TABLE OF CONTENTS

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  **Section**   **Heading**                                                              **Page**

  1             Offer Submittal Instructions                                             [2](#tabke)

  2             Statement of Work                                                        [2](#_toc_02)

  *Commercial                                                                            
  Clauses*                                                                               

  3             Clauses By Reference                                     [7](#_toc_03)   

  4             Evaluation - Commercial Items                                            [7](#_toc_04)

  5             Contract Terms and Conditions Required to Implement                      [7](#_toc_05)
                Statutes or Executive Orders\--Commercial Items                          

  6             Offeror Representations and Certifications - Commercial                  [11](#_toc_06)
                Items                                                                    
  ------------- -------------------------------------------------------- --------------- ----------------

[]{#tabke .anchor}

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  1    OFFER SUBMITTAL INSTRUCTIONS

  ---- ------------------------------------------------------------------

OFFER SUBMITTAL INSTRUCTIONS

Complete Blocks 12 - 16 on Page 1 of the Request for Quotation (RFQ).
Note - complete Block 12 only if offering a prompt payment discount.

Enter your company\'s DUNS number on Page 1.

Enter prices and delivery dates on Page 2 and Page 3.

Complete the Offeror Representations and Certifications - Commercial
Items (Pages 14-22). If the offeror has completed the annual
representations and certifications electronically at
http://orca.bpn.gov, complete only paragraph (b) at page 15 of this RFQ.

Attach the items required by the Evaluation Factors clause at Page 9:

\(1\) Listing of work of similar scope and size - attach a list of three
contracts of similar scope and size from the past three

years.

\(2\) Warranty details

Submit the completed RFQ pages and attachment by the most convenient
method to:

Donald Anderson - PN-3703

Pacific Northwest Region

Bureau of Reclamation

1150 N Curtis Rd

Boise, ID 83706-1234

208-378-5342

208-378-5108 (Fax)

dhanderson@pn.usbr.gov (Email)

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  []{#_toc_02   STATEMENT OF WORK
  .anchor}2     

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STATEMENT OF WORK

Bureau of Reclamation

Umatilla Field Office

**[Rebuild 300 Horsepower Pump]{.underline}**

**[Phase I Pump Plant, Pump #4]{.underline}**

General:

Bureau of Reclamation, Umatilla Field Office located in Hermiston,
Oregon, has a requirement for rebuilding a 300 horsepower vertical
turbine pump located at Phase I Pumping Plant in Umatilla, Oregon. Work
shall include transportation, rebuild, and testing of the pump.

All work shall be completed by January 15, 2009. The contractor shall be
responsible for all the labor, material and supplies to rebuild,
transport, and test the pump.

Scope of Work:

1\. Rebuild pump located at Phase I Pumping Plant, according to the
manufacturer\'s specification.

2\. After Government installation, perform vibration analysis during the
testing phase

3\. Work shall be completed no later than January 15, 2009.

Work to be Completed:

1\. Provide labor, parts, and materials to rebuild pump

2\. Disassemble and inspect all parts, to include pump shaft, pump
impeller, pump bowl, and all pump bearings.

3\. Check for signs of damage from abrasion or corrosion

4\. Check pump packing gland and packing surface and replace packing

5\. Check column assembly for proper fit

6\. Replace pump bowl bearings as needed

7\. Replace bowl ring as needed

8\. Replace impeller wearing ring as needed

9\. Replace suction bearings (upper & lower) as needed

10\. Replace line shaft bearings

11\. Check all threads and all cap screws, then measure and record all
fit and clearances

12\. Reassemble pump

13\. Measure and record all machine fit and clearances

14\. Reassemble and paint pump columns and pedestal with paint designed
for underwater applications

15\. After installation by the Government, the contractor shall perform
vibration analysis during the testing phase

16\. Furnish Government with printed copies of all test results

17\. Return all old parts to Government

All of the above work shall be performed according to the
manufacturer\'s specification. The Contractor shall provide a minimum 1
year warranty on labor and parts.

Transportation:

Government staff shall disconnect the pump for removal and provide a
crane for loading and unloading of the pump. The Contractor shall
transport the pump to the repair facility, and back to the pump station.

Specifications:

The pump has been in service since 1993, and has approximately 10,698
run hours and is still running

1\. Peabody Floway Vertical Turbine

2\. Size: 27\"

3\. Type: FKH

4\. Stage: (1)

5\. Serial #: 91-01648

6\. Shaft Size: 1-15/16\"

7\. GPM: 8,752 - Enclosed Impeller

**[Rebuild 500 Horsepower Pump]{.underline}**

**[Phase I Pump Plant, Pump #2]{.underline}**

General:

Bureau of Reclamation, Umatilla Field Office located in Hermiston,
Oregon, has a requirement for rebuilding a 500 horsepower vertical
turbine pump located at Phase I Pumping Plant in Umatilla, Oregon. Work
shall include transportation, rebuild, and testing of the pump.

All work shall be completed by March 1, 2009. The contractor shall be
responsible for all the labor, material and supplies to rebuild,
transport, and test the pump.

Scope of Work:

1\. Rebuild pump located at Phase I Pumping Plant, according to the
manufacturer\'s specification.

2\. After Government installation, perform vibration analysis during the
testing phase

3\. Work shall be completed no later than March 1, 2009.

Work to be Completed:

1\. Provide labor, parts, and materials to rebuild pump

2\. Disassemble and inspect all parts, to include pump shaft, pump
impeller, pump bowl, and all pump bearings.

3\. Check for signs of damage from abrasion or corrosion

4\. Check pump packing gland and packing surface and replace packing

5\. Check column assembly for proper fit

6\. Replace pump bowl bearings as needed

7\. Replace bowl ring as needed

8\. Replace impeller wearing ring as needed

9\. Replace suction bearings (upper & lower) as needed

10\. Replace line shaft bearings

11\. Check all threads and all cap screws, then measure and record all
fit and clearances

12\. Reassemble pump

13\. Measure and record all machine fit and clearances

14\. Reassemble and paint pump columns and pedestal with paint designed
for underwater applications

15\. After installation by the Government, the contractor shall perform
vibration analysis during the testing phase

16\. Furnish Government with printed copies of all test results

17\. Return all old parts to Government

All of the above work shall be performed according to the
manufacturer\'s specification. The Contractor shall provide a minimum 1
year warranty on labor and parts.

Transportation:

Government staff shall disconnect the pump for removal and provide a
crane for loading and unloading of the pump. The Contractor shall
transport the pump to the repair facility, and back to the pump station.

Specifications:

The pump has been in service since 1993, and has approximately 10,698
run hours and is still running

1\. Peabody Floway Vertical Turbine

2\. Size: 34\"

3\. Type: FKH

4\. Stage: (1)

5\. Serial #: 91-0164-6

6\. Shaft Size: 2-7/16\"

7\. Enclosed Impeller

**[Rebuild 500 Horsepower Pump]{.underline}**

**[Phase I Pump Plant, Pump #3]{.underline}**

General:

Bureau of Reclamation, Umatilla Field Office located in Hermiston,
Oregon, has a requirement for rebuilding a 500 horsepower vertical
turbine pump located at Phase I Pumping Plant in Umatilla, Oregon. Work
shall include transportation, rebuild, and testing of the pump.

All work shall be completed by January 15, 2009. The contractor shall be
responsible for all the labor, material and supplies to rebuild,
transport, and test the pump.

Scope of Work:

1.  Rebuild pump located at Phase I Pumping Plant, according to the
    manufacturer's specification.

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1.  After Government installation, perform vibration analysis during the
    testing phase

2.  Work shall be completed no later than January 15, 2009.

Work to be Completed:

1.  Provide labor, parts, and materials to rebuild pump

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```
1.  Disassemble and inspect all parts, to include pump shaft, pump
    impeller, pump bowl, and all pump bearings.

2.  Check for signs of damage from abrasion or corrosion

3.  Check pump packing gland and packing surface and replace packing

4.  Check column assembly for proper fit

5.  Replace pump bowl bearings as needed

6.  Replace bowl ring as needed

7.  Replace impeller wearing ring as needed

8.  Replace suction bearings (upper & lower) as needed

9.  Replace line shaft bearings

10. Check all threads and all cap screws, then measure and record all
    fit and clearances

11. Reassemble pump

12. Measure and record all machine fit and clearances

13. Reassemble and paint pump columns and pedestal with paint designed
    for underwater applications

14. After installation by the Government, the contractor shall perform
    vibration analysis during the testing phase

15. Furnish Government with printed copies of all test results

16. Return all old parts to Government

All of the above work shall be performed according to the manufacturer's
specification. The Contractor shall provide a minimum 1 year warranty on
labor and parts.

Transportation:

Government staff shall disconnect the pump for removal and provide a
crane for loading and unloading of the pump. The Contractor shall
transport the pump to the repair facility, and back to the pump station.

Specifications:

The pump has been in service since 1993, and has approximately 10,698
run hours and is still running

1.  Peabody Floway Vertical Turbine

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```
1.  Size: 34"

2.  Type: FKH

3.  Stage: (1)

4.  Serial #: 91-0164-7

5.  Shaft Size: 2-7/16"

6.  Enclosed Impeller

**[Repair 500 Horsepower Electric Motor]{.underline}**

**[Phase I Pump Plant, Motor #2]{.underline}**

General:

Bureau of Reclamation, Umatilla Field Office located in Hermiston,
Oregon, has a requirement for repair of (1) 500 horsepower electric
motor located at Phase I Pumping Plant in Umatilla, Oregon. Work shall
include transportation, repair, and testing of the motor.

All work shall be completed by January 15, 2009. The contractor shall be
responsible for all the labor, material and supplies to repair,
transport, and test the motor.

Scope of Work:

1\. Repair motor located at Phase I Pumping Plant, according to the
manufacturer\'s specification.

2\. After Government installation, perform vibration analysis during the
testing phase

3\. Work shall be completed no later than January 15, 2009.

Work to be Completed:

1\. Transportation of motor to and from repair facility

2\. Provide labor, parts, and materials to repair motor

3\. Perform electrical testing of stator and rotor

4\. Dip and bake stator windings (if needed)

5\. Test all resistance thermal detectors (RTD)

6\. Install new upper thrust bearing (Part #7238-MG)

7\. Install new lower guide bearing, (Part #6226-J)

8\. Install (2) flexible strip heaters, 240 Volts @ 240 Watts, each
heater mounted at the lower end

9\. Reassemble motor

10\. Prime and paint drive unit with Reclamation specified primer and
paint

11\. Post reassembly testing shall include full voltage final test run
with vibration signature and bearing temperature monitoring until
temperatures have stabilized and testing of all RTD\'s

12\. Measure and record all machine fit and clearances

13\. After installation by the Government, the contractor shall perform
on-site vibration analysis and adjustment of the motor during the
initial startup

14\. Furnish Government with printed copies of all test results

15\. Return all old parts to Government

All of the above work shall be performed according to the
manufacturer\'s specification. The Contractor shall provide a minimum 1
year warranty on labor and parts.

Transportation:

Government staff will disconnect the motor for removal and provide a
crane for loading and unloading of the motor. The Contractor shall
transport the motor to the repair facility, and back to the pump
station.

Specifications:

Manufacturer: U.S. Motor

Identification #: 649007/U09U1150484R-2

Frame: 6808P

Type: HU WP2, 887 R.P.M

Lower Bearing: 6226-J

Upper Bearing: 7238-MG

H.P. 500

Volts: 2300

Amps: 115

Weight of Motor: 6,200 lbs

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  []{#_toc_03   52.252-02   Clauses Incorporated by Reference          
  .anchor}3                                                            

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This contract incorporates one or more clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available. Also, the
full text of a clause may be accessed electronically at this/these
address(es):

http://www.acqnet.gov/far/index.html

  ----------------- ---------------------------------------- -------------
  **Clause**        **Title**                                **Date**

  52.212-04         Contract Terms and                       February 2007
                    Conditions\--Commercial Items            
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  []{#_toc_04   52.212-02   Evaluation - Commercial Items              January 1999
  .anchor}4                                                            

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\(a\) The Government will award a contract resulting from this
solicitation to the responsible offeror whose offer conforming to the
solicitation will be most advantageous to the Government, price and
other factors considered. The following factors shall be used to
evaluate offers:

1\) For each line item enter the expected delivery date assuming the
order is received no later than 11/03/2008

2\) Provide a list of three contracts of similar scope and size for the
government or commercial clients from the past three years.

Include a contact name with a telephone number for each contract.

3\) Price competitiveness

4\) Provide coverage details of the warranty and the length of the
warranty

Technical and past performance shall be given as much weight, if not
more so, than cost or price when all the evaluation factors are
considered in selecting a contractor to perform this work.

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

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

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  []{#_toc_05   52.212-05   Contract Terms and Conditions Required to  June 2008
  .anchor}5                 Implement Statutes or Executive            
                            Orders\--Commercial Items                  

  ------------- ----------- ------------------------------------------ --------------

\(a\) The Contractor shall comply with the following Federal Acquisition
Regulation (FAR) clauses, which are incorporated in this contract by
reference, to implement provisions of law or Executive orders applicable
to acquisitions of commercial items:

> \(1\) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
>
> \(2\) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)
> (Pub. L. 108-77, 108-78)

\(b\) The Contractor shall comply with the FAR clauses in this paragraph
(b) that the Contracting Officer has indicated as being incorporated in
this contract by reference to implement provisions of law or Executive
orders applicable to acquisitions of commercial items:

\[Contracting Officer check as appropriate.\]

\_\_\_ (1) 52.203-6, Restrictions on Subcontractor Sales to the
Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and
10 U.S.C. 2402).

\_\_\_ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15
U.S.C. 657a).

\_\_\_ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone
Small Business Concerns (July 2005) (if the offeror elects to waive the
preference, it shall so indicate in its offer) (15 U.S.C. 657a).

\_\_\_ (4) \[Reserved\]

**[X]{.underline}** (5) (i) 52.219-6, Notice of Total Small Business
Set-Aside (June 2003) (15 U.S.C. 644).

> \_\_\_ (ii) Alternate I (Oct 1995) of 52.219-6.
>
> \_\_\_ (iii) Alternate II (Mar 2004) of 52.219-6.

\_\_\_ (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside
(June 2003) (15 U.S.C. 644).

> \_\_\_ (ii) Alternate I (Oct 1995) of 52.219-7.
>
> \_\_\_ (iii) Alternate II (Mar 2004) of 52.219-7.

\_\_\_ (7) 52.219-8, Utilization of Small Business Concerns (May 2004)
(15 U.S.C. 637(d)(2) and (3)).

\_\_\_ (8) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)
(15 U.S.C. 637(d)(4)).

> \_\_\_ (ii) Alternate I (Oct 2001) of 52.219-9.
>
> \_\_\_ (iii) Alternate II (Oct 2001) of 52.219-9.

\_\_\_ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15
U.S.C. 637(a)(14)).

\_\_\_ (10) 52.219-16, Liquidated Damages---Subcontracting Plan (Jan
1999) (15 U.S.C. 637(d)(4)(F)(i)).

\_\_\_ (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for
Small Disadvantaged Business Concerns (Sept 2005) (10 U.S.C. 2323) (if
the offeror elects to waive the adjustment, it shall so indicate in its
offer).

> \_\_\_ (ii) Alternate I (June 2003) of 52.219-23.

\_\_\_ (12) 52.219-25, Small Disadvantaged Business Participation
Program---Disadvantaged Status and Reporting (Apr 2008) (Pub. L.
103-355, section 7102, and 10 U.S.C. 2323).

\_\_\_ (13) 52.219-26, Small Disadvantaged Business Participation
Program---Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section
7102, and 10 U.S.C. 2323).

\_\_\_ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned
Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

\_\_\_ (15) 52.219-28, Post Award Small Business Program
Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

[**X**]{.underline} (16) 52.222-3, Convict Labor (June 2003) (E.O.
11755).

[**X**]{.underline} (17) 52.222-19, Child Labor---Cooperation with
Authorities and Remedies (Feb 2008) (E.O. 13126).

[**X**]{.underline} (18) 52.222-21, Prohibition of Segregated Facilities
(Feb 1999).

[**X**]{.underline} (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O.
11246).

\_\_\_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38
U.S.C. 4212).

**[X]{.underline}** (21) 52.222-36, Affirmative Action for Workers with
Disabilities (Jun 1998) (29 U.S.C. 793).

\_\_\_ (22) 52.222-37, Employment Reports on Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38
U.S.C. 4212).

\_\_\_ (23) 52.222-39, Notification of Employee Rights Concerning
Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

[**X**]{.underline} (24)(i) 52.222-50, Combating Trafficking in Persons
(Aug 2007) (Applies to all contracts).

> \_\_\_ (ii) Alternate I (Aug 2007) of 52.222-50.

\_\_\_ (25) (i) 52.223-9, Estimate of Percentage of Recovered Material
Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)).

> \_\_\_ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C.
> 6962(i)(2)(C)).

\_\_\_ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products
(Dec 2007) (42 U.S.C. 8259b).

\_\_\_ (27) (i) 52.223-16, IEEE 1680 Standard for the Environmental
Assessment of Personal Computer Products (Dec 2007) (E.O.

13423).

> \_\_\_ (ii) Alternate I (Dec 2007) of 52.223-16.

[**X**]{.underline} (28) 52.225-1, Buy American Act---Supplies (June
2003) (41 U.S.C. 10a-10d).

\_\_\_ (29) (i) 52.225-3, Buy American Act---Free Trade
Agreements---Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53
and 109-169).

> \_\_\_ (ii) Alternate I (Jan 2004) of 52.225-3.
>
> \_\_\_ (iii) Alternate II (Jan 2004) of 52.225-3.

\_\_\_ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et
seq., 19 U.S.C. 3301 note).

\_\_\_ (31) 52.225-13, Restrictions on Certain Foreign Purchases (June
2008) (E.O.'s, proclamations, and statutes administered by the Office of
Foreign Assets Control of the Department of the Treasury).

\_\_\_ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside
(Nov 2007) (42 U.S.C. 5150).

\_\_\_ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or
Emergency Area (Nov 2007) (42 U.S.C. 5150).

\_\_\_ (34) 52.232-29, Terms for Financing of Purchases of Commercial
Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

\_\_\_ (35) 52.232-30, Installment Payments for Commercial Items (Oct
1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[**X**]{.underline} (36) 52.232-33, Payment by Electronic Funds
Transfer---Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

\_\_\_ (37) 52.232-34, Payment by Electronic Funds Transfer---Other than
Central Contractor Registration (May 1999) (31 U.S.C. 3332).

\_\_\_ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C.
3332).

\_\_\_ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5
U.S.C. 552a).

\_\_\_ (40) (i) 52.247-64, Preference for Privately Owned U.S.-Flag
Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10

U.S.C. 2631).

> \_\_\_ (ii) Alternate I (Apr 2003) of 52.247-64.

\(c\) The Contractor shall comply with the FAR clauses in this paragraph
(c), applicable to commercial services, that the Contracting Officer has
indicated as being incorporated in this contract by reference to
implement provisions of law or Executive orders applicable to
acquisitions of commercial items:

\[Contracting Officer check as appropriate.\]

[**X**]{.underline} (1) 52.222-41, Service Contract Act of 1965 (Nov
2007) (41 U.S.C. 351, et seq.).

[**X**]{.underline} (2) 52.222-42, Statement of Equivalent Rates for
Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

\_\_\_ (3) 52.222-43, Fair Labor Standards Act and Service Contract
Act---Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)
(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

\_\_\_ (4) 52.222-44, Fair Labor Standards Act and Service Contract
Act---Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et
seq.).

\_\_\_ (5) 52.222-51, Exemption from Application of the Service Contract
Act to Contracts for Maintenance, Calibration, or Repair of Certain
Equipment---Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

\_\_\_ (6) 52.222-53, Exemption from Application of the Service Contract
Act to Contracts for Certain Services---Requirements (Nov 2007) (41
U.S.C. 351, et seq.).

\_\_\_ (7) 52.237-11, Accepting and Dispensing of \$1 Coin (Aug 2007)
(31 U.S.C. 5112(p)(1)).

\(d\) Comptroller General Examination of Record. The Contractor shall
comply with the provisions of this paragraph (d) if this contract was
awarded using other than sealed bid, is in excess of the simplified
acquisition threshold, and does not contain the clause at 52.215-2,
Audit and Records---Negotiation.

> \(1\) The Comptroller General of the United States, or an authorized
> representative of the Comptroller General, shall have access to and
> right to examine any of the Contractor's directly pertinent records
> involving transactions related to this contract.
>
> \(2\) The Contractor shall make available at its offices at all
> reasonable times the records, materials, and other evidence for
> examination, audit, or reproduction, until 3 years after final payment
> under this contract or for any shorter period specified in FAR Subpart
> 4.7, Contractor Records Retention, of the other clauses of this
> contract. If this contract is completely or partially terminated, the
> records relating to the work terminated shall be made available for 3
> years after any resulting final termination settlement. Records
> relating to appeals under the disputes clause or to litigation or the
> settlement of claims arising under or relating to this contract shall
> be made available until such appeals, litigation, or claims are
> finally resolved.
>
> \(3\) As used in this clause, records include books, documents,
> accounting procedures and practices, and other data, regardless of
> type and regardless of form. This does not require the Contractor to
> create or maintain any record that the Contractor does not maintain in
> the ordinary course of business or pursuant to a provision of law.

\(e\) (1) Notwithstanding the requirements of the clauses in paragraphs
(a), (b), (c), and (d) of this clause, the Contractor is not required to
flow down any FAR clause, other than those in paragraphs (i) through
(vii) of this paragraph in a subcontract for commercial items. Unless
otherwise indicated below, the extent of the flow down shall be as
required by the clause---

> \(i\) 52.219-8, Utilization of Small Business Concerns (May 2004) (15
> U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further
> subcontracting opportunities. If the subcontract (except subcontracts
> to small business concerns) exceeds \$550,000 (\$1,000,000 for
> construction of any public facility), the subcontractor must include
> 52.219-8 in lower tier subcontracts that offer subcontracting
> opportunities.
>
> \(ii\) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
>
> \(iii\) 52.222-35, Equal Opportunity for Special Disabled Veterans,
> Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006)
> (38 U.S.C. 4212).
>
> \(iv\) 52.222-36, Affirmative Action for Workers with Disabilities
> (June 1998) (29 U.S.C. 793).
>
> \(v\) 52.222-39, Notification of Employee Rights Concerning Payment of
> Union Dues or Fees (Dec 2004) (E.O. 13201).
>
> \(vi\) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C.
> 351, et seq.).
>
> \(vii\) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22
> U.S.C. 7104(g)). Flow down required in accordance with paragraph (f)
> of FAR clause 52.222-50.
>
> \(viii\) 52.222-51, Exemption from Application of the Service Contract
> Act to Contracts for Maintenance, Calibration, or Repair of Certain
> Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
>
> \(ix\) 52.222-53, Exemption from Application of the Service Contract
> Act to Contracts for Certain Services-Requirements (Nov 2007) (41
> U.S.C. 351, et seq.).
>
> \(x\) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
> Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow
> down required in accordance with paragraph (d) of FAR clause
> 52.247-64.
>
> \(2\) While not required, the contractor may include in its
> subcontracts for commercial items a minimal number of additional
> clauses necessary to satisfy its contractual obligations.

(End of clause)

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  []{#_toc_06   52.212-03   Offeror Representations and                June 2008
  .anchor}6                 Certifications - Commercial Items          

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An offeror shall complete only paragraph (b) of this provision if the
offeror has completed the annual representations and certifications
electronically at http://orca.bpn.gov. If an offeror has not completed
the annual representations and certifications electronically at the ORCA
website, the offeror shall complete only paragraphs (c) through (m) of
this provision.

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

"Emerging small business" means a small business concern whose size is
no greater than 50 percent of the numerical size standard for the NAICS
code designated.

"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.

"Manufactured end product" means any end product in Federal Supply
Classes (FSC) 1000-9999, except---

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

\(2\) Federal Supply Group (FSG) 87, Agricultural Supplies;

\(3\) FSG 88, Live Animals;

\(4\) FSG 89, Food and Related Consumables;

\(5\) FSC 9410, Crude Grades of Plant Materials;

\(6\) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

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

\(8\) FSC 9610, Ores;

\(9\) FSC 9620, Minerals, Natural and Synthetic; and

\(10\) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled
out of components, or otherwise made or processed from raw materials
into the finished product that is to be provided to the Government. If a
product is disassembled and reassembled, the place of reassembly is not
the place of manufacture.

"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 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.

"Service-disabled veteran-owned small business concern"---

\(1\) Means a small business concern---

\(i\) Not less than 51 percent of which is owned by one or more
service-disabled veterans or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and

\(ii\) The management and daily business operations of which are
controlled by one or more service-disabled veterans or, in the case of a
service-disabled veteran with permanent and severe disability, the
spouse or permanent caregiver of such veteran.

\(2\) Service-disabled veteran means a veteran, as defined in 38 U.S.C.
101(2), with a disability that is service-connected, as defined in 38
U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that
is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified
as a small business under the criteria in 13 CFR Part 121 and size
standards in this solicitation.

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

\(1\) Not less than 51 percent of which is owned by one or more veterans
(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more veterans; and

\(2\) The management and daily business operations of which are
controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51
percent owned by one or more women; or in the case of any publicly owned
business, at least 51 percent of its stock is owned by one or more
women; and whose management and daily business operations are controlled
by one or more women.

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

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

\(1\) 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 posted on
the Online Representations and Certifications Application (ORCA)
website.

\(2\) The offeror has completed the annual representations and
certifications electronically via the ORCA website at
http://orca.bpn.gov. After reviewing the ORCA database information, the
offeror verifies by submission of this offer that the representations
and certifications currently posted electronically at FAR 52.212-3,
Offeror Representations and Certifications---Commercial Items, have been
entered or updated in the last 12 months, are current, accurate,
complete, and applicable to this solicitation (including the business
size standard applicable to the NAICS code referenced for this
solicitation), as of the date of this offer and are incorporated in this
offer by reference (see FAR 4.1201), except for paragraphs
\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\[Offeror to identify the applicable paragraphs at (c) through (m) 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 on ORCA.\]

\(c\) Offerors must complete the following representations when the
resulting contract will be performed in the United States or its
outlying areas. Check all that apply.

\(1\) Small business concern. The offeror represents as part of its
offer that it o is, o is not a small business concern.

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

\(3\) Service-disabled veteran-owned small business concern. \[Complete
only if the offeror represented itself as a veteran-owned small business
concern in paragraph (c)(2) of this provision.\] The offeror represents
as part of its offer that it o is, o is not a service-disabled
veteran-owned small business concern.

\(4\) Small disadvantaged business concern. \[Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision.\] The offeror represents, for general
statistical purposes, that it o is, o 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 o is, o is not a
women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is
expected to exceed the simplified acquisition threshold.

\(6\) 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 o is a women-owned
business concern.

\(7\) 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:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(8\) Small Business Size for the Small Business Competitiveness
Demonstration Program and for the Targeted Industry Categories under the
Small Business Competitiveness Demonstration Program. \[Complete only if
the offeror has represented itself to be a small business concern under
the size standards for this solicitation.\]

\(i\) \[Complete only for solicitations indicated in an addendum as
being set-aside for emerging small businesses in one of the designated
industry groups (DIGs).\] The offeror represents as part of its offer
that it o is, o is not an emerging small business.

\(ii\) \[Complete only for solicitations indicated in an addendum as
being for one of the targeted industry categories (TICs) or designated
industry groups (DIGs).\] Offeror represents as follows:

\(A\) Offeror's number of employees for the past 12 months (check the
Employees column if size standard stated in the solicitation is
expressed in terms of number of employees); or

\(B\) Offeror's average annual gross revenue for the last 3 fiscal years
(check the Average Annual Gross Number of Revenues column if size
standard stated in the solicitation is expressed in terms of annual
receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenues

\_\_ 50 or fewer \_\_ \$1 million or less

\_\_ 51--100 \_\_ \$1,000,001--\$2 million

\_\_ 101--250 \_\_ \$2,000,001--\$3.5 million

\_\_ 251--500 \_\_ \$3,500,001--\$5 million

\_\_ 501--750 \_\_ \$5,000,001--\$10 million

\_\_ 751--1,000 \_\_ \$10,000,001--\$17 million

\_\_ Over 1,000 \_\_ Over \$17 million

\(9\) \[Complete only if the solicitation contains the clause at FAR
52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged
Business Concerns, or FAR 52.219-25, Small Disadvantaged Business
Participation Program---Disadvantaged Status and Reporting, and the
offeror desires a benefit based on its disadvantaged status.\]

\(i\) General. The offeror represents that either---

\(A\) It \[ \] is, \[ \] is not certified by the Small Business
Administration as a small disadvantaged business concern and identified,
on the date of this representation, as a certified small disadvantaged
business concern in the database maintained by the Small Business
Administration (PRO-Net), and that no material change in disadvantaged
ownership and control has occurred since its certification, and, where
the concern is owned by one or more individuals claiming disadvantaged
status, the net worth of each individual upon whom the certification is
based does not exceed \$750,000 after taking into account the applicable
exclusions set forth at 13 CFR 124.104(c)(2); or

\(B\) It \[ \] has, \[ \] has not submitted a completed application to
the Small Business Administration or a Private Certifier to be certified
as a small disadvantaged business concern in accordance with 13 CFR 124,
Subpart B, and a decision on that application is pending, and that no
material change in disadvantaged ownership and control has occurred
since its application was submitted.

\(ii\) \[ \] Joint Ventures under the Price Evaluation Adjustment for
Small Disadvantaged Business Concerns. The offeror represents, as part
of its offer, that it is a joint venture that complies with the
requirements in 13 CFR 124.1002(f) and that the representation in
paragraph (c)(9)(i) of this provision is accurate for the small
disadvantaged business concern that is participating in the joint
venture. \[The offeror shall enter the name of the small disadvantaged
business concern that is participating in the joint venture:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\]

\(10\) HUBZone small business concern. \[Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of
this provision.\] The offeror represents, as part of its offer, that---

\(i\) It \[ \] is, \[ \] is not a HUBZone small business concern listed,
on the date of this representation, on the List of Qualified HUBZone
Small Business Concerns maintained by the Small Business Administration,
and no material change in ownership and control, principal office, or
HUBZone employee percentage has occurred since it was certified by the
Small Business Administration in accordance with 13 CFR Part 126; and

\(ii\) It \[ \] is, \[ \] is not a joint venture that complies with the
requirements of 13 CFR Part 126, and the representation in paragraph
(c)(10)(i) of this provision is accurate for the HUBZone small business
concern or concerns that are participating in the joint venture. \[The
offeror shall enter the name or names of the HUBZone small business
concern or concerns that are participating in the joint venture:
\_\_\_\_\_\_\_\_\_\_.\] Each HUBZone small business concern
participating in the joint venture shall submit a separate signed copy
of the HUBZone representation.

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

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

\(i\) It \[ \] has, \[ \] has not participated in a previous contract or
subcontract subject to the Equal Opportunity clause of this
solicitation; and

\(ii\) It \[ \] has, \[ \] has not filed all required compliance
reports.

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

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

\(ii\) It \[ \] has not previously had contracts subject to the written
affirmative action programs requirement of the rules and regulations of
the Secretary of Labor.

\(e\) Certification Regarding Payments to Influence Federal Transactions
(31 U.S.C. 1352). (Applies only if the contract is expected to exceed
\$100,000.) By submission of its offer, the offeror certifies to the
best of its knowledge and belief that no Federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress or an employee of a Member of Congress
on his or her behalf in connection with the award of any resultant
contract. If any registrants under the Lobbying Disclosure Act of 1995
have made a lobbying contact on behalf of the offeror with respect to
this contract, the offeror shall complete and submit, with its offer,
OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the
name of the registrants. The offeror need not report regularly employed
officers or employees of the offeror to whom payments of reasonable
compensation were made.

\(f\) Buy American Act Certificate. (Applies only if the clause at
Federal Acquisition Regulation (FAR) 52.225-1, Buy American
Act---Supplies, is included in this solicitation.)

\(1\) The offeror certifies that each end product, except those listed
in paragraph (f)(2) of this provision, is a domestic end product and
that the offeror has considered components of unknown origin to have
been mined, produced, or manufactured outside the United States. The
offeror shall list as foreign end products those end products
manufactured in the United States that do not qualify as domestic end
products. The terms "component," "domestic end product," "end product,"
"foreign end product," and "United States" are defined in the clause of
this solicitation entitled "Buy American Act---Supplies."

\(2\) Foreign End Products:

Line Item No. Country of Origin

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[List as necessary\]

\(3\) The Government will evaluate offers in accordance with the
policies and procedures of FAR Part 25.

(g)(1) Buy American Act---Free Trade Agreements---Israeli Trade Act
Certificate. (Applies only if the clause at FAR 52.225-3, Buy American
Act---Free Trade Agreements---Israeli Trade Act, is included in this
solicitation.)

\(i\) The offeror certifies that each end product, except those listed
in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic
end product and that the offeror has considered components of unknown
origin to have been mined, produced, or manufactured outside the United
States. The terms "Bahrainian or Moroccan end product," "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 Act-Free Trade
Agreements-Israeli Trade Act."

\(ii\) The offeror certifies that the following supplies are Free Trade
Agreement country end products (other than Bahrainian or Moroccan end
products) or Israeli end products as defined in the clause of this
solicitation entitled "Buy American Act---Free Trade
Agreements---Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian or
Moroccan End Products) or Israeli End Products:

Line Item No. Country of Origin

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[List as necessary\]

\(iii\) The offeror shall list those supplies that are foreign end
products (other than those listed in paragraph (g)(1)(ii) of this
provision) as defined in the clause of this solicitation entitled "Buy
American Act---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.

Other Foreign End Products:

Line Item No. Country of Origin

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[List as necessary\]

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

\(2\) Buy American Act---Free Trade Agreements---Israeli Trade Act
Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3
is included in this solicitation, substitute the following paragraph
(g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[List as necessary\]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[List as necessary\]

\(4\) 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)(4)(ii) of this provision, is a U.S.-made or designated
country end product, as defined in the clause of this solicitation
entitled "Trade Agreements."

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

Other End Products:

Line Item No. Country of Origin

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[List as necessary\]

\(iii\) The Government will evaluate offers in accordance with the
policies and procedures of FAR Part 25. For line items covered by the
WTO GPA, the Government will evaluate offers of U.S.-made or designated
country end products without regard to the restrictions of the Buy
American Act. The Government will consider for award only offers of
U.S.-made or designated country end products unless the Contracting
Officer determines that there are no offers for such products or that
the offers for such products are insufficient to fulfill the
requirements of the solicitation.

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

\(1\) \[ \] Are, \[ \] are not presently debarred, suspended, proposed
for debarment, or declared ineligible for the award of contracts by any
Federal agency;

\(2\) \[ \] Have, \[ \] have not, within a three-year period preceding
this offer, been convicted of or had a civil judgment rendered against
them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a Federal, state or local
government contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property;

\(3\) \[ \] Are, \[ \] are not presently indicted for, or otherwise
criminally or civilly charged by a Government entity with, commission of
any of these offenses enumerated in paragraph (h)(2) of this clause; and

\(4\) \[ \] Have, \[ \] have not, within a three-year period preceding
this offer, been notified of any delinquent Federal taxes in an amount
that exceeds \$3,000 for which the liability remains unsatisfied.

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

\(A\) The tax liability is finally determined. The liability is finally
determined if it has been assessed. A liability is not finally
determined if there is a pending administrative or judicial challenge.
In the case of a judicial challenge to the liability, the liability is
not finally determined until all judicial appeal rights have been
exhausted.

\(B\) The taxpayer is delinquent in making payment. A taxpayer is
delinquent if the taxpayer has failed to pay the tax liability when full
payment was due and required. A taxpayer is not delinquent in cases
where enforced collection action is precluded.

\(ii\) Examples.

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

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

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

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

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

\(1\) Listed end products.

Listed End Product Listed Countries of Origin

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

\[ \] (i) The offeror will not supply any end product listed in
paragraph (i)(1) of this provision that was mined, produced, or
manufactured in the corresponding country as listed for that product.

\[ \] (ii) The offeror may supply an end product listed in paragraph
(i)(1) of this provision that was mined, produced, or manufactured in
the corresponding country as listed for that product. The offeror
certifies that it has made a good faith effort to determine whether
forced or indentured child labor was used to mine, produce, or
manufacture any such end product furnished under this contract. On the
basis of those efforts, the offeror certifies that it is not aware of
any such use of child labor.

\(j\) Place of manufacture. (Does not apply unless the solicitation is
predominantly for the acquisition of manufactured end products.) For
statistical purposes only, the offeror shall indicate whether the place
of manufacture of the end products it expects to provide in response to
this solicitation is predominantly---

\(1\) \[ \] In the United States (Check this box if the total
anticipated price of offered end products manufactured in the United
States exceeds the total anticipated price of offered end products
manufactured outside the United States); or

\(2\) \[ \] Outside the United States.

\(k\) Certificates regarding exemptions from the application of the
Service Contract Act. (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 o does o 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 in substantial quantities to the general public in the
course of normal business operations;

\(ii\) The services will be furnished at prices which are, or are based
on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii))
for the maintenance, calibration, or repair of such equipment; and

\(iii\) The compensation (wage and fringe benefits) plan for all service
employees performing work under the contract will be the same as that
used for these employees and equivalent employees servicing the same
equipment of commercial customers.

\[ \] (2) Certain services as described in FAR 22.1003-4(d)(1). The
offeror \[ \] does \[ \] does not certify that---

\(i\) The services under the contract are offered and sold regularly to
non-Governmental customers, and are provided by the offeror (or
subcontractor in the case of an exempt subcontract) to the general
public in substantial quantities in the course of normal business
operations;

\(ii\) The contract services will be furnished at prices that are, or
are based on, established catalog or market prices (see FAR
22.1003-4(d)(2)(iii));

\(iii\) Each service employee who will perform the services under the
contract will spend only a small portion of his or her time (a monthly
average of less than 20 percent of the available hours on an annualized
basis, or less than 20 percent of available hours during the contract
period if the contract period is less than a month) servicing the
Government contract; and

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

\(3\) If paragraph (k)(1) or (k)(2) of this clause applies---

\(i\) If the offeror does not certify to the conditions in paragraph
(k)(1) or (k)(2) and the Contracting Officer did not attach a Service
Contract Act 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 a central contractor registration database to be eligible
for award.)

\(1\) All offerors must submit the information required in paragraphs
(l)(3) through (l)(5) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of
26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by
the Internal Revenue Service (IRS).

\(2\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror's relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror's TIN.

\(3\) Taxpayer Identification Number (TIN).

\[ \] TIN:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\[ \] TIN has been applied for.

\[ \] TIN is not required because:

\[ \] Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have an
office or place of business or a fiscal paying agent in the United
States;

\[ \] Offeror is an agency or instrumentality of a foreign government;

\[ \] Offeror is an agency or instrumentality of the Federal Government.

\(4\) Type of organization.

\[ \] Sole proprietorship;

\[ \] Partnership;

\[ \] Corporate entity (not tax-exempt);

\[ \] Corporate entity (tax-exempt);

\[ \] Government entity (Federal, State, or local);

\[ \] Foreign government;

\[ \] International organization per 26 CFR 1.6049-4;

\[ \] Other
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(5\) Common parent.

\[ \] Offeror is not owned or controlled by a common parent;

\[ \] Name and TIN of common parent:

Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

TIN \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(m\) Restricted business operations in Sudan. By submission of its
offer, the offeror certifies that it does not conduct any restricted
business operations in Sudan.

(End of provision)