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FBO DAILY ISSUE OF JANUARY 23, 2009 FBO #2615
SOLICITATION NOTICE

99 -- Vehicle Lease, All Utah Forests

Notice Date
1/21/2009
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
532120 — Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing
 
Contracting Office
Department of Agriculture, Forest Service, R-4 Geospatial Service & Technology Center, 2222 West 2300 South, Salt Lake City, Utah, 84119
 
ZIP Code
84119
 
Solicitation Number
AG-84N8-S-09-0015
 
Response Due
2/16/2009 4:30:00 PM
 
Archive Date
3/31/2009
 
Point of Contact
Elouise Fowler,, Phone: 435-865-3763
 
E-Mail Address
efowler@fs.fed.us
 
Small Business Set-Aside
Total Small Business
 
Description
COVER SHEET **ATTENTION ALL BIDDERS** In order to be awarded a Federal Government Contract, you must register annually in Central Contractor Registration. See http://www.ccr.gov/handbook.cfm for a template of information necessary for registration. (Please notify us if there are any changes ie: banking information, address changes, etc) As of January 1, 2005 every contractor is required to complete the annual Representations and Certifications electronically. See http://orca.bpn.gov for a template of information necessary to comply with this mandate. RFQ AG-84N8-S-09-0015 VEHICLE LEASE FOR THE UTAH FOREST SERVICES (Ashley NF, Dixie NF, Fishlake NF, Manti-Lasal NF, Uinta NF, Wasatch-Cache NF) IN UTAH RETURN SF-1449 (pg 1-2), Schedule of Items (pg 3-4), Experience Information (pg 5), and pages 19-23 to the address in block 9. Please reference RFQ number on the envelope. Or Fax to 435-865-3791. SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBERPAGE 1 OF 27 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 2. CONTRACT NO.3. AWARD/EFFECTIVE 4. ORDER NUMBER5. SOLICITATION NUMBER6. SOLICITATION ISSUE DATE AG-84N8-S-09-0015 DATE 01/21/2009 a. NAMEb. TELEPHONE NUMBER(No collect8. OFFER DUE DATE/ 7. FOR SOLICITATION Elouise Fowler, PA calls) 435-865-3763LOCAL TIME: 14:30 Pm MST INFORMATION CALL: 02/16/09 9. ISSUED BY CODE 10. THIS ACQUISITON IS USDA - FOREST SERVICE R4 Utah Acquisition Service Center 2222 WEST 2300 SOUTH SALT LAKE CITY, UT 84119 0 UNRESTRICTED OR 1 SET ASIDE: 100 % FOR 1 SMALL BUSINESS 0 EMERGING SMALL BUSINESS 0 HUBZONE SMALL NAICS: 532120 BUSINESS 0 SERVICE-DISABLED VETERAN- 0 8(A) SIZE STANDARD: $23.5 M OWNED SMALL BUSINESS 11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED 1 SEE SCHEDULE 12. DISCOUNT TERMS0 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)13b. RATING 14. METHOD OF SOLICITATION 1 RFQ 0 IFB 0 RFP 15. DELIVER TO CODE See Schedule16. ADMINISTERED BY CODE Same as Block 9 17a. CONTRACTOR/ CODE FACILITY OFFEROR CODE 18a. PAYMENT WILL BE MADE BY CODE Same as Block 9 TELEPHONE N0. 0 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW OFFER IS CHECKED 0 SEE ADDENDUM 19.20.21.22.23.24. ITEM N0.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT Vehicle Leasing See Schedule of Items Page 3 Submit Small Package pages 1-5 and 17-23 to address in Block 9 or fax to (435) 865-3791 Use Reverse and/or Attach Additional Sheets as Necessary) 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) 1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA1 ARE 0 ARE NOT ATTACHED 0 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA0 ARE 0 ARE NOT ATTACHED 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 0 29. AWARD OF CONTRACT: REF. OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED.. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________ 30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (Type or print)30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED AUTHORIZED FOR LOCAL REPRODUCTIONSTANDARD FORM 1449 (REV.3/2005) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR (48 CFR) 53.212 19. ITEM NO.20. SCHEDULE OF SUPPLIES/SERVICES21. QUANTITY22. UNIT23. UNIT PRICE 24. AMOUNT 32a. QUANTITY IN COLUMN 21 HAS BEEN 0 RECEIVED0 INSPECTED 0 ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________ 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE32c. DATE32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER34. VOUCHER NUMBER35. AMOUNT VERIFIED CORRECT FOR36. PAYMENT37. CHECK NUMBER |PARTIAL | |FINAL 0 COMPLETE 0 PARTIAL 0 FINAL 38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER41c. DATE 42b. RECEIVED AT (Location) 42c. DATE RECD (YY/MM/DD)42d. TOTAL CONTAINERS STANDARD FORM 1449 (REV.3/2005) BACK SCHEDULE OF ITEMS Bid ItemEst. Qty.UnitUnit PriceTotal 01. Vehicle: Pickup Size: ½ -Ton, 4x4 Features: Extended Cab, Canopy, No diesel, 6 ft. bed Estimated Rental Period: 05/15/09 – 10/31/09 Delivery Location: 3MO$______$______ 02. Vehicle: Pickup Size: ½ -Ton, 4x4 Features: Extended Cab, Canopy, No diesel, 6 ft. bed Estimated Rental Period: 05/15/09 – 10/31/09 Delivery Location: 4MO$______$______ 03. Vehicle: Pickup Size: ½ -Ton, 4x4 Features: Extended Cab, Canopy, No diesel, 6 ft bed. Estimated Rental Period: 05/15/09 – 10/31/09 Delivery Location: 5MO$______$_______ 04. Vehicle: Pickup Size: ½ -Ton, 4x4 Features: Extended Cab, Canopy, No diesel, 6 ft bed. Estimated Rental Period: 05/15/09 – 10/31/09 Delivery Location: 6MO$______$______ 05. Vehicle: Pickup Size: ¾ -Ton, 4x4 Features: Extended Cab, Canopy, No diesel, 6-ft. bed. Estimated Rental Period: Delivery Location: 3MO$______$______ 06. Vehicle: Pickup Size: ¾ -Ton, 4x4 Features: Extended Cab, Canopy, No diesel, 6-ft. bed. Estimated Rental Period: Delivery Location: 4MO$______$______ 07. Vehicle: Pickup Size: ¾ -Ton, 4x4 Features: Extended Cab, Canopy, No diesel, 6-ft. bed. EstimatedRental Period: Delivery Location: 5MO$______$_______ 08. Vehicle: Pickup Size: ¾ -Ton, 4x4 Features: Extended Cab, Canopy, No diesel, 6-ft. bed. Rental Period: Delivery Location: 6MO$______$_______ SCHEDULE OF ITEMS-Continued Bid ItemEst. Qty.UnitUnit PriceTotal 09. Vehicle: Pickup Size: 1-Ton, 4x4 Features: Extended Cab, Canopy, No diesel, 6 ft. bed Estimated Rental Period: 05/15/09 – 10/31/09 Delivery Location: 3MO$______$______ 10. Vehicle: Pickup Size: 1-Ton, 4x4 Features: Extended Cab, Canopy, No diesel, 6 ft. bed Estimated Rental Period: 05/15/09 – 10/31/09 Delivery Location: 4MO$______$______ 11. Vehicle: Pickup Size: 1-Ton, 4x4 Features: Extended Cab, Canopy, No diesel, 6 ft. bed Estimated Rental Period: 05/15/09 – 10/31/09 Delivery Location: 5MO$______$______ 12. Vehicle: Pickup Size: 1-Ton, 4x4 Features: Extended Cab, Canopy, No diesel, 6 ft. bed Estimated Rental Period: 05/15/09 – 10/31/09 Delivery Location: 6MO$______$______ 13. Vehicle: Crew Cab (6 pack) Size: 4x4 Features: Rental Period: Delivery Location: 3MO$______$______ 14. Vehicle: Crew Cab (6 pack) Size: 4x4 Features: Rental Period: Delivery Location: 4MO$______$______ 15. Vehicle: Crew Cab (6 pack) Size: 4x4 Features: Rental Period: Delivery Location: 5MO$______$_______ 16. Vehicle: Crew Cab (6 pack) Size: 4x4 Features: Rental Period: Delivery Location: 6MO$______$______ The Government’s intent is to make multiple awards with multiple years and issue blanket purchase agreements (BPAs) resulting from this solicitation. FAR 13.303. This is not a fixed price solicitation. EXPERIENCE INFORMATION Offeror’s shall furnish the following information as it pertains to this Request for Quotation, or use your own form and submit with your quote. A.Furnish the following experience information: 1.How many years experience as a prime Contractor do you have?__________ 2.List your current contract experience over the past 3 years in similar projects. Contract AmountDate CompletedReferences: name, address, phone no. & person to contact for project info. Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/ CONTRACT CLAUSES FAR 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders—Commercial Items (AUG 2007) (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: ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 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 (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (4) [Reserved] X (5) (i) 52.219-6, Notice of Total Small Business 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 (Sep 2007)(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 (Sep 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 (Oct 1999)(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). X (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)). X (16) 52.222-3, Convict Labor (June 2003)(E.O. 11755). X (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2007) (E.O. 13126). X (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (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 (Sep 2006)(38 U.S.C. 4212). X (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 (Sep 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 (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 Products (Aug 2000)(42 U.S.C. 6962©(3)(A)(ii)). ___ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)©). X (26) 52.225-1, Buy American Act—Supplies (June 2003)(41 U.S.C. 10a-10d). ___ (27) (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, and 109-169). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (28) 52.225-5, Trade Agreements (Aug 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (29) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (30) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Aug 2006) (42 U.S.C. 5150). ___ (31) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2006) (42 U.S.C. 5150). ___ (32) 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)). X (33) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (34) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332). ___ (35) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332). ___ (36) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332). ___ (37) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). ___ (38) (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. © The Contractor shall comply with the FAR clauses in this paragraph ©, 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: ___ (1) 52.222-41, Service Contract Act of 1965, as Amended (Jul 2005)(41 U.S.C. 351, et seq.). ___ (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) 52.237-11, 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 (Sep 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, as Amended (Jul 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (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) 52.247-64, 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. 52.214-22, Evaluation of Bids for Multiple Awards (Mar 1990) 13.303, Blanket Purchase Agreements CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS ALLOWED SUBSTITUTIONS - Specifications shall be strictly enforced and only the following substitution will be accepted: Example: Where an accessory such as AM/FM radio is specified, a superior item may be substituted (i.e., an AM/FM/CD may be substituted for an AM/FM radio, but not vice versa). I.GENERAL SPECIFICATIONS A. Scope of Contract This contract is for vehicle rental, unoperated, in compliance with contract specifications, terms, and provisions stated herein. The vehicles will be under control of the Government for the duration of the contract, except for periods during which the vehicles may be released to the Contractor for necessary repairs. It is anticipated that there will be wear on paint and outer surfaces of vehicles. There may also be chips from flying rocks and scratches from brush along roadways. This will be considered “normal wear and tear” and NO CLAIMS for damage will be submitted for these occurrences. B. Location and Description Description - The vehicles will be used to transport personnel, tools, equipment, materials, etc. They will be operated on roads ranging from paved highways to narrow unimproved roads. These vehicles will be used extensively on gravel, dirt, and undeveloped roads having substantial amounts of rock, brush, and other debris. Location – See Schedule of Items II.TECHNICAL SPECIFICATIONS A. Vehicle Specifications All vehicles must comply with applicable State laws. All vehicles offered shall be no older than 3 model years including the current model year. Each vehicle shall have no more than 30,000 miles at the time of delivery. The Contractor shall furnish vehicles as specified in the Schedule. B. Each vehicle shall meet the following minimum general requirements: 1. Tools. Appropriate lug wrench and jack with handle. 2. Seatbelt for each passenger measured by manufacturer’s standard line seating capacity. 3. Two electric windshield wipers and windshield washers. 4. Two low profile exterior and one interior rear view mirrors. 5. Preuse service and inspection (new vehicles), and complete service (other vehicles) prior to delivery to the point of hire. 6. Proper and complete warranty and service documents shall accompany vehicles which are under warranty. 7. Hub caps shall not be furnished. 8. Two complete key sets. 9. Tires. All tires shall be of the manufacturer’s specified rated load capacity for each vehicle. All tires shall have at least 90 percent useful tread life remaining at the time of delivery. All tires, including spare, on 4x4 vehicles, shall have traction tread. P-series tires on 4X4’s are not acceptable. On 4X4’s, tires must be LT’s. 10. Spare tire, with wheel attached to vehicle, with factory mounted bracket. 11. Cooling systems shall be protected with anti-freeze to a minimum temperature of 0 degrees Fahrenheit. 12. Vehicles shall consist of domestic models. 13. Automatic transmission. 14. Gasoline Engines Only. 15. Full tanks (including auxiliary) will be supplied at point of hire. The Government will supply full tanks (including auxiliary) at point of release. 16. AM/FM/CD radio. 17.Air conditioning. III.OPERATING SUPPLIES, MAINTENANCE AND REPAIRS A. The Government shall furnish operating supplies and routine maintenance necessary to operate each vehicle for the purpose for which rented. Tires, tubes and batteries requiring replacement, through normal use of the vehicle, shall be furnished by the Contractor at no cost to the Government. If a vehicle is unavailable for use due to necessary replacement of those items, rent will not accrue for that day(s). B. All repairs, excluding damages covered under FAR 52.228-8, shall be the responsibility of the Contractor. Should the need for repairs develop, the Government will notify the Contractor and the Contractor shall: 1) have the vehicle repaired at his expense, 2) authorize the Government to make the repairs locally, the cost of which will be deducted from the Contractor’s payment, or 3) provide a replacement vehicle. Such repair or replacement shall be accomplished within three (3) calendar days following notification. Beginning with the calendar day following notification, the Government will make no payment until the vehicle is returned to service. C. The Government may make necessary emergency repairs of less than $100.00 and deduct the cost from the Contractor’s payment. If repairs are covered by a new car warranty, the Government will, if reasonably possible, have work done at a facility authorized to do warranty work. D. Towing charges are the responsibility of the Contractor unless cause of towing is due to negligent acts of the Government employees or agents. E. If the vehicle is damaged during the rental period, a Forest Service representative shall submit a statement of how the damage occurred, along with photos, and if possible obtain an estimate for necessary repairs. Submit this documentation to the Contracting Officer (CO) in order to have a comparison of Contractor’s claim. Contractor is responsible for submitting at least two itemized, signed estimates by a reliable, disinterested party, along with his own itemized, signed statement. If payment has been made, the itemized signed receipt(s) will be evidence of payment. If acceptable, the Government will pay the least of the three estimates. IV.REPLACEMENT EQUIPMENT The replacement or substitution of equipment under this contract requires approval of the Contracting Officer (CO) in advance: A. When replacement or substitute equipment is required, the Contractor will deliver said equipment to the Point of Hire. B. Written notification must be received by the Contracting Officer one week in advance before rental equipment can be exchanged. 1. Inspection The Contractor shall, jointly with the Government inspector, inspect the vehicle(s) at the time of delivery at the point of hire and again when released. Pre-use and release inspections must be documented and signed by the Government inspector and the Contractor. It is especially important that any damage for which compensation may later be claimed be thoroughly described on the release inspection and supported by photographic or other evidence (such as accident reports or witness statements). Unless mutually agreed to, additions or modifications to the release inspections will not be allowed after the Government and Contractor representatives have signed the inspection form. 2. Acceptance for Use Any vehicle which is determined to be in poor condition or improperly equipped will be rejected. No rental will accrue on rejected vehicles. The Contractor shall either correct the deficiencies or provide a vehicle that meets specifications within four (4) calendar days after notification by the Contracting Officer of specific deficiencies. 3. Operation of Vehicles Government license plates will be installed on each vehicle. The operation of the vehicle, throughout the contract period, will be subject to the same rules and regulations as are applicable to the operation of like Government-owned vehicles. V.DELIVERY OF VEHICLES (POINT OF HIRE AND RELEASE) Delivery point will be negotiated on a task by task basis with the Contracting Officer. The Contractor will call the delivery location 5 working days prior to delivery to insure a government official is there to inspect the vehicle. Vehicles are to be delivered between the hours of 8:00 am - 3:00 pm. NOTE THE BID ITEM NUMBER FROM SCHEDULE OF ITEMS ON SHEET OF PAPER AS IDENTIFICATION IN EACH VEHICLE. Provided the Contractor is not notified at least 10 days prior to the release date given, the Contractor can expect that the vehicle will be ready for pick up the next working day following the end of the rental period. Pick up of vehicles will be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday, excluding Government holidays. See Schedule of items for release locations. Contractor is required to pickup vehicles within two weeks of being notified or the ending date as listed in the Schedule of Items. The Government is not responsible for the security of vehicle(s) not picked up within two weeks. VI. ALTERED QUANTITIES It is mutually agreed that it is inherent in the nature of vehicle rental that some changes in the number of days as provided in the Schedule of Items may be necessary during the course of the contract and that it is the essence of the contract to recognize a normal and expected margin of change within the meaning of the “Changes” Clause 52.243-1 as not requiring or permitting any adjustment of contract prices, except: (1) when the number of months of any item of the contract is increased to more than 125 percent of the quantity stated in the Schedule of Items, then either party to the contract, upon demand, may be entitled to an equitable adjustment on that portion above 25 percent of the quantity stated in the Schedule of Items; or (2) when the number of months of any item of the contract is reduced to less than 75 percent of the quantity stated in the Schedule of Items, then either party to the contract, upon demand, may be entitled to an equitable adjustment for the quantity of months actually utilized. VII.MEASUREMENT AND PAYMENT Payment will be made for use of each vehicle on a monthly basis. Any use of vehicles outside of the standard month will be paid for at 1/30th of the monthly rate for each day of use. Monthly payments will be processed within 30 days following receipt of a correct statement. Invoices shall be sent to the office to which the vehicles were delivered to. See Section V for addresses and contacts. MAKE SURE TO PUT THE BID ITEM NUMBER FOR EACH VEHICLE ON THE INVOICE FROM THE SCHEDULE OF ITEMS TO EASILY MATCH WHICH VEHICLE IS BEING INVOICED. VIII.PERMITS AND RESPONSIBILITIES (FAR 52.236-7) (NOV 1991) The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. IX.LOSS, DAMAGE OR DESTRUCTION The Government will assume liability for the loss, damage or destruction of equipment furnished under this contract, provided that no reimbursement will be made for loss, damage or destruction when due to (1) ordinary wear or tear (including, but not limited to, minor rips or tears in the upholstery, brush scratches (defined as scratches that do not go through all paint coats down to the metal), wear of paint and minor dents from loading, unloading and shifting of cargo on tail gates, top rails, and inner and outer portions of the box if so equipped, and chips to paint and windshields from flying gravel and rocks from roadway and cracks or chips to windshields which are smaller than a quarter ($.25 coin)), (2) mechanical failure, or (3) the fault or negligence of the Contractor or his agents, or (4) design defects which allow or cause damage during normal operations. Parts that are replaced and paid for by the Government shall become the property of the Government and shall not be disposed of without approval of the Contracting Officer. Some of the parts in question, but not limited to, are box liners and rear bumpers. IX.VEHICLE LEASE PAYMENTS (FAR 52.208-4) (APR 1984) (a) Upon the submission of proper invoices or vouchers, the Government shall pay rent for each vehicle at the rate(s) specified in this contract. (b) Rent shall accrue from the beginning of this contract, or from the date each vehicle is delivered to the Government, whichever is later, and shall continue until the expiration of the contract term or the termination of this contract. However, rent shall accrue only for the period that each vehicle is in the possession of the Government. © Rent shall not accrue for any vehicle that the Contracting Officer determines does not comply with the Condition of Leased Vehicles clause of this contract or otherwise does not comply with the requirements of this contract, until the vehicle is replaced or the defects are corrected. (d) Rent shall not accrue for any vehicle during any period when the vehicle is unavailable or unusable as a result of the Contractor’s failure to render services for the operation and maintenance of the vehicle as prescribed by this contract. (e) Rent stated in monthly terms shall be prorated on the basis of 1/30th of the monthly rate for each day the vehicle is in the Government’s possession. If this contract contains a mileage provision, the Government shall pay rent as provided in the Schedule. Remember: Identify each vehicle you are awarded with the Bid Item Number (located on Schedule of Items). XI.CONDITION OF LEASED VEHICLES (52.208-5) (APR 1984) Each vehicle furnished under this contract shall be of good quality and in safe operating condition, and shall comply with the Federal Motor Vehicle Safety Standards (49 CFR 571) and State safety regulations applicable to the vehicle. The Government shall accept or reject the vehicles promptly after receipt. If the Contracting Officer determines that any vehicle furnished is not in compliance with this contract, the Contracting Officer shall promptly inform the Contractor in writing. If the Contractor fails to replace the vehicle or correct the defects as required by the Contracting Officer, the Government may (a) by contract or otherwise, correct the defect or arrange for the lease of a similar vehicle and shall charge or set off against the Contractor any excess costs occasioned thereby, or (b) terminate the contract under the Default Clause of this contract. XII.MARKING OF LEASED VEHICLES (FAR 52.208-6) (APR 1984) (a) The Government may place nonpermanent markings or decals, identifying the using agency on each side and on the front and rear bumpers of any motor vehicle leased under this contract. The Government shall use markings or decals that are removable without damage to the vehicle. (b) The Contractor may use placards for temporary identification of vehicles except that the placards may not contain any references to the Contractor that may be construed as advertising or endorsement by the Government of the Contractor. XIII.TAGGING OF LEASED VEHICLES (FAR 52.208-7) (MAY 1986) While it is the intent that vehicles leased under this contract will operate on Federal tags, the Government reserves the right to utilize State tags if necessary to accomplish its mission. Should State tags be required, the Contractor shall furnish the Government documentation necessary to allow acquisition of such tags. Federal tags are the responsibility of the Government. XIV.LIABILITY AND INSURANCE—LEASED MOTOR VEHICLES (FAR 52.228-8) (MAY 1999) (a) The Government shall be responsible for loss of or damage to— (1) Leased vehicles, except for (i) normal wear and tear and (ii) loss or damage caused by the negligence of the Contractor, its agents, or employees; and (2) Property of third persons, or the injury or death of third persons, if the Government is liable for such loss, damage, injury, or death under the Federal Tort Claims Act (28 U.S.C. 2671-2680). (b) The Contractor shall be liable for, and shall indemnify and hold the Government harmless against, all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or employees. © The Contractor shall provide and maintain insurance covering its liabilities under paragraph (b) of this clause, in amounts of at least $200,000 per person and $500,000 per occurrence for death or bodily injury and $20,000 per occurrence for property damage or loss. (d) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the Government shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe or (2) until 30 days after written notice to the Contracting Officer, whichever period is longer. The policies shall exclude any claim by the insurer for subrogation against the Government by reason of any payment under the policies. (e) The contract price shall not include any costs for insurance or contingency to cover losses, damage, injury, or death for which the Government is responsible under paragraph (a) of this clause. (End of clause) SOLICITATION PROVISIONS FAR 52.212-2 Evaluation – Commercial Items (JAN 1999) (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: Price_______________________________________ Delivery Time ____________________________ Past Performance in similar projects ______________ Delivery Time and past performance when combined, are approximately equal importance to price (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). © A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 Offeror Representations and Certifications—Commercial Items (Sep 2007) An offeror shall complete only paragraph (k) of this provision if the offeror has completed the annual representations and certificates 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 (b) through (j) 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. “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 the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. “Women-owned small business concern” means a small business concern— (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) 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 (b)(3) through (b)(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©(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 ______________________________________ © Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it  is,  is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph ©(1) of this provision.] The offeror represents as part of its offer that it  is,  is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph ©(2) of this provision.] The offeror represents as part of its offer that it  is,  is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph ©(1) of this provision.] The offeror represents, for general statistical purposes, that it  is,  is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph ©(1) of this provision.] The offeror represents that it  is,  is not a women-owned small business concern. Note: Complete paragraphs ©(6) and ©(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 ©(1) of this provision.]. The offeror represents that it  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  is,  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 ©(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 ©(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,  not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph ©(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) or 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 Debarment, Suspension or Ineligibility for Award (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; and (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, or receiving stolen property; and (3)  Are,  are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses. (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 Product 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 is 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 UnitedStates (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) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (k)(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 representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (b) through (j) 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.]
 
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