1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
ATTACHMENT “A” SUPPLIER CERTIFICATIONS
AMG RFQ #:_________________________ SUPPLIER NAME: ___________________________________ AMG PART#:_______________ 9 DIGIT ZIP CODE (Manufacturing Location):______________________ If manufactured outside of U.S., indicate % of non-U.S. manufacture and country: _____ %
Country:________________
QUALITY SYSTEM REGISTRATION:____________________________DATED:______________________ (Provide copy of registration certificate (e.g. ISO9001:2008, ISO/TS 16949, etc.))
SAM.GOV REGISTRATION: YES: _______ EXPIRATION DATE: _______________ NO: __________ Completed attachments must be submitted (required as indicated) with Supplier’s response to RFQ.
** Note: AMG encourages all suppliers to register and complete representations and certifications online at https://www.sam.gov on an annual basis. After reviewing the SAM database information, the supplier verifies by submission of the offer that the representations and
certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [supplier to insert changes, identifying change by clause number, title, date]. 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. Online certification alleviates the necessity of completing portions of the attached FAR 52.204-8/DFARS 252.204-7007
(Non-Commercial Items) and FAR 52.212-3 ((Non-Commercial Items). Should a supplier opt not to register and complete representations and certifications online, copies of fully completed FAR 52.204-8/DFARS 252.204-7007 (for Non-Commercial items) or FAR 52-212-3 (for Commercial items) must be submitted with each quote.
Applicable for Commercial Items? Applicable for Non-Commercial Items? Comments
Offeror’s Assertion Of Commerciality
(page 2) Yes Yes Complete and Sign
Specialty Metals Survey (DFARS 252.225-7008; -7009)
(page 4) Yes Yes Complete and Sign
Executive Compensation Reporting (as required per FAR 52.204-10)
(page 5) Yes Yes
Complete if anticipated award is greater than $25,000 (and meet stated criteria). FAR 52.209-6, 52.203-11, 52.222-22,
52.222-25, DDTC and DFARS 252.225-7000 Certifications
(Pages 6-9)
Yes Yes Complete and Sign
Diminishing Manufacturing Sources and Material Shortages (DMSMS)
Data Forms (pages 10-13)
Yes Yes
Complete form specific to Mechanical Parts, Electronic Parts, COTS Software or
Custom Software FAR 52.230-1
Cost Accounting Standards Notices and Certification (MAY 2012)
(pages 14-16)
No Yes
Required for Other Than Small Businesses when award is anticipated to
be greater than $700,000. FAR 52.212-3 Offeror Representations
and Certifications -- Commercial Items (Mar 2015)(pages 17-33)
Yes No ** See Note Below
FAR 52.204-8 Annual Representations and Certifications (Dec 2014) (pages 34-38) AND DFARS 252.204-7007, Alternate A,
Annual Representations and Certifications (Jan 2015) (pages 39-41)
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015 OFFEROR’S ASSERTION OF COMMERCIALITY
Offeror Is _______ Is Not _______ asserting commerciality.
Offeror, _____________________ hereby asserts to AM General that the following items meet the definition provided
in FAR 2.101 for a commercial item or service. (If more than one type of exception is included for multiple items or
services, please indicate which item or service corresponds to each type of exception claimed):
Identify item(s), including part number and description: _______________________________________
____________________________________________________________________________________
Offeror asserts that the above items/services (please check any that apply):
A. _____ Are items that are not real property, are of a type customarily used by the general public, or by non‐
governmental entities for purposes other than governmental purposes, and (i) has been sold, leased or
licensed to the general public; of (ii) has been offered for sale, lease or license to the general public.
OR
B. _____ Are items that have evolved through advances in technology or performance, from an item which fits the
definition in paragraph A, are not yet available in the commercial marketplace, but will be available in the
commercial marketplace in time to satisfy the delivery requirements of this purchase order;
Identify original item, advances in technology and when item will be available within commercial marketplace.
__________________________________________________________________________________________ __________________________________________________________________________________________
________________________________________________
OR
C. _____ Are items that would satisfy a criterion expressed in paragraphs (A) or (B) above but for (check 1 or 2):
(1) _____ Modifications of a type customarily available in the commercial marketplace;
Identify modification and where available within commercial marketplace:
__________________________________________________________________________________________ __________________________________________________________________________________________
_______________________________________________or
(2) _____ Minor modifications of a type not customarily available in the commercial marketplace made to
meet Federal Government requirements. Minor modifications means modifications that do not significantly
alter the nongovernmental function or essential physical characteristics of an item or component, or change
the purpose of a process. Factors to be considered in determining whether a modification is minor include the
value and size of the modification and the comparative value and size of the final product. Dollar values and
percentages may be used as guideposts, but are not conclusive evidence that a modification is minor;
Identify modification(s) and why item still fits definition of “commercial item”:
__________________________________________________________________________________________
______________________________________________________________
3
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
D. _____ Are combinations of items meeting the requirements of this definition that are of a type customarily combined
and sold in combination to the general public.
Explain.____________________________________________________________________________________
_______________________________________________________________
OR
E. _____ Are installation services, maintenance services, repair services, training services, and other services if (i) Such
services are procured for support of an item referred to in paragraph (A), (B), (C), or (D) of this definition,
regardless of whether such services are provided by the same source or at the same time as the item; and (ii)
the source of such services provides similar services contemporaneously to the general public under terms
and conditions similar to those offered to the Federal Government;
Explain.____________________________________________________________________________________
______________________________________________________________
OR
F. _____ Are services of a type offered and sold competitively in substantial quantities in the commercial marketplace
based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved
and under standard commercial terms and conditions. For purposes of these services (i) “Catalog price” means
a price included in a catalog, price list, schedule, or other form that is regularly maintained by the
manufacturer or vendor, is either published or otherwise available for inspection by customers, and states
prices at which sales are currently, or were last, made to a significant number of buyers constituting the
general public; and (ii) “Market prices” means current prices that are established in the course of ordinary
trade between buyers and sellers free to bargain and that can be substantiated through competition or from
sources independent of the offerors.
Explain.____________________________________________________________________________________
______________________________________________________________
Offeror further agrees that Offeror has on file, and will make available to AM General or the Government, upon request,
documentary support for the assertions set forth above that is adequate to support those assertions to the satisfaction
of AM General and the Government, and evidence of prices at which the same or similar items or services have been
sold to the commercial market. Offeror grants AM General or the Government the right to examine, at any time before
award, books, records, documents or other directly pertinent records to verify any request for an exception under the
FAR’s commercial item/services provision, and the reasonableness of price. Access does not extend to cost or profit
information or other data relevant solely to the offeror’s determination of the prices to be offered in the catalog or
marketplace. This information will be provided in a format that is mutually acceptable to Offeror and AM General.
Signature ____________________________ Date _____________________________
Printed Name _________________________ Title ______________________________
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015 SPECIALTY METALS RESTRICTIONS
DFARS 252.225‐7008 (MAR 2013) and DFARS 252.225‐7009 (JUN 2013) set forth requirements pertaining to the
acquisition of specialty metals, and items containing specialty metals. Specifically, any specialty metals purchased or
incorporated into items delivered under this contract must be melted or produced in the United States, its outlying
areas, or a qualifying country (defined in DFARS 225.003). The definition of specialty metals and additional information
(including any exceptions) are indicated within DFARS 252.225‐7008 and DFARS 252.225‐7009.
In order to ensure AM General satisfies its prime contract requirements regarding specialty metals, suppliers are
required to complete and submit the following survey, prior to any subcontract/purchase order award.
Specialty Metals Survey Part No. ________________________________________
Questions No Yes
1. Does the manufactured part (indicated above) contain "specialty metals"?
a. if no, your survey is completed (sign, date and return)
b. if yes, answer question #2
2. Is the "specialty metal" melted or produced in the United States?
a. If yes, your survey is completed (sign, date and return)
b. if no, answer question #3
3. Does the manufactured article qualify for an exception identified within DFARS 252.225‐
7009?
a. If yes, please detail below. Your survey is completed (sign, date and return)
b. if no, answer question #4
4. Indicate whether a domestic source is known to be available.
Signature________________________________________________________
Printed Name and Title _______________________________________________
Company Name____________________________________________________
Date___________________________________________________________
Contact email______________________________________________________
5
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
REPORTING OF EXECUTIVE COMPENSATION (IN ACCORDANCE WITH FAR 52.204‐10)
FAR 52.204‐10 requires prime contractors to obtain and report executive compensation information from
subcontractors. Specifically, the name and total compensation for a subcontractor’s five most highly compensated
executives must be reported within one month of subcontract award, and annually thereafter. This requirement
pertains to subcontracts valued at $25,000 or more if…
(i) In the subcontractor’s preceding fiscal year, the subcontractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans,
grants (and subgrants) and cooperative agreements; and
(ii) The public does not have access to information about the compensation of the executives through periodic
reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or
section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the
compensation information, see the U.S. Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
In order for AM General to comply with FAR 52.204‐10, the following must be completed and submitted upon subcontract award, and annually thereafter.
The subcontractor is indicating an exemption. ____________ (Check and identify relevant paragraph (i) or (ii) above.) If
no exemption is indicated, complete the following table. Executive Name Total Compensation (for the subcontractor’s preceding fiscal year). “Total Compensation” is calculated as indicated within FAR 52.204‐10. 1. 2. 3. 4. 5. Prepared by: Name ____________________________ Date _____________________________
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015 REPRESENTATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT OR DECLARED INELIGIBLE STATUS
(Reference FAR 52.209‐6)
1. The Offeror represents that the Offeror and/or any of its Principals are not presently debarred, suspended, proposed
for debarment by the Federal Government or declared ineligible for award of Government contracts or subcontracts;
2. The Offeror shall provide immediate written notice to the Buyer if the Offeror learns that its certification was
erroneous when submitted or if the Offeror and/or any of its Principals hereafter becomes debarred, suspended,
proposed for debarment by the Federal Government or declared ineligible for award of Government contracts or
subcontracts. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (Reference FAR 52. 203‐11)
(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms
“agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable
compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on
Payments to Influence Certain Federal Transactions” (52.203‐12).
(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on
Payments to Influence Certain Federal Transactions” (52.203‐12) are hereby incorporated by reference in this provision.
(c) Certification. The Offeror, by signing its offer, hereby 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 its behalf in connection with the awarding of this contract.
(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of
the Offeror with respect to this contract, the Offeror shall complete and submit, with its offer, OMB Standard Form LLL,
Disclosure of Lobbying Activities, to provide the name of the registrants. The Offeror need not report regularly employed
officers or employees of the Offeror to whom payments of reasonable compensation were made.
(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract
imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or
amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than
$10,000, and not more than $100,000, for each such failure.
(f) Should the Offeror’s circumstances change during the life of any resulting subcontract with respect to the above, the
Offeror will notify Buyer immediately.
7
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (Reference FAR 52.222‐22)
The Offeror represents that it –
1. has participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation,
the clause originally contained in Section 310 of Executive Order 10925 or the clause contained in Section 201 of
Executive Order 11114 and has filed all required compliance reports; or
2. has participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation,
the clause originally contained in Section 310 of Executive Order 10925 or the clause contained in Section 201 of
Executive Order 11114 but has not filed all required compliance reports; or
3. has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this
solicitation, the clause originally contained in Section 310 of Executive order 10925 or the clause contained in Section
201 of Executive Order 11114 and therefore no compliance reports have been required.
AFFIRMATIVE ACTION COMPLIANCE (Reference FAR 52.222‐25)
1. The Offeror represents that it:
a. has developed will maintain and has on file, or
b. has not developed and does not have on file, at each establishment, a written affirmative action
program required by the rules and regulations of the Secretary of Labor FR 60‐1, 60‐2 or 60‐4).
c. has not previously had contracts subject to the written affirmative action program requirement of the
rules and regulations of the Secretary of Labor.
2. If 1.b is marked, then the Offeror represents that it will develop, maintain, update annually and have on file, at each
establishment, a written affirmative action compliance program within 120 days from the commencement of any
contract in excess of $50,000 it receives from the Buyer.
PROVISIONS I THROUGH J OF THESE REPRESENTATIONS AND CERTIFICATIONS ARE NOT APPLICABLE WITH RESPECT TO
WORK PERFORMED OUTSIDE OF THE UNITED STATES AND ITS OUTLYING AREAS.
CERTIFICATION OF REGISTRATION WITH THE DIRECTORATE OF DEFENSE TRADE CONTROLS (DDTC)
The Offeror certifies that it:
is, or is not required to be registered to manufacture or export defense articles, or furnish defense
services as required by the International Traffic in Arms Regulations (22 C.F.R. Part 122). If required to be registered, the
Offeror certifies that it is currently registered with DDTC.
CERTIFICATION (SIGNATURE) IS REQUIRED BY AN AUTHORIZED OFFICIAL VERIFYING THE INFORMATION CONTAINED IN
THIS PACKAGE IS TRUE. (VOID UNLESS SIGNED)
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015 DFARS 252.225‐7000 BUY AMERICAN—BALANCE OF PAYMENTS PROGRAM CERTIFICATE (JAN 2014)
(a) Definitions. “Commercially available off‐the‐shelf (COTS) item,” “component,” “domestic end product,” “foreign end
product,” “qualifying country,” “qualifying country end product,” and “United States” have the meanings given in the
Buy American and Balance of Payments Program clause of this solicitation.
(b) Evaluation. The Government—
(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal
Acquisition Regulation Supplement; and
(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American
statute or the Balance of Payments Program.
(c) Certifications and identification of country of origin.
(1) For all line items subject to the Buy American and Balance of Payments Program clause of this solicitation,
the offeror certifies that—
(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end
product; and
(ii) For end products other than COTS items, components of unknown origin are considered to have
been mined, produced, or manufactured outside the United States or a qualifying country.
(2) The offeror certifies that the following end products are qualifying country end products:
Line Item Number Country of Origin
(3) The following end products are other foreign end products, including end products manufactured in the
United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does
not meet the component test in paragraph (ii) of the definition of “domestic end product”:
Line Item Number Country of Origin (If known)
9
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015 OFFEROR’S EXECUTION Offeror’s signature below applies to all provisions (pages 5 – 8) above. Company: ____________________________ Date: ____________________________ Address: ____________________________ ____________________________
(Offeror’s location where performance will occur)
Name: ____________________________ Phone: ____________________________
Email: ____________________________ Fax: ____________________________
Title: ____________________________
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
DMSMS DATA FORM – Mechanical Parts
Part Number: Part Description:
Vendor Name: Name of Preparer:
Vendor Address: Date of Survey:
Vendor Representative: Vendor Cage Code:
Vendor Phone Number: Data Provided by:
Vendor DMSMS Plan Available? Yes / No
1. Is the part an active product? Yes / No
2. Is this part provided to any other customer? How many?
3. Are there different versions of this part being supplied to other customers? How many?
4. Do you manufacture this part or are you a distributor? Manufacturer Distributor
As a manufacturer or a distributor, please answer the following questions.
If you are a distributor, the following questions should be answered based on the OEM.
5. Is the part slated for obsolescence for any reason? Yes / No
Reason?
6. What is the anticipated period of part production (start to finish)? Start Year Finish Year
7. What is the anticipated period of part warranty/service? Warranty Service
8. Are upgrades/newer versions of the part anticipated to be developed/provided? Yes / No
Description of Upgrade:
9. If so, what is the anticipated time period(s) of introduction? Date: 10. Are you anticipating ceasing production of the original part once
an update/new version is issued? Yes / No
11. Are any aspects of the part proved to you as a sole source or from an out-of-US supplier? List.
12. Are any of the aspects of the part covered by existing DMSMS or obsolescence notices? Provide description.
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015 DMSMS DATA FORM – Electronic Parts
Part Number: Part Description:
Vendor Name: Name of Preparer:
Vendor Address: Date of Survey:
Vendor Representative: Vendor Cage Code:
Vendor Phone Number: Data Provided by:
Vendor DMSMS Plan Available? Yes / No
1. Is the part an active product? Yes / No
2. Is this part provided to any other customer? How many?
3. Are there different versions of this part being supplied to other customers? How many?
4. Do you manufacture this part or are you a distributor? Manufacturer Distributor
As a manufacturer or a distributor, please answer the following questions.
If you are a distributor, the following questions should be answered based on the OEM.
5. Is the part slated for obsolescence for any reason? Yes / No
Reason?
6. What is the anticipated period of part production (start to finish)? Start Year Finish Year
7. What is the anticipated period of part warranty/service? Warranty Service
8. Are upgrades/newer versions of the part anticipated to be developed/provided? Yes / No
Description of Upgrade:
9. If so, what is the anticipated time period(s) of introduction? Date:
10. Are you anticipating ceasing production of the original part once
an update/new version is issued? Yes / No
11. Are any aspects of the part proved to you as a sole source or from an out-of-US supplier? List.
12. Are any of the aspects of the part covered by existing DMSMS or obsolescence notices? Provide description.
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
DMSMS DATA FORM – COTS Software
Part Number: Part Description:
Vendor Name: Name of Preparer:
Vendor Address: Date of Survey:
Vendor Representative: Vendor Cage Code:
Vendor Phone Number: Data Provided by:
Do you accomplish DMSMS analyses for your product line? Yes / No
Vendor DMSMS Plan available?
Part Questions
1. What is the current version/revision level of the software? 2. What is the basis for changing version/revision levels? 3. When was this product first available for sale?
4. Has this product ever been discontinued?
5. How long will license agreements for this product be obtainable? 6. How long will support for this product be obtainable?
7. Is there any anticipation to develop/allow third-party support after that? 8a. Are any upgrades/revisions currently planned?
8b. What is the time period for any revision/upgrade?
9. Will the planned revision/upgrade be backward compatible?
10. What are the different technical characteristics between the current and the planned revision/upgrade?
11. Will the planned revision/upgrade operate in the current hardware with the current software products (i.e., current operating system?) or are additional hardware/other applications anticipated/required?
13
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
DMSMS DATA FORM – Custom Software
Part Number: Part Description:
Vendor Name: Name of Preparer:
Vendor Address: Date of Survey:
Vendor Representative: Vendor Cage Code:
Vendor Phone Number: Data Provided by:
Do you accomplish DMSMS analyses for your product line? Yes / No
Vendor DMSMS Plan available?
Part Questions
1. What is the current version/revision level of the software product? 2. Do you still have the ability to modify the software product? 3. Is the source code repository maintained?
4. Are the development tools maintained? 5. Are there any third-party components?
6. Are you able to compile those third-party components? 7. What is the planned product end of life?
8. What is the planned product end of support?
9. Will third-party support be available after that? If so, for how long?
10. Is there a planned replacement product?
11. Is the planned replacement product backwards compatible?
12. What development and testing hardware and software infrastructure are needed to maintain the software product?
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015 Cost Accounting Standards Notices and Certification (May 2012)
Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.
Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.
If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.
I. Disclosure Statement -- Cost Accounting Practices and Certification
(a) Any contract in excess of $700,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.
(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.
Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.
(c) Check the appropriate box below:
* (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows:
(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and
(ii) One copy to the cognizant Federal auditor.
(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)
15
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
Date of Disclosure Statement: __________________ Name and Address of Cognizant ACO or Federal Official Where Filed: _________________________ The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.
* (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows:
Date of Disclosure Statement: __________________ Name and Address of Cognizant ACO or Federal Official Where Filed: ________________________ The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.
* (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.
* (4) Certificate of Interim Exemption. The offeror hereby certifies that
(i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and
(ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.
Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost
accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.
II. Cost Accounting Standards -- Eligibility for Modified Contract Coverage
If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause. * The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the
Contracting Officer immediately.
Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.
III. Additional Cost Accounting Standards Applicable to Existing Contracts
The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and
subcontracts. * yes * no
17
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Mar 2015)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site
accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations
and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. “Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or
interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals;
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the
requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended.
19
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the
International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). “Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. “Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
“Subsidiary” means an entity in which more than 50 percent of the entity is owned— (1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“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. “Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(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 SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the
SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database
information, the offeror verifies by submission of this offer that the 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
21
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is 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 (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [_] is,
[_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [_] is,
[_] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:
_________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of
manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
___________________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.
23
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
[The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) 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 $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has
consideredcomponents of unknown origin tohave been mined, produced, or manufactured
outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS)
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”
(2) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(3) The Government will evaluate offersin accordance with the policies and procedures ofFAR
Part 25. (g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the
clause atFAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included
in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii)
or (g)(1)(iii)of this provision, is a domestic end product and that for other than COTS
items, the offeror has consideredcomponents of unknown origin tohave been mined,
produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
25
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
[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—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American—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— Free Trade Agreements—Israeli Trade Act”:
Canadian End Products:
Line Item No.:
___________________________________________ [List as necessary]
(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to 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:
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products:
Line Item No.: Country of Origin:
[List as necessary]
(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade
Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No.: Country of Origin:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
27
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
Other End Products
Line Item No.: Country of Origin:
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are
insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--
(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local
government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
(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 appear rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §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).]
29
1ZF0325 Printed copy uncontrolled. Latest edition on AMG intranet (http://home.amgeneral.com) MARCH 2015
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 United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) [_] Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that—
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;