Bullboard - Stock Discussion Forum Mission Ready Solutions Inc V.MRS.H

Alternate Symbol(s): MSNVF

Mission Ready Solutions Inc. specializes in providing government contracting solutions through its wholly owned subsidiary, Unifire, Inc. (Unifire) Unifire is a small business and an industry manufacturer and distributor fire, military, emergency, and law enforcement products. It has two business segments in the global defense, security, and first-responder markets: consulting and manufacturer... see more

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Mission Ready Solutions Inc > Certification for: Unifire, Inc.

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Post by bogdansz on Dec 07, 2021 1:22am

Certification for: Unifire, Inc.

FAR & DFARS Report

Certification for: Unifire, Inc.

DUNS: 361575277

Certification Validity From:Fri Nov 05 11:18:51 EDT 2021

To :Sat Nov 05 11:18:52 EDT 2022

I have read each of the FAR and DFARS provisions presented on this page. By submitting this certification, I, Alvin

Church, am attesting to the accuracy of the representations and certifications contained herein, including the entire NAICS

table. I understand that I may be subject to criminal prosecution under Section 1001, Title 18 of the United States Code or

civil liability under the False Claims Act if I misrepresent Unifire, Inc. in any of these representations or certifications to the

Government.

By maintaining an active entity registration in SAM, the entity complied with requirements to report proceedings data in accordance

with FAR 52.209-7 Information Regarding Responsibility Matters and with requirements to report executive compensation data in

accordance with FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

FAR 52.203-2 Certificate of Independent Price Determination (Apr 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition,

any consultation, communication, or agreement with any other offeror or competitor relating to-

(i)Those prices;

(ii)The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or

indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation)

or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit

an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid

or proposal, and that the signatory has not participated and will not participate in any action contrary

to paragraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that

those principals have not participated, and will not participate in any action contrary to paragraphs

(a)(1) through (a)(3) of this provision Ashley Ellis, TLS / SOE Contracts & Sales Mgr; Skip Church, President;

Heather Forbes, General Manager;

(ii)As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this

provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1)

through (a)(3) of this provision; and

(iii)As an agent, has not personally participated, and will not participate, in any action contrary to

paragraphs (a)(1) through (a)(3) of this provision.

a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007)

(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.

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.

December 07, 2021 1:15 AM Page 1 of 57

(End of Provision)

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements-Representation (JAN 2017)

As prescribed in 3.909–3(a), insert the following provision: Prohibition on Contracting With Entities That Require Certain Internal

Confidentiality Agreements or Statements-Representation (JAN 2017)

(a) Definition.

Internal confidentiality agreement or statement, subcontract, and subcontractor, as used in this provision, are defined in the clause

at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act,

2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions),

Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that

requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality

agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste,

fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to

receive such information.

(Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or

any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors

to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or

subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated

investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g.,

agency Office of the Inspector General).

(End of Provision)

FAR 52.204-3 Taxpayer Identification (Oct 1998)

(a) Definitions

"Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group

of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal

Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be

either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with

debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A,

and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment

reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror

to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting

requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the

accuracy

of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

* [X] TIN on file.

* [ ] TIN has been applied for.

* TIN is not required because:

* [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not

have income effectively connected with the conduct of a trade or business in the United States and does not have

an office or place of business or a fiscal paying agent in the United States;

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

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

December 07, 2021 1:15 AM Page 2 of 57

(e) Type of organization.

* [ ] sole proprietorship;

* [ ] Partnership;

* [X] 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

(f) Common parent.

* [X] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

Name and TIN of common parent:

Name:

TIN:

(End of Provision)

FAR 52.204-5 Women-Owned Business (Other Than Small Business) (Oct 2014)

(a) Definition. "Women-owned business concern," as used in this provision, means a concern that is at least 51 percent

owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or

more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a

small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The

offeror represents that it [ ] is a women-owned business concern.

(End of Provision)

FAR 52.204-17 Ownership or Control of Offeror (Aug 2020)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency

(DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and

Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and

Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE

(NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls

one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control

include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among

family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [X] has or [ ] does not have an immediate owner. If the Offeror has more than one

immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this

provision for each participant in the joint venture.*

Immediate owner CAGE code:7S2T5

Immediate owner legal name:MISSION READY HOLDINGS USA INC.

(Do not use a "doing business as" name)

Is the immediate owner owned or controlled by another entity?

[X] Yes [ ] No

December 07, 2021 1:15 AM Page 3 of 57

(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or

controlled by another entity, then enter the following information:

Highest-level owner CAGE code:L0AB4

Highest-level owner legal name:MISSION READY SERVICES INC

(Do not use a "doing business as" name)

*Currently, only one Immediate or Highest-Level Owner may be identified by a CAGE Code. If the offeror has more

than one (such as a joint venture) at either level of ownership, they must select only one to report.

(End of Provision)

FAR 52.204-20 Predecessor of Offeror (Aug 2020)

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

"Commercial and Government Entity (CAGE) code" means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA)

Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or the NATO Support and Procurement

Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity

(CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor

under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same

company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the

predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [X] is not a successor to a predecessor that held a Federal contract or grant

within the last three years.

information for all predecessors that held a Federal contract or grant within the last three years

(if more than one predecessor, list in reverse chronological order):

Predecessor CAGE Code: ______________________

(or mark "Unknown").

Predecessor legal name: ______________________

(Do not use a "doing business as" name)

(End of Provision)

FAR 52.204-26 Covered Telecommunications Equipment or Services - Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and

"reasonable inquiry" have the meaning provided in the clause at 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(1) The Offeror represents that it [ ] does [X] does not provide covered telecommunications equipment or services as a

part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual

instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [X]

does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered

telecommunications equipment or services.

(End of Provision)

FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015)

(a) Definitions. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract

entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with

either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b)

applies or the requirement is waived in accordance with the procedures at 9.108-4.

December 07, 2021 1:15 AM Page 4 of 57

(1) It [ ] is [X] is not an inverted domestic corporation; and

(2) It [ ] is [X] is not a subsidiary of an inverted domestic corporation.

(End of Provision)

FAR 52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are [ ] Are not [X] presently debarred, suspended, proposed for debarment, or declared ineligible for

the award of contracts by any Federal agency;

(B) Have [ ] Have not [X] , within a three-year period preceding this offer, been convicted of or had a civil

judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or

performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the

submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false

statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property(if offeror checks "have", the offeror shall

also see 52.209-7, if included in this solicitation);

entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.

(D) Have [ ] Have not [X] , within a three-year period preceding this offer, been notified of any delinquent

Federal Taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A

liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the

liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to

pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action

is precluded.

(2) Examples:

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C.6212, which entitles the

taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal

rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the

taxpayer has been issued a notice under I.R.C. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals

contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the

hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest

the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be

a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C.6159. The taxpayer is

making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is

not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced

collection action is stayed under 11 U.S.C 362 (the Bankruptcy Code).

(ii) The Offeror has [ ] , has not [X] , within a three-year period preceding this offer, had one or more contracts

terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having

primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a

division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of

a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United

States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the

Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of

an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's

responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting

Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to

render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not

required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed

when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other

remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

Definitions. As used in this clause- "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).

"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.

December 07, 2021 1:15 AM Page 5 of 57

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic

corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for

Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may

seek any available remedies in the event the Contractor

fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this

clause.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic

corporation during contract performance, the Contractor shall give written notice to the Contracting Officer

within five business days from the date of the inversion event.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this

contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or

who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a

civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of Provision)

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any

Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015

(Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a

contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have

been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority

responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has

considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to

protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding

agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a

determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It [ ] is [X] is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and

administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an

agreement with the authority responsible for collecting the tax liability; and

(2) It [ ] is [X] is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24

months.

(End of Provision)

FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (Nov 2020)

The NAICS Codes you selected on the Goods and Services page of this registration are listed in the table under 52.212-

3(c). Those NAICS Codes for which you are identified as small serve to complete the small business concern representation in

52.212-3(c)(1).

You are certifying to your size status for all the NAICS codes in the table. Please review it carefully. The Y/N answers are located in

the "Small Business?" column. A "Y" indicates "Small" and "N" indicates "Other than Small." This status is derived from the SBA's

size standards based on the size metrics you entered.

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and

certifications electronically in the System for Award Management (SAM), accessed through https://www.sam.gov. If the Offeror has

not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)

of this provision.

December 07, 2021 1:15 AM Page 6 of 57

(a) Definitions. As used in this provision-

"Commercial and Government Entity (CAGE) code" means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA)

Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to

entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch

records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is

at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are

controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance

with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible for 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.

"Internal confidentiality agreement or statement" means a confidentiality agreement or any other written statement that the

contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it

does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or

subcontractors sign at the behest of a Federal agency.

"Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic

corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or

processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and

reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral

extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan

Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that

the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business

can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the

Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian

organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to

regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern-

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

owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or,

in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

as defined in 38 U.S.C. 101(16).

"Small business concern"-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in 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.

(2) Affiliates as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to

control the others, or a third party or parties control or

have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors

including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors

set forth at 13 CFR 121.103.

"Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size

standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13

CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the

applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals,

December 07, 2021 1:15 AM Page 7 of 57

who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subcontract" means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services

for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and

modifications to purchase orders.

"Subcontractor" means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services

to or for a prime contractor or another subcontractor.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the

predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of

the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the

predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of

any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the

case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and

daily business operations are controlled by one or more women.

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

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

percent of the stock of which is owned by one or more women; and

(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 in SAM.

(2) The Offeror has completed the annual representations and certifications electronically in SAM accessed through

https://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and

certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have

been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the

business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are

incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (u) 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 inside the United

States or its outlying areas. Check all that apply.

December 07, 2021 1:15 AM Page 8 of 57

NAICS Code Name NAICS Exception Size Standard Small Business?

115310 Support Activities for

Forestry

1 $8000000.00 N

115310 Forest Fire Suppression 2 $20500000.00 N

115310 Fuels Management

Services

3 $20500000.00 N

238220 Plumbing, Heating, and

Air-Conditioning

Contractors

$16500000.00 N

311423 Dried and Dehydrated

Food Manufacturing

750 Y

311999 All Other Miscellaneous

Food Manufacturing

500 Y

314910 Textile Bag and Canvas

Mills

500 Y

314994 Rope, Cordage, Twine,

Tire Cord, and Tire

Fabric Mills

1000 Y

314999 All Other Miscellaneous

Textile Product Mills

500 Y

315110 Hosiery and Sock Mills 750 Y

315190 Other Apparel Knitting

Mills

750 Y

315210 Cut and Sew Apparel

Contractors

750 Y

315220 Men's and Boy's Cut and

Sew Apparel

Manufacturing

750 Y

315240 Women’s, Girls’, and

Infants’ Cut and Sew

Apparel Manufacturing

750 Y

315280 Other Cut and Sew

Apparel Manufacturing

750 Y

315990 Apparel Accessories and

Other Apparel

Manufacturing

500 Y

316110 Leather and Hide

Tanning and Finishing

500 Y

316210 Footwear Manufacturing 1000 Y

316998 All Other Leather Good

and Allied Product

Manufacturing

500 Y

322211 Corrugated and Solid

Fiber Box Manufacturing

1250 Y

322220 Paper Bag and Coated

and Treated Paper

Manufacturing

750 Y

324191 Petroleum Lubricating Oil

and Grease

Manufacturing

750 Y

325211 Plastics Material and

Resin Manufacturing

1250 Y

325510 Paint and Coating

Manufacturing

1000 Y

325920 Explosives

Manufacturing

750 Y

325998 All Other Miscellaneous

Chemical Product and

Preparation

Manufacturing

500 Y

326111 Plastics Bag and Pouch

Manufacturing

750 Y

326191 Plastics Plumbing Fixture

Manufacturing

750 Y

326199 All Other Plastics

Product Manufacturing

750 Y

326220 Rubber and Plastics

Hoses and Belting

Manufacturing

750 Y

327910 Abrasive Product

Manufacturing

750 Y

332215 Metal Kitchen Cookware,

Utensil, Cutlery, and

Flatware (except

Precious) Manufacturing

750 Y

December 07, 2021 1:15 AM Page 9 of 57

332216 Saw Blade and Handtool

Manufacturing

750 Y

332311 Prefabricated Metal

Building and Component

Manufacturing

750 Y

332312 Fabricated Structural

Metal Manufacturing

500 Y

332321 Metal Window and Door

Manufacturing

750 Y

332439 Other Metal Container

Manufacturing

500 Y

332722 Bolt, Nut, Screw, Rivet,

and Washer

Manufacturing

500 Y

332911 Industrial Valve

Manufacturing

750 Y

332919 Other Metal Valve and

Pipe Fitting

Manufacturing

750 Y

332992 Small Arms Ammunition

Manufacturing

1250 Y

332993 Ammunition (except

Small Arms)

Manufacturing

1500 Y

332994 Small Arms, Ordnance,

and Ordnance

Accessories

Manufacturing

1000 Y

332996 Fabricated Pipe and Pipe

Fitting Manufacturing

500 Y

332999 All Other Miscellaneous

Fabricated Metal Product

Manufacturing

750 Y

333111 Farm Machinery and

Equipment

Manufacturing

1250 Y

333314 Optical Instrument and

Lens Manufacturing

500 Y

333318 Other Commercial and

Service Industry

Machinery Manufacturing

1000 Y

333413 Industrial and

Commercial Fan and

Blower and Air

Purification Equipment

Manufacturing

500 Y

333414 Heating Equipment

(except Warm Air

Furnaces) Manufacturing

500 Y

333415 Air-Conditioning and

Warm Air Heating

Equipment and

Commercial and

Industrial Refrigeration

Equipment

Manufacturing

1250 Y

333514 Special Die and Tool,

Die Set, Jig, and Fixture

Manufacturing

500 Y

333515 Cutting Tool and

Machine Tool Accessory

Manufacturing

500 Y

333912 Air and Gas Compressor

Manufacturing

1000 Y

333991 Power-Driven Handtool

Manufacturing

500 Y

333992 Welding and Soldering

Equipment

Manufacturing

1250 Y

333999 All Other Miscellaneous

General Purpose

Machinery Manufacturing

500 Y

334111 Electronic Computer

Manufacturing

1250 Y

334210 Telephone Apparatus

Manufacturing

1250 Y

December 07, 2021 1:15 AM Page 10 of 57

334220 Radio and Television

Broadcasting and

Wireless

Communications

Equipment

Manufacturing

1250 Y

334290 Other Communications

Equipment

Manufacturing

750 Y

334413 Semiconductor and

Related Device

Manufacturing

1250 Y

334419 Other Electronic

Component

Manufacturing

750 Y

334510 Electromedical and

Electrotherapeutic

Apparatus Manufacturing

1250 Y

334511 Search, Detection,

Navigation, Guidance,

Aeronautical, and

Nautical System and

Instrument

Manufacturing

1250 Y

334513 Instruments and Related

Products Manufacturing

for Measuring,

Displaying, and

Controlling Industrial

Process Variables

750 Y

334516 Analytical Laboratory

Instrument

Manufacturing

1000 Y

334519 Other Measuring and

Controlling Device

Manufacturing

500 Y

335122 Commercial, Industrial,

and Institutional Electric

Lighting Fixture

Manufacturing

500 Y

335129 Other Lighting

Equipment

Manufacturing

500 Y

335312 Motor and Generator

Manufacturing

1250 Y

335314 Relay and Industrial

Control Manufacturing

750 Y

335911 Storage Battery

Manufacturing

1250 Y

335912 Primary Battery

Manufacturing

1000 Y

335921 Fiber Optic Cable

Manufacturing

1000 Y

335932 Noncurrent-Carrying

Wiring Device

Manufacturing

1000 Y

335991 Carbon and Graphite

Product Manufacturing

750 Y

335999 All Other Miscellaneous

Electrical Equipment and

Component

Manufacturing

500 Y

336111 Automobile

Manufacturing

1500 Y

336112 Light Truck and Utility

Vehicle Manufacturing

1500 Y

336120 Heavy Duty Truck

Manufacturing

1500 Y

336212 Truck Trailer

Manufacturing

1000 Y

336214 Travel Trailer and

Camper Manufacturing

1000 Y

336320 Motor Vehicle Electrical

and Electronic

Equipment

Manufacturing

1000 Y

336413 Other Aircraft Parts and

Auxiliary Equipment

Manufacturing

1250 Y

December 07, 2021 1:15 AM Page 11 of 57

336611 Ship Building and

Repairing

1250 Y

336612 Boat Building 1000 Y

336991 Motorcycle, Bicycle, and

Parts Manufacturing

1000 Y

336992 Military Armored Vehicle,

Tank, and Tank

Component

Manufacturing

1500 Y

336999 All Other Transportation

Equipment

Manufacturing

1000 Y

337127 Institutional Furniture

Manufacturing

500 Y

337215 Showcase, Partition,

Shelving, and Locker

Manufacturing

500 Y

339112 Surgical and Medical

Instrument

Manufacturing

1000 Y

339113 Surgical Appliance and

Supplies Manufacturing

750 Y

339114 Dental Equipment and

Supplies Manufacturing

750 Y

339115 Ophthalmic Goods

Manufacturing

1000 Y

339920 Sporting and Athletic

Goods Manufacturing

750 Y

339950 Sign Manufacturing 500 Y

339991 Gasket, Packing, and

Sealing Device

Manufacturing

500 Y

339994 Broom, Brush, and Mop

Manufacturing

500 Y

339999 All Other Miscellaneous

Manufacturing

500 Y

423410 Photographic Equipment

and Supplies Merchant

Wholesalers

500 Y

423450 Medical, Dental, and

Hospital Equipment and

Supplies Merchant

Wholesalers

500 Y

423460 Ophthalmic Goods

Merchant Wholesalers

500 Y

423490 Other Professional

Equipment and Supplies

Merchant Wholesalers

500 Y

423610 Electrical Apparatus and

Equipment, Wiring

Supplies, and Related

Equipment Merchant

Wholesalers

500 Y

423690 Other Electronic Parts

and Equipment Merchant

Wholesalers

500 Y

423710 Hardware Merchant

Wholesalers

500 Y

423730 Warm Air Heating and

Air-Conditioning

Equipment and Supplies

Merchant Wholesalers

500 Y

423830 Industrial Machinery and

Equipment Merchant

Wholesalers

500 Y

423840 Industrial Supplies

Merchant Wholesalers

500 Y

423850 Service Establishment

Equipment and Supplies

Merchant Wholesalers

500 Y

423860 Transportation

Equipment and Supplies

(except Motor Vehicle)

Merchant Wholesalers

500 Y

423910 Sporting and

Recreational Goods and

Supplies Merchant

Wholesalers

500 Y

December 07, 2021 1:15 AM Page 12 of 57

423910 Sporting and

Recreational Goods and

Supplies Merchant

Wholesalers

500 Y

423990 Other Miscellaneous

Durable Goods Merchant

Wholesalers

500 Y

424120 Stationery and Office

Supplies Merchant

Wholesalers

500 Y

424320 Men's and Boys' Clothing

and Furnishings

Merchant Wholesalers

500 Y

424340 Footwear Merchant

Wholesalers

500 Y

424410 General Line Grocery

Merchant Wholesalers

500 Y

424490 Other Grocery and

Related Products

Merchant Wholesalers

500 Y

424690 Other Chemical and

Allied Products Merchant

Wholesalers

500 Y

424720 Petroleum and

Petroleum Products

Merchant Wholesalers

(except Bulk Stations

and Terminals)

500 Y

424990 Other Miscellaneous

Nondurable Goods

Merchant Wholesalers

500 Y

441222 Boat Dealers 500 Y

444130 Hardware Stores 500 Y

446199 All Other Health and

Personal Care Stores

500 Y

448110 Men's Clothing Stores 500 Y

448120 Women's Clothing

Stores

500 Y

448150 Clothing Accessories

Stores

500 Y

448190 Other Clothing Stores 500 Y

448210 Shoe Stores 500 Y

448320 Luggage and Leather

Goods Stores

500 Y

451110 Sporting Goods Stores 500 Y

453998 All Other Miscellaneous

Store Retailers (except

Tobacco Stores)

500 Y

454390 Other Direct Selling

Establishments

500 Y

484220 Specialized Freight

(except Used Goods)

Trucking, Local

$30000000.00 N

488991 Packing and Crating $30000000.00 N

493110 General Warehousing

and Storage

$30000000.00 N

532490 Other Commercial and

Industrial Machinery and

Equipment Rental and

Leasing

$35000000.00 N

541330 Engineering Services 1 $16500000.00 N

541330 Military and Aerospace

Equipment and Military

Weapons

2 $41500000.00 N

541330 Contracts and

Subcontracts for

Engineering Services

Awarded Under the

National Energy Policy

Act of 1992

3 $41500000.00 N

541330 Marine Engineering and

Naval Architecture

4 $41500000.00 N

541380 Testing Laboratories $16500000.00 N

541511 Custom Computer

Programming Services

$30000000.00 N

December 07, 2021 1:15 AM Page 32 of 57

541512 Computer Systems

Design Services

$30000000.00 N

541620 Environmental

Consulting Services

$16500000.00 N

541690 Other Scientific and

Technical Consulting

Services

$16500000.00 N

541713 Research and

Development in

Nanotechnology

1000 Y

541715 Research and

Development in the

Physical, Engineering,

and Life Sciences

(except Nanotechnology

and Biotechnology)

1 1000 Y

541715 Aircraft, Aircraft Engine

and Engine Parts

2 1500 Y

541715 Other Aircraft Parts and

Auxiliary Equipment

3 1250 Y

541715 Guided Missiles and

Space Vehicles, Their

Propulsion Units and

Propulsion Parts

4 1250 Y

541990 All Other Professional,

Scientific, and Technical

Services

$16500000.00 N

561210 Facilities Support

Services

$41500000.00 N

561790 Other Services to

Buildings and Dwellings

$8000000.00 N

561910 Packaging and Labeling

Services

$12000000.00 N

611430 Professional and

Management

Development Training

$12000000.00 N

611699 All Other Miscellaneous

Schools and Instruction

$12000000.00 N

621512 Diagnostic Imaging

Centers

$16500000.00 N

624221 Temporary Shelters $12000000.00 N

624230 Emergency and Other

Relief Services

$35000000.00 N

811219 Other Electronic and

Precision Equipment

Repair and Maintenance

$22000000.00 N

811310 Commercial and

Industrial Machinery and

Equipment (except

Automotive and

Electronic) Repair and

Maintenance

$8000000.00 N

922190 Other Justice, Public

Order, and Safety

Activities

N/A

December 07, 2021 1:15 AM Page 33 of 57

(1)** The offeror represents as part of its offer that it [X] is, [ ] is not a small business concern (see below).

(2)** [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The

offeror represents, that it [ ] is, [X] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3)** [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The

offeror represents as part of its offer that it [ ] is, [X] is not a women-owned small business concern. (See Below)

(4)** Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror

represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of

its offer 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)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint

venture. [The 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 participating in the joint venture shall submit a separate

signed copy of the WOSB representation.

(5)** Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror

represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The

offeror represents as part of its offer that-

(i) It [ ] is, [ ] is not an EDWOSB 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)(5)(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.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The

offeror represents as part of its offer that it [ ] is, [X] is not a veteran-owned small business concern.

(7)** [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this

provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(See Below)

*If you are responding to a Government solicitation for supplies or services under a NAICS code not listed in paragraph (b)

of this certification, you must provide this certification directly to the Contracting Officer.

**Small business concern, Veteran-owned small business concern, Service-disabled veteran-owned small business

concern, and Women-owned small business concern size status is calculated based on the Small Business Administration size

standard for each NAICS code using the size metrics (e.g. Average Number of Employees and Average Annual Receipts) provided

by Unifire, Inc. in their SAM registration.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The

offeror represents, as part of its offer, that-

(i) It [ ] is, [X] 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, [X] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the

representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the

HUBZone joint venture. [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 joint venture shall submit a separate signed

copy of the HUBZone representation.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the

clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone

small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged woman-owned small, or womenowned

small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs

established pursuant to section 8, 9, or 15, 31, and 36 of the Small Business Act or any other provision of Federal law that

specifically references section 8(d) for a definition of program eligibility, shall-

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

Alternate I (Sept 2015)

As prescribed in 19.309(a)(2), add the following paragraph (c)(9) to the basic provision:

(9) [Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this provision.] The offeror shall check

the category in which its ownership falls:

[ ] Black American.

[ ] Hispanic American.

[ ] Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

[ ] Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan,

China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall

Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong,

Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

[ ] Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan,

the Maldives Islands, or Nepal).

[ ] Individual/concern, other than one of the preceding.

(End of Provision)

FAR 52.219-2 Equal Low Bids (Oct 1995)

December 07, 2021 1:15 AM Page 34 of 57

(a) This provision applies to small business concerns only

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the

bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be

incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of

the contract price.

(c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the bidder from

receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision

and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in

accordance with the obligations of an LSA concern.

(End of Provision)

FAR 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2001)

(a) Definition:

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

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which

the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished

by process or penalties.

(b) Listed end products. The following end product(s) being acquired under this solicitation is (are) included in the List of

Products Requiring Contractor Certification as to Forced or Indentured Child Labor, identified by their country of origin. There is a

reasonable basis to believe that listed end products from the listed countries of origin may have been mined, produced, or

manufactured by forced or indentured child labor.

December 07, 2021 1:15 AM Page 35 of 57

Listed End Products Listed Country of Origin

Bamboo Burma

Beans (green, soy, yellow) Burma

Brazil Nuts/Chestnuts Bolivia

Bricks Afghanistan, Burma, China, India, Nepal, Pakistan

Carpets Nepal, Pakistan

Cattle South Sudan

Cassiterite Democratic Republic of Congo

Coal Pakistan

Coca (stimulant plant) Colombia

Cocoa Cote d'Ivoire, Nigeria

Coffee Cote d'Ivoire

Coltan Democratic Republic of Congo

Cotton Benin, Burkina Faso, China, Tajikistan, Uzbekistan

Cottonseed (hybrid) India

Diamonds Sierra Leone

Dried Fish Bangladesh

Electronics China

Embroidered Textiles (zari) India, Nepal

Fish Ghana

Garments Argentina, India, Thailand, Vietnam

Gold Burkina Faso, Democratic Republic of Congo

Granite Nigeria

Gravel (crushed stones) Nigeria

Pornography Russia

Rice Burma, India, Mali

Rubber Burma

Shrimp Thailand

Stones India, Nepal

Sugarcane Bolivia, Burma

Teak Burma

Textiles (hand-woven) Ethopia

Tilapia (fish) Ghana

Tobacco Malawi

Toys China

Wolframite Democratic Republic of Congo

(c) Certification. The Government will not make award to an offeror unless the offeror, by checking the appropriate block,

certifies to either paragraph (c)(1) or paragraph (c)(2) of this provision

[X] (1) The offeror will not supply any end product listed in paragraph (b) of this provision that was mined, produced, or

manufactured in a corresponding country as listed for that end product.

[ ] (2) The offeror may supply an end product listed in paragraph (b) of this provision that was mined, produced, or

manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to

determine whether forced or indentured child labor was used to mine, produce, or manufacture such end product. On the basis of

those efforts, the offeror certifies that it is not aware of any such use of child labor.

(End of Provision)

FAR 52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

The offeror represents that-

(a) It [ ] has It [X] has not participated in a previous contract or subcontract subject the Equal Opportunity clause of this

solicitation;

(b) It [X] has It [ ] has not filed all required compliance reports; and

obtained before subcontract awards.

(End of Provision)

FAR 52.222-25 Affirmative Action Compliance (Apr 1984)

December 07, 2021 1:15 AM Page 36 of 57

The offeror represents that-

(a) It [X] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative

action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and

regulations of the Secretary of Labor.

(End of Provision)

FAR 52.222-38 Compliance with Veterans' Employment Reporting Requirements (Feb 2016)

As prescribed in 22.1310 (c), insert the following provision:

COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (Feb 2016)

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) ( i.e., if it has

any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has filed the most

recent VETS-4212 Report required by that clause.

(End of Provision)

FAR 52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance,

Calibration, or Repair of Certain Equipment-Certification (May 2014)

(a) The offeror shall check the following certification:

Certification

The offeror [ ] does certify [X] does not certify that -

(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and

are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general

public in the course of normal business operations;

(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the

maintenance, calibration, or repair of equipment.

(i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly

maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states

prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.

(ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers

free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and

(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are

the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to

compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of

this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor

Standards statute-

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in

any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be

included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on

that basis.

(1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract

awarded to this offeror; and

(2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service

Contract Labor Standards wage determination to the solicitation.

(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in

paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

(End of Provision)

FAR 52.222-50 Combating Trafficking in Persons (Oct 2020)

As prescribed in 22.1705(a)(1), insert the following clause:

COMBATING TRAFFICKING IN PERSONS (Oct 2020)

December 07, 2021 1:15 AM Page 37 of 57

(a) Definitions. As used in this clause-

"Agent" means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on

behalf of the organization.

"Coercion" means-

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm

to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

"Commercially available off-the-shelf (COTS) item" means-

(1) Any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is

sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Commercial sex act" means any sex act on account of which anything of value is given to or received by any person.

"Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of

those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied

toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

"Employee" means an employee of the Contractor directly engaged in the performance of work under the contract who has other

than a minimal impact or involvement in contract performance.

"Forced Labor" means knowingly providing or obtaining the labor or services of a person-

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such

labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

"Involuntary servitude" includes a condition of servitude induced by means of-

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such

conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

"Recruitment fees" means fees of any type, including charges, costs, assessments, or other financial obligations, that are

associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills

testing, recommending, or placing employees or potential employees;

(ii) Advertising;

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including procuring medical examinations and immunizations; background, reference, and

security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or

potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs-

(A) While in transit, including, but not limited to, airfare or costs of other modes of

transportation, terminal fees, and travel taxes associated with travel from the country of origin

to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment

is-

(i)Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, butnot limited to-

(A) Agents;

(B) Labor Brokers;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

"Severe forms of trafficking in persons" means-

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform

such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force,

fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

"Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a

commercial sex act.

"Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime

contract or a subcontract.

"Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or

another subcontractor.

"United States" means the 50 States, the District of Columbia, and outlying areas.

December 07, 2021 1:15 AM Page 38 of 57

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the traffickingrelated

activities of this clause. Contractors, contractor employees, and their agents shall not-

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents,

such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to

disclose, in a format and language understood by the employee or potential employee, basic information or making material

misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and

fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged),

any significant cost to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees or potential employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that

country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the

United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of

working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker

programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except

that-

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay

for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim

services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The

contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim

services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time

when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause

apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document

in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform

the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's

work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees,

work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process,

and the content of applicable laws and regulations that prohibit trafficking in persons.

(1) Notify its employees and agents of-

(i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may

include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy

in paragraph (b) of this clause.

(d) Notification.

(1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of-

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor

employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of

this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the

solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible

evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this

clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the

contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the

requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in-

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined

Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the

violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation

to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan,

when directed by the Contracting Officer to do so.

December 07, 2021 1:15 AM Page 39 of 57

(g) Full cooperation.

(1) The Contractor shall, at a minimum-

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the

individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting

agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the

Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing

restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from

which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with

Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the

contract. It does not-

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her

attorney client privilege or Fifth Amendment rights; or

(iii) Restrict the Contractor from-

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan.

(1) This paragraph (h) applies to any portion of the contract that-

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be

performed outside the United States; and

(ii) Has an estimated value that exceeds $550,000.

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate-

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States

citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to

trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities

described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for

violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for

the Department of State's Office to Monitor and Combat Trafficking in Persons at https://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in

persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at

1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging

recruitment fees to the employee or potential employee, and ensures that wages meet applicable host-country legal requirements or

explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets

host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons

(including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor

employees that have engaged in such activities.

(4) Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at

the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is

maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the

compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that-

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to

monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either-

(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is

engaged in any such activities; or

(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the

Contractor or subcontractor has taken the appropriate remedial and referral actions.

(i) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts

with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that-

(A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be

performed outside the United States; and

(B) Has an estimated value that exceeds $550,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the

award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

ALTERNATE I (Mar 2015)

As prescribed in 22.1705(a)(2), substitute the following paragraph in place of paragraph (c)(1)(i) of the basic clause:

(i)(A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as

indicated below:

Document Title Document may be obtained from: Applies o performance in/at:

December 07, 2021 1:15 AM Page 40 of 57

[Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for

obtaining document; and, indicate the contract performance location outside the United States. to which the document applies.]

(End of Provision)

FAR 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-

Certification (May 2014)

Unifire, Inc. has elected not to complete this provision. Information pertaining to this provision, must be submitted to the Government

with individual offers/proposals.

(End of Provision)

FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)

As prescribed in 22.1705(b), insert the following provision:

CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (Oct 2020)

(a) The term "commercially available off-the-shelf (COTS) item," is defined in the clause of this solicitation entitled

"Combating Trafficking in Persons" (FAR clause 52.222-50).

(b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this

provision, for the portion (if any) of the contract that-

(1) Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to

be performed outside the United States; and

(2) Has an estimated value that exceeds $550,000.

(1) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-

50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited

activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and

(2) After having conducted due diligence, either-

(i) To the best of the Offeror's knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is

engaged in any such activities; or

(ii) If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed

subcontractor has taken the appropriate remedial and referral actions.

(End of Provision)

FAR 52.223-1 Biobased Product Certification (May 2012)

(a) As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C.

8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by theUnited States

Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than

biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable

specifications or other contractual requirements.

(End of Provision)

FAR 52.223-4 Recovered Material Certification (May 2008)

Unifire, Inc. has elected not to complete this provision. Information pertaining to this provision, must be submitted to the Government

with individual offers/proposals.

(End of Provision)

FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (Alternate I) (May 2008)

Unifire, Inc. has elected not to complete this provision. Information pertaining to this provision, must be submitted to the Government

with individual offers/proposals.

(End of Provision)

FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016)

As prescribed in 23.804(b), insert the following provision:

Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation (Dec 2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the

prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the

prior Federal fiscal year.

(b) Representation [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose

greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory,

performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the

Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immedaite owner or highest-level owner) [ ] does, [ ] does not publicly disclose a

quantitative greenhouse emissions reduction goal, i.e., make available on a publicly accessible Web site a target to reduce absolute

emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas

emissions reporting program.

December 07, 2021 1:15 AM Page 41 of 57

(c) If the Offeror checked "does" in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the

publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:

(End of Provision)

FAR 52.225-2 Buy American Certificate (May 2014)

Unifire, Inc. has elected not to complete this provision. Information pertaining to this provision, must be submitted to the Government

with individual offers/proposals.

(End of Provision)

FAR 52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate (May 2014)

Unifire, Inc. has elected not to complete this provision. Information pertaining to this provision, must be submitted to the Government

with individual offers/proposals.

(End of Provision)

FAR 52.225-6 Trade Agreements Certificate (May 2014)

Unifire, Inc. has elected not to complete this provision. Information pertaining to this provision, must be submitted to the Government

with individual offers/proposals.

(End of Provision)

FAR 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan-Certification (Aug 2009)

(a) Definitions. As used in this provision-

"Business operations" means engaging in commerce in any form, including by acquiring, developing, maintaining, owning,

selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any

other apparatus of business or commerce.

"Marginalized populations of Sudan" means-

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and

Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral

extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan

Accountability and Divestment Act of 2007(Pub. L. 110-174). Restricted business operations do not include business operations that

the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business

can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the

Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian

organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended

(b) Certification. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business

operations in Sudan.

(End of Provision)

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

Representation and Certifications (Oct 2015)

December 07, 2021 1:15 AM Page 42 of 57

(a) Definitions. As used in this provision-

"Person"-

(1) Means-

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and

any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as

a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

"Sensitive technology"-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to

regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at

CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by

submission of its offer, the offeror-

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the

government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of

Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which

sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of

the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to

Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any

transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and

interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)

(see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements

of paragraphs (c)(2) and (c)(3) of this provision do not apply if-

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or

comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated

country construction material.

(End of Provision)

FAR 52.226-2 Historically Black College or University and Minority Institution Representation (Oct 2014)

(a) Definitions. As used in this provision-

"Historically black college or university" means an institution determined by the Secretary of Education to meet the

requirements of 34 CFR 608.2.

"Minority institution" means an institution of higher education meeting the requirements of Section 365(3) of the Higher

Education Act of 1965 (20 U.S.C. 1067k), including a Hispanic-serving institution of higher education, as defined in Section 502(a) of

the Act (20 U.S.C. 1101a).

(b) Representation. The offeror represents that it-

[ ] is [X] is not a historically black college or university;

[ ] is [X] is not a minority institution.

(End of Provision)

FAR 52.227-6 Royalty Information (Alternate I) (Apr 1984)

December 07, 2021 1:15 AM Page 43 of 57

(a) Cost or charges for royalties. When the response to this solicitation contains costs or charges for royalties totaling

more than $250, the following information shall be included in the response relating to each separate item of royalty or license fee:

(1) Name and address of licensor.

(2) Date of license agreement.

(3) Patent numbers, patent application serial numbers, or other basis on which the royalty is payable.

(4) Brief description, including any part or model numbers of each contract item or component on which the royalty is

payable.

(5) Percentage or dollar rate of royalty per unit.

(6) Unit price of contract item.

(7) Number of units.

(8) Total dollar amount of royalties.

(b) Copies of current licenses. In addition, if specifically requested by the Contracting Officer before execution of the

contract, the offeror shall furnish a copy of the current license agreement and an identification of applicable claims of specific

patents.

ALTERNATE I (APR 1984)

Substitute the following for the introductory portion of paragraph (a) of the basic clause: When the response to this

solicitation covers charges for special construction or special assembly that contain costs or charges for royalties totaling more than

$250, the following information shall be included in the response relating to each separate item of royalty or license fee:

(End of Provision)

FAR 52.227-15 Representation of Limited Rights Data and Restricted Computer Software (Dec 2007)

(a) This solicitation sets forth the Government's known delivery requirements for data (as defined in the clause at 52.227-

14, Rights in Data-General). Any resulting contract may also provide the Government the option to order additional data under the

Additional Data Requirements clause at 52.227-16, if included in the contract. Any data delivered under the resulting contract will be

subject to the Rights in Data-General clause at 52.227-14 included in this contract. Under the latter clause, a Contractor may

withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data

instead. The latter clause also may be used with its Alternates II and or III to obtain delivery of limited rights data or restricted

computer software, marked with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this

latter clause provides the Government the right to inspect such data at the Contractor's facility.

(b) By completing the remainder of this paragraph, the offeror represents that it has reviewed the requirements for the

delivery of technical data or computer software and states [offeror check appropriate block]-

(1) [X] None of the data proposed for fulfilling such requirements qualifies as limited rights data or restricted computer

software; or

(2) [ ] Data proposed for fulfilling such requirements qualify as limited rights data or restricted computer software and are

identified as follows:

(c) Any identification of limited rights data or restricted computer software in the offeror's response is not determinative of

the status of the data should a contract be awarded to the offeror.

(End of Provision)

DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (Dec 2019)

(a) Definitions. As used in this provision, "covered defense telecommunications equipment or services" has the meaning

provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered defense telecommunications equipment or

services."

equipment or services as a part of its offered products or services to the Government in the performance of any contract,

subcontract, or other contractual instrument.

(End of Provision)

DFARS 252.209-7002 Disclosure of Ownership or Control by a Foreign Government.

December 07, 2021 1:15 AM Page 44 of 57

As prescribed in 209.104-70(b), use the following provision:

DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)

(a) Definitions. As used in this provision-

(1) "Effectively owned or controlled" means that a foreign government or any entity controlled by a foreign government

has the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the

Offeror's officers or a majority of the Offeror's board of directors by any means, e.g., ownership, contract, or operation of law (or

equivalent power for unincorporated organizations).

(2) "Entity controlled by a foreign government"-

(i) Means-

(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; or

(B) Any individual acting on behalf of a foreign government.

(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a

foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23,

1992.

(3) "Foreign government" includes the state and the government of any country (other than the United States and its

outlying areas) as well as any political subdivision, agency, or instrumentality thereof.

(4) "Proscribed information" means-

(i) Top Secret information;

(ii) Communications security (COMSEC) material, excluding controlled cryptographic items when unkeyed or utilized with

unclassified keys;

(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended;

(iv) Special Access Program (SAP) information; or

(v) Sensitive Compartmented Information (SCI).

(b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a

foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of Defense

or a designee has waived application of 10 U.S.C. 2536(a).

constitutes control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any

reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest

concerning the Offeror's immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and

provide the information in the following format:

Offeror's Point of Contact for Questions about Disclosure

(Name and Phone Number with Country Code, City Code and Area Code, as applicable)

Name:

Phone Number: 0 ext: 0

International Number: 0

Name and Address of Offeror

Unifire, Inc. (Doing Business As: )

3904 E Trent Ave Spokane, WA 99202, UNITED STATES

(End of Provision)

DFARS 252.209-7003 Reserve Officer Training Corps and Military Recruiting on Campus-Representation.

As prescribed in 209.470-4(a), use the following provision:

RESERVE OFFICER TRAINING CORPS AND MILITARY RECRUITING ON CAMPUS (MAR 2012)

(a) Definitions. "Institution of higher education," as used in this provision, is defined in the clause at 252.209-7005,

Reserve officer Training Corps and Military Recruiting on Campus.

December 07, 2021 1:15 AM Page 45 of 57

(b) Limitation on contract award. Except as provided in paragraph (c) of this provision, an institution of higher education is

ineligible for contract award if the Secretary of Defense determines that the institution has a current policy or practice (regardless of

when implemented) that prohibits or in effect prevents-

(1) The Secretary of a military department from maintaining, establishing, or operating a unit of the Senior Reserve Officer

Training Corps (ROTC) (in accordance with 10 U.S.C. 654 and other applicable Federal laws) at that institution;

(2) A student at that institution from enrolling in a unit of the Senior ROTC at another institution of higher education;

(3) The Secretary of a military department or the Secretary of Transportation from gaining entry to campuses, or access to

students (who are 17 years of age or older) on campuses, for purposes of military recruiting; or

(4) Military recruiters from accessing, for purposes of military recruiting, the following information pertaining to students

(who are 17 years of age or older) enrolled at that institution:

(i) Name.

(ii) Address.

(iii) Telephone number.

(iv) Date and place of birth.

(v) Educational level.

(vi) Academic major.

(vii) Degrees received.

(viii) Most recent educational institution enrollment.

(c) Exception. The limitation in paragraph (b) of this provision does not apply to an institution of higher education if the

Secretary of Defense determines that the institution has a long-standing policy of pacifism based on historical religious affiliation. -

(d) Representation. By submission of its offer, the offeror represents that the institution does not have any policy or

practice described in paragraph (b) of this clause, unless the Secretary of Defense has determined that the institution has a longstanding

policy of pacifism based on historical religious affiliation.

(End of Provision)

DFARS 252.216-7008 Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government-

Representation.

As prescribed in 216.203-4-70(c)(2), use the following provision:

ECONOMIC PRICE ADJUSTMENT-WAGE RATES OR MATERIAL PRICES CONTROLLED BY A FOREIGN

GOVERNMENT-REPRESENTATION (MAR 2012)

(a) By submission of its offer, the offeror represents that the prices set forth in this offer-

(1) Are based on the wage rate(s) or material price(s) established and controlled by the Government of ; and

(2) Do not include contingency allowances to pay for possible increases in wage rates or material prices.

(End of Provision)

DFARS 252.225-7000 Buy American--Balance of Payments Program Certificate.

Unifire, Inc. has elected not to complete this provision. Information pertaining to this provision, must be submitted to the Government

with individual offers/proposals.

(End of Provision)

DFARS 252.225-7003 Report of Intended Performance Outside the United States and Canada-Submission with Offer

As prescribed in 225.7204(a), use the following provision:

REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND CANADA-SUBMISSION WITH OFFER

(Oct 2015)

(a) Definition. "United States," as used in this provision, means the 50 States, the District of Columbia, and outlying areas.

(b) The offeror shall submit, with its offer, a report of intended performance outside the United States and Canada if-

(1) The offer exceeds $13.5 million in value; and

(2) The offeror is aware that the offeror or a first-tier subcontractor intends to perform any part of the contract outside the

United States and Canada that-

(i) Exceeds $700,000 in value; and

(ii) Could be performed inside the United States or Canada.

December 07, 2021 1:15 AM Page 46 of 57

(1) Subcontracts;

(2) Purchases; and

(3) Intracompany transfers when transfers originate in a foreign location.

(d) The offeror shall submit the report using-

(1) DD Form 2139, Report of Contract Performance Outside the United States; or

(2) A computer-generated report that contains all information required by DD Form 2139.

(e) The offeror may obtain a copy of DD Form 2139 from the Contracting Officer or via the Internet at

https://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.

(End of Provision)

DFARS 252.225-7020 Trade Agreements Certificate

Unifire, Inc. has elected not to complete this provision. Information pertaining to this provision, must be submitted to the Government

with individual offers/proposals.

(End of Provision)

DFARS 252.225-7031 Secondary Arab Boycott of Israel.

As prescribed in 225.7605, use the following provision:

SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

(a) Definitions. As used in this provision-

(1) "Foreign person" means any person (including any individual, partnership, corporation, or other form of association)

other than a United States person.

(2) "United States" means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as

defined in 43 U.S.C. 1331.

(3) "United States person" is defined in 50 U.S.C. App. 2415(2) and means-

(i) Any United States resident or national (other than an individual resident outside the United States who is employed by

other than a United States person);

(ii) Any domestic concern (including any permanent domestic establishment of any foreign concern); and

(iii) Any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is

controlled in fact by such domestic concern.

(b) Certification. If the offeror is a foreign person, the offeror certifies, by submission of an offer, that it-

(1) Does not comply with the Secondary Arab Boycott of Israel; and

(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab

countries, which 50 U.S.C. App. 2407(a) prohibits a United States person from taking.

(End of Provision)

DFARS 252.225-7035 Buy American Act--Free Trade Agreements--Balance of Payments Program Certificate (Alternate I, II,

III, IV & V)

Unifire, Inc. has elected not to complete this provision. Information pertaining to this provision, must be submitted to the Government

with individual offers/proposals.

(End of Provision)

DFARS 252.225-7042 Authorization to Perform.

As prescribed in 225.1103(3), use the following provision:

AUTHORIZATION TO PERFORM (APR 2003)

The offeror represents that it has been duly authorized to operate and to do business in the country or countries in which the

contract is to be performed.

(End of Provision)

DFARS 252.225-7049 Prohibition on Acquisition of Commercial Satellite Services From Certain Foreign Entities-

Representations (Oct 2015)

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As prescribed in 225.772-5, use the following provision:

PROHIBITION ON ACQUISITION OF COMMERCIAL SATELLITE SERVICES FROM CERTAIN FOREIGN ENTITIES--

REPRESENTATIONS (Oct 2015)

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

"Covered foreign country" means-

(i) The People's Republic of China;

(ii) North Korea; or

(iii) Any country that is a state sponsor of terrorism. (10 U.S.C. 2279)

"Foreign entity" means-

(i) Any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or

organization organized under the laws of a foreign state if either its principal place of business is outside the United States or its

equity securities are primarily traded on one or more foreign exchanges.

(ii) Notwithstanding paragraph (i) of this definition, any branch, partnership, group or sub-group, association, estate, trust,

corporation or division of a corporation, or organization that demonstrates that a majority of the equity interest in such entity is

ultimately owned by U.S. nationals is not a foreign entity. (31 CFR 800.212)

"Government of a covered foreign country" includes the state and the government of a covered foreign country, as well as

any political subdivision, agency, or instrumentality thereof.

"Satellite services" means communications capabilities that utilize an on-orbit satellite for transmitting the signal from one

location to another.

"State sponsor of terrorism" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export

Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support

for acts of international terrorism. As of the date of this provision, state sponsors of terrorism subject to this provision are Iran,

Sudan, and Syria. (10 U.S.C. 2327)

(b) Prohibition on award. In accordance with 10 U.S.C. 2279, unless an exception is determined to apply in accordance

with DFARS 225.772-4, no contract for commercial satellite services may be awarded to-

(1) A foreign entity if the Under Secretary of Defense for Acquisition, Technology, and Logistics or the Under Secretary of

Defense for Policy reasonably believes that the foreign entity-

(i) Is an entity in which the government of a covered foreign country has an ownership interest that enables the

government to affect satellite operations; or

(ii) Plans to, or is expected to, provide or use launch or other satellite services under the contract from a covered foreign

country; or

(2) An offeror that is offering to provide the commercial satellite services of a foreign entity as described in paragraph

(b)(1) of this section.

(1) It [ ] is, [X] is not a foreign entity in which the government of a covered foreign country has an ownership interest that

enables the government to affect satellite operations;

(2) It [ ] is, [X] is not a foreign entity that plans to provide or use launch or other satellite services under the contract from

a covered foreign country;

(3) It [ ] is, [X] is not offering commercial satellite services provided by a foreign entity in which the government of a

covered foreign country has an ownership interest that enables the government to affect satellite operations; and

(4) It [ ] is, [X] is not offering commercial satellite services provided by a foreign entity that plans to or is expected to

provide or use launch or other satellite services under the contract from a covered foreign country.

(d) Disclosure. If the Offeror has responded affirmatively to any of the above representations, provide the following

information, as applicable:

(1) Identification of the foreign entity proposed to provide the commercial satellite services, if other than the Offeror.

(2) To the extent practicable, a description of any ownership interest that the government of a covered foreign country has

in the foreign entity proposed to provide the satellite services, including identification of the covered foreign country.

(3) Identification of any covered foreign country in which launch or other satellite services will be provided or used, and a

description of any satellite services planned to be provided or used in that country.

(e) The representations in paragraph (c) of this provision are a material representation of fact upon which reliance will be

placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to

other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for

default.

(End of Provision)

DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of

Terrorism. (Oct 2015)

December 07, 2021 1:15 AM Page 48 of 57

DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR

OF TERRORISM (Oct 2015)

(a) Definitions. As used in this provision-

"Government of a country that is a state sponsor of terrorism" includes the state and the government of a country that is a

state sponsor of terrorism, as well as any political subdivision, agency, or instrumentality thereof.

"Significant interest" means-

(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest

includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of

holding securities that does not disclose the beneficial owner;

(ii) Holding a management position in the firm, such as a director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible

assets of the firm; or

(v) Holding 50 percent or more of the indebtedness of a firm.

"State sponsor of terrorism" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export

Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), to be a country the government of which has repeatedly provided support

for acts of international terrorism. As of the date of this provision, state sponsors of terrorism include: Iran, Sudan, and Syria.

(b) Prohibition on award. In accordance with 10 U.S.C. 2327, unless a waiver is granted by the Secretary of Defense, no

contract may be awarded to a firm if the government of a country that is a state sponsor of terrorism owns or controls a significant

interest in-

(1) The firm;

(2) A subsidiary of the firm; or

(3) Any other firm that owns or controls the firm.

(c) Representation. Unless the Offeror submits with its offer the disclosure required in paragraph (d) of this provision, the

Offeror represents, by submission of its offer, that the government of a country that is a state sponsor of terrorism does not own or

control a significant interest in-

(1) The Offeror;

(2) A subsidiary of the Offeror; or

(3) Any other firm that owns or controls the Offeror.

(d) Disclosure.

(1) The Offeror shall disclose in an attachment to its offer if the government of a country that is a state sponsor of terrorism

owns or controls a significant interest in the Offeror; a subsidiary of the Offeror; or any other firm that owns or controls the Offeror.

(2) The disclosure shall include-

(i) Identification of each government holding a significant interest; and

(ii) A description of the significant interest held by each government.

(End of Provision)

DFARS 252.229-7012 Tax Exemptions (Italy)-Representation.

As prescribed in 229.402-70(c)(2), use the following provision:

TAX EXEMPTIONS (ITALY)-REPRESENTATION (MAR 2012)

(a) Exemptions. The United States Government is exempt from payment of-

(1) Imposta Valore Aggiunto (IVA) tax in accordance with Article 72 of the IVA implementing decree on all supplies and

services sold to United States Military Commands in Italy; and

(2) The other taxes specified in paragraph (c) of the clause DFARS 252.229-7003, Tax Exemptions (Italy).

(b) Representations. By submission of its offer, the offeror represents that the offered price, including the prices of

subcontracts to be awarded under the contract, does not include the taxes identified herein, or any other taxes from which the United

States Government is exempt.

(End of Provision)

DFARS 252.229-7013 Tax Exemptions (Spain)-Representation.

December 07, 2021 1:15 AM Page 49 of 57

As prescribed in 229.402-70(e), use the following provision:

TAX EXEMPTIONS (SPAIN)-REPRESENTATION (APR 2012)

(a) Exemptions. In accordance with tax relief agreements between the United States Government and the Spanish

Government, and because the resultant contract arises from the activities of the United States Forces in Spain, the contract will be

exempt from the excise, luxury, and transaction taxes listed in paragraph (b) of the clause DFARS 252.229-7005, Tax Exemptions

(Spain).

(b) Representation. By submission of its offer, the offeror represents that the offered price, including the prices of

subcontracts to be awarded under the contract, does not include the taxes identified herein, or any other taxes from which the United

States Government is exempt.

(End of Provision)

DFARS 252.239-7011 Special Construction and Equipment Charges.

As prescribed in 239.7411(b), use the following clause:

SPECIAL CONSTRUCTION AND EQUIPMENT CHARGES (DEC 1991)

(a) The Government will not directly reimburse the Contractor for the cost of constructing any facilities or providing any

equipment, unless the Contracting Officer authorizes direct reimbursement.

(b) If the Contractor stops using facilities or equipment which the Government has, in whole or part, directly reimbursed,

the Contractor shall allow the Government credit for the value of the facilities or equipment attributable to the Government's

contribution. Determine the value of the facilities and equipment on the basis of their foreseeable reuse by the Contractor at the time

their use is discontinued or on the basis of the net salvage value, whichever is greater. The Contractor shall promptly pay the

Government the amount of any credit.

(1) The actual costs to the Contractor; and

(2) An amount properly allocable to the services to be provided to the Government.

(d) The amount of the direct special construction charge shall not include costs incurred by the Contractor which are

covered by-

(1) A cancellation or termination liability; or

(2) The Contractor's recurring or other nonrecurring charges.

(e) The Contractor represents that-

(1) Recurring charges for the services, facilities, and equipment do not include in the rate base any costs that have been

reimbursed by the Government to the Contractor; and

(2) Depreciation charges are based only on the cost of facilities and equipment paid by the Contractor and not reimbursed

by the Government.

(f) If it becomes necessary for the Contractor to incur costs to replace any facilities or equipment, the Government shall

assume those costs or reimburse the Contractor for replacement costs at mutually acceptable rates under the following

circumstances-

(1) The Government paid direct special construction charges; or

(2) The Government reimbursed the Contractor for those facilities or equipment as a part of the recurring charges; and

(3) The need for replacement was due to circumstances beyond the control and without the fault of the Contractor.

(g) Before incurring any costs under paragraph (f) of this clause, the Government shall have the right to terminate the

service under the Cancellation or Termination of Orders clause of this contract.

(End of Provision)

DFARS 252.247-7022 Representation of Extent of Transportation by Sea.

As prescribed in 247.573(a), use the following provision:

REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

December 07, 2021 1:15 AM Page 50 of 57

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of

supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea

clause of this solicitation.

(b) Representation.The Offeror represents that it-

[X] Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting

from this solicitation.

[ ] Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting

from this solicitation.

(3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror

represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation

Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of Provision)

DFARS 252.247-7023 Transportation of Supplies by Sea (Alternate I, II)

As prescribed in 247.573(b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (FEB 2019)

(a) Definitions. As used in this clause-

(1) "Components" means articles, materials, and supplies incorporated directly into end products at any level of

manufacture, fabrication, or assembly by the Contractor or any subcontractor.

(2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

(3) "Foreign flag vessel" means any vessel that is not a U.S.-flag vessel.

(4) "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international

waters.

(5) "Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose

contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of

the work or other requirement of the prime contract.

(6) "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or

owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a

reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of

every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment;

stores of all kinds; end items; construction materials; and components of the foregoing.

(7) "U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel

registered or having national status under the laws of the United States.

(b) (1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Noncommercial items; or

(B) Commercial items that-

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not

add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations,exercises, or forces deployed in humanitarian or

peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with

10 U.S.C. 2643.

December 07, 2021 1:15 AM Page 51 of 57

vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of other than U.S.-flag vessels in writing to the Contracting Officer at

least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests

submitted after such date

(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date

will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and

telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or

letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and

the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington,

DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following

information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this

contract a representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreignflag

ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written

consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

Item Description Contract Line Items Quantity

TOTAL

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required

representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt

Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this

contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

December 07, 2021 1:15 AM Page 52 of 57

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea,

that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that

supplies will be transported by sea, the Contractor shall-

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including

subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the

simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in

subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

ALTERNATE I (FEB 2019)

December 07, 2021 1:15 AM Page 53 of 57

As prescribed in 247.574(b) and (b)(2), use the following clause, which uses a different paragraph (b) than the basic

clause.

(a) Definitions. As used in this clause-

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture,

fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual

obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or

other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD

at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to

a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every

character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores

of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having

national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if the supplies being

transported are-

(i) Noncommercial items; or

(ii) Commercial items that-

(A) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not

add value to items that it subcontracts for f.o.b. destination shipment);

(B) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or

peacekeeping operations (Note: This contract requires shipment of commercial items in direct support of U.S. military contingency

operations, exercises, or forces deployed in humanitarian or peacekeeping operations); or

10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or

designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of other than U.S.-flag vessels in writing to the Contracting Officer at least 45

days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after

such date

(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date

will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and

telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or

December 07, 2021 1:15 AM Page 54 of 57

letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the

Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC

20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a

representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreignflag

ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written

consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

Item Description Contract Line Items Quantity

TOTAL

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the

Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this

contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting

Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor has indicated by the response to the solicitation provision, Representation of Extent of Transportation by Sea,

that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that

supplies will be transported by sea, the Contractor-

(1) Shall notify the Contracting Officer of that fact; and

(2) Hereby agrees to comply with all the terms and conditions of this clause.

(i) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for

commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the

simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in

subcontracts that are at or below the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation.

ALTERNATE II (FEB 2019)

December 07, 2021 1:15 AM Page 55 of 57

As prescribed in 247.574(b) and (b)(3), use the following clause, which uses a different paragraph (b) than the basic

clause.

(a) Definitions. As used in this clause-

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture,

fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual

obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or

other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD

at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to

a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every

character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores

of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having

national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if the supplies being

transported are-

(i) Noncommercial items; or

(ii) Commercial items that-

(A) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not

add value to items that it subcontracts for f.o.b. destination shipment);

(B) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or

peacekeeping operations (Note: This contract requires shipment of commercial items in direct support of U.S. military contingency

operations, exercises, or forces deployed in humanitarian or peacekeeping operations); or

10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or

designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of other than U.S.-flag vessels in writing to the Contracting Officer at least 45

days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after

such date

(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date

will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and

telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or

December 07, 2021 1:15 AM Page 56 of 57

letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the

Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC

20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a

representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreignflag

ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written

consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

Item Description Contract Line Items Quantity

TOTAL

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the

Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this

contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting

Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor has indicated by the response to the solicitation provision, Representation of Extent of Transportation by Sea,

that it did not anticipate transporting by sea any supplies, but the contractor learns after the award of the contract that supplies will

be transported by sea, the Contractor shall notify the Contracting Officer of that fact.

(i) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for

commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the

simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in

subcontracts that are at or below the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation.

(End of Provision)

December 07, 2021 1:15 AM Page 57 of 57

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