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Lapel Pins

Solicitation Number: HSSS01-14-R-0043
Agency: Department of Homeland Security
Office: United States Secret Service (USSS)
Location: Procurement Division
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HSSS01-14-R-0043
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Combined Synopsis/Solicitation
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Added: Apr 17, 2014 2:59 pm
 

HSSS01-14-R-0043


 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format prescribed in Subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. A subsequent solicitation document will not be issued. Solicitation HSSS01-14-R-0043 is issued as a Request for Proposal (RFP) though FAC 2005-72.  The NAICS is 339911. The United States Secret Service  intends to award a ( FFP) Firm Fixed Price competitive contract.   This procurement is restricted to Small Business concerns.  


 The U.S. Secret Service (USSS) has a requirement for lapel emblems in accordance with the following specifications.


 Inspection Process:


All tools and dies manufactured for the U.S. Secret Service will become the property of this Service and will be surrendered to the on-site Secret Service representative at the end of each work day for safe keeping. One or more representatives will be on-site throughout the stamping, trimming and numbering phase of the manufacturing process to insure strict accountability for all lapel emblems. All waste material accumulated during this phase will be controlled and destroyed by melting in the presence of the USSS representative at the end of each work day. Additional blanks (25 each) of the lapel emblems will be stamped, trimmed and turned over to the representative along with the tools and dies at the completion of this phase of the manufacturing process. The on-site representative will not be on-site after the numbering process, therefore, if lapel emblems are damaged during the completion of the manufacturing process, i.e. plating, enameling, polishing, carding etc., and replacements are required, the manufacturer must first submit the damaged lapel emblems to the U.S. Secret Service before replacements are shipped to the manufacturer. The manufacturer must establish a time table and provide such information to the U.S. Secret Service two weeks prior to manufacturing.  Representatives from the U.S. Secret Service Dignitary Protective Division Identification Section will travel to the location where the manufacturer will perform their duties.


 Security Requirements:


 Prior to the award of the contract, USSS representatives will perform an on-site survey of the proposed contractor's facilities for compliance with the following requirements. The contractor shall establish a restricted area where elements of the manufacturing process, to include stamping; trimming; numbering; enameling; polishing; and carding are conducted. The restricted area shall be either a secure room, wire cage, and/or a roped or cornered off area. The purpose of this area is to prohibit unauthorized personnel from accessing the lapel emblems during the manufacturing process. The contractor's facility shall be equipped with a combination style safe or vault to secure the lapel emblems from loss or theft during non-working hours; and also after the numbering process when the USSS representative is no longer on-site. The USSS requires all contractor personnel who are directly involved in the production of the lapel emblems, as well as the management team, to pass a USSS police name check process. The contractor shall provide the employee(s) name(s), date(s) of birth, and social security number(s) in accordance with the name check process. Upon review of name checks, a determination regarding an individual(s) ability to work on the USSS contract will be made. The proposed contractor will have an opportunity to provide substitute employee(s) for those employee(s) deemed unacceptable following the name check process. In addition, the contractor's facility shall be equipped with additional physical security measures to safeguard the lapel emblems from loss or theft. These security measures may include security guards, alarm systems, motion detectors, reinforced doors and windows. The proposed contractor will be briefed on the results of the on-site survey and given two weeks to remedy any security issues which are identified.


 Dies and Tools:


 The contractor will furnish all labor and material to provide the items listed above. Die and tool charges to be quoted separately. Dies and tools shall not be reproduced by the contractor for any use except within the context of this contract and then only by written consent of the contracting officers. All dies and tools used exclusively in the performance of this contract shall become the property of the U.S. Secret Service and will be returned upon completion of this order to the on-site representative.


 Sample:


The contractor will be required to submit color samples of the lapel emblems for approval prior to mass production.


 Note:


All requirements outlined in the aforementioned description will also apply to Line Items #1 - 2. Contractors must explain fully how their company meets the security requirements. Companies that have manufactured lapel emblems for the Secret Service within the past three years may have the on-site survey waived. In addition, employees of the company who have been satisfactorily named checked within one year of the awarded contract may have name checks waived.


 1.         U.S. Secret Service "150th Anniversary" Law Enforcement


     Lapel Emblem Sets:


 This emblem is to be manufactured from a sixteen gauge metal with a defined composition of 95% copper and 5% zinc. All pieces will be plated with heavy gold electroplating (HGE), not less than 100 mils. A one piece die struck construction, beveled with an outside diameter of 1"h X ¾"w overall. A fully modeled gold U.S. Secret Service Star, banner, and 150 years are raised to above the border. The border of the emblem is to have a highly polished edge. Enamel will be applied to the entire emblem with the exception of the border, USSS Star, banner, and 150 years.  The entire emblem will have a clear epoxy applied overall. This emblem is to be fashioned in such a manner as to prevent the epoxy from detaching itself from the pin.


 Numbering:


Each set of four (4) emblems shall be serial numbered on the reverse side from #0001 to #5000.


 Quantity:


 A total of 20,000 pieces (5,000 sets of four (4) emblems).


 Color: 


Four (4) colors to each set as follows: 


5,000 ea.                Gray                PMS 432


5,000 ea.           Dark Blue                    PMS 300


5,000 ea.           Red                             PMS 185


5,000 ea.         Yellow                     PMS 116


 


Findings:


The attachment will be constructed with a Ballou #9354 3/8" post with spur and Ballou #250 ball clutch. The post will be soldered 1/16" above the center with extra reinforcement to ensure fewer breakages.


 


Packaging:


One set of four (4) emblems on a numbered card (i.e., 1 ea. gray, dark blue, red, and yellow of #0001) should be attached to a numbered card and placed in a plastic envelope. Emblems sets of 100 cards should be boxed in sequential ordered then labeled outside by serial number.


 2.  U.S. Secret Service "150th Anniversary" Support Lapel Emblem Sets:


 This emblem is to be manufactured from a sixteen gauge metal with a defined composition of 95% copper and 5% zinc. All pieces will be plated with heavy silver electroplating (HSE), not less than 100 mils. A one piece die struck construction, beveled with an outside diameter of 1"h X ¾"w overall. A fully modeled silver U.S. Secret Service Star, banner, and 150 years are raised to above the border.  The border of the emblem is to have a highly polished edge. The entire emblem will have a clear epoxy applied overall. This emblem is to be fashioned in such a manner as to prevent the epoxy from detaching itself from the pin.


 Numbering:


Each set of four (4) emblems shall be serial numbered on the reverse side from #001 to #500.


 Quantity:


A total of 2,000 pieces (500 sets of four (4) emblems).


 Color: 


Four (4) colors to each set as follows: 


 


 500 ea.               Gray                            PMS 432


 500 ea.              Dark Blue                    PMS 300


 500 ea.               Red                             PMS 185


 500ea.           Yellow                              PMS 116


 


Findings:


The attachment will be constructed with a Ballou #9354 3/8" post with spur and Ballou #250 ball clutch. The post will be soldered 1/16" above the center with extra reinforcement to ensure fewer breakages.


 Packaging:


One set of four (4) emblems on a numbered card (i.e., 1 ea. gray, dark blue, red, and yellow of #0001) should be attached to a numbered card and placed in a plastic envelope. Emblems sets of 100 cards should be boxed in sequential ordered then labeled outside by serial number.


 Delivery:


Inside delivery on all items is required. All items should be received by the U.S. Secret Service no later than October 1, 2014.  Acceleration of delivery on all items is permitted at no additional cost to the government. The extent of quantity variations shall be limited to: increase of 0%; decrease none. Delivery of complete sets is required, broken or incomplete sets will not be accepted.


 Dies and Tools:


The contractor will furnish all labor and material to provide the items listed above. Die and tool charges to be quoted separately. Dies and tools shall not be reproduced by the contractor for any use except within the context of this contract and then only by written consent of the contracting officers. All dies and tools used exclusively in the performance of this contract shall become the property of the U.S. Secret Service and returned upon completion of this order to:


 COMMUNICATIONS CENTER - (SSD)


DIGNITARY PROTECTIVE DIVISION


245 MURRAY LANE, SW, BUILDING T-5


WASHINGTON, D.C. 20223


ATTN: MONICA BRADSHAW and ALYSIA JOHNSON


 


Samples:


The contractor will be required to submit a sample of the lapel emblem for approval after the dies and tools are completed and prior to mass production.                


                                                                                                                                        


Contract Clauses. 6


Clauses and Provisions Incorporated by Reference: 7


52.204-7 System for Award Management (JUL 2013) 7


52.212-4  Contract Terms and Conditions-Commercial Items. (JUL 2013) 7


Clauses and Provisions Incorporated by Full Text: 7


52.212-1  Instructions to Offerors-Commercial Items. (JUL 2013) 7


52.212-1  Additional Specific Offeror Instructions. 10


52.212- 2 Evaluation -Commercial Items. (JAN 1999) 13


52.212-3  Offeror Representations and Certifications-Commercial Items. (NOV 2013) 13


52.212-5  Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (JAN 2014) 26


52.217-7  Option for Increased Quantity -- Separately Priced Line Item (MAR 1989) 31


52.232-99 Providing Accelerated Payment to Small Business Subcontractors (DEVIATION 2012-00014) (August 2012) 32


52.252-2 Clauses Incorporated by Reference. (FEB 1998) 32


USSS 3052.204-90 Unauthorized Use of the U.S. Secret Service Name. 32


 


 


 


 


Contract Clauses


 


 


Clauses and Provisions Incorporated by Reference:


 


52.204-7 System for Award Management (JUL 2013)


52.212-4  Contract Terms and Conditions-Commercial Items. (JUL 2013)


 


Clauses and Provisions Incorporated by Full Text:


   52.212-1  Instructions to Offerors-Commercial Items. (JUL 2013) a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.



 




(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-


(1) The solicitation number;


(2) The time specified in the solicitation for receipt of offers;


(3) The name, address, and telephone number of the offeror;


(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;


(5) Terms of any express warranty;


(6) Price and any discount terms;


(7) "Remit to" address, if different than mailing address;


(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);


(9) Acknowledgment of Solicitation Amendments;


(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and


(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.


(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.


(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.


(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.


(f) Late submissions, modifications, revisions, and withdrawals of offers.


(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.


(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-


(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or


(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or


(C) If this solicitation is a request for proposals, it was the only proposal received.


(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.


(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.


(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.


(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.


(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.


(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.


(i) Availability of requirements documents cited in the solicitation. 


(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-


GSA Federal Supply Service Specifications Section
Suite 8100
470 East L'Enfant Plaza, SW
Washington, DC 20407


Telephone (202) 619-8925
Facsimile (202) 619-8978.


(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.


(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:


(i) ASSIST (http://assist.daps.dla.mil).


(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).


(iii) ASSISTdocs.com (http://assistdocs.com).


(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-


(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);


(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or


(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.


(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.


(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.


(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.


(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:


(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.


(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.


(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.


(4) A summary of the rationale for award;


(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.


(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.


(End of provision)


52.212-1  Additional Specific Offeror Instructions


 The United States Secret Service intends on awarding a single firm fixed price contract to the offeror that provides the best value to the U.S. Government.


 The award will be made based upon an integrated assessment of the evaluation factors described below. The combined evaluation factors are Technical Capabilities and Experience, Past Performance and Price.  Technical Capabilities are equal to past performance.  When combined, the non-price factors are of greater importance than price.


 Evaluation Factors:


 •1.      Technical Capabilities


•a.       Personnel Qualifications


•b.      Capability Statement


•c.       Safeguarding



•d.      Samples



•2.     
Past Performance



•3.      Price


 


 FORMAT AND SUBMISSION OF PROPOSAL


 The offeror shall proposals in accordance with the following format:


             PART A: General Business Information/Representations and Certifications


            PART B: Technical Approach


            PART C: Past Performance


            PART D: Price


 


 


PART A: General Business Information/Representations and Certifications


 The Offeror shall provide:


1) Name, title, telephone number, fax number, and email address of the point of contact.


2) Nine-digit DUNS. The DUNS is used to verify that the vendor is in SAM. By submitting a proposal, the Offeror acknowledges the Government requirement to be in the System Award Management (SAM) database prior to award of any contract. Information about SAM may be found at www.sam.gov.


3) Nine-digit TIN. The Taxpayer Identification Number is necessary for electronic payment.


4) FAR 52.212-3, Offeror Representations and Certifications-Commercial Items. If you have completed the annual representations and certifications electronically through ORCA at http://orca.bpn.gov, then provide a statement as such and it will be verified.


PART B: Technical Approach


            The offeror shall provide the following information


•1.      Personnel Qualifications: The offeror shall provide personnel that have demonstrated at least five years experience with manufacturing custom lapel pins.  The offeror shall provide evidence of this experience by submitting resumes, copies of technician license and a synopsis of each proposed key personnel to work on this effort.  If an offeror does not have the qualifications required, the offeror shall state that they have none, shall state why they are capable of performing this work and how they would accomplish the task, and justify that statement with valid reasons.   The offeror shall be evaluated on the overall level of experience.  Offerors with more experience in providing these skills will be given a higher rating


•2.      Capability Statement: The offeror shall provide a capability statement and management approach of how the offeror will successfully manufacture and deliver all required lapel pins, as outlined in the Statement of Work. The capability statement should describe what your company is capable of and highlights what your future capability is in relation to this requirement.  It should provide a company overview, what you do, and discuss your staff, equipment and resources. In this statement, demonstrate your understanding of the requirements listed in the SOW, as well as your knowledge of the services to be provided. The offeror's proposal shall demonstrate the practices and methodology to be used in performing the tasks at hand. In addition, the offeror shall demonstrate the management structure of the company in relation to this requirement. The Contractor shall also provide a timeline or schedule chart which reflects the major milestones and time frames for this requirement.  The timeline shall reflect how they intend to mitigate any delays and risk. The contractor must provide certification that they are performing at least 50% of the work, meaning that no more than 50% of the work for this requirement can be sub-contracted out.   Offerors will be rated on the level of expertise shown in the statement and their ability to perform the task.  A higher rating will be given to those that are able to show a high level of expertise for this requirement


•3.      Offerors shall provide a written description or blueprint addressing how the offeror will meet the safeguarding requirements outlined in the Statement of Work. 


•4.      Offerors shall provide a minimum of 4 sample pins. Pins must be of epoxy paint and shall include at least 4 PMS colors required within the Statement of Work. Along with samples, offerors shall provide a list of all PMS colors included in the samples.


Samples must be similar in size, material and assembly as the items outlined in the Statement of Work.


PART C: Past Performance


The offeror must submit past performance information from at least three (3) references. Past performance submissions must be from contracts similar in scope, price and must be within the past 3 (three) years. Past performance information MUST include the following:


•1.      Name of Company/Agency


•2.      Two (2) Points of Contacts from the company/agency with telephone numbers and email addresses


•3.      Address of Company/Agency


•4.      Contract Number


•5.      Dollar Amount


•6.      Brief description of work performed


•7.      Period of Performance


 


PART D: Price


 


The offeror shall include a price breakdown which includes the following information:


 


•1.       Unit price for each CLIN


•2.       Total Price for all CLINs


•3.       Total Price for complete fulfillment of this requirement


 SUBMISSION OF PROPOSALS


 All proposals must be submitted via email to Contract Specialist via Email at gregory.anderson@usss.dhs.gov NO LATER THAN 1 May 2014, at 5:00 PM EST


 All samples must be sent, via Fed Ex and post marked NO LATER THAN 1 May 2014,  at 5:00 PM EST. Failure to meet this deadline may result in ineligibility for award.  Samples shall be sent to the following address:


 COMMUNICATIONS CENTER (PRO)


ATTN: G. Anderson


245 Murray Lane, SW


Bldg. T-5


Washington, DC. 20223





52.212- 2 Evaluation -Commercial Items. (JAN 1999)



 


(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer  is the Lowest Price Technically Acceptable (LPTA)


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


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


(End of provision)


52.212-3  Offeror Representations and Certifications-Commercial Items. (NOV 2013)


As prescribed in 12.301(b)(2), insert the following provision:


Offeror Representations and Certifications-Commercial Items (Nov 2013)


An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.


(a) Definitions. As used in this provision-


"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.


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


(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or


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


"Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in  a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.


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


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


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


(3) FSG 88, Live Animals;


(4) FSG 89, Food and Related Consumables;


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


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


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


(8) FSC 9610, Ores;


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


(10) FSC 9630, Additive Metal Materials.


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


"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (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" 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.


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


(1) Directly by a parent corporation; or


(2) Through another subsidiary of a parent corporation.


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


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


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


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


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


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


(2) Whose management and daily business operations are controlled by one or more women.


"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.


(b)


(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.


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


[Offeror to identify the applicable paragraphs at (c) through (o) 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 will be performed in the United States or its outlying areas. Check all that apply.


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


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


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


(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002.


(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a women-owned small business concern.


(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-


(i) It o is,o 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 o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.


(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-


(i) It o is, o is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and


(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.


Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.


(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern.


(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________


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


(i) General. The offeror represents that either-


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


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


(ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]


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


(i) It o is, o 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 o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(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 HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.


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


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


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


(ii) It o has, o has not filed all required compliance reports.


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


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


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


(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.


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


(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies."


(2) Foreign End Products:






















Line Item No.



Country of Origin



______________



_________________



______________



_________________



______________



_________________



[List as necessary]


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


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


(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act."


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


Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:






















Line Item No.



Country of Origin



______________



_________________



______________



_________________



______________



_________________



[List as necessary]


(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product."


Other Foreign End Products:






















Line Item No.



Country of Origin



______________



_________________



______________



_________________



______________



_________________



[List as necessary]


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


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


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


Canadian End Products:


















Line Item No.



_______________________________________



_______________________________________



_______________________________________



[List as necessary]


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


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


Canadian or Israeli End Products:






















Line Item No.



Country of Origin



______________



_________________



______________



_________________



______________



_________________



[List as necessary]


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


(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":


Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:






















Line Item No.



Country of Origin



______________



_________________



______________



_________________



______________



_________________



[List as necessary]


(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)


(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."


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


Other End Products:






















Line Item No.



Country of Origin



______________



_________________



______________



_________________



______________



_________________



[List as necessary]


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


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


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


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


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


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


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


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


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


(ii) Examples.


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


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


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


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


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


(1) Listed end products.


















Listed End Product



Listed Countries of Origin



___________________



___________________



___________________



___________________



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


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


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


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


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


(2) o Outside the United States.


(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]


[  ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror o does o does not certify that-


(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;


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


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


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


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


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


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


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


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


(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and


(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.


(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)


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


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


(3) Taxpayer Identification Number (TIN).


TIN: ________________________________.


TIN has been applied for.


TIN is not required because:


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


Offeror is an agency or instrumentality of a foreign government;


Offeror is an agency or instrumentality of the Federal Government.


(4) Type of organization.


Sole proprietorship;


Partnership;


Corporate entity (not tax-exempt);


Corporate entity (tax-exempt);


Government entity (Federal, State, or local);


Foreign government;


International organization per 26 CFR 1.6049-4;


Other ________________________________.


(5) Common parent.


Offeror is not owned or controlled by a common parent;


Name and TIN of common parent:


Name ________________________________.


TIN _________________________________.


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


(n) Prohibition on Contracting with Inverted Domestic Corporations.


(1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874.


(2) Representation. By submission of its offer, the offeror represents that-


(i) It is not an inverted domestic corporation; and


(ii) It is not a subsidiary of an inverted domestic corporation.


(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.


(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.


(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-


(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;


(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and


(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 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 http://www.treasury.gov/ofac/downloads/t11sdn.pdf).


(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-


(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and


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


(End of provision)


 


52.212-5  Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (JAN 2014) 


As prescribed in 12.301(b)(4), insert the following clause:


Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2014)


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


(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).


___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).


(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).


(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).


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


[Contracting Officer check as appropriate.]


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


_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).


__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)


x__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).


__ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5).


__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).


__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).


__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).


__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).


__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).


__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).


__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).


__ (13) [Reserved]


_x_ (14)(i)  52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).


__ (ii) Alternate I (Nov 2011).


__ (iii) Alternate II (Nov 2011).


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


__ (ii) Alternate I (Oct 1995) of 52.219-7.


__ (iii) Alternate II (Mar 2004) of 52.219-7.


__ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).


__ (17)(i)  52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).


__ (ii) Alternate I (Oct 2001) of 52.219-9.


__ (iii) Alternate II (Oct 2001) of 52.219-9.


__ (iv) Alternate III (Jul 2010) of 52.219-9.


__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).


__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).


__ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).


__ (21)(i)  52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).


__ (ii) Alternate I (June 2003) of 52.219-23.


__ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).


__ (23) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).


__ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).


__ (25)  52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).


__ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).


__ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).


_x_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).


_x_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).


_x_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).


_x_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).


_x_ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).


_x_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).


x__ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).


x__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).


__ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)


__ (37)(i)  52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)


__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)


__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).


__ (39)(i)  52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).


__ (ii) Alternate I (Dec 2007) of 52.223-16.


__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).


_x_ (41) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d).


__ (42)(i)  52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).


__ (ii) Alternate I (Mar 2012) of 52.225-3.


__ (iii) Alternate II (Mar 2012) of 52.225-3.


__ (iv) Alternate III (Nov 2012) of 52.225-3.


__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).


__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).


__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).


__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).


__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).


__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).


__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).


__ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).


__ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).


__ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).


__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).


__ (54)(i)  52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).


__ (ii) Alternate I (Apr 2003) of 52.247-64.


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


[Contracting Officer check as appropriate.]


__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).


__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).


__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).


__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).


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


__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).


__ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495).


__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).


__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).


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


(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.


(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.


(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.


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


(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).


(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.


(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.


(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).


(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).


(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).


(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.


(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).


(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).


___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).


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


(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).


(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).


(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).


(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.


(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.


(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.


(End of clause)


52.217-7  Option for Increased Quantity -- Separately Priced Line Item (MAR 1989)


 


The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.


(End of Clause)


 


52.232-99 Providing Accelerated Payment to Small Business Subcontractors (DEVIATION 2012-00014) (August 2012)


This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.


(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.


(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.


(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.


(End of Clause)


 


 


52.252-2 Clauses Incorporated by Reference. (FEB 1998)


 


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

Federal Acquisition Regulation (FAR):
. . . www.arnet.gov/far
Homeland Security Acquisition Regulation (HSAR):
. . .  http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0419.xml


 


(End of clause)


 


 


 


USSS 3052.204-90 Unauthorized Use of the U.S. Secret Service Name


 


In accordance with 18 U.S.C. 709, any contractor, except with the written permission of the Director of the U.S. Secret Service, who knowingly uses the words "Secret Service", "Secret Service Uniformed Division", "U.S.S.S.", "U.D." or any colorable imitation or such words or initials, in connection with or as a part of any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, other production, product or item, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, product, or item, is approved, endorsed, or authorized by or by associated in any manner with, the U.S. Secret Service or the U.S. Secret Service Uniformed Division shall be punishable as follows:  a corporation, partnership, business trust, association, or other business entity, by a fine under this title; an officer or member thereof participating or knowingly acquiescing in such violation or any individual violating this section, by a fine under this title or imprisonment for not more than one year, or both.


 


(End of clause)


 


 



 


 

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