Annual Service Inspection, Maintenance and On-Call repair for Air Compressors and Seccant Filtration Systems
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. (ii) This solicitation document, H92239-19-Q-0001, is issued as a Request for Quote (RFQ). (iii) This solicitation document incorporates provisions and clauses that are in effect tough Federal Acquisition Circular 2005-100, effective August 22, 2018. (iv) This requirement is 100% set-aside for total Small Businesses and only qualified vendors may submit quotes. Quotes received from other than small business will be rejected. The North American Classification System (NAICS) code is 811310, "Commercial and Industrial Machinery and Equipment Repair and Maintenance", with a size standard of $7,500,000 dollars. This solicitation is issued under Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures for Certain Commercial Items and FAR Part 12. (v) Prices shall be listed for each Contract Line Item Number (CLIN) of this RFQ. The following is a list of the associated CLINs: ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 Each Annual Maintenance Inspection/ Parts FFP Base Period: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 1 Job $20,000.00 (Not to Exceed) As-Needed Repairs (Emergency and Non-Emergency) Cost Reimbursable Base Period: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services. Provide Hourly Repair Rate__________ ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1001 1 Each Annual Maintenance Inspection/ Parts FFP Option Period One: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1002 1 Job $20,600.00 (NTE) As-Needed Repairs (Emergency and Non-Emergency) Cost Reimbursable Option Period One: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services. Provide Hourly Repair Rate__________ ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2001 1 Each Annual Maintenance Inspection/ Parts FFP Option Period Two: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2002 1 Job $21,218.00 (NTE) As-Needed Repairs (Emergency and Non-Emergency) Cost Reimbursable Option Period Two: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services. Provide Hourly Repair Rate__________ ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3001 1 Each Annual Maintenance Inspection/Parts FFP Option Period Tee: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3002 1 Job $21,855.00 (NTE) As-Needed Repairs (Emergency and Non-Emergency) Cost Reimbursable Option Period Tee: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services. Provide Hourly Repair Rate__________ ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4001 1 Each Annual Maintenance Inspection/Parts FFP Option Period Four: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4002 1 Job $22,510.00 (NTE) As-Needed Repairs (Emergency and Non-Emergency) Cost Reimbursable Option Period Four: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services. Provide Hourly Repair Rate__________ (vi) This requirement provides annual maintenance services and as-needed repairs of Bauer Air Compressors. The required services will be performed on four (4) Bauer Air Compressor Units and two (2) Seccant Filtration Systems. The annual maintenance will be performed once per year. (vii) Services shall be performed at the United States Army John F. Kennedy Special Warfare Center and School (USAJFKSWCS) Dive School in Key West, Florida. The period of performance consists of a base period of twelve (12) months and four (4) one-year options. Performance is estimated to begin on/around 10 February 2019. (viii) The provision at FAR 52.212-1, Instruction to Offerors- Commercial Items, applies to this acquisition. FAR 52.212-1 ADDENDUM 52.212-1 INSTRUCTIONS TO OFFERORS -COMMERCIAL ITEMS ADDENDUM 1) Replace paragraph (b) entitled "Submission of Offerors" with the following instructions: (b) Submission of Quotes. Submit signed and dated quote at or before the date specified in this solicitation. Failure to provide all required documents or information may exclude the Vendors from further consideration. Only signed quotes submitted will be accepted. Quotes shall be submitted electronically to Mrs. Rochene Carroll, Contract Specialist, rochene.carroll@socom.mil and Mr. Justin Burke, Contracting Officer, justin.burke@socom.mil. This is an electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted to Federal Business Opportunities (FBO) at www.fbo.gov . It is the responsibility of each vendor to review the webpage for notice of amendments, updates, or changes to current information. All inquiries during the solicitation phase should be directed to the Procuring Contracting Officer (PCO) Mr. Justin Burke at justin.burke@socom.mil and courtesy copy (cc:) Contract Specialist, Mrs. Rochene Carroll, rochene.carroll@socom.mil Vendors are requested to review the solicitation and submit only written questions and/or comments with email subject line reference: Ref: Annual Air Compressor/Seccant Filtration Maintenance/repair Support H92239-19-Q-0001. All questions must be submitted no later than Tuesday, 15 January 2019 at 4:00 P.M. EST. to allow a reasonable time for the Government to respond. All quotes are due no later than Tuesday, 22 January 2019 at 4:00 PM EST. The quote shall be no more than 5 pages (8.5 x 11 inch paper, Times New Roman, 10 font minimum, MS Word 2010 or earlier) and must contain the following: TAB A-Factor 1: Technical Capability: The Vendor shall provide: i. Subfactor 1: Permits/Certifications/Registrations: The Vendor shall provide valid proof of its factory authorization with Bauer Compressor, Incorporation to be an authorized Bauer Compressor, Inc. sales and service distributors. Any presented certifications shall NOT count against the page limit. ii Subfactor 2: Technical Understanding. The Vendor shall provide a narrative that demonstrates its understanding to meet the requirements in accordance with the Performance Work Statement (PWS) for this contract. To demonstrate this, the contractor shall discuss the following: a. Discuss its capability to provide the requested service maintenance/inspection on Air Compressors and Seccant Filtration systems. b. Discuss its plan to meeting the Government's emergency and non-scheduled repair request(s). c. Discuss its ability to provide Brand Name Original Equipment Manufacturer (OEM) recommended service/replacement parts for all items identified in the PWS and Brand Name Justification and Approval. iii Subfactor 3: Technical Experience. The Vendor shall demonstrate relevancy of corporate experience and core competency in providing maintenance and repair to Air Compressors and Seccant Filtration systems. TAB B - Factor 2: Price: The Vendor Shall provide: i. Subfactor 1: Pricing: The Vendor shall provide its proposed pricing in accordance with the Contract Line Item Number (CLIN) structure in this combined/synopsis. The Vendor shall also include a total proposed price by adding all the CLINS together. All quotes will be ranked according to price, including option prices. A vendor's proposed prices will be determined by multiplying the quantities identified in the schedule by the proposed unit price for each CLIN to confirm the extended amount for each. All extended CLIN amounts will be totaled for evaluation purposes. Individual pricing for each line must be completed. Price will be evaluated for reasonableness. Reasonableness will be determined based on prices submitted by the competition, current market conditions, and comparison to the Government estimate, if applicable. If the Government deems this information is not sufficient to determine reasonableness, the Government may use other techniques as appropriate to determine price reasonableness for the acquisition. TAB C - Acknowledgment of Solicitation Amendments. The vendor must submit a statement to acknowledge solicitation amendments, if applicable. TAB D - Representations and Certifications. The vendor must complete and submit the required representations and certifications in accordance with FAR 52.212-3 Alt I and DFARS 252.212-7000. 2. Replace paragraph (c) entitled "Period for acceptance of offers" with the following instructions: Period for acceptance of offers. The Vendor agrees to hold the prices in its offer firm for 90 days from the date specified for receipt of quotes. 3) Replace paragraph (e) entitled "Multiple offers" with the following instructions: (e) Multiple quotes. Vendors should submit only one quote presenting the terms and conditions or commercial items for satisfying the requirements of this solicitation. 3) Replace paragraph (g) entitled "Contract Award (not applicable to Invitation for Bids) with the following instructions: (g) Contract award (not applicable to Invitation for Bids). Quotations shall contain the Vendor's best technical and price terms. The Government intends to evaluate quotes and award a contract without discussions with Vendors. Therefore, the Vendor's initial quote should contain its best terms from a price and technical standpoint. The Contracting Officer will not negotiate with any Vendors other than those of the Government's choice and will not use the formal source selection procedures described in FAR Part 15. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest quote; and waive informalities and minor irregularities in quotes received. 4) Replace paragraph (h) entitled "Multiple awards" with the following instructions: (h) Multiple awards. The Government will award on an "all or none" basis. (ix) The Provision at FAR 52.212-2, Evaluation- Commercial Items, applies to this acquisition. (a) The Government will award a contract resulting from this solicitation to the responsible Vendor whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: 1.0 BASIS FOR AWARD - 1.1 Basis of Award: The Government will award a contract resulting from this solicitation to the responsible Vendor whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The policies and procedures under the Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with FAR Subpart 13, Simplified Acquisition Procedures, will be utilized for this procurement. 1.2 The Government's technical evaluation team will evaluate the quote to determine if it is either Technically Acceptable or Technically Unacceptable (price excluded). In order to be considered Technically Acceptable, the quote for each factor must be determined Acceptable and must demonstrate an understanding of the requirement that meets the needs of the solicitation and PWS. Failure to meet the criteria will render the quote to be Technically Unacceptable and will not be considered for award. 1.3 The Government will evaluate the quote strictly in accordance with this solicitation and will not assume that performance will include areas not specified in the Vendor's submission. 1.4 The Government intends to award the contract without discussions. Therefore, the quote should contain the Vendor's best terms from Technical Capability and Price Reasonableness standpoint. Additional oral or written information from the Contractor may be requested. The Government reserves the right to conduct discussions. If a revised quote is requested, it will be evaluated against the same criteria as was the initial quote. 2. EVALUATION CRITERIA The Government will use the criteria set forth below to evaluate and select the awardee. Evaluation criteria consist of two (2) evaluation factors. The quotes will be evaluated under the following evaluation factors: Factor 1: Technical Capability Subfactor 1: Permits/Certifications/Registrations Subfactor 2: Technical Understanding Subfactor 3: Technical Experience Factor 2: Price Assigning Ratings: The Technical Capability Factor will be assigned one of the ratings defined below. To be considered technically acceptable, Vendor must demonstrate the capability to provide the requirements set forth in the PWS. The Government will not roll up subfactors for an overall Factor 1 rating. In order to be considered for award, there must be an "acceptable" rating in every technical subfactor. Table A-1. Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Quote clearly meets the minimum requirements of the solicitation. Unacceptable Quote does not clearly meet the minimum requirements of the solicitation. Factor 1 - Technical Capability. i. Subfactor 1: Permits/Certifications/Registrations: The Vendor will be evaluated to ensure that it presented its proof of its factory authorization with Bauer Compressor, Incorporation to be an authorized Bauer Compressor, Inc. sales and service distributor. Failure to meet this subfactor will preclude any further evaluation. ii. Subfactor 2: Technical Understanding. The Vendor's Technical Understanding must demonstrate a thorough understanding of all the requirements in the PWS. The Vendor will be evaluated as follows: a. The Government will evaluate the Vendor's approach to determine whether they demonstrated an acceptable approach to meet the Government's need in maintenance and repair of the Air Compressor and Seccant Filtration systems accordance with the Performance Work Statement (PWS). b. The Government will evaluate the Vendor's approach to determine whether they demonstrated a feasible plan to meet the Government's emergency and non-scheduled repair request(s). c. The Government will evaluate the Vendor's approach to determine whether they demonstrated their ability to provide Brand Name Original Equipment Manufacturer (OEM) parts as identified in the PWS and Brand Name Justification and Approval (J & A). iii. Subfactor 3: Technical Experience. The Vendor's Technical Experience will be evaluated to ensure that the Vendor has at least tee (3) years corporate experience in the type of service industry required by this PWS. The Government will evaluate each Vendors organizational experience on the basis of it depth and its relevance to the work that will be required under the resultant contract. Factor 2 - Price. As authorized under FAR Subpart 13, simplified procedures will be used to evaluate offer and award the contract. Proposed price will be evaluated for reasonableness using the price analysis techniques provided under FAR Part 13.106-3. Price shall be quoted in accordance with the CLIN(s) structure (0001-4002) provided, in the event an award is made. Price quote evaluations will consider the entire period of performance (including FAR 52.217-8 for the maximum potential extension period of 6 months) for a total overall evaluated Price. The Government will roll-up CLIN prices into an overall total price for the overall evaluated price. The unit price shall include a firm fixed price for each priced CLIN. Quotes shall remain valid for a minimum of 90 days. The Government intends to award a contract based on contractor's responsibility and determination of a fair and reasonable price. (b) Options. The Government will evaluate quotes 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) Extension. As part of the price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding six months of the offeror's final option period price to the offeror's total price. Offerors shall not submit a price for the potential six month extension of services period. The Government may choose to exercise the Option to Extend the Term of the Contract at the end of any performance period (base or option periods), utilizing the rates of that performance period. Evaluation of options shall not obligate the Government to exercise the option(s) (d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Vendor 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. (x) The Provision at FAR 52.212-3 Offeror Representations and Certifications Commercial Items, applies to this acquisition. The Offeror's representations and certifications must be entered within the System for Award Management website (www.sam.gov) for consideration for award. (xi) The Clause at FAR 52.212-4 Contract Terms and Conditions Commercial Items, applies to this acquisition. (xii) The Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items applies to this acquisition. Applicable clauses under FAR 52.212-5 are as follows (available at https://farsite.hill.af.mil): 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 52.204-10, Reporting Executive Compensation and First Tier Subcontract Awards; 52.219-6, Notice of Total Small Business Set-Aside; 52.219-28, Post Award Small Business Program Representation; 52.222-3, Convict Labor; 52.222-19, Child Labor--Cooperation with Authorities and Remedies; 52.222-21, Prohibition of Segregated Facilities; 52.222-26, Equal Opportunity; 52.222-35, Equal Opportunity for Veterans; 52.222-36, Equal Opportunity for Workers with Disabilities; 52.222-37, Employment Reports on Veterans; 52.233-11, Ozone Depleting Substances; 52.223-12, Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Air Conditioners; 52.222-50, Combating Trafficking in Persons; 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving; 52.223-20, Aerosols; 52.225-1, Buy American-Supplies; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (xiii) The following FAR provisions and clauses apply to this acquisition: CLAUSES INCORPORATED BY REFERENCE 52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First Tier Subcontractor Awards OCT 2018 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.212-1 Instructions to Offerors- Commercial Items OCT 2018 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representations Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.216-7006 Ordering MAY 2011 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7008 Prohibition of Hexavalent Comium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2017) DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014 CLAUSES INCORPORATED BY FULL TEXT 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) tough (u) of this provision. (a) Definitions. As used in this provision -- "Economically disadvantaged women-owned small business (EDWOSB) Concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (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. "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. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned-- (1) Directly by a parent corporation; or (2) Tough 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 tough 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 the stock of which 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 its stock is owned by one or more women; or (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 electronically on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed tough https://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) tough (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 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 ( ___ ) is, ( ___ ) is not a small business concern. (2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-- (i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-- (i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition teshold. (8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___ (10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that-- (i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [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) Certifications and representations required to implement provisions of Executive Order 11246-- (1) Previous Contracts and Compliance. The offeror represents that-- (i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and (ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-- (i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or (ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has 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--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--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Baainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.'' (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Baainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'': Free Trade Agreement Country End Products (Other than Baainian, 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-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 (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. ___ ___ ___ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ___ ___ ___ ___ ___ ___ [List as necessary] (4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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 Free Trade Agreement country end products (other than Baainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'': Free Trade Agreement Country End Products (Other than Baainian, 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 statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition teshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ___ ] Have, [ ___ ] have not, within a tee-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ___ ] Have, [ ___ ] have not, within a tee-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 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 appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countriesof Origin ___ ___ ___ ___ ___ ___ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( ___ ) Outside the United States. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-- (1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( ___ ) Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ___ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ___ ) does ( ___ ) does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ___ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ___ ) does ( ___ ) does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards 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) tough (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) 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. (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 $3,500 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 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. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation. (1) The Offeror represents that it [ ___ ] 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 (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ___ Immediate owner legal name: ___ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: [ ___ ] Yes or [ ___ ] No. (3) If the Offeror indicates "yes" in paragraph (p)(2) 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: ___ Highest level owner legal name: ___ (Do not use a "doing business as" name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by section 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- (i) 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 and 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 (ii) 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. (2) The Offeror represents that-- (i) It is [ ___ ] 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 (ii) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it [ ___ ] is or [ ___ ] is not a successor to a predecessor that held a Federal contract or grant within the last tee years. (2) If the Offeror has indicated ``is'' in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last tee years (if more than one predecessor, list in reverse conological order): Predecessor CAGE code: ___ (or mark ``Unknown''). Predecessor legal name: ___ . (Do not use a ``doing business as'' name). (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)). (1) This representation shall be completed if the Offeror received $7.5 million or more in 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. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or tough 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. (ii) The Offeror (itself or tough its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose a quantitative greenhouse gas 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. (iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported: ___ . (u)(1) 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 appropriated (or otherwise made available) funds 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. (2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (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. (3) 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) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor any time prior to contract expiration. (End of clause) 52.217-9 OPTION TO EXTED THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor anytime prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least anytime before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months. (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): https://www.acquisition.gov/browsefar http://farsite.hill.af.mil (End of clause) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 5652.204-9004 Foreign Persons (2006) Section K In accordance with restrictions required by Executive Order 12470, the Arms Export Control Act (Title 22, USC) (Sec 275), the International Traffic in Arms Regulation (ITAR), or DoD Directive 5230.25, Withholding of Unclassified Technical Data from Public Disclosure, no foreign persons will be permitted to work on a contract without notifying the Contracting Officer. Provide the following information for all foreign persons who will be working on the contract (or "X" here if there are no such individuals: ____): 1) Full Name: 2) Date of Birth: 3) Place of Birth: 4) Nationality: 5) Social Security Number: 6) Visa Status: 7) Current Address: 8) If a Subcontractor, Subcontractor Name and Address: 9) Biographic data and/or resume: (end of clause) 5652.228.9000 REQUIRED INSURANCE (2003) Section G The kinds and minimum amounts of insurance required in accordance with 52.228-5 "Insurance-Work on a Government Installation" are as follows: TYPE AMOUNT Automobile Bodily Injury Liability $200,000 per person/ $500,000 per occurrence Property Damage Liability $20,000 per occurrence Workers Compensation & Occupational Disease As required by federal and State Statutes Employer's Liability $100,000 5652.233-9000 Independent Review of Agency Protests (2013) Section I All protests shall be submitted tough the Contracting Officer. A request for an independent review of the protest decision shall be made tough the Contracting Officer to the HCD/FCO. If the HCD/FCO is the Contracting Officer, submit the request in accordance with FAR 33.103(d)(4) to: Chief, SOF AT & L-KM or SOF AT & L-KX as appropriate, 7701 Tampa Point Blvd., MacDill AFB, FL 33621, Fax (813) 826-7504. 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall-- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests tough WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). COMBO (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the Contracting Officer. Destination (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* -------------------------------------------------------------------------------------------- Field Name in WAWF Data to be entered in WAWF -------------------------------------------------------------------------------------------- Pay Official DoDAAC: TBD Issue By DoDAAC: TBD Admin DoDAAC: TBD Inspect By DoDAAC: TBD Service Acceptor (DoDAAC): TBD -------------------------------------------------------------------------------------------- (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system: TBD (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. TBD (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) ADDITIONAL TERMS AND CONDITION AUTHORIZED CHANGES The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by a warranted USASOC Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause. In the event the Contractor effects any change at the direction of any person other than a warranted Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The address and telephone number of the Primary Contracting Officer is: Justin W. Burke USASOC, DCSC HQ USASOC, Ft. Bragg, NC : TBD Fax: 910-432-9345 Email: TBD The address and telephone number of the Alternate Contracting Officer is: Jennifer Payne USASOC, DCSC HQ USASOC, Ft. Bragg, NC : TBD Fax: 910-432-9345 Email: TBD (xiv) The Defense Priorities and Allocations System is not applicable to this solicitation. (xv) Submission of Offers: Offers shall be forwarded to Mrs. Rochene Carroll via email to Rochene.carroll@socom.mil and cc Mr. Justin Burke at Justin.burke@socom.mil by Tuesday, 22 January 2019 at 4:00 PM EST. Facsimile submissions will not be accepted. Vendors shall provide an offer using the pricing schedule provided in this combined solicitation. All questions must be submitted no later than Tuesday, 15 January 2019 at 4:00 PM EST. (xvi) The point of contact for this acquisition is Mrs. Rochene Carroll and she can be reached at 910-432-6133. An additional point of contact is Mr. Justin Burke and he can be reached at 910-396-0552. PERFORMANCE WORK STATEMENT (PWS) Annual Service Inspection, Maintenance and On-Call repair for Dive School Air Compressors and Seccant Filtration Systems Part 1 General Information 1. GENERAL: This is a non-personal services contract to provide annual maintenance services and repair of Bauer Air Compressors. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. 1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, labor, supervision, and other items and non-personal services necessary to perform annual inspections services, and maintenance repair of the Bauer Air Compressor and Seccant Filtration Systems at the Dive School in Key West, Florida as defined in this Performance Work Statement except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract. 1.2 Background: The United States Army John F. Kennedy Special Warfare Center and School (USAJFKSWCS) Dive School in Key West, Florida has a requirement for annual maintenance and repair services for (4) four Bauer Air Compressor Units and (2) Seccant Filtration Systems. This Dive School equipment is critical for daily operation and mission support for the Dive School training mission. 1.3 Objectives: The objective of this contract is to provide annual inspections and both scheduled and unscheduled maintenance for Air Compressors and Seccant Filtration Systems allowing the Army to meet training requirements in the Combat Dive Qualification Course. 1.4. Scope: This contract includes all functions, tasks and responsibilities normally performed for Air Compressor Maintenance. The Contractor shall be responsible for both scheduled and unscheduled maintenance. The Contractor shall comply with all applicable laws and regulations, including but not limited to Federal Law, Occupational Safety and Health Administration (OSHA) regulations, Naval and installation regulations. 1.5. Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. 1.6 General Information 1.6.1 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's quality control program is the means by which he assures himself that his work complies with the requirement of the contract. 1.6.2 Recognized Holidays: The Contractor maybe required to perform emergency services on Federal Holidays as required by this PWS. All preventative maintenance shall be on normal working days. New Year's Day 1st day of January Martin Luther King 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Cistmas Day 25th day of December 1.6.3 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 7:00AM and 4:00PM (EST Eastern Standard Time) Monday tu Friday. 1.6.4 On-call response requirement: The Contractor shall provide support via a reply by electronic or telephonic means within a twenty four (24) hour response time from the moment of the Government's initial contact Monday-Friday from 7:00AM to 4:00PM. This communication must include a plan to address/remediate the issues identified in the initial communication from the Government. 1.6.4.1. Emergency and Non-Emergency Repairs: On occasion, services may be required to support repairs outside the normal duty hours described above; weekend/holiday services are considered emergency services and are to be distinguished from routine services. Emergency services must be authorized by the KO in advance. 1.6.5 Place of Performance: The work to be performed under this contract will be performed at Dive School (building provided after award) in Key West, Florida. 1.6.5.1. The Contractor shall make repairs on-site. 1.6.6 Type of Contract: The Government will award a Firm Fixed Price contract with a cost reimbursable CLIN. Any repair/emergency work will be separately negotiated and issued under the cost reimbursable CLINs: 0002, 1002, 2002, 3002 and 4002. All work for the cost reimbursable CLINs must be approved in writing by the Contracting Officer prior to any services being performed. 1.6.7 Security Requirements: 1.6.7.1 Physical Security: The Contractor shall be responsible for safeguarding all Contractor equipment, supplies, and vehicles while on the job site. 1.6.7.2. Access and general protection policy and procedures. All contractor employees, including subcontractor employees, requiring access to an Army or USSOCOM controlled installations, facility, or area shall comply with applicable security policies and procedures (provided by the electronic recorders, devices, cameras, etc. If the Contractor is required to take photographs or videos on a Government Installation, the Contractor must obtain written permission from the Senior Commander. The Contractor shall also provide all information required for background checks to meet installation and facility access requirements to be completed by the installation Provost Marshall Office, Director of Emergency Services, or Security Office. The Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, USSOCOM, USASOC and/or local policy. In addition to the changes otherwise authorized by the changes clause in this contract, should Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes. 1.6.7.3. Escort: All contractor employees, including subcontractor employees, who are not in possession of the appropriate security clearance shall be escorted in areas where they may be exposed to classified and/or sensitive materials. The vendor will coordinate with the POC and/or facility security office for access when required. 1.6.8. Special Qualifications: The contractor is responsible for ensuring all employees have the proper licenses and certifications for the state of Florida to properly operate and maintain equipment. IAW with OHSA and State requirements. 1.6.9. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer (KO), Point of Contact (POC) and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. 1.6.10. Technical Point of Contact (POC): The POC monitors all technical aspects of the contract and assists in contract administration. The POC is authorized to perform the following functions; assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, and provide site entry of Contractor personnel. The POC is not authorized to change any of the terms and conditions of the resulting order. 1.6.11. Identification of Contractor Employees: All contract personnel working on air compressors and equipment, where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed 1.6.12. Contractor Travel: Shall be IAW Joint Travel regulations. 1.6.13. Conflict of Interest & Employment of Government Personnel: The Contractor shall not knowingly employ any person who is a U.S. Government employee if employing that person would create a conflict of interest. Additionally, the Contractor shall not knowingly employ any person who is an employee of the Government, either military or civilian, unless such person seeks and receives written approval according to DOD 5500.7.R, Joint Ethics Regulations (JER) by the individual's commanders or director. A copy of the authorization will be provided to the POC. 1.6.14. Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees. 1.7 Contractor Vehicles 1.7.1. All Contractor vehicles shall be readily identifiable. Identification shall include displaying Contractor's name in a clear and unobstructed location on the vehicle. 1.7.2. Motor vehicles entering Fort Keyes Operational Area shall be properly licensed, insured, and registered with the Installation Access Pass Office. PART 2 DEFINITIONS & ACRONYMS 2. DEFINITIONS AND ACRONYMS: 2.1. DEFINITIONS 2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime. 2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government. 2.1.3. POINT OF CONTACT (POC). An employee of the U.S. Government authorized by the contracting officer to administer the contract. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. 2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement. 2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports. 2.1.6. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property. 2.1.7. QUALITY ASSURANCE. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards. 2.1.8. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements. 2.1.9. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor. 2.1.10. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract. 2.1.11. WORK WEEK. Monday tough Friday, unless specified otherwise. 2.2. ACRONYMS: ACD Automatic Condensate Drain CFR Code of Federal Regulations CO Carbon Monoxide DA Pam Department of Army Pamphlet DOD Department of Defense FAR Federal Acquisition Regulation GFE Government Furnished Equipment GFM Government Furnished Material GFP Government Furnished Property IAW In accordance with KO Contracting Officer POC Point of Contact PMV Pressure Maintaining Valve PSI Pounds Per Square Inch PWS Performance Work Statement PART 3 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES 3. GOVERNMENT FURNISHED ITEMS AND SERVICES: The Contractor shall be provided access to the following units: 3.1. (4) Four Bauer K60 IK23 Compressor units: Serial numbers provided at award. 3.2. (2) Two Seccant Filtration Systems: Serial numbers provided at award PART 4 CONTRACTOR FURNISHED ITEMS AND SERVICES 4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: 4.1 The Contractor shall provide all labor, supervision, transportation, vehicles, supplies, equipment, materials, and services required to perform work under this contract. 4.1.2. Contractor shall provide written certification that it is an authorized Bauer Factor service and distributor. 4.1.2.1 Contractor shall ensure all personnel performing inspections and repairs are certified to work on Bauer Equipment. 4.3. Materials: The Contractor shall provide materials to meet the performance of this contract such as but not limited to: repair parts, oil/grease and fluids for air compressors(s) and Seccant Filtration Systems. 4.4. Equipment: The Contractor shall provide all necessary equipment to meet the performance of this contract. 4.5 Contractor Responsibilities 4.5. Responsibilities of the Contractor: The Contractor shall provide a safe working environment for all persons in his/her employ as prescribed by 29 CFR 1910 "Occupational Health and Safety". The Contractor shall be responsible for all damages to persons and property that occur in connection with the work and service under this contract, without recourse against the Government. 4.5.1. Contractor shall exercise extreme caution to protect building finishes, private property military property, etc., from damage during the performance of these contract requirements. Contractor shall be responsible for all loss or damage or whatever kind and nature to all government property, while in the performance of these contract requirements, which results in whole or in part from the negligence or missions of Contractor, any of his subcontractors or any employee, agent or any representative of the Contractor or subcontractor(s). 4.5.2. The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, 50 State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall obtain base identification passes for all personnel and are required to wear or prominently display installation identification badges or contractor-furnished, Contractor identification badges while visiting or performing work on the installation. 4.5.3. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work. 4.5.4. Safety Requirements: In order to provide safety control for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contact, the Contractor shall comply with Safety Accident Prevention Standard(s): 29 CFR 1910, Occupational Safety and Health Standards. The Contractor shall comply with that above and all other applicable DoD, Army, Federal, State and Local safety and health requirements. 4.5.5. Reporting of Fire and Safety Hazards: The Contractor shall train personnel to recognize fire and safety hazards and encourage personnel in the performance of their duties to report fire and safety hazards and unsafe conditions to their supervisor. The Contractor shall take corrective action to remedy reported deficiencies IAW the terms of this contract. The POC shall be notified of deficiencies beyond the terms of this contract. 4.5.6. Environment and OSHA: The Contractor shall comply with all local, State, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, State, and Federal environmental and occupational safety laws, rules, regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the Contracting Officer or authorized representative for final resolution. The Contractor shall notify the Contracting Officer or authorized representative in writing in addition to any verbal notification of such conflict. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local State, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the Contracting Officer or authorized representative to halt any and all Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of a serious hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall notify the Contracting Officer or designated point of contact representative. 4.5.7. Reporting Mishaps: The Contractor shall adhere to reporting of mishaps IAW AR 385-10, The Army Safety Program and DA Pam 385-40, Army Accident Investigations and Reporting. In addition the Contractor shall report: (1) Injury or occupational illness to on-duty Contractors; (2) Damage to GFM, GFP, or GFE provided to a Contractor; (3) Contractor accidents involving Army property and personnel. 4.5.8. Personnel Safety: The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the Contracting Officer, POC, and shall notify the Contracting Officer of the corrective action to be taken. PART 5 SPECIFIC TASKS 5. SPECIFIC TASKS: 5.1. General. The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform below annual maintenance service (scheduled) and on call repair services (unscheduled) at USAJFKSWCS Dive School in Key West, Florida. 5.2. Air Compressors: The Contractor shall provide the below annual inspection/maintenance and as needed repair service to ensure that all other aspects are properly operating, safety shutdowns, inter-stage pressures, carbon monoxide sensor and on-call repair for (4) Bauer K60 IK23. The Contractor shall furnish all maintenance and services, such as lubrication, and all other operational expenses, parts, or supplies. DESCRIPTION PART NUMBER QTY Service of Bauer Air Compressor Units K60 IK23 4 Check all general operations Check general stat-stop functions Check all safety valves for leaks and seals Pressure test & check final shut down PSI Check Inter-stage & oil pressures Check high temperature shut down Check low oil shut down Change oil & oil filter if so equipped Check oil drive belt if so equipped Change air intake Change breathing air filters Change separator elements; inter-stage & final Check intercoolers for leaks & if brackets secure Check ACD-auto drain & dump times Check & tighten electrical connections Check & record full load amps Check main drive belts Check & calibrate CO monitor Check secure functions Check PMV & check valves Test air test sample Pressure test & check final shut down PSI Parts required for service of Air Compressor Bauer oil-0024/Gal/81260 Gallon synthetic oil chem. *Brand Name Only OIL-0024 12 Bauer N18906 Air Intake RO12 *Brand Name Only N18906 4 Oil Filter Bauer NI5839 special Hi-Flow for K220/230 R0312 *Brand Name Only N15839 4 5.3. Seccant Filtration Systems: The Contractor shall provide the below annual inspection and maintenance service (ensure that all other aspects are properly operating, safety shutdowns, inter-stage pressures, carbon monoxide sensor and on-call repair for (2) Seccant Filtration System. Service of two (2) Seccant filtration Systems 2 Change breathing air filters Change upper and lower filter tower seals Change separator elements Change separator seals Change particle filter housing seals Parts required for service of Seccant Filtration Systems Bauer "O" ring for filter top N04735 special Viton 90 Brown ROJ12 *Brand Name Only N04735 4 Bauer back up ring V90 for filter top N04736 ROJ 12 *Brand Name Only N04736 4 Securus special for Seccant IV *Brand Name Only 060029 2 "O" Ring R12 *Brand Name Only N00062 4 "O" Ring 352 B-90 solid P-12 Towers R812 *Brand Name Only N17455 4 Back up B-90 solid *Brand Name Only N17456 4 Separator element for a Seccant IV filtration system R8l2 *Brand Name Only N27838 2 Particle filter for a Seccant IV R8l2 *Brand Name Only N15220 2 Dryer filter for Seccant IV just MS R012 *Brand Name Only 067868 4 Final filtration filter for Seccant IV MS-HP-AC-M S R512 *Brand Name Only 090308 2 PO/Final separator tower 0-ring *Brand Name Only N04586 2 O ring RO12 *Brand Name Only N90123 8 Retainer Ring R012 *Brand Name Only N90125 8 5.4. Scheduled Annual Maintenance: The Contractor shall be responsible for all annual maintenance repair services during the periods of performance. Items that must be replaced due to fair wear and tear such as O rings, filters and lubricants are included in the annual maintenance inspection. 5.5. Non-Scheduled Repairs: The Contractor shall be responsible for all as needed repairs and emergency repair services for Air Compressors and the Seccant Filtrations. The Contractor shall reply by electronic or telephonic means within-in 24 hours to diagnose the issue via telephone conversation. The Contractor shall also confirm their diagnosis in writing via email. If the Contractor cannot discern the issue via a telephone conversation, then the Contractor has seven (7) business days upon receiving communications from the Government to go to the Dive school to perform the assessment and repair. If parts have to be ordered, the Contractor may have an additional (7) business days to receive the parts and complete the repair. In the event that the parts are delayed due to the manufacturer delayed delivery, the Contractor shall be afforded additional time to complete the repairs; the Contractor shall provide documentation demonstrating that the needed parts have been ordered within the seven (7) days allotted above. 5.5.1 Cost Reimbursable CLIN Procedures: The non-scheduled repairs referenced above in paragraph 5.5 are covered by CLINS 0002, 1002, 2002, 3002 and 4002. These are cost reimbursable CLINS. The Contractor shall be reimbursed for parts, labor and all allowable travel costs in accordance with the Joint Travel Regulations. The Contractor shall provide a breakdown of all costs for parts, labor and travel expenses to the Contracting Officer prior to performing services under the cost reimbursable CLINS . The Contractor shall not perform any work under this CLIN unless given prior approval in writing from the Contracting Officer. 5.6. Inspection Requirements: The Contractor shall provide quality services and/or products IAW this contract. 5.6.1 Joint Inspection: The Contractor and the POC shall conduct a joint inspection of the repaired equipment. An inspection checklist provided by the POC shall be used to identify discrepancies in the condition of the units. Any discrepancies shall be noted on the checklist or receipt form at time of repair completion to include the equipment's serial number, and a description of the specific discrepancy. The names of the Contractor and POC shall be printed on the receipt form and then signed and dated. The Contractor shall be responsible for obtaining and the required information and signatures. 5.6.2 The Contractor and the POC shall retain a copy of the receipt and checklist form. This form will become a permanent part of the contract file. PART 6 APPLICABLE PUBLICATIONS 6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS): 6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. SS521-AA-MAN-010: U.S. Navy Diving and Manned Hyperbaric Systems Safety Certification Manual .
H92239-19-Q-0001 United States Special Operations Command
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