RFQ Oily Water Separator System Support Service REV 1.pdf

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on Sam.gov.

This synopsis/solicitation 1305M223QNMAN0056 constitutes a Request for Quotation (RFQ) and incorporates provisions and clauses in effect through Federal Acquisition Circular 2023-02 dated March 16, 2023 located on https:/ /www.acquisition.gov/browse/index/far .

This RFQ is 100% set-aside for Small Business concerns. The associated North American Industry Classification System (NAICS) code is 562998, All other Miscellaneous Waste Management Services. This NAICS code best describes the required services. The small business size standard is $8 million dollars.

The NOAA Acquisition and Grants Office (AGO), Eastern Acquisition Division (EAD), Norfolk Office requests responses from qualified sources capable of providing the services described below in accordance with the attached Statement of Work. It is anticipated an Indefinite-delivery Indefinite-quantity contract with firm-fixed price task orders will be issued in response to this RFQ.

This announcement will close at 1:00 pm Eastern on April 28, 2023. Questions pertaining to this RFQ must be submitted in writing to Tamara Horton at tamara.horton@noaa.gov by 10:00 am Eastern on April 3, 2023. Telephonic requests will not be honored. Quotes may be submitted via electronic means (email) to tamara.horton@noaa.mil by the date and time listed above. All responsible sources may submit a quote which shall be considered by the agency.

A single award Indefinite Delivery Indefinite Quantity (IDIQ) will be awarded. The period of performance is October 1, 2023 - September 30, 2028. Place of acceptance shall be NOAA vessels at locations across the country as highlighted in the attached Statement of Work. Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control.

Provide complete pricing for all services and all parts applicable to the attached Statement of Work. Include and document discounted pricing on applicable parts and services. Please note the quantities reflect estimates only and are not guaranteed. Travel Pricing will be quoted at the Task Order level and billed in accordance with the Federal Travel Regulations.

Ordering Period 1 (October 1, 2023 - September 30, 2024) CLIN Description Est.

Quantity Unit Price

Sub Total

1001 Provide and commission new Oily Water Separator unit.(SOW Section 5.1)

Boss 2.2T or Equal = $ ___________ Boss 107 or Equal = $ ___________ *Unit price to be the average of all individual unit prices above.

1002 Provide system groom on Oily Water Separator unit. (SOW Section 5.2)

1003 Provide on-site technical support for Oily Water Separator unit.

Not to Exceed price to be quoted at Task Order Level (Standard Labor Rate) (SOW Section 5.3)

Provide on-site technical support for Oily Water Separator unit.

Not to Exceed price to be quoted at Task Order Level (Overtime Labor Rate) (SOW Section 5.3) http://www.acquisition.gov/browse/index/far mailto:tamara.horton@noaa.gov mailto:tamara.horton@noaa.mil

1004 Provide pricing for known parts and markup for additional parts.

To be procured as required. Enter markup in unit price. (SOW Section 5.4)

1005 Provide on-site training to NOAA crew on proper use, function, and daily maintenance of Oily Water Separator unit. (SOW Section 5.5)

Ordering Period 1

Ordering Period 2 (October 1, 2024 - September 30, 2025) CLIN Description Est.

Quantity Unit Price

Sub Total

2001 Provide and commission new Oily Water Separator unit.(SOW Section 5.1)

Boss 2.2T or Equal = $ ___________ Boss 107 or Equal = $ ___________ *Unit price to be the average of all individual unit prices above.

2002 Provide system groom on Oily Water Separator unit. (SOW Section 5.2)

2003 Provide on-site technical support for Oily Water Separator unit.

Not to Exceed price to be quoted at Task Order Level (Standard Labor Rate) (SOW Section 5.3)

Provide on-site technical support for Oily Water Separator unit.

Not to Exceed price to be quoted at Task Order Level (Overtime Labor Rate) (SOW Section 5.3)

2004 Provide pricing for known parts and markup for additional parts.

To be procured as required. Enter markup in unit price. (SOW Section 5.4)

2005 Provide on-site training to NOAA crew on proper use, function, and daily maintenance of Oily Water Separator unit. (SOW Section 5.5)

Ordering Period 2

Ordering Period 3 (October 1, 2025 - September 30, 2026) CLIN Description Est.

Quantity Unit Price

Sub Total

3001 Provide and commission new Oily Water Separator unit.(SOW Section 5.1)

Boss 2.2T or Equal = $ ___________ Boss 107 or Equal = $ ___________ *Unit price to be the average of all individual unit prices above.

3002 Provide system groom on Oily Water Separator unit. (SOW Section 5.2)

3003 Provide on-site technical support for Oily Water Separator unit.

Not to Exceed price to be quoted at Task Order Level (Standard Labor Rate) (SOW Section 5.3)

Provide on-site technical support for Oily Water Separator unit.

Not to Exceed price to be quoted at Task Order Level (Overtime Labor Rate) (SOW Section 5.3)

3004 Provide pricing for known parts and markup for additional parts.

To be procured as required. Enter markup in unit price. (SOW Section 5.4)

3005 Provide on-site training to NOAA crew on proper use, function, and daily maintenance of Oily Water Separator unit. (SOW Section 5.5)

Ordering Period 3

Ordering Period 4 (October 1, 2026 - September 30, 2027 CLIN Description Est.

Quantity Unit Price

Sub Total

4001 Provide and commission new Oily Water Separator unit.(SOW Section 5.1)

Boss 2.2T or Equal = $ ___________ Boss 107 or Equal = $ ___________ *Unit price to be the average of all individual unit prices above.

4002 Provide system groom on Oily Water Separator unit. (SOW Section 5.2)

4003 Provide on-site technical support for Oily Water Separator unit.

Not to Exceed price to be quoted at Task Order Level (Standard Labor Rate) (SOW Section 5.3)

Provide on-site technical support for Oily Water Separator unit.

Not to Exceed price to be quoted at Task Order Level (Overtime Labor Rate) (SOW Section 5.3)

4004 Provide pricing for known parts and markup for additional parts.

To be procured as required. Enter markup in unit price. (SOW Section 5.4)

4005 Provide on-site training to NOAA crew on proper use, function, and daily maintenance of Oily Water Separator unit. (SOW Section 5.5)

Ordering Period 4

Ordering Period 5 (October 1, 2027 - September 30, 2028) CLIN Description Est.

Quantity Unit Price

Sub Total

5001 Provide and commission new Oily Water Separator unit.(SOW Section 5.1)

Boss 2.2T or Equal = $ ___________ Boss 107 or Equal = $ ___________ *Unit price to be the average of all individual unit prices above.

5002 Provide system groom on Oily Water Separator unit. (SOW Section 5.2)

5003 Provide on-site technical support for Oily Water Separator unit.

Not to Exceed price to be quoted at Task Order Level (Standard Labor Rate) (SOW Section 5.3)

Provide on-site technical support for Oily Water Separator unit.

Not to Exceed price to be quoted at Task Order Level (Overtime Labor Rate) (SOW Section 5.3)

5004 Provide pricing for known parts and markup for additional parts.

To be procured as required. Enter markup in unit price. (SOW Section 5.4)

5005 Provide on-site training to NOAA crew on proper use, function, and daily maintenance of Oily Water Separator unit. (SOW Section 5.5)

Ordering Period 5

The following FAR provision and clauses are applicable to this procurement:

Attachments:

I. Statement of Work

II. Past Performance Information Form III. Past Performance Questionnaire IV. Price Schedule

Contract Provisions and Clauses

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

(End of provision)

FAR PROVISIONS

FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-7 System for Award Management FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems FAR 52.209-7 Information Regarding Responsibility Matters FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

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): www.acquisition.gov and www.acquisition.gov/car/ .

(End of clause) http://www.acquisition.gov/ http://www.acquisition.gov/ http://www.acquisition.gov/car/

FAR CLAUSES

FAR 52.202-1 Definitions FAR 52.203-3 Gratuities FAR 52.203-5 Covenant Against Contingent Fees FAR 52.203-7 Anti-Kickback Procedures FAR 52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements FAR 52.204-13, System for Award Management Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.212-4 Contract Terms and Conditions – Commercial Items FAR 52.225-8 Duty-Free Entry FAR 52.223-6 Drug-Free Workplace FAR 52.232-39 – Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-3 Protest After Award FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.244-6 Subcontracts for Commercial Items FAR 52.245-1 Government Property FAR 52.245-9 Use and Charges FAR 52.246-2 Inspection of Supplies —Fixed-Price FAR 52.246-16 Responsibility for Supplies FAR 52.246-4 Inspection of Services – Fixed Price FAR 52.247-34 F.O.B. Destination FAR 52.204-18 Commercial and Government Entity Code Maintenance

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. (Mar 2023)

1) Inquiries - Inquiries and all correspondence concerning this solicitation document should be submitted in writing to

Tamara.Horton at tamara.horton@noaa.gov by 1:00 PM ET on April 3, 2023. The Government is not required to provide responses to vendor’s inquiries or correspondence. Telephone inquiries will not be honored.

2) Quote Preparation

The following instructions apply for the submission of quotes:

a. Quotes shall be submitted in three separate volumes:

Volume I – Technical Volume II – Past Performance Volume III - Price

b. The technical volume shall not contain any reference to price. It is incumbent upon the vendor to provide a technical volume in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the technical requirements of the Request for Quote (RFQ).

c. The Government will evaluate quotes in accordance with the evaluation criteria set forth in FAR 52.212-2 of this RFQ.

3) Quote Instructions

a. Technical: Each vendor shall submit a technical submission that contains the following information:

Capability Statement (10 Page Limit) – Vendor shall describe its ability to adhere to the required delivery requirements as well as its capability to meet all the specifications of this requirement. To this end, the Technical Capability statement should be sufficiently specific, detailed and complete so as to clearly and fully demonstrate that the offeror has a thorough understanding of the requirements;

b. Past Performance:

Past performance will be used as a means of evaluating the relative capability of the vendor to successfully meet the requirements of this solicitation. Vendors are required to provide information on no more than three (3) of the firm’s most recently completed contracts/orders (not to exceed three (3) years since completion) for like or similar work. Vendors may submit performance data regarding current contract performance as long as a minimum of one year of performance has been completed as of the closing date of this solicitation.

Each Vendor shall submit, in writing, information on past performance. Vendors shall provide a detailed explanation demonstrating the relevance of the contract/order to the requirements of the solicitation. In addition, the vendor is required to send the attached “Past Performance Questionnaire,” to those government and commercial activities provided by the vendor’s in their submission. The information shall be completed by the references who will then forward the completed questionnaires by email to:

Tamara.horton@noaa.gov

The Government will not accept Questionnaires directly from the vendors, only Questionnaires submitted on time and from vendor’s references will be accepted.

The Government will conduct a past performance evaluation based upon the past performance of the vendor as it relates to the probability of vendor to provide the Government with quality service as covered within the solicitation.

Vendors are cautioned that the Government reserves the right to obtain information for use in the evaluation of past performance from any sources including sources outside of the Government. The Government will obtain whatever information it deems most relevant to the required effort by telephonic and/or written inquiry. This information may include Contractor Performance Assessment Reporting System (CPARS);

Past Performance Information Retrieval System (PPIRS) reports, the Federal Awardee Performance and Integrity System (FAPIIS), or past performance information from any source.

The burden of providing thorough, complete, and relevant past performance information rests with the vendor. Any Past Performance Questionnaire(s) received at the Government office designated herein after the exact time specified for receipt of past performance information is "late" and may not be considered for evaluation. If the vendor possess no relevant past performance, it should affirmatively state so in the quote.

Vendors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance. A neutral rating will not be evaluated favorably or unfavorably. However, the submission with no relevant past performance history, while rated neutral in past performance, may not represent the most advantageous submission to the Government and thus, may be an unsuccessful submission when compared to the submissions of other Vendors having an satisfactory (or better) past performance.

c. Price: Pricing shall be submitted for all line items included in this solicitation. The vendor provided pricing for each CLIN will be added together to derive the overall evaluated price. Price will be evaluated for reasonableness.

(End of provision)

FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1 Technical Capability: Capability Statement (10 Page Limit) – Vendor shall describe its ability to adhere to the required delivery requirements as well as its capability to meet all the specifications of this requirement. To this end, the Technical Capability statement should be sufficiently specific, detailed and complete to clearly and fully demonstrate that the offeror has a thorough understanding of the requirements

Factor 2 Past Performance: Past performance will be used as a means of evaluating the relative capability of the vendor to successfully meet the requirements of this solicitation. Vendors are required to provide information on no more than five (5) of the firm’s most recently completed contracts/orders (not to exceed five (5) years since completion) for like or similar work. Vendors may submit performance data regarding current contract performance as long as a minimum of one year of performance has been completed as of the closing date of this solicitation.

Each Vendor shall submit, in writing, information on past performance. Vendors shall provide a detailed explanation demonstrating the relevance of the contract/order to the requirements of the solicitation. In addition, the vendor is required to send the attached “Past Performance Questionnaire,” to those government and commercial activities provided by the vendor’s in their submission. The information shall be completed by the references who will then forward the completed questionnaires by email to:

tamara.horton@noaa.gov

The Government will not accept Questionnaires directly from the vendors, only Questionnaires submitted on time and from vendor’s references will be accepted.

The Government will conduct a past performance evaluation based upon the past performance of the vendor as it relates to the probability of vendor to provide the Government with quality service as covered within the solicitation.

Vendors are cautioned that the Government reserves the right to obtain information for use in the evaluation of past performance from any sources including sources outside of the Government. The Government will obtain whatever information it deems most relevant to the required effort by telephonic and/or written inquiry. This information may include Contractor Performance Assessment Reporting System (CPARS), the System for Award Management (SAM) or past performance information from any source.

The burden of providing thorough, complete, and relevant past performance information rests with the vendor. Any Past Performance Questionnaire(s) received at the Government office designated herein after the exact time specified for receipt of past performance information is "late" and may not be considered for evaluation. If the vendor possess no relevant past performance, it should affirmatively state so in the quote.

Vendors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance. A neutral rating will not be evaluated favorably or unfavorably. However, the submission with no relevant past performance history, while rated neutral in past performance, may not represent the most advantageous submission to the Government and thus, may be an unsuccessful submission when compared to the submissions of other Vendors having a satisfactory (or better) past performance.

Factor 3 Price: Pricing shall be submitted for all line items included in this solicitation. The vendor provided pricing for each CLIN will be added together to derive the overall evaluated price. Price will be evaluated for reasonableness.

mailto:tamara.horton@noaa.gov

Technical capability and past performance, when combined, are significantly more important than price.

However, the Government will not award at significantly higher prices to only achieve slightly better performance. The Government will assess the benefits or better performance versus the added price through trade-off analysis. As non-price factors become equal-price becomes increasingly important.

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

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https:// www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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— http://www.sam.gov/

(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;PSC 9610, Ores;

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

(9) PSC 9630, Additive Metal Materials.

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

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on

Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"— 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 thecase 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 veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(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) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

(3) Women-owned business concern means a concern which is at least 51 percent owned by one or more women;

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

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

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

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

SAM.

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

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that— http://www.sam.gov/

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(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—

(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 joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through

(c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance. The offeror represents that-

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ 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) (i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical 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 Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component: Line Item No.

http://uscode.house.gov/

[List as necessary]

(4) 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) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product,""foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act."

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

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

Line Item No.

Country of Origin

[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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No.

[List as necessary]

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

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

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Canadian End Products: Line Item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No.

Country of Origin

[List as necessary]

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

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

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

Line Item No.

Country of Origin

[List as necessary]

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

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

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

Other End Products:

Line Item No.

Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part

25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

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

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

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

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

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

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

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

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

§6159. The taxpayer is making timely payments and is in full compliance with the agreement terms.

The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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

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

(1) Listed end products.

Listed End Product Listed Countries of Origin

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

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

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

(j) Place…