RFQ_No_140D0419Q0180_Solicitation.pdf

Comb. Synopsys/Solicitation – USCG National Maintenance Contract (NMC)

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

OF

Synopsis/Solicitation April 23, 2019

To: All Prospective Contractors

From: U.S. Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate

(AQD)

For: The United States Coast Guard – Waterways Operations Product Line

Subject: AQD Solicitation # 140D419Q0180

In accordance with FAR Subpart 12.603, streamlined solicitation for commercial items and 13.5 Simplified Procedures for Certain Commercial Items. Please note: FAR 13.5 – Simplified Procedures for Certain Commercial items authorizes the use of simplified procedures for the acquisition of supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $7 million ($13 million for acquisitions as described in 13.500(c)), including options, if the contracting officer reasonably expects, based on the nature of the supplies or services sought, and on market research, that offers will include only commercial items. Contracting officers may use any simplified acquisition procedure in this part, subject to any specific dollar limitation applicable to the particular procedure.

1) Prepare the synopsis in accordance with FAR Subpart 5.207, Preparation and transmittal of synopses:

A. Action Code: Combined Synopsis/Solicitation B. Date: April 23 C. Year: 2019 D. Contracting Office ZIP Code: 20170 E. Product Service Code: J099 entitled “Maintenance, Repair, and Rebuilding of Equipment-

Miscellaneous”.

F. Contracting Office Address: 381 Elden St, MS 4000, Herndon, VA G. Subject: US Coast Guard National Maintenance Contract H. Proposed Solicitation Number: 140D0419Q0180 I. Closing Response Date: May 23, 2019 J. Contact Point or Contracting Office: L. Christine Quintana, Contracting Officer K. Contract Award and Solicitation Number: TBD L. Contract Award Dollar Amount: TBD M. Contract Line Item Number: TBD N. Contract Award Date: Approximately August 2019 O. Contractor: TBD P. Description: See Statement of Work Q. Place of Performance: Main Facility Currently Located in Norfolk, VA Note: this location is subject to change dependent on the location proposed by the awardee. See SOW Document 3 for all locations for work to be performed.

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.6, as supplemented with additional information included in this notice. This announcement

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) Solicitation 140D0419Q0180 is issued as a Request for Quotations (RFQ)

(iii) The Solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-01; December 20, 2018

(iv) This synopsis/solicitation is being issued as a full and open competition. North American Industry Classification System (NAICS) code for this procurement is 811310 entitled “Commercial and Industrial Machinery Repair and Maintenance Services” with a size standard of $7.5 million.

(v) Below is a list of the items requested:

CLIN Description Contract Type

0010 NMC Labor Base Year Fixed Price Labor Rates NTE Total 0020 ODCs/Travel Base Year Reimbursed at cost NTE 0030 Facilities Base Year NTE 0040 NMC Labor Option Year 1 Fixed Price Labor Rates NTE Total 0050 ODCs/Travel Option Year 1 Reimbursed at cost NTE 0060 Facilities Option Year 1 NTE 0070 NMC Labor Option Year 2 Fixed Price Labor Rates NTE Total

0080 ODCs/Travel Option Year 2 Reimbursed at Cost NTE 0090 Facilities Option Year 2 NTE 0100 NMC Labor Option Year 3 Fixed Price Labor Rates NTE Total 0120 ODCs/Travel Option Year 3 Reimbursed at Cost NTE 0130 Facilities Option Year 3 NTE

(vi) Requirements: Please see Statement of Work for specific requirements.

(vii) The Period of Performance for the Contract is (estimated):

Base: August 01, 2019 – February 29, 2020 Option Period 1: March 1, 2020 – February 28, 2021 Option Period 2: March 1, 2021 – February 28, 2022 Option Period 3: March 1, 2022 – February 28, 2023

a) Please refer to the attached Statement of Work for the location of performance.

(viii) 52.212-1 Instructions to Offerors – Commercial Items (Oct 2018)

As an addendum to this provision, Offerors are instructed to submit questions and quotes per the following instructions:

Volume I: TECHNICAL SUBMITAL

The Technical Submission is limited in length to thirty (35) pages, exclusive of the qualifications of key personnel (resume), cover letter, and table of contents. Any pages in excess of 35, exclusive of the qualifications of personnel (resume), cover letter, and table of contents will not be evaluated. Your submission will use 12 point font size (any style), single spaced, single sided, 8.5x11 paper. Graphics and tables will use no smaller than 8 point font size (any style).

In addition to the topics specified herein, the technical submission may address any other topics considered to be pertinent to demonstration of the knowledge, competence, and capability to complete this requirement. The quote

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

package should be in the form of a detailed written quote describing how the work will be performed and who will perform the work.

The Quoters will provide a Quote that addresses the following:

VOLUME I: TECHNICAL

A. Understanding, Planning, and Technical Approach

Depth and manner with which the technical program is planned, such as:

a) The Quoter’s understanding of (1) USCG and industry environmental emergency response equipment inventories (SOW Sections 4.1.2 and 12.1), (2) maintenance and repair card requirements (MRCs) to be completed during maintenance visits (SOW Section 4.1.3), (3) expected level of effort necessary to complete the preventative maintenance required during each scheduled visits (SOW Section 4.1.1).

b) Development of a clear, working plan to complete the required preventative maintenance site visits starting August 01, 2019 and for each option year in accordance with SOW Document 2. Please include how the site visits will be supported by/from the facility location.

c) Development of a clear working/management plan to complete Optional Tasks as prescribed in Section 4.2 of the SOW in accordance with SOW document number 9.

d) Evidence of the capability to interpret and provide necessary management, engineering, logistical and administrative support (SOW Section 4.1.2. and 4.1.3).

e) General reliability and commitment, with which the Quoter intends to collect, analyze, distribute, and interpret data and synthesize new technical data (SOW Section 4.1.2. and 4.1.3).

f) General reliability and commitment, on handling unscheduled repairs (SOW Section 3.3), possible refurbishments of equipment so as not to conflict with aggressive preventative maintenance cycle/schedule.

g) Evidence that the Quoter can properly ship hazardous materials, and properly dispose of hazardous waste generated during maintenance visits (SOW Section 4.1.2.2).

B. Personnel Qualifications

The currency, quality and depth of experience of individual personnel in working on similar projects. Similar projects must be similar in nature dollar value, workload, duration, and complexity. The Program Manager is considered key personnel and must comply with requirements set forth in section 5.0 of the Statement of Work.

Quoters will submit a resume for key personnel. The contractor will demonstrate the personnel proposed meets the required experience. Key personnel must meet minimum security requirements.

The level of quality of qualifications in the disciplines and technical fields necessary to perform the required tasks in the Statement of Work. This factor will be evaluated by examining the level of effort and responsibilities proposed for each person assigned to the project, and recognition of previous work.

Please note that per SOW section 4.2.1 quotes must include one individual with Commercial Driving License (CDL). Please identify the proposed individual as well as provide a copy of his/her CDL.

C. Facilities

The evaluation will consider the adequacy of warehousing space requirements for the East Coast NMC facility. The proposed facility must adhere to specifications listed in section 4.1.1 of the Statement of Work. Offers must also provide facility standard operating procedures to include safety, security, quality assurance, and quality control requirements as specified in section 4.1.1 of the Statement of Work.

Ability to properly account for all government furnished equipment (GFE) maintained at facility locations.

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

Provide written documentation for the use of any non-owned assets to be used in accomplishing the activated described in the Statement of Work (e.g. leased or borrowed space/facilities).

Volume II: PAST PERFORMANCE SUBMITTAL

Quoters shall provide information on at least three but no more than five comparable projects, relevant in scope, comparable in size and complexity that have been completed within the last 5 years. A past performance questionnaire is attached to the Solicitation. The Quoter is responsible for transmitting and providing the questionnaire to its references. Upon a completion of the questionnaire, the reference should send the questionnaire to the Contracting Officer L. Christine Quintana at Lydia_Quintana@ibc.doi.gov.

The due date for submission of the past performance questionnaires is noted on the Past Performance Questionnaire attached to this solicitation.

AQD encourages Quoters to provide past performance questionnaires to references at least a week prior to the proposal due date in order to ensure that the reference(s) have time to submit completed questionnaires.

Volume III: PRICE SUBMITTAL

GENERAL REQUIREMENTS: Your price portion will be a separate volume from the technical portion. The Contractor will propose a pricing structure in accordance with their proposed technical solution.

Per FAR 52.222-41 (Aug 2018), this contract will be subject to the Service Contract and Labor Standards Offers must identify all proposed labor categories that are subject to the Service Contract and Labor Standards in their price quote.

SPECIFIC REQUIREMENTS: Offorers will provide a time and materials quote with fixed labor rates for the labor categories listed below utilizing Attachment III Pricing Sheets. The Contractor will provide the labor categories, the fixed price hourly rate(s) for each category, projected hours are provided on Attachment III. The projected hours are based on historical contract data. They are a guide only. Vendor may propose its own labor mix and hours, to reflect its own technical approach. If the vendor chooses to quote a different labor mix, it shall provide adequate justification as to why it considers the proposed labor to be appropriate for this requirement.

Please only provide data in cells that are the color blue.

The total labor price will be calculated utilizing the average labor rate amongst all locations per labor category.

The Offeror will provide pricing utilizing the pricing worksheet tables included in Attachment III.

Volume IV: SMALL BUSINESS SUBCONTRACTING PLAN (Large Business – Other than Small)

The Offeror will provide the following:

1. Provide a Small Business Subcontracting Plan that adequately responds to each of the requirement elements of FAR clause 52.219-9 (all elements) and a Small Business Subcontracting Plan reflective of and consistent with the commitments offered in the Small Business Commitment Document. Identify the percentage of total subcontracted dollars to be performed with each of the following small business socioeconomic categories: Small Disadvantaged, Women-Owned, HUBZone, and Service-Disabled Veteran-Owned. (Applicable to large businesses only).

a. The Small Business Subcontracting Plan will not be a part of the evaluation, and will not be evaluated on an Acceptable or Unacceptable basis. The Governments assessment of the Small Business Subcontracting Plan will solely be a responsiveness determination based on whether the

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

offeror submits a Subcontracting Plan that adequately addresses all elements required in a Subcontracting Plan as outlined in FAR clause 52.219-9. Additionally, any Subcontracting Plan that proposes subcontracting below the USCG stated goals will provide a basis for not meeting the minimum goals.

b. Per FAR 19.705-5, the contractor and Contracting Officer will negotiate a final plan within 90 days of contract award.

ASSUMPTIONS, CONDITIONS, OR EXCEPTIONS

Quoters must submit, a separate volume, all (if any) assumptions, conditions, or exceptions with any of the contractual, technical, and/or cost/price terms and conditions of this RFQ. If not noted in this section of your quote, it will be assumed that the offeror proposes no assumptions for award, and agrees to comply with all of the terms and conditions as set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the offeror’s submission

Questions and Statement of Work Supplemental Documents Requests:

If you have any questions regarding this requirement, please submit them via email to L. Christine Quintana at Lydia_Quintana@ibc.doi.gov no later than 12:00 PM Eastern Standard Time on April 30, 2019. Questions with the Government’s responses will be issued as an amendment to this RFQ. Questions and comments will not be protected by the Government as proprietary

Statement of Work Supplemental Documents Requests (Attachment II). The Statement of Work Supplemental Documents will be provided via CD format Requests for Attachment II CD can be submitted from date of RFQ release to the closing of the RFQ. Requests for Attachment II (SOW Supporting Documents) must be submitted via email to L. Christine Quintana at Lydia_Quintana@ibc.doi.gov. Request emails must include Name, Phone Number, Email Address and Address of requestor and must be titled, USCG NMC 140D0419Q0180 Request for Attachment II. The request for Attachment II deadline is 2PM EST on April 29, 2019.

All e-mail inquiries must have “Question – RFQ 140D04190180” included in the subject line. Questions submitted by a method other than electronic mail will not be accepted nor answered.

Quote Preparation and Basis of Award:

Quoters are required to submit their quotes via email to to L. Christine Quintana at Lydia_Quintana@ibc.doi.gov on or before: 2:00 pm Eastern Standard Time (EST) May 22, 2019.

(ix) 52.212-2 Evaluation—Commercial Items (Oct 2014)

The Government will award a contract resulting from this solicitation to the responsible quoter whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers: Technical, Past Performance Submittal and Price Submittal.

The proposed contract award will be based on a best value to the government. In determination of best value, the Government may perform some trade-offs, such as price-technical trade off analysis. Although the evaluated price to the Government is an element to be taken into consideration in the overall integrated assessment of quotes, the non-price factors (technical and past performance) taken as a group are significantly more important than price. Technical subfactors are of equal importance. Technical and past performance are weighted equally. To be determined technically acceptable the quote must meet all requirements of the SOW.

The contractor must receive a satisfactory rating or above for all evaluation factors to be considered for an award.

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

VOLUME I: EVALUATION OF TECHNICAL APPROACH

A. Understanding, Planning, and Technical Approach

Depth and manner with which the technical program is planned, such as:

a) The Offeror’s understanding of (1) USCG and industry environmental emergency response equipment inventories (SOW Sections 4.1.2 and 12.1), (2) maintenance and repair card requirements (MRCs) to be completed during maintenance visits (SOW Section 4.1.3), (3) expected level of effort necessary to complete the preventative maintenance required during each scheduled visits (SOW Section 4.1.1).

b) Development of a clear, working plan to complete the required preventative maintenance site visits starting August 01, 2019 and for each option year in accordance with SOW Document 2. Please include how the site visits will be supported by/from the facility location.

c) Development of a clear working/management plan to complete Optional Tasks as prescribed in Section 4.2 of the SOW in accordance with SOW document number 9.

d) Evidence of the capability to interpret and provide necessary management, engineering, logistical and administrative support (SOW Section 4.1.2. and 4.1.3).

e) General reliability and commitment, with which the Offeror intends to collect, analyze, distribute, and interpret data and synthesize new technical data (SOW Section 4.1.2. and 4.1.3).

f) General reliability and commitment, on handling unscheduled repairs (SOW Section 3.3), possible refurbishments of equipment so as not to conflict with aggressive preventative maintenance cycle/schedule.

g) Evidence that the Offeror can properly ship hazardous materials, and properly dispose of hazardous waste generated during maintenance visits (SOW Section 4.1.2.2).

B. Personnel Qualifications

The currency, quality and depth of experience of individual personnel in working on similar projects. Similar projects must be similar in topic, dollar value, workload, duration, and complexity. The Program Manager is considered key personnel and must comply with requirements set forth in section 5.0 of the Statement of Work.

Quoters will submit a resume for key personnel. The contractor will demonstrate that the key personnel proposed meets the required experience. Key personnel must meet minimum security requirements.

The level of quality of qualifications in the disciplines and technical fields necessary to perform the required tasks in the Statement of Work. This factor will be evaluated by examining the level of effort and responsibilities proposed for each person assigned to the project, and recognition of previous work.

Please note that per SOW section 4.2.1 quotes must include one individual with Commercial Driving License (CDL). Please identify the proposed individual as well as provide a copy of his/her CDL.

C. Facilities

The evaluation will consider the extent to which the proposed facility adheres to the specifications listed in section

4.1.1 of the Statement of Work.

a. Ability to properly account for all government furnished equipment (GFE) maintained at facility locations.

b. Provide written documentation for the use of any non-owned assets to be used in accomplishing the activated described in the Statement of Work (e.g. leased or borrowed space/facilities).

c. Provide facility standard operating procedures to include safety, security, quality assurance, and quality control requirements as specified in section 4.1.1 of the Statement of Work.

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

Volume II: EVALUATION OF PAST PERFORMANCE

Quoters shall provide information on at least three but no more than five comparable projects, relevant in scope, comparable in size and complexity that have been completed within the last 5 years. A past performance questionnaire is attached to the Solicitation (Attachment IV). The Offeror is responsible for transmitting and providing the questionnaire to its references. Upon a completion of the questionnaire, the reference should send the questionnaire to Contracting Officer and Contract Specialist.

The due date for submission of the past performance questionnaires is noted on the Past Performance Questionnaire attached to this solicitation.

AQD encourages Quoters to provide past performance questionnaires to references at least a week prior to the quote due date in order to ensure that the reference(s) have time to submit completed questionnaires.

NOTE: The Government may also consider information obtained through other sources, including the Past Performance Information Retrieval System (PPIRS). Past performance information will be utilized to determine the quality of the Contractor’s past performance as it relates to the probability of success of the required effort. If a Contractor does not have a record of relevant past performance information they will not be evaluated favorably or unfavorably and be provided a neutral rating.

Volume III: EVALUATION OF PRICE

Per FAR 15.402, we intend to award to the quoter that provides a fair and reasonable price.

SPECIFIC REQUIREMENTS: Contractors will provide a time and materials quote with fixed labor rates for the labor categories listed below utilizing Attachment III Pricing Sheets. The Contractor will provide the labor categories, the fixed price hourly rate(s) for each category, projected hours are provided on Attachment III. The projected hours are based on historical contract data. They are a guide only. Vendors may propose its own labor mix and hours, to reflect its own technical approach. If the vendor chooses to quote a different labor mix, it shall provide adequate justification as to why it considers the proposed labor to be appropriate for this requirement.

Please only provide data in cells that are the color blue on Attachment III Pricing Sheets.

The total labor price will be calculated utilizing the average labor rate amongst all locations per labor category. The formula has already been inserted in Attachment III.

The Offeror will provide pricing utilizing the pricing worksheet tables included in Attachment III.

(b) Options. The Government will evaluate offers for award purposes by calculating the total price for all options and adding it to the calculated 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 hall not obligate the Government to exercise the option(s).

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

(End of Provision)

(x) 52.212-3 Offeror Representations and Certifications—Commercial Items (Oct 2018)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (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—

(6) 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

(7) 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

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

(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

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

(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) Through another subsidiary of a parent corporation.

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

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

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

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

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

“Women-owned small business concern” means a small business concern --

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13

CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

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

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

United States or its outlying areas. Check all that apply.

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

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

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

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

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

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

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

acquisition threshold.

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

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business Quoters 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

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

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

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

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

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

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

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

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

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has 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.

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

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

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

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or

Peruvian End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph

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

Other Foreign End Products:

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

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:

(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:

(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

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

“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; and

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

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

Federal taxes in an amount that exceeds $3,500 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.

REFERENCE NO. OF DOCUMENT 140D0419Q0180 PAGE

(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…