2 Combined Synopsis Attachment NFFP76002202733.pdf

NFFP76002202733SML

COMBINED SYNOPSIS/SOLICITATION

Montlake Laboratory Non-personal Services for HVAC Upgrade/Repair

(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NFFP76002202733SML.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06 (MAY 2022) (Deviation 2022-02) (NOV 2021).

(IV) This solicitation is being issued for 100% total small business set-aside. The associated NAICS code is 238220, and the business size standard is $16.5 million.

(V) This combined synopsis/solicitation is for non-personal services for upgrades and repairs to a Daikin HVAC control panel and building automation system (BAS) located at the Montlake Lab in Seattle, WA.

(VI) Description of requirements is as follows:

CLIN 0001 Quantity: 1 Job Extended Price: _________________

SERVICES, NON-PERSONAL, CONTRACTOR TO FURNISH ALL LABOR, MATERIALS AND

EQUIPMENT NECESSARY TO REPLACE HVAC CONTROL BOARDS, THERMOSTATS,

BACNET INTERFACE, VRV ADAPTER, AND BAS UPGRADES IN THE SOUTH BUILDING ON

MONTLAKE CAMPUS PER THE SPECIFICATIONS OF THE ATTACHED STATEMENT OF

WORK.

Total: _____________________

SCHEDULE (Indicate applicable Federal, State and local taxes)

VENDOR UNIQUE ENTITY ID FROM SAM.GOV ___________________

CAGE CODE ___________

THE GOVERNMENT INTENDS TO AWARD A LOWEST PRICED TECHNICALLY ACCEPTABLE

FIRM-FIXED-PRICE PURCHASE ORDER RESULTING FROM THIS SOLICITATION.

PROVIDE DOCUMENTATION DEMONSTRATING TECHNICAL SPECIFICATIONS IN

ACCORDANCE WITH THE STATEMENT OF WORK (SOW).

PLEASE ACKNOWLEDGE BY INITIALING BELOW THAT YOU UNDERSTAND THIS

REQUIREMENT IS UNDER WHAT USED TO BE THE SERVICE CONTRACT ACT (SCA) AND IS

NOW CALLED THE SERVICE CONTRACT LABOR STANDARDS STATUTE (SCLS),WAGE

DETERMINATION (WD). YOUR COMPANY MUST PAY ITS EMPLOYEES NO LESS THAN THE

VERY MINIMUM OF THE WAGE AND HEALTH & WELFARE HOURLY AMOUNT FOR THIS

LOCATION BASED ON WHAT IS PROVIDED IN THE WDOL.GOV WEBSITE.

http://wdol.gov/

INITIALS & DATE __________

A QUOTE CANNOT BE ACCEPTED FROM YOUR COMPANY IF YOU ARE NOT REGISTERED

AND ACTIVE IN THE FOLLOWING WEBSITE: https://www.sam.gov/

QUOTES RECEIVED FROM CONTRACTORS WHO ARE NOT ACTIVE IN SAM WILL NOT BE

CONSIDERED.

BRAND REQUIREMENT: Daikin U.S. Corporation brand is already in use at the NWFSC. It is required that this brand be used for upgrades and repairs in order to be compatible in all aspects (form, fit, and function) with existing systems and equipment.

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS)

Northwest Fisheries Science Center (NWFSC) Montlake Laboratory

1.0 Organization. The Northwest

Fisheries Science Center (NWFSC) is a marine research organization owned and operated by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service

(NMFS).

1.1 Northwest Fisheries Science Center

(a.k.a Montlake Lab). The Montlake Lab is a federally owned campus with multiple buildings located at 2725 Montlake Blvd. East, Seattle, WA 98112. The facility contains an animal necropsy lab; a specimen processing lab; radiation labs; genetic labs; physiology labs; aquaculture labs;

specimen archives and electronic workshops; a library; conference rooms; and office space for 400 scientists and support staff. The majority of occupants work inside the West, Center, East, and South buildings (See Figure 1 – Montlake Lab Site Map).

2.0 Services Required. The contractor shall provide all required service, labor, parts, equipment, and materials to replace the following components as described below. All work shall meet applicable federal, state, and local requirements. If none exists, all work shall meet industry standards.

3.0 TASK 0001 - Montlake South Building HVAC Control Panel and Building Automation System (BAS) upgrades. The South Building, located in Montlake, WA is a 2-story building with a gross area is 12,000 square feet (6,000 square feet per floor). The main function of the building is office area for laboratory research staff. The building’s mechanical design is considered a variable refrigerant, heat recovery split system with individual zone dampers. This new mechanical system was installed in 2015 and all of the components are manufactured by Daikin.

3.1 The existing Daikin system can be summarized as follows:

Figure 1 - Montlake Lab General Site Layout https://www.sam.gov/

3.1.1 One 20-ton outdoor condensing unit provides both cooling and heating, depending on what each individual zoned fan coil requires.

3.1.2 There is a total of 14 individual fan coils connected to the single condensing units via refrigerant R-410 piping through four 4-port branch selector circuit boxes. This is where each fan coil determines whether it is in heating or cooling mode and refrigerant valves open / close to provide refrigerant cooling or refrigerant hot gas heating.

3.1.3 Out of the 14 individual fan coils, five serve single zone units and nine provide air for zone air damper controllers, where there are 38 individual zone controllers.

3.1.4 The system’s zone summary is a total of 38 zones where 29 are battery powered wireless thermostats and 9 wired thermostats.

3.1.5 The entire system is networked to a global controller that is wired to the fan coils, manages the 38 zones, and communicates with the single, heat recovery condensing unit.

3.1.6 The current system has no mechanical issues, but many control problems. This includes the wireless thermostats either a) losing communications and not controlling; or b) wireless thermostats losing power and not controlling. And if an air zone system fails, it keeps the entire central system from operating. The system has a global controller mounted in the building, but there is no way to manage this system remotely.

3.2 The Operation & Maintenance Manual as referenced in Section 7.1 provides instructions on the existing HVAC components as well as the as-built drawings of system control and distribution.

3.3 The contractor shall provide and replace the existing Daikin components with the parts/components outlined in Table 2.

Table 2 – Required parts/components for the South Building HVAC system.

Qty Model No Description 9 DZK-CB-3 DZK-3 Replacement Control Board 9 DZK-BACnet-3 DZK-3 BACnet Interface 14 DZK-MTS-3-W DZK-3 Wired Main/Zone Thermostat 20 DZK-ZTS-3-W DZK-3 Wireless Zone Thermostat 1 Hub3000 Riptide Hub/w 3yr Cloud Service 1 Adapter VRV Adapter

3.4 Work shall include all control wiring, factory authorized start up and commissioning, Bacnet controls integration with campus BMS including global controller interface, communications wiring, network drivers, and graphics. Include 5-year extended warranty on all parts and labor. Provide 4 hours of owner training and system performance demonstration.

3.5 The contractor shall install a Bacnet interface to allow this system to be tied into the campus BMS. NWFSC installed a new BAS in 2019 using EasyIO controllers and open source platform. All work and system components must comply with the requirements outlined in the NWFSC BAS Control Specifications as referenced in Section 7.2.

3.5.1 Work Plan Requirements. The contractor shall submit a work plan to NWFSC for approval. It must address, but not limited to, the following:

3.5.1.1 Key Personnel. Project manager must have a minimum 5 years of experience in BAS open-platform architecture.

3.5.1.2 Project schedule

3.5.1.3 Meetings, communication, site access, etc.;

3.5.1.4 South Building controls, thermostats, and BAS;

3.5.1.5 Testing and commissioning;

3.5.1.6 Operation and Maintenance schedules, instructions, and procedures;

3.5.1.7 As-built drawings; and

3.5.1.8 Training;

3.5.2 Work Phase. The contractor shall provide all necessary labor, materials, tools, and equipment to complete the task as specified in the approved work plan.

3.5.3 Test and commission. The contractor shall test and commission the new BAS components and system operations before turning them over to NWFSC for acceptance. The contractor shall prepare and submit a report on the testing and commissioning effort and results.

3.5.4 Operation and Maintenance. The contractor shall develop and provide the operation and maintenance manual as well as the preventive maintenance schedule including the procedures and consumable parts.

3.5.5 Training. The contractor shall provide training to NWFSC maintenance personnel within 5 working days after a successful completion of testing and commission. The training shall cover both operations and preventive scheduled maintenance work on the system. The contractor shall submit the training records upon completion of training.

3.5.6 Warranty. The contractor shall complete the required documents and register all system components for warranty purposes. The warranty shall provide a minimum of 5 years coverage on major components and 1 year on labor.

3.5.7 As-built Drawings. The contractor shall provide (2) hard copies, one (1) electronic PDF copy of the hard copy, and one (1) ACAD format copy of all drawings (e.g., VAV boxes, specs on air flow, specs on hot water flow, BAS, etc.

4.0 NOAA NWFSC Contact Information

4.1 To be provided at time of award.

5.0 Submittals. The contractor shall provide the following submittals for NWFSC review and approval before fieldwork can begin.

Task Task Description Deliverable Due Date

1 Montlake S-Bldg BAS Upgrades 3.5.1 Work plan 30 calendar days after date of award

1 Montlake S-Bldg BAS Upgrades 3.5.3 Testing and commission report

7 calendar days after commissioning

1 Montlake S-Bldg BAS Upgrades 3.5.4 O&M manual and PM schedule

7 calendar days after commissioning

1 Montlake S-Bldg BAS Upgrades 3.5.6 Warranty documents 7 calendar days after commissioning

1 Montlake S-Bldg BAS Upgrades 3.5.7 As-Built drawings 7 calendar days after commissioning

6.0 Attachments.

6.1 Montlake South Building Operation & Maintenance Manual

6.2 NWFSC BAS Control Specifications

7.0 Period of Performance (POP).

Date of Award to 120 days after Date of Award

8.0 Place of Performance.

NWFSC Montlake Lab 2725 Montlake Blvd E.

Seattle, WA 98112.

9.0 General Requirements.

9.1 Safety Plans and Project Schedules:

9.1.1 OSHA Safety Plan. Provide electronic copies for review prior to work start. Incorporate all elements needed to maintain a safe working environment in the vicinity of the work area.

9.1.2 If required, coordinate fire safety measures with local fire code regulators for any welding operations.

9.1.3 Project Schedule. Provide estimated project schedule prior to work start. Update the project schedule and coordinate project efforts with NWFSC’s POC on a weekly basis.

9.2 Product Substitution Submittal Requests. Submit all product substitution requests to POC for substitution approval. Allow 7 days for review

9.3 Provide the following Warranties:

9.3.1 Labor and Craftsmanship: All work conducted by the contractor, including subcontractor work, shall be guaranteed against defect for a period of one (1) year after final acceptance of the work. If such defects are found within warranty period, the contractor agrees to repair and replace the defective work at no cost to the government.

9.3.2 Manufacturer’s warranties on parts and materials: The contractor shall provide the manufacturer’s standard warranty in addition to the one-year standard contract warranty on all equipment (if applicable).

10.0 Special Site Requirements

10.1 Site Disruption. The contract work must be carried out in a manner that minimizes disruption of the operation of the Newport Research Station and its research activities.

10.2 Work Hours. Regular working hours are from 8:00 a.m. to 4:30 p.m., Monday through Friday. If the Contractor desires to work outside the regular working hours, the Contractor shall notify the Primary POC at least 24 hours in advance to enable satisfactory arrangements to be made by the Government for inspecting the work in progress.

Contractor agrees to observe all Federal Holidays, and any other day off work designated by Federal Statute, Executive Order, or Presidential Proclamation.

New Year’s Day Birthday of Martin Luther Kind, Jr.

Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

If a holiday falls on a Saturday, for most Federal employees, the preceding Friday will be treated as a holiday for pay and leave purposes. (See U.S.C. 6103(b)) If a holiday falls on a Sunday, for most Federal employees, the following Monday will be treated as a holiday for pay and leave purposes. (See Section 3(a) of Executive Order 11582, February 11, 1971) See also our Federal Holidays – “In Lieu Of” Determination Fact Sheet at https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination.

10.2.1 Site Debris Collection. Allow no debris to accumulate in Buildings or on Grounds.

10.2.2 Site Debris Removal. Haul debris away from Site as soon as daily work is completed.

The Contractor shall legally dispose of all debris generated by work described in this scope of work at the Contractor’s expense.

10.2.3 Salvage. All existing materials which are to be removed and are not indicated or specified for reuse in the new work shall, unless otherwise specified, become the property of and be disposed of by the contractor away from Government property at the contractor’s expense.

10.2.4 During work, all openings must be protected when not in use, such that the weather elements do not enter the building. Each opening must be secured at the end of each day.

10.2.5 The contractor might be required to provide a temporary chemical type sanitary convenience, at an approved location, for use by employees. The convenience premises shall receive daily attention and shall be maintained in a clean and sanitary condition.

(VII) THE PERIOD OF PERFORMANCE SHALL BE AS FOLLOWS:

Period of Performance: Award to 120 days after date of award.

Place of Performance:

NWFSC Montlake Lab 2725 Montlake Blvd E.

Seattle, WA 98112 https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination

(VIII) FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021), applies to this acquisition.

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive.

Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

Enter specific instructions below

1. Submit quotations to the office specified in this solicitation at or before the time specified in this solicitation. Email quotes are preferred and can be sent to stephanie.long@noaa.gov.

2. Contractor shall have an active registration in the System for Award Management (SAM) found at www.SAM.gov in order to provide a quote and be eligible for award.

3. Provide all evaluation criteria in accordance with FAR 52.212-2 in this package.

“THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES.

IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND RECEIVE A

CONFIRMATION OF THE QUOTE RECEIPT”.

CAR 1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to stephanie.long@noaa.gov.

Questions should be received no later than 12:00pm MDT on 07/13/2022. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

FAR 52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of provision)

A site visit is highly recommended but not required. Vendors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Please contact Thanh Minh Trinh at 206-860-6798 or thanh.m.trinh@noaa.gov to set up a time to visit the site. All questions during the site visit should be submitted electronically to stephanie.long@noaa.gov.

(IX) FAR 52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021), applies to this acquisition.

Offers will be evaluated based on price and the factors set forth in paragraph (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. Paragraph

(a) is hereby completed as follows: Evaluation will be based on

1) Technical Capability – Meets all requirements of Statement of Work.

http://www.sam.gov/

2) Past Performance - Quotes shall include at least two current relevant references to the Offeror’s performance to provide the service being solicited.

References shall include the company name and contact person’s name, phone number, and email. The Government will use its discretion to determine the sources of past performance information are used in the evaluation, and the information may be obtained from references provided by the Offeror, the Agency’s knowledge of contractor performance, other Government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services. This will be a PASS/FAIL.

3) Price – Lowest Price Technically Acceptable

The government intends to award a lowest price technically acceptable (LPTA), firm fixed-price purchase order on an all or none basis with payment terms of Net 30.

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

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

(End of provision)

(X) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (DEVIATION 2020-11) (AUG 2020),

applies to this acquisition.

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. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government.

If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

Small business concern—

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

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

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent 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.

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.

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.

(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.]

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 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 CFR124.1002.

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

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

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

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

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

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

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

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

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

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

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

(i) It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes inownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) 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, 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.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The terms “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:

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.

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(2) Buy American-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: (DEVIATION 2020-11)

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

Line Item No. Country of Origin

[List as necessary]

(3) 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: (DEVIATION 2020-11)

(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]

(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 $3,500 for which the liability remains unsatisfied.

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

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

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

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

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

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

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

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

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

(1) Listed end products.

Listed End Product Listed Countries of Origin

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

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

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

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

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

(2) □ Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor…