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NWWR99542200260SML
COMBINED SYNOPSIS/SOLICITATION
Detroit Weather Forecast Office Non-personal Piers Replacement Services
(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 NWWR99542200260SML.
(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 238990, and the business size standard is $16.5 million.
(V) This combined synopsis/solicitation is for non-personal services to remove existing piers due to ground heaving and install five (5) new piers for the Detroit Weather Forecast Office (WFO).
(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 REMOVE EXISTING PIERS AND INSTALL FIVE (5) NEW PIERS
PER THE SPECIFICATIONS OF THE ATTACHED STATEMENT OF WORK.
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.
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/ http://wdol.gov/ https://www.sam.gov/
QUOTES RECEIVED FROM CONTRACTORS WHO ARE NOT ACTIVE IN SAM WILL NOT BE
CONSIDERED.
STATEMENT OF WORK
National Oceanic and Atmospheric Administration (NOAA) National Weather Service (NWS)
Detroit Weather Forecast Office (WFO)
ASOS- AWPAG Pier Replacement
SCOPE:
Provide all labor, materials, supervision, coordination, equipment and services necessary to remove existing piers due to ground heaving and installing new piers (5) according to this Statement of Work
(SOW).
LOCATION:
NWS equipment located at:
Bishop International Airport 3425 Bristol Rd Flint, MI 48507
DESCRIPTION OF WORK TO PERFORM:
All work shall be completed in accordance with this Statement of Work. The work includes, but is not limited to:
1. NWS personnel will remove and store the existing equipment prior to the replacement of the piers for the AWPAG.
2. Contractor will set up an equipment protection barrier to protect the equipment from damage.
3. Contractor will remove old concrete piers, and 1 ASOS mounting base
4. All necessary subgrade preparation to include compaction, stabilization fabric, and aggregate base course will be done prior to the installation of the new piers, and 1 ASOS mounting base
5. Install new concrete piers (4) to the depth one and a half times (1.5X) the frost depth, and Bell shape at the bottom. (minimum of 60 inches) per drawing below
6. Install new concrete ASOS base (1) to the depth one and a half times (1.5X) the frost depth, and Bell shape at the bottom. (minimum of 60 inches) per drawing below
7. Install rebar and anchor bolts per details below
8. Install new rock (match existing) over entire area (landscape timbers) to a depth of 4” that was disturbed and reset equipment.
9. All metal will be grounded according to electrical codes.
SITE VISIT:
Contractors are encouraged to perform a site visit prior to sending in quotation. This site visit is to verify issues, examine site access and develop plans for material and equipment staging and verify pier removal and installation. Site visit will be in coordination with Josh Van Drese, Electronic Systems Analyst (ESA), at 248-625-3309 X 372 or joshua.vandrese@noaa.gov.
ACCESS TO SITE:
Before entering the site contact DTX- Detroit-WFO NWS office:
Josh Van Drese (ESA) at 248-625-3309 X 372
DEBRIS DISPOSAL:
The contractor shall dispose of all waste materials/products off site in accordance of Federal, State and Local law and regulations at Contractors expense. The contractor shall remove all unused materials/products that was supplied or purchased by the contractor or Government in performance of this contract unless otherwise specified in writing by the Contracting Officer. Debris shall not be permitted to accumulate on site. No Burning of Debris: No materials or debris shall be burned on property.
LOCATION OF EXISTING EQUIPMENT AND UTILITIES:
The Contractor shall make a complete site investigation to determine location of all existing equipment and underground utilities pertaining to the new work. All underground utilities shall be located by the local service company performing a “utility locate” as needed, and written documentation will be kept on file and submitted at the time the work is completed. If utilities are encountered, contact the proper authorities and utility company.
BARRICADES AND BARRIERS:
The Contractor shall furnish, place, and maintain barricades around all open excavations and around all piles of dirt or other obstructions which are deemed to be hazardous to pedestrians or vehicles.
Barricades shall consist of 2” x 6” horizontal members 8 to 10 feet long with 2” x 4” supporting legs not less than 3 feet high. Barricades shall be painted yellow with diagonal black stripes. Barricades must meet Airport standards and be approved by Airport. Airport standards on barricade take priority.
DRAINAGE:
All excavated areas will maintain proper drainage.
MEASUREMENTS:
Before ordering any materials or doing any work, the Contractor shall verify all measurements and requirements at the job site, and shall be responsible for the corrections of the same. No allowance will be accorded on account of difference between actual dimensions and those indicated by the drawings.
The Contractor shall notify the Technical Point of Contact (TPOC) and Electronic Systems Analyst (ESA) of discrepancies discovered before ordering of materials or actual work on the site.
PERFORMANCE PERIOD:
The performance period for this project will be 60 days commencing at date of Contract Award.
Completion of this project shall be coordinated with the TPOC and ESA at the time of the award.
INSPECTION AND ACCEPTANCE:
The project will be inspected by a government designated representative after the work has been completed. All project work shall be accomplished under the inspection of the TPOC, ESA, or designated technical representatives. Inspections may include field inspection, as required. All parts of the Contract work shall be permitted access for inspection. The presence of the TPOC, ESA, or designated technical representative, shall not relieve the Contractor from proper completion of the work in accordance with the Contract Documents. Compliance with the Contract Documents is the responsibility of the Contractor, and as said, shall not be avoided by any verbal action or omission on the part of the TPOC, ESA, or technical representative. Any changes to the project work shall be accomplished only by written documentation and approval.
TERMS OF THE STATEMENT OF WORK (SOW):
1. The contractor shall submit a separate notice for repairs not included in this SOW. This notice will contain square feet or linear feet of affected area and projected time which will be added to the contract.
The contractor shall submit a cost per unit for additional work. No refurbishment work shall commence without approval of the Contracting Officer.
2. The contractor, if remotely located, shall designate a representative local to the contract site, with contact numbers, for the project representative to communicate with about the quality of work, progress, and technical details of the project.
3. The contractor shall be responsible for the scheduling and coordination of work on the site. In the event severe weather occurs within the warning area of the work site, all work may be halted by the local TPOC, ESA, or Airport Official. Work stoppage due to severe weather in the warning area is not negotiable and all work will stop immediately.
4. The contractor shall not commence work until they have been issued a “Notice to Proceed”. The award and issuance of a purchase order is not the Notice to Proceed with this contract work. Prior to issuance of a Notice to Proceed the contractor shall submit for approval a project schedule showing the date when on-site work will begin, hours work will be performed and date the work will be completed. No work shall be performed on Sundays or Federal Holidays. The project representative shall be notified when changes in project schedule are requested along with justification for the schedule change.
5. The Government reserves the right to inspect for quality control at any point during the construction.
The Government assumes no responsibility for the division of work to be accomplished by subcontractors. The prime contractor shall be the sole responsible party for meeting the terms of the contract.
6. The TPOC and ESA are not authorized to make any commitments or otherwise obligate the government or authorize any changes which affect the contract price, terms, or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the TPOC or ESA. No such changes shall be made without the express prior authorization of the Contracting Officer.
The TPOC and ESA may designate assistant to act on their behalf by naming such assistant(s) in writing and transmitting a copy of such designation through the Contracting Officer.
FEDERAL HOLIDAYS:
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 King, Jr.
Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans 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 5 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.
MATERIALS AND EQUIPMENT:
All products, materials, and equipment furnished by the Contractor shall be subject to inspection by the TPOC, ESA, or designated technical representative.
COMPACTION:
Requirements stated that each layer of base course shall be compacted as specified to produce a minimum field-measured density, through the full depth, of 90% maximum density. In all places not accessible to 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 the rollers, the base course material shall be compacted with mechanical tampers.
When a compacted layer in excess of 6” inches is required, the material shall be placed in layers of equal thickness. No layer shall exceed 6” inches or be less than 3” inches when compacted. Final compaction shall be accomplished by suitable equipment designed and sized to provide consolidation and a satisfactory surface uniform in appearance and conforming to the lines, grades, and typical cross-sections shown.
FORM CONSTRUCTION:
General, Construct forms, using good construction practices, to the exact sizes, shapes, lines, and dimensions shown, and as required to obtain accurate alignment, location, grades, and level and plumb work in the finished structure. Provide for openings, offsets, keyways, recesses, moldings, ringlets, chamfers, blocking screeds, bulk-heads, anchorages, inserts, and other features as required.
A. Fabrication:
1. Fabricate forms for easy removal without hammering or prying against concrete surfaces.
2. Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces.
3. Kerf wood inserts for forming keyways, ringlets, recesses, and the like, to prevent swelling and assure ease of removal.
B. Forms for exposed concrete:
1. Provide sharp, clean corners at intersecting planes, without visible edges or offsets. Back the joints with extra studs of girt set to maintain true, square intersections.
FORM COATINGS:
Coat form contact surfaces with form coating compound before reinforcement is placed.
1. Do not allow excess form coating material to accumulate in the forms or to come in contact with surfaces with will bond to fresh concrete. Forms may be removed after 24 hours if conditions permit and no damage to concrete will be sustained.
2. Apply the form coating material in accordance with its manufacturer's recommendations.
REMOVAL OF FORMS:
1. Do not disturb or remove forms until the concrete has hardened sufficiently to permit form removal with complete safety. Forms may be removed after 24 hours if conditions permit and no damage to concrete will be sustained.
2. Do not remove shoring until the member has acquired sufficient strength to support its own weight, the load upon it, and the added load of construction.
3. Do not strip vertical concrete in less than seven days.
4. Finished surfaces: Exercise care in removing forms from finished concrete surfaces so that surfaces are not marred or gouged, and that corners are true, sharp, and unbroken.
CONCRETE:
Comply with REF STDS ACI 301, ACI 305 and ACI 306 with the following as minimums:
1. Portland cement: ASTM C150, type I or II, low alkali
2. Aggregate, general: 03300-1
A. ASTM C30, uniformly graded and clean;
B. Do not use aggregate known to cause excessive shrinkage.
3. Aggregate, course: Crushed rock or washed gravel with minimum size between 3/4" and 1- 1/2", and with a maximum size number #4. Reference ASTM C33.
4. Aggregate, fine: Natural washed sand of hard and durable particles varying from fine to particles passing a 3/8" screen, of which at least 12% shall pass a 50-mesh screen. Reference ASTM C33.
5. Water: Clean and potable.
6. Standard 4000# ready-mix, in compliance with ASTM C94, is acceptable if available locally.
7. Provide concrete with the compressive strengths shown on the drawings. When such strengths are not shown on the drawings, provide the following as minimums:
8. Concrete footings: 4000 psi.
OTHER MATERIALS:
Provide other materials not specifically described but required for a complete and proper installation, as selected by the Contractor.
A. Air entraining admixtures to be in compliance with ASTM C260.
B. Water reducing admixtures to be in compliance with ASTM C494 Type D or F.
C. Non-shrink grout to be used for wind tower baseplate, etc., with curing compounds in compliance with ASTM C309.
GROUNDING:
A. Equipment Grounding Conductor: The grounding conductor shall be green color coded or bare and sized as specified in the contract drawings or specification covering the job, or, if not specified, it shall be in accordance with Article 250 of the National Electrical Code Grounding lugs, Connectors and other components shall comply with the National Electrical Code.
B. Raceway Grounding: When surface metal raceways, wire ways, square duct, or cable rack systems are installed, a separate copper conductor shall be installed in the raceway and shall be as specified.
EMBEDDED ITEMS:
A. Do not embed piping, other than electrical conduit, in structural concrete.
1. Locate conduit to maintain maximum strength of the structure.
2. Increase the thickness of the concrete if the outside diameter of the conduit exceeds 30% of the thickness of the concrete.
B. Set bolts, inserts, and other required items in the concrete, accurately secured so they will not be displaced, and in the precise locations needed.
PLACING CONCRETE:
A. Preparation. REF. ACI 301
1. Remove foreign matter accumulated in the forms.
2. Rigidly close openings left in the formwork.
3. Wet wood forms sufficiently to tighten up cracks. Wet other material sufficiently to maintain workability of the concrete.
4. Use only clean tools.
5. Pour only within allowable temperatures: Sub-Surface Concrete: Min - 40º F, Max - 90º F Slab Concrete: Min - 50º F, Max - 90º F.
CONSOLIDATION:
General:
1. Consolidate each layer of concrete immediately after placing, by use of hand spading, rodding, or tamping.
2. Do not vibrate forms or reinforcement.
3. Do not use vibrators to transport concrete inside the form.
CONCRETE FINISHING:
Except as may be shown otherwise, provide the following finishes at the indicated locations. The DCP pad and tower foundation will be float finished with a final broom finish with a radius tool used on all edges.
1. Float finish. - Apply to monolithic slab surfaces that are to receive trowel finish and other finishes specified hereinafter, and to slab surfaces which are to be covered with insulation.
2. Trowel finish - Apply to monolithic slab surfaces that are to be exposed to view, unless otherwise shown.
3. Radius tool finish - Use radius tool to finish all edges on tower foundation.
CURING AND PROTECTION:
All finish concrete pads, slabs, etc., to be protected from weather conditions during curing by use of plastic, burlap or other suitable materials which are to be removed prior to leaving site.
FINAL CLEANING:
Final cleaning shall be performed prior to final inspection by the TPOC, ESA, or designated technical representatives. Remove all waste and surplus materials, rubbish, and temporary facilities from the job site. Cleaning will not be considered complete until approved by the TPOC, ESA, or designated technical representative.
SAFETY AND ENVIRONMENTAL REQUIREMENTS:
1. The Contractor and Sub-Contractors shall comply with all applicable Federal, State, and Local law and regulations pertaining to safety and environmental requirements.
2. The Contractor shall be able to provide to the COTR, or the designated Government representative, Material Safety Data Sheets (MSDS) for all chemical products prior to them being brought on site. These products include, but not limited to solvents, cleaners, paints, pesticides, herbicides, and lubricants. The Contractor shall comply with the following;
a. All products shall be kept in original container with legible label.
b. If the product is placed in smaller container for use, the smaller container shall be marked legible stating the product it contains.
c. There shall not be any chemical product mixed together unless intended by the chemical manufacture.
3. On contracts for construction, dismantling, demolition, or removal, the Contractor shall;
a. Provide appropriate safety barricades, signs, and signal lights.
b. Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 (OSHA Regulations Standards for Safety and Health Regulations for Construction) and 29 CFR Part 1910 (OSHA Regulations Standards for Occupational Safety and Health Standards).
4. The Contractor shall dispose of all waste material/products off site in accordance of Federal, State, and Local law and regulations at Contractors expense. The Contractor shall remove all unused materials/products that were supplied or purchased by the Contractor in the performance of this contract.
5. The contractor is responsible for the clean-up and remediation of any chemical/compound spills.
WARRANTY:
Contractor will warranty this work, labor & materials for 1 year.
Illustrations and pictures are provided below.
(VII) THE PERIOD OF PERFORMANCE SHALL BE AS FOLLOWS:
Period of Performance: Award to 60 Days After Award
Place of Performance:
NWS equipment located at:
Bishop International Airport 3425 Bristol Rd Flint, MI 48507
(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.
http://www.sam.gov/
“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 3:00pm MDT on 07/15/2022. 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 Josh Van Drese at 248-625-3309 x372 or josh.vandrese@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.
IF ACCESSING A GOVERNMENT SITE
In accordance with recent Federal COVID-19 protocols, effective 08/26/2021 and going forward, all on-site contractor employees will be required to complete the non-Federal Employee and Visitor Certification Form attached and carry a copy with them when reporting to any Department of Commerce (DOC) worksite. Additionally, those who do not certify they are fully vaccinated, or who decline to provide vaccination status, must obtain a negative COVID-19 test in order to access a DOC operating location or facility, per attached Senior Procurement Executive Message. Contractors are required to attest to their CO/COR or TPOC, in writing, that all on-site contractor employees are following this guidance.
FACE COVERINGS
NOAA is committed to taking appropriate safety precautions to support the health and well-being of our employees and affiliates in response to the COVID-19 pandemic and will continue to assess all measures necessary to mitigate risks to the spread of the disease consistent with guidance from the Centers for Disease Control and Prevention (CDC).
To help slow the spread of COVID-19, CDC recommends the use of face coverings in public settings where other social distancing measures are difficult to maintain. NOAA personnel are strongly encouraged to follow CDC and State guidelines on the use of face coverings.
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html
All individuals inside NOAA occupied workplaces are required to wear face coverings until further notice and are encouraged to maintain social distancing guidelines. Face coverings should cover the nose and mouth, but do not need to be medical-grade masks. Face coverings can be cloth masks, scarves, and bandanas. Managers are responsible for determining social distancing practices in their individual offices.
(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
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
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
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— https://www.acquisition.gov/far/52.204-25#FAR_52_204_25
(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…
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