21-00049 HVAC Jacksonville FL CONTRACT OPPORTUNITIES.docx

COMBINED SYNOPSIS/SOLICITATION

PURCHASE, REPLACE AND UPGRADE THE COMPUTER ROOM AIR CONDITIONING (CRAC) UNIT NATIONAL WEATHER SERVICE (NWS) WEATHER FORECAST OFFICE (WFO) JACKSONVILLE, FL

This is a Liebert 8-ton quantity of two brand or equal: At time of quote submission please identify clearly whether you are providing the Liebert brand or the brand equivalency with the specifications for any other brand. Equivalency will be based upon system performance, reliability, energy efficiency, footprint, warranty and meeting all specification requirements. This is a Pass/Fail for meeting the technical requirements.

This requirement is posted as a product requirement under the North American Industry Classification System (NAICS) due to the product is the greater cost over the nonpersonal 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; quotes 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 NWWP92062100049SRG.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-04 (JAN 2021) (DEVIATION 2020-11) (AUG 2017).

(IV) This solicitation is being issued as a total small business set-aside. The associated NAICS code is 333415. The size standard is 1250 employees.

(V) This combined solicitation/synopsis is for purchase of the following commercial services:

CLIN 0001: Purchase, replace and upgrade the Computer Room Air Conditioning (CRAC) Unit National Weather Service (NWS) Weather Forecast Office (WFO) Jacksonville, FL

PROVIDE CERTIFICATES OR SELF-CERTIFICATION THAT THE PRODUCTS WHICH WILL BE UTILIZED IN THE TASKS OF THE SCOPE OF WORK WILL BE GREEN ENVIRONMENTAL PER THE FAR CLAUSES LISTED _________ (INITIAL AND/OR ADD DOCUMENTATION.

THE GOVERNMENT INTENDS TO AWARD A LOWEST PRICED TECHNICALLY ACCEPTABLE FIRM-FIXED-PRICE BEST VALUE ORDER RESULTING FROM THIS SOLICITATION.

PROVIDE DOCUMENTATION DEMONSTRATING TECHNICAL SPECIFICATIONS IN ACCORDANCE WITH THE STATEMENT OF NEED (SON).

A QUOTE CANNOT BE ACCEPTED FROM YOUR COMPANY IF YOU ARE NOT REGISTERED AND ACTIVE IN THE FOLLOWING WEBSITE: https://sam.gov/SAM/

QUOTE’S RECEIVED FROM CONTRACTORS WHO ARE NOT ACTIVE IN SAM WILL NOT BE CONSIDERED.

INDICATE APPLICABLE FEDERAL, STATE AND LOCAL TAXES.

(VI) Description of requirements is as follows:

STATEMENT OF NEED (SON)

DEPARTMENT OF COMMERCE (DOC)

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)

NATIONAL WEATHER SERVICE (NWS)

WEATHER FORECAST OFFICE (WFO)

JACKSONVILLE, FL WEATHER FORECAST OFFICE

PURCHASE, REPLACE AND UPGRADE THE COMPUTER ROOM AIR CONDITIONING (CRAC) UNIT NATIONAL WEATHER SERVICE (NWS) WEATHER FORECAST OFFICE (WFO) JACKSONVILLE, FL

National Weather Service Forecast Office 13701 Fang Drive Jacksonville FL 32218

Background:

The National Weather Service (NWS) Weather Forecast Office (WFO) Jacksonville, FL (JAX) needs a variety of facility upgrades.

Objectives:

Replace Computer Room Air Conditioning (CRAC) Unit and Raised Access Flooring.

The government may award one or more tasks. A pre-quote site visit is highly recommended. It is the responsibility of the contractor to inform himself of all existing issues with the systems. Contractor shall provide pricing for each task

Scope:

Task 1 - Replace Computer Room Air Conditioning Units

Replace existing CRAC units with new systems serving site Equipment, Electric, and Communications Rooms. Based upon estimated heating & cooling loads, this site will require two 8-ton Liebert, or brand systems. Please identify clearly whether you are providing the Liebert brand or the brand equivalency with the specifications for any other brand. Equivalency will be based upon system performance, reliability, energy efficiency, footprint, warranty and meeting all specification requirements. Perform cooling load calculations and size new equipment to meet demand in all seasons. Systems must continually maintain rooms between 65-74 degrees Fahrenheit and 45-55% Relative Humidity. New systems must have N+1 redundancy to ensure system availability in the event of component failure. Components (N) must have at least one independent backup component (+1). New system must automatically transfer to the backup unit upon primary system failure to maintain set point. New systems must automatically switch lead system to lag each month to balance operating hours between primary and standby systems. Enable monitoring and control of new systems through integration with existing Building Automation System. Refer to as-built mechanical drawings for original installation. (Copies available upon request) Heating and cooling must be maintained in the Equipment room 24 hours x 7 days per week without interruption.

The Contractor Shall:

· Remove Liebert units and dispose of off-site.

· Recover and dispose/ recycle refrigerant per industry standards and EPA regulations.

· Inspect, repair and or replace electrical & control wiring to support new Liebert units.

· Replace existing refrigeration copper lines with rough service insulated copper line sets.

· Line sets shall be sleeved and sealed at wall or floor penetrations, per Manufacturer and 2018 UMC code.

· Provide and install new Liebert (or equal) units and all appurtenances necessary to deliver a fully functional system.

· Install and set iCOM control system to run one Liebert unit (or equal) as primary and one unit as backup. Provide capability to alternate lead and lag systems to balance total operating hours.

· Provide system equipment to maintain room temperature and humidity between 65-74 degrees F and 45-55 percent relative humidity.

· Incorporate infrared humidifier with 11 lb./hr. capacity and downflow configuration with electrically commutated, variable speed fans on each unit

· Provide electrically commutated, variable speed fans for each condenser unit

· Install equipment grounding in compliance with National Weather Service Manual 30-4106

· Setup and perform functional tests validating smooth transition from primary to backup units.

· Provide manufacturer’s design and commissioning standard or equal compliant with ACCA standards.

· Provide proof of warranty registration within 90 days of installation.

· Dispose of all construction debris off site and return all work areas to a clean, operational condition

· Provide 8 hours of training and maintenance information to local staff.

· Set sequencing of units to ensure smooth changeover of lead system to lag system each month to balance operating hours.

· Install units such that they discharge cold air out the bottom and the plenum used for conditioned air distribution is the space between the concrete slab and the raised computer flooring. The return air intake must be at the top of the HVAC unit. The computer server racks receive conditioned air from under the floor and exhaust air out the top. All units must be able to provide this exchange of air from the floor up to establish cooling of the IT equipment in the room.

· Install new Liebert (or equivalent) units and appurtenances to deliver a fully functional HVAC system.

· Provide all rigging to remove and replace compressors without damaging existing equipment buildings, walkways, landscape and sprinkler system.

· Be responsible for restoring work site to original condition.

· Clean up and haul off all debris.

· Be responsible for all licenses, permits, and fees required for completing work.

Ensure all recycled products and services conform to the requirements of Section 608 of the Clean Air Act of 1990, including venting, evacuation, reclamation, recovery, recycling, leaks, and technician certification per the reference http://www.epa.gov/Ozone/title6/608/608fact.

Task 2 – Replace Raised Access Flooring

Remove existing access floor panels and replace with new. The current access floor system needs replacement due to chipping, cracking and warping at the corners and tile stands that are failing. This poses a critical trip/fall risk to WFO personnel.

The NWS will consider alternate methods to replacing the access floor system which will meet specifications outlined below and result in a smooth and safe finished floor. The alternate method will be approved by NWS prior to contract award.

Concentrated Load (max. deflection .080”)-1000 lbs.

Rolling Load (max. .020” average over-all deformation)-600 lbs.

Ultimate Load-4000 lbs.

Color- Gray Starlight

The Contractor shall provide all materials, labor, transportation, equipment and all miscellaneous items necessary to install new High-Pressure Laminate (HPL) floor panels utilizing current access floor substructure or replacing it in the operations area, equipment room, and the communications room. The color of the HPL surface will be Gray Starlight. The contractor will install approximately 19 new air access panels in the equipment room along with 13 cable access panels. Inspect existing floor substructure. Replace as needed to ensure a smooth finished floor surface.

Prior to removing/replacing raised access floor the contractor will remove all systems furniture (note configuration) and store. Once new floor is installed contractor will reinstall systems furniture in same configuration. Furniture tear down, removal, and reinstall should follow floors installation phasing. The NWS will accept alternate methods to system furniture removing and storing, however it must be approved prior to contract award.

There will be floor tiles identified in the equipment room that cannot be replaced or new panels will have to be cut to fit.

Drill holes and sleeve raised flooring to accommodate electrical conduit and communication wiring.

Security:

The contractor(s) will be required to sign in each morning at the front reception area and sign out each evening.

*** The C & A requirements of clause 73 does apply and a Security Accreditation Package is required. ***

Place of Delivery and Installation:

National Weather Service Forecast Office 13701 Fang Drive Jacksonville FL 32218

Due Date:

Provide a fully functional and operational system 120 days from contract award date.

Project Warranty and Application Support:

Contractor shall provide a written warranty for the installed system for a period of (1) one for year parts and (1) one year for labor from the date of acceptance.

A. Compliance The Contractor shall comply with all local, state, and Federal environmental, health, and safety regulations while conducting this work. In addition, the Contractor shall ensure that all work is compliant with all applicable codes and be responsible for all licenses, permits and fees required to complete this project.

B. Disposal The Contractor will be required to properly remove and dispose of all waste material in an environmentally friendly manor.

C. Guidelines The Project shall follow the guidelines stated in the Statement of Work, site diagrams, blueprint, and any contractor provided quoted documents. All modifications must be submitted and approved by the Contracting Officer.

D. Hours of Operation Work shall be performed between 7:00am & 5:00pm Monday thru Friday unless otherwise approved by the POC. 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, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, Christmas, Memorial Day, Presidents Day, Independence Day & Martin Luther King Day.

D. Facility Access A Project sign in sheet shall be completed each day for all contractors, contractor employees and sub-contractors on site.

E. Government Contact The Steven Davis and Charles Yaws will serve as the Government’s POC for all submissions.

F. Documents The Government does not warrant that any documents provided as attachments to be free from discrepancies, ambiguities, errors, omissions, or changing conditions. It is the responsibility of the Contractor to confirm existing conditions and resolve discrepancies between documents.

G. Project Duration Project shall be completed within 60 days of notice to proceed.

SAFETY AND EMERGENCY PLAN

GOVERNMENT PROVIDED MATERIALS AND/OR SERVICES

A. EXCLUSIONS:

Unless otherwise indicated elsewhere in this SOW, the Government will provide no data, materials, equipment and/or services to the Contractor. Any and all research required to fulfill the SOW described herein, shall be the responsibility of the Contractor. The Government retains the right to request the Contractor to acquire additional information on behalf of the Government.

B. WARRANTY:

The Government does not warrant that any documents provided as attachments to be free from discrepancies, ambiguities, errors, omissions, or changing conditions. It is the responsibility of the Contractor to confirm existing conditions and resolve discrepancies between documents.

C. SUBMITTALS:

***All submittals shall become the property of the U.S. Government***

(VII) Hydrogen will be delivered to National Weather Service 1900 English Road, Amarillo, TX 79108, in accordance with the incorporated statement of need:

Base Year: 01/1/2021 through 12/31/2021 Option Year 1: 01/1/2022 through 12/31/2022 Option Year 2: 01/1/2023 through 12/31/2023 Option Year 3: 01/1/2024 through 12/31/2024 Option Year 4: 01/1/2025 through 12/31/2025

(VIII) FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUN 2020)(DEVIATION 2019-03)(JUNE 2019)(DEVIATION 2020-07)(MAY 2020), APPLIES TO THIS ACQUISITION. THIS IS A BEST VALUE ACQUISITION.

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— (1)The solicitation number;

(2)The time specified in the solicitation for receipt of offers;

(3)The name, address, and telephone number of the offeror;

(4)A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5)Terms of any express warranty;

(6)Price and any discount terms;

(7)“Remit to” address, if different than mailing address;

(8)A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9)Acknowledgment of Solicitation Amendments;

(10)Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11)If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f)Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i)Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A)If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B)There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or (C)If this solicitation is a request for proposals, it was the only proposal received.

(ii)However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3)Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4)If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5)Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i)Availability of requirements documents cited in the solicitation.

(1) (i)The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii)If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2)Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i)ASSIST ( https://assist.dla.mil/online/start/).

(ii)Quick Search ( http://quicksearch.dla.mil/).

(iii)ASSISTdocs.com (http://assistdocs.com).

(3)Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i)Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii)Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii)Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4)Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $10,000.00, and offers at any dollar level if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k)[Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1)The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2)The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3)The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4)A summary of the rationale for award;

(5)For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6)Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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.

Quotes shall be fully executed and returned using the quoting section of this solicitation, or the use of the Synopsis fill in the blanks is acceptable and any acknowledgements of solicitation amendments on the SF 30 or provided within the text of the posting. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable (preferred) and can be sent to Suzanne Garrett, email suzanne.garrett@noaa.gov.

At a minimum the contractor shall provide the following information:

CAR 1352.215-72 INQUIRIES (APR 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING (EMAIL) TO SUZANNE.GARRETT@NOAA.GOV. QUESTIONS SHOULD BE RECEIVED NO LATER THAN 4:00 P.M. MDT/MST, 2/8/2021. 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.

Site Visit: All Bidders are strongly encouraged to make a site visit to inspect all proposed work and to acquire all necessary site information to properly prepare the Quote. Failure of the Contractor to visit the site and acquire all necessary site information to properly prepare the quote shall not be acceptable cause to justify a later request for additional costs after Contract Award. Any questions that come up at the site visit must be provided to Suzanne Romberg-Garrett via email at suzanne.garrett@noaa.gov. No questions will be answered on site.

RFQ FAR 52.237-1 SITE VISIT (APR 1984)

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.

If you wish to have a site visit, please contact the following person(s):

Point of Contacts:

Primary:

Michael Hicks, Facilities Engineering Technician,

(682) 304-7794 michael.hicks@noaa.gov

Secondary:

Shane Still, ESA 741-5186 Ext. 260 Shane.still@noaa.gov

(IX) FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS (OCT 2014), 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. This is a lowest priced technically acceptable (LPTA) requirement evaluation of all associated quoted costs.

1. Meet technical specifications. This is rated as a PASS/FAIL.

2. Provide how each task will be managed. This is rated as a PASS/FAIL.

3. Provide proof of insurance at submission. If you get the award, then follow up with proof of insurance specific to this site “purchase and installation” within a week prior to beginning award. (FAR 52.237-2)

4. Price - This pricing must follow the regulations, laws and statute. Provide a breakdown of all rates for all parts of the cost of purchase and delivery.

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 receipt, unless written notice of withdrawal is received before award.

(X) THE OFFEROR MUST SUBMIT A COMPLETED COPY OF THE PROVISION AT FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (JAN 2021) (DEVIATION 2020-11) (AUG 2020) 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. Ifthe 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—

(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 Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs [Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

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

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it

□ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □is, □is not a small disadvantaged business concern as defined in 13 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 womenowned 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.) (DEVIATION 2020-11)

(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…