RFQ_Open_Market_Template.pdf

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National Aeronautics and Space Administration

NASA Shared Services Center Stennis Space Center, MS 39529-6000

8/12/2019

SUBJECT: Request for Quotation (RFQ) 4200705831Q, Building Dewar Vessel

This solicitation includes the following sections:

1. Statement of Work/Bid Schedule – Section 1

2. Instructions to Offerors – Section 2

3. Solicitation Provisions/Representations and Certifications – Section 3

4. Clauses/Terms and Conditions – Section 4

5. Quote Evaluation Criteria – Section 5

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SECTION 1

STATEMENT OF WORK/BID SCHEDULE

This a Brand Name or Equal To requirement.

ENTER SOW/BID SCHEDULE:

Statement for New 13k-15k Gallon Liquid Nitrogen Vessel

Rev: - Date: 08/01/2019

Table of Contents

1.0 Introduction

2.0 Acronyms

3.0 Applicable Specifications/Standards

4.0 Specification for Cryogenic Storage Tank

4.1 Performance

4.2 Tank Configuration

4.3 Tank Inner Vessel

4.4 Tank Outer Vessel

4.5 Piping, Connections and Valves

4.6 Safety Devices

4.7 Gauges

4.8 Fill System

4.9 Pressure Buildup System

4.10 Liquid Delivery System

4.11 Additional Specifications

4.12 Testing

5.0 Access to Facility/Travel Requirements

6.0 Deliverables

7.0 Receiving Inspection

9.0 Summary of Changes

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1.0 Introduction

This statement of work (SOW) is to provide a new liquid nitrogen storage vessel. This vessel must be a new ASME stamped 13,000 to 15,000 gallon vacuum insulated vessel to be located outside Building 351 at the NASA/Johnson Space Center in Houston, Texas. See section 4 for the new vessel specification.

2.0 Acronyms

ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials BPVC Boiler and Pressure Vessel Code CGA Compressed Gas Association ID Internal Diameter JETS JSC Engineering Technology and Services group JPR JSC Procedural Requirements JSC Johnson Space Center MAWP Maximum Allowable Working Pressure NASA National Aeronautics & Space Administration SEH Safety & Environmental Health SOW Statement of Work STM Subcontract Technical Monitor

3.0 Applicable Specifications/Standards

NASA-STD-8719.17, NASA Requirements for Ground-Based Pressure Vessels and Pressurized Systems (PV/S)

JPR 1710.13, Design, Inspection, and Certification of Ground-Based Pressure Vessels and Pressurized Systems

ASME B16.5, Pipe Flanges and Flanged Fittings ASME Boiler and Pressure Vessel Code (BPVC) ASME B31 series Piping Codes ASME B40.100, Pressure Gauges and Gauge Attachments CGA 341, Specification for Insulated Cargo Tank for Nonflammable Cryogenic Liquids CGA S-1.3, Pressure Relief Device Standards - Part 3 - Stationary Storage

Containers For Compressed Gases CGA V-6, Standard Bulk Refrigerated Liquid Transfer Connections

4.0 Specification for Cryogenic Storage Tank

This specification defines the requirements for a cryogenic fluid storage tank which will be located outdoors at the NASA Johnson Space Center, B351, Houston, Texas. These requirements are intended to meet JPR 1710.13 and NASA-STD-8719.17. The storage tank will be used to both supply cryogenic liquid and ambient temperature gas, and shall be a standard product for this type service. The storage tank specifications below will provide outlet lines equivalent to the existing supply lines.

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4.1 Performance

4.1.1 The tank, as used in this specification, is defined as a cryogenic fluid storage tank assembly that shall be capable of being filled with liquid nitrogen (at a minimum allowable temperature of -320°F) and supply liquid nitrogen and gaseous nitrogen.

4.1.2 The tank shall be capable of operation in an outdoor environment with an ambient air temperature range from 20°F to 105°F.

4.1.3 The tank shall be capable of operation in an outdoor environment with a relative humidity range of 30% to 100%.

4.1.4 The Maximum Allowable Working Pressure (MAWP) shall be at least 250 psig.

4.1.5 The design temperature shall be between -320°F to 100°F.

4.1.6 The tank pressure building regulator shall be adjustable from at least 50 psig to 250 psig. Replaceable springs are acceptable.

4.1.7 The tank net capacity shall be at least 13,000 gallons.

4.1.8 The minimum fill rate capability shall be 100 gallons per minute from an on-site highway transport vehicle operating at 20 psig.

4.1.9 The tank shall be capable of delivering liquid nitrogen continually at 2 gallons per minute at a delivered pressure not to exceed 90 psig for ambient air conditions of 90% relative humidity and at any temperature between 35°F and 95°F.

4.1.10 The tank normal evaporation rate shall not exceed 0.24% of capacity per day in nitrogen service (equivalent to 0.15% per day in oxygen service).

4.2 Tank Configuration

4.2.1 The tank shall include, at least, a conventional double-walled vacuum annulus type cryogenic tank with an inner vessel and an outer vessel: piping/tubing: inlet/outlet and component connections, valves, safety devices; gages; fill system; pressure buildup system; liquid delivery system

4.2.2 The tank shall be of the vertical installation type.

4.2.3 The tank shall be provided with legs and provisions to allow these legs to be bolted to a concrete slab via anchor bolts.

4.2.4 The tank shall have permanently installed lifting lugs to lift the tank into place.

4.2.5 The tank diameter shall not exceed 12 feet.

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4.3 Tank Inner Vessel

4.3.1 The tank inner vessel shall be constructed in accordance with ASME BPVC, Section

VIII, Division 1, for the MAWP specified in paragraph 4.1.4.

4.3.2 The tank inner vessel shall be registered with the National Board.

4.3.3 Materials of Construction: All the inner vessel materials of construction in contact with the gaseous/liquid nitrogen shall meet the ASME SA specifications and shall be selected from the following metallic materials listing:

SA-353, Type 1, 9% Nickel Steel SA-240, 304/304L, Stainless Steel SA-553, Type 1, 9% Nickel Steel SA-240, 316/316L, Stainless Steel

4.4 Tank Outer Vessel

4.4.1 The tank outer vessel shall be designed for full internal vacuum and exterior atmospheric pressure

4.4.2 The materials of construction for the outer vessels shall meet the ASME SA or ASTM A specifications and shall be selected from the following listing

SA-353, Type 1, 9% Nickel Steel SA-240, 304/304L, Stainless Steel SA-553, Type 1, 9% Nickel Steel SA-240, 316/316L, Stainless Steel A-36 Carbon Steel

4.4.3 The outer vessel shall be constructed in accordance with one of the following.

• The outer vessel may be constructed along with the inner vessel in section

4.3 as a jacketed vessel in accordance with ASME BPVC, Section VIII, Division 1.

b. The outer vessel may be constructed in accordance with CGA 341.

4.5 Piping, Connections and Valves

4.5.1 All piping shall meet ASME B31.3.

4.5.2 Piping and valves connecting the inner vessel and the outer vessel in the vacuum annulus shall be weldable 300 series stainless per ASME or ASTM specification, such as ASTM A213 TP304L.

4.5.3 All interconnecting piping/tubing and pipe/tubing joints in the vacuum annulus and the piping/tubing connecting to the inner vessel shall be welded.

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4.4.4 All materials of construction for the piping, tubing and valves outside of the outer vessel, except for thread sealants, shall meet the ASTM or ASME specifications and shall be from the following listing:

Copper 304L Stainless Steel Copper Alloys 316L Stainless Steel Brass Bronze

4.4.5 The required piping and piping sizing from outside the outer vessel to the inner vessel shall be, at least, the following:

• The top fill line connecting the vapor phase shall have an internal diameter (ID) equal to or greater than 1.5 inches.

• The bottom fill line connecting to the liquid phase shall have an ID equal to or greater than 1.5 inches.

• The safety relief and vent line connecting to the inner vessel vapor phase shall have an ID equal to or greater than that required for the calculated relief requirements for this vessel.

• The safety relief valve and vent line shall be a separate line from the top fill line. The line shall be routed to the inner vessel and have separate inner vessel connection.

• The top liquid level gage line connecting to the vapor phase shall have an ID equal to or greater than 0.30 inches.

• The bottom liquid level gage line connecting to the vapor phase shall have an ID equal to or greater than 0.30 inches.

• The full trycock line shall have an ID equal to a greater than 0.30 inches. The full trycock line shall also have its inner vessel connection at a level equal to or greater than the 13,000 gallon level.

• The gas/liquid withdrawal (economizer loop outlet) line shall have an ID equal to or greater than 1.5 inches.

• The gas/liquid withdrawal (economizer loop outlet) line shall enter the inner vessel tank bottom and form a inverted "U" in the vacuum annulus with the top of the "U" above the trycock level, and exit the tank outer vessel bottom.

• The bottom liquid withdrawal (aux liquid) line connection to the inner vessel bottom (liquid phase) connection shall exit the tank outer vessel bottom. The liquid withdrawal line shall have an ID equal to or greater than 1.5 inches.

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• The auxiliary liquid withdrawal line connection to the inner vessel bottom (liquid phase) connection shall exit the tank outer vessel bottom. The auxiliary withdrawal line shall have an ID equal to or greater than 1.5 inches.

• The auxiliary gas withdrawal line connection to the inner vessel top (gas phase) connection shall exit the tank outer vessel bottom. The auxiliary withdrawal line shall have an ID equal to or greater than

1.5 inches.

• The pressure build system vapor return line to the inner vessel top (vapor phase connection) shall be sized to meet pressure buildup requirements in accordance with paragraph 4.1.9.

• An evacuation line shall be provided connecting the outer vessel exterior to the vacuum annulus. The evacuation line shall terminate with a filter inside the vacuum annulus to retain the vacuum insulating material during evacuation.

4.5.4 Tanking Connections

4.5.6.1 All tank inlet/outlet connectors, both gaseous and liquid, shall be ASME B16.5 type pipe flange (with an ID equal to or greater than its line ID), except for the inlet connector discussed in paragraph

4.8.1 and the vacuum evacuation port shutoff valve discussed in paragraph 4.5.7.2.

4.5.6.2 Component connections: All gage connections and safety devices connections shall be threaded. The thread sealant shall be suitable for cryogenic service and compatible with liquid nitrogen. All other joint outside of the outer vessel shall be silver brazed except for stainless steel joints which shall be welded.

4.5.7 Valves

4.5.7.1 All valves (including check valves) and seals shall be compatible with the fluid of contact, both internal and external.

4.5.7.2 A vacuum evacuation port shut-off valve of sufficient size shall be provided to allow for pumping of the annulus. The connection should be a standard pipe connection. A vacuum port/blowout device may be used if an adaptor is provided.

4.5.7.3 All valves in which cryogenic nitrogen will/ can flow through them shall have extended stems and bonnets.

4.5.7.4 A vent valve connected to the vapor phase shall be provided

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• A trycock valve connected to vapor phase shall be provided at the maximum full level

• A gas/ liquid (economizer loop) withdrawal valve shall be provided.

• An auxiliary liquid withdrawal valve shall be provided.

• An auxiliary vapor withdrawal valve shall be provided.

• A vacuum tube gage valve shall be provided.

• Pressure control valves shall be provided as follows:

• Pressure building inlet valve

• Pressure building outlet valve

• Economizer isolation valve

• See 4.8 for additional fill system details.

• All piping, connections and valve sizing shall be documented on contractor furnished drawings and/or operating instructions manual.

4.5 Safety Devices

4.5.5 The inner vessel shall be protected from excessive internal pressure by a cross-over valve, dual relief valve and rupture disk system. A vent valve shall be provided for each side.

4.5.6 For the inner vessel, relief valves and rupture disks shall meet applicable requirements of ASME BPVC Section VIII, Division 1 and CGA S-1.3. Relief valves shall be set at 100 psig.

4.5.7 The outer vessel (outer shell) shall be protected by relief device per applicable requirements of ASME BPVC Section VIII, Division 1, and CGA S-1.3.

4.5.8 All piping sections in which cryogenic liquids or cold gas can be trapped by manual or automatic valve closing shall be protected by relief valves (thermal relief valves). These thermal relief valves shall meet ASME B31.3.

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4.6 Gauges

4.6.1 The tank shall be provided with a differential pressure liquid level indicator - Barton

Model 227 or equivalent - connected between the top gauge line and the bottom gage line.

• A shut-off valve shall be provided for both the top and bottom gauge lines.

• A bypass valve in between the top and bottom gauge lines shall be provided for checking the level gauge.

• The tank shall be provided with a vacuum gage tube and vacuum gage tube valve. The vacuum gage tube will be used to determine the tank vacuum in the vacuum annulus. The vacuum gage tube valve shall be located between the tank and vacuum gage tube.

4.6.2 The tank shall be provided with an operating pressure gauge connected to the top gauge line

4.6.3 All gauges shall have a range to meet ASME B40.100.

4.7 Fill System

4.7.1 A CGA-V6 Standard 1 ½ Nl-15- fixed end hose connector shall be installed at the fill line inlet and shall be able to mate with a CGA 1 ½ Nl-15 hose nut and headpiece. A connector manufactured by ACME Cryogenics, designation Nl- 150 will also suffice. A threaded metal dust cap, attached to the tank via a metal type lanyard, shall be provided for this inlet connector. lf a support stand of the fixed end hose connector is required, it shall be provided.

4.7.2 A fill line check valve shall be installed inboard of the fill line hose connector. Refer to paragraph 4.5.7.

4.7.3 A fill hose safety relief valve and a hose drain valve shall be provided.

4.7.4 The fill line shall tee off with one branch leading to the top fill valve and the other branch leading to the bottom fill valve.

4.8 Pressure Buildup System

4.8.1 The tank shall be provided with a pressure buildup system complete with a pressure building coil (ambient air heated vaporizing heat exchanger).

4.8.2 The tank pressure buildup system shall be sized such that the tank pressure droop will be less than 10% of tank initial set pressure when the tank is delivering liquid nitrogen as specified in paragraph 4.1.9.

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4.8.3 The tank pressure buildup system shall be capable of providing delivered tank pressure for any pressure as specified in 4.1.6.

4.8.4 The pressure building coil shall be fabricated from Aluminum extrusion and aluminum tubing/piping

4.9 Liquid Delivery System

4.5.9 The liquid delivery system shall consist of 2 lines and a shut-off valve for each line.

4.5.10 The liquid delivery system shall meet the delivery rate requirements as specified in section 4.1.9.

4.5.11 The tubing/piping shall have an ID equal to or greater than 1.5 inches.

4.6 Additional Specifications

4.6.1 All exterior carbon steel surfaces shall be coated with a suitable primer coating and finish coated with white polyurethane enamel- DuPont IMRO or equivalent.

4.6.2 The vacuum in the tank vacuum annulus shall be equal to or less than 100 millitorr upon final delivery to B351.

4.6.3 The vacuum, in the vacuum annulus, shall not exceed 200 microns cold 12 months after shipment.

4.6.4 The tank shall arrive at NASA/JSC Building 351 with a nitrogen pad pressure of at least

5 psig.

4.7 Testing

All testing results shall be reported per Section 6.0. The following test are required in addition to the testing required by the ASME Code Section VIII, Division I, for pressure vessels.

4.7.1 The tank shall arrive at the NASA/JSC Building 351 with a nitrogen pad pressure of at least 5 psig.

4.7.2 The tank vacuum-tightness, of the inner and outer vessels, shall be verified by testing:

i.e. pulling a vacuum on the tank vacuum annulus to meet the requirements of paragraph 4.11.2.

4.7.3 The piping shall be leak tested at 90% of MAWP in paragraph 4.1.4 and all joints, including the safety devices inlet connection, shall be soap bubble checked for leakage.

The maximum allowable leakage shall be zero bubbles for a test period of at least five minutes.

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4.12.4 The thermal relief valves shall be tested for cracking and reseat pressure per the requirements of paragraph 4.6.4.

5.0 Access to Facility/Travel Requirements

NASA or contractor personnel shall be permitted access the vendor facility for inspections.

4.10 Deliverables

4.11 Dewar and documentation to be delivered 7-10 weeks from contract award.

4.12 Fabrication drawings release for approval within 2 weeks of contract award.

4.13 Prior to fabrication, the following shall be submitted for approval.

4.13.1 One copy of the piping schematic with components legend shall be provided to the STM and approved prior to fabrication. The piping schematic shall include as a minimum all installed components.

4.13.2 A draft drawing approved by the STM of the proposed tank per the specifications above prior to fabrication and an as built drawing upon completion of the tank installation.

4.13.3 A typical manufacturer's traveler for this type vessel shall be provided prior to fabrication to determine if customer inspection points are required.

4.14 The 13000 to 15000 gallon LN2 storage tank, in accordance with section 4, shall be delivered to NASA/JSC Building 351.

4.15 Data Pack

The subcontractor shall provide both a printed and electronic copy of the data pack for the vessel and relief devices, consisting of at least the following information.

4.15.1 The manufacturer Certification Certificate (s) for the vacuum annulus (vacuum-tightness) testing and piping tests.

4.15.2 Calculations used to support the selected pressure relief devices used on the vessel.

4.15.3 Test reports of the crack, open, and reseat pressures of all pressure relief valves.

4.15.4 Test report for burst disks.

4.15.5 Manufacturer's Data Report per BPVC Section VIII, Division 1

4.15.6 Manufacturer's Certificate per CGA 341 if applicable

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4.15.7 Vessel pressure test report or cold stretch report per BPVC Section VIII, Division 1.

4.15.8 Piping pressure test report per B31.3.

4.15.9 One set of disassembly/assembly instructions.

4.15.10 Operation and maintenance manual.

4.15.11 Weld maps

4.15.12 NDE reports

4.16 Other

6.6.1 Vacuum port adapter if a combination vacuum port/blowout device is used per 4.6.3.

4.8 Receiving Inspection

A receiving inspection as follows will be performed within 30 days of the receipt of the vessel and data report in sections 6.2 and 6.3.

4.9 Visual Inspection of vessel and piping

4.10 Review of data pack

4.11 Verification of vacuum level

4.6 Financial/ Payment

4.7 Payment terms are 50% upon contract award, 40% on fabrication drawing approval and remaining 10% upon receipt of dewar and documentation as detailed in Section 6.0.

9.0 Summary of Changes

Rev. Description Initial Release

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SECTION 2

INSTRUCTION TO OFFERORS

☒52.212-1 Instructions to Offerors – Commercial Items (Oct. 2018) Addendum to 52.212-1

Quotes for the item(s) described in the RFQ are due by 8/15/2019 by 11:00 a.m. CT to Enter Name at Enter email address in order to be considered for award. If it is in the best interest of the Government, quotes submitted after the due date may be accepted. Quotes shall remain valid for 30 days unless otherwise expressly stated on the quote. Submitted Quotes shall list two points of contacts including name, phone number, and email address.

All contractual and technical questions must be in writing (e-mail) to Enter Name at Enter email address no later than 8/14/2019 by 11:00 a.m. CT. Telephone questions shall not be accepted.

The NAICS Code for this procurement is 332420

This procurement is set aside for small business.

Offeror’s shall be registered at www.sam.gov in order to be considered for award.

Delivery is FOB Destination.

http://www.sam.gov/

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SECTION 3

SOLICITATION PROVISION/REPRESENTATIONS AND CERTIFICATIONS

☒52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR http://farsite.hill.af.mil/vffara.htm NFS http://farsite.hill.af.mil/vfnasaa.HTM

FEDERAL ACQUISITIONI REGULATION (FAR) PROVISIONS INCORPORATED BY

REFERENCE:

☒52.204-07 System for Award Management (Oct 2018) ☒52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) ☒52.204-17 Ownership or Control of Offeror (Jul 2016) ☒52.209-02 Prohibition on Contracting with Inverted Domestic Corporations – Representation (Nov

2015) ☒52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Or

Transactions Relating to Iran – Representation and Certifications (Aug 2018) ☐52.223-1 Biobased Product Certification (May 2012)

FAR PROVISISIONS IN FULL TEXT:

☒52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS

(OCT. 2018)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfnasaa.HTM http://www.sam.gov/portal

15 V2.0 9-22 who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(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.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

(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.

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

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women;

or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

https://www.acquisition.gov/

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

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

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

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

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

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

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

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

_____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

21 V2.0 9-22 unknown origin tohave been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American— Supplies.”

(2) Foreign End Products:

LINE ITEM NO. 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:

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

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Canadian or Israeli End Products:

Line Item No.: Country of Origin:

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

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

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

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

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

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

Other End Products

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

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

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

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

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

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

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

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

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms.

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

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

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

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

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

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

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding…