60RRBH19Q0012.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

60RRBH19Q0012

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/12/2019

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME Sarina Day (sarina.day@rrb.gov)

b. TELEPHONE NUMBER (No collect calls) 312-751-2555

8. OFFER DUE DATE / LOCAL

TIME

08/05/2019 13:00:00

CODE ACQMGMT

U.S. Railroad Retirement Board Acquisition Management 844 N. Rush St.

Chicago, IL 60611

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

030CODE15. DELIVER TO

U.S. RAILROAD RETIREMENT BOARD

OFFICE OF ADMINISTRATION

844 N RUSH ST., 5TH FL.

CHICAGO, IL 60611

CODE 03916. ADMINISTERED BY

U.S.RAILROAD RETIREMENT BOARD

ACQUISITION MANAGEMENT

844 N. RUSH ST., 9TH FL.

CHICAGO, IL 60611

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

U.S. RAILROAD RETIREMENT BOARD

FISCAL OPERATIONS

844 N RUSH ST., 5TH FLOOR

CHICAGO, IL 60611

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Paul T. Ahern

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: 60RRBH19Q0012 PROCESSED Page 1 of 33

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: 60RRBH19Q0012 PROCESSED Page 2 of 33

Table of Contents

Section Description Page Number

I Introduction Introduction

II Schedule of Supplies and Services Price Schedule and Contractor Information

III Statement of Work Statement of Work

IV General Terms and Conditions Remittance Address 52.212-3 Offeror Representations and Certifications--Commercial Items (Apr 2016) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (June 2016) 52.222-6 Construction Wage Rate Requirements (May 2014) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.236-5 Material and Workmanship (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) RRB.A.01 A. General RRB Provision-1.Technical Direction RRB.A.03 A. General RRB Provision-3.Billing RRB.A.07 A. General RRB Provision-7.The Role of Government Personnel and Responsibility for Contract Administration RRB.A.09 A. General RRB Provision-9.Site Visit RRB.B.01 B. Security Provisions-1.Security Information RRB.B.04 Privacy and Security RRB.B.05 Wage Determination

V Proposal Submission Instructions Submission of Quotations/Proposals

VI Evaluation and Award Evaluation and Award

VII List of Attachments Attachments

Document Number: 60RRBH19Q0012 PROCESSED Page 3 of 33

Section I - Introduction

Introduction

A. Agency Information - The U. S. Railroad Retirement Board (RRB) is an independent Federal agency that administers a retirement and survivor benefits program for railroad employees and their families. The RRB was established by the Railroad Retirement Acts of 1937 and 1974. The RRB headquarters is located in Chicago, Illinois.

B. The RRB is seeking the services of a contractor to provide labor, supervision, materials, equipment and all associated accessories for preparing surfaces, wall modification and construction, new acoustical ceiling, elec-trical rewiring, fire alarm rework, installation of new LED lights, and the installation of a new sink and kitchen and vending equipment for the renovation of a Micromarket Vending area on the 9th floor of the RRB as spe-cified in Section III as well as the attached drawings of this solicitation.

Section II - Schedule of Supplies and Services

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

0001 Architect and Engineering- Construction: Office

Buildings

1.000000 JOB

Description:

Offerors shall enter above a firm-fixed price for services, as described in the Statement of Work of this solicitation, to provide labor, materials, and supervision for the 9th flr. micro-market vending room at the RRB headquarters building at 844 N Rush St, Chicago IL, 60611.

Contractors requesting interim billing should break out project costs associated with Submittals listed in Section III Para O.

Price Schedule and Contractor Information

A. Offerors shall complete sections B. (pricing offer), C. (Contractor Information), D. (Offeror Reps and Certs)

B. PRICING INFORMATION

Offerors shall provide a firm fixed price for services as described below in Section III to construct the Micro-market Vending area on the 9th floor of the RRB.

C. CONTRACTOR INFORMATION FOR ORDER ADMINISTRATION

1) Order address: _________________________

2) Business size* _________________________

Document Number: 60RRBH19Q0012 PROCESSED Page 4 of 33

3) Federal Tax ID# _________________________

4) DUNS No. _________________________

5) Remit Address _________________________

6) Offer is:

(a) GSA MAS Contract Number _____________________

(b) Open Market ______________

(c) Other _____________

7) Authorized representatives: Bus. Tech.

Name

Phone __________ ____________

Fax # __________ ____________

E-mail __________ ____________

8) Central Contractor Registration (CCR) completed:

YES [ ] NO [ ]

Offeror must be registered on CCR (www.ccr.gov) to be eligible for award of a contract or order.

* Business size must be properly annotated on CCR Site.

D. (Extract from:) OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

ITEMS (AUG 2009) (FAR) 52.212-3

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual represent-ations and certifications electronically at http://orca.bpn.gov.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of

Document Number: 60RRBH19Q0012 PROCESSED Page 5 of 33 this provision do not automatically change the representations and certifications posted on the Online Repres-entations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database 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 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 ______________.

Section III - Statement of Work

Statement of Work

A. Description of services and Project Obectives

The Contractor shall provide labor, supervision, materials, equipment and all associated accessories for preparing sur-faces, wall modification and construction of new walls, electrical rewiring, installing new LED light fixtures in new ceiling grid system and existing gypsum ceiling, installation of casework and shelving, addition of sink, replacement of existing flooring, fire alarm modifications, as well as various HVAC modifications as indicated on the attached draw-ings, for the construction of the new Micromarket Vending area on the 9th floor of the RRB. All work for this project must meet the requirements of the attached drawings (one thru five) and the requirements and specifications listed in Section III, Statement of Work and Attachments 1, 2, 3, and 4.

B. Hours of Performance

1. Work will be performed after normal working hours i.e. 6:30PM – 6:00AM or on weekends unless otherwise ar-ranged and/or directed by the Contracting Officer (CO) or Contracting Officer’s Representative (COR).

2. The RRB Facility Manager will be conducting site visits on 7/16/19 at 9:30AM and 7/19/19 at 10:00 AM. Con-tact the RRB Facility Manager, Mr. Scott Rush at (312) 751-4566 or scott.rush@rrb.gov to arrange visit. No other site visits will be offered.

C. Special Instructions for Contractors:

1. Maintain access to existing walkways, exits, and other facilities used by occupants during working hours and after hours to the maximum extent possible.

2. Work areas immediately adjacent to work area are occupied. Conduct work so operations of occupied areas will not be dis-rupted.

3. Protect carpeted surfaces adjacent the work area so as to not damage existing carpeted flooring material or ceilings.

4. Contractor will be responsible for replacing any ceiling tile damaged during the construction.

5. Any walls, floors, doors, etc. that are altered or damaged during construction will be repaired to existing pre-damage conditions.

D. Contractor Qualifications and Submissions

1. The Contractor shall provide skilled and properly trained personnel in this trade for each and every phase of work performed.

E. Supplies, Materials and Equipment

1. Government Furnished Material:

Document Number: 60RRBH19Q0012 PROCESSED Page 6 of 33

a. N/A

2. Contractor Furnished Material:

a.The Contractor shall provide supplies, materials, equipment and all associated accessories to furnish a com-plete installation in accordance with applicable codes.

b.All materials required for proper surface preparation and patching, primer and paint, in-cluded but not limited to, wall construction, sound attenuation blanket, electrical wiring, HVAC and sprinkler modifications, shelving and mounting hardware, outlets, switches, occupancy sensors, and all raceways, wiring, and devices required for powering up food service equipment as indicated on plans.

c. Provide new flooring in the space as indicated on the drawing.

d. Provide all misc. conduit, wiring, outlets, dimmer switches, occupancy sensors, and materials needed to perform all electrical work as shown on the attached drawings. Install new conduit within concealed spaces.

e. Install new exhaust fan to replace existing as shown on the drawings.

Provide T&B as required.

f. Relocate existing fire alarm device to location shown on drawings. All programming and tie-in to the existing fire alarm system to be done by Siemens who is currently re-sponsible for the maintenance of the fire alarm system.

g. Provide and install new 2’x2’ decorative ceiling grid and tiles per the attached ceiling plan. Acoustical ceiling grid to be (Armstrong 9/16” Suprafine XL Mains, and Arm-strong 9/16” Suprafine ML 2’ Tee’s, and Angle Molding 9/16” X 7/8”. Ceiling Tile shall be Armstrong: Ledges #8013. 2’X2’ X ¾” Flush Tegular.) Ceiling grid to be this brand or equal. Ceiling grid to be approved prior to installation. Contractor to verify quantities needed. Existing hard ceiling to remain. patch as required.

h. Install new drywall and metal stud soffit as indicated on darwings.

i. Provide all misc. flex duct, sheet metal, collars, and supply air diffusers, return air grilles, and thermostat needed to provide proper ventilation as per the drawings.

j. Provide all misc. sprinkler pipe, fittings etc. to extend sprinkler lines and drops as shown on the drawings and adjust heights as needed to accommodate new acoustical and exisiting drywall ceiling.

k. Provide plumbing work as indicated on sketches. Coordinate plumbing work with vending service and casework.

F. Execution

a. Conduct pre-construction conference at site to coordinate work. Assume that work will not begin until all existing fur-niture is removed from the area by others.

b. Provide demolition existing light fixtures, as on drawings. Provide new 2x2 LED light fixtures with dimmer switch at the entry door and new occupancy sensor in ceiling. See attached drawings for product numbers. Verify with lighting control manufacturer prior to procurement.

c. All new soffits, walls etc. to be constructed using 3 5/8" steel studs 16" OC and 5/8" fire rated drywall. Drywall will be finished to smooth finish. All drywall to be painted using one coat of primer and 2 coats painted to color as indicated.

(Benjamin Moore Paint, Eggshell Finish, Color 996)

d. Provide all electrical rough-in as shown on the attached drawings.

e. Provide new outlets and electrical demolition as shown on attached drawings. Revise existing power circuitry as neces-sary to properly install all power outlets, equipment, and low voltage wiring.

f. Identify and label all circuits in existing electrical panels, as well as on each outlet faceplate.

g. Lighting: Please refer to architectural reflected ceiling plans for lighting layout. New lighting fixtures to be Lithonia

Lighting 2VTL2 2x2, 40L (4000 lumens), acrylic linear prismatic diffuser, EZ1 Driver, color temperature as selected by Owner, nLight Wired (N80) with 80% lumen management. New nLight Eclypse controller shall be installed in North Electrical Closet. Verify all components, hardware, cabling, and connections with lighting and lighting controls manu-facturer.

h. Relocate existing fire alarm device in location shown on drawings. Extend all conduit and wiring as required. All pro-

Document Number: 60RRBH19Q0012 PROCESSED Page 7 of 33 gramming and tie-in to the existing fire alarm system to be done by Siemens who is currently responsible for the main-tenance of the fire alarm system.

i. Prepare all surfaces for work/painting to be performed. All new wooden doors and wooden door frames and casements shall be finished to match existing surrounding doors and frames as in the style and finish which matches the adjacent 9th floor areas.

j. All work for this project must meet the requirements of the NEC, NFPA, and all applicable codes.

k. Remove existing flooring, and haul away. Perform all required floor preparation as needed to prepare floor for accept-ance of flooring.

l. HVAC Scope of Work: Provide means to meet equipment cooling loads in the new Micromarket room with a new glycol cooled heat pump. See attached Mechanical drawings for scope.

m. Fire Protection Scope of Work:

Relocate and sprinkler heads as required to accommodate new space layout. Connect to existing piping. Installation to be in compliance with NFPA 13.

G. Workmanship

1. All work shall be coordinated and scheduled with the COR Mr. Scott Rush, 312-751-4566 or scott.rush@rrb.gov

2. The CO or COR has the right to reject any unsatisfactory or unsuitable material or workmanship.

3. All work shall be accomplished in accordance with the best practices of the trades.

H. Debris Removal

1. All debris generated in the performance of this contract shall be removed daily by the Contractor. Debris shall be removed offsite by the Contractor at the Contractor’s expense.

2. It is not expected that hazardous materials will be encountered in the work. If materials suspected of contain-ing hazardous materials are encountered, do not disturb, immediately notify Government. Hazardous materials will be removed by Government under a separate contract.

I. Contractor Compliance and Responsibility

1. The Work, including contact with or handling of hazardous materials, disturbance or dismantling of structures containing hazardous materials, and disposal of hazardous materials, shall comply with the applicable requirements of 29 CFR Parts 1910 and 1926, and 40 CFR Parts 61, 261, 761 and 763.

2. The Contractor shall assume full responsibility and liability for compliance with all applicable codes, stand-ards, and regulations pertaining to the health and safety of personnel during execution of the work, and shall hold the government harmless for any action on the Contractor’s part, or that of the Contractor’s employees of subcontractors, that result in illness, injury, or death.

3. The Contractor shall provide for appropriate emergency first aid materials and equipment. In addition, the con-tractor must provide the following equipment on site throughout the project: a twenty pound ABC-rated fire extinguish-er.

J. Products

1. PERSONAL PROTECTIVE EQUIPMENT

Special facilities, devices, equipment, and similar items used by the Contractor in execution of the Work shall comply with 29 CFR Part 1910, Subpart I and other applicable regulations.

2. HAZARDOUS MATERIALS

a. The Contractor shall bring to the attention of the Contracting Officer, or the Contracting Officer's authorized representative, any material encountered during execution of the work that the Contractor suspects is hazardous.

b. The Contracting Officer shall determine whether the Contractor shall perform tests to determine if the material is hazard-ous.

K. Protection of Personnel

Document Number: 60RRBH19Q0012 PROCESSED Page 8 of 33

1. The Contract shall take all necessary precautions to prevent injury to the public, occupants, or damage to property of others. The public and occupants includes all persons not employed by the Contractor or a subcontractor.

2. Where practical, the work area shall be fenced, barricaded, or otherwise blocked off from the public or occupants to prevent unauthorized entry into the work area.

a. Provide traffic barricades and traffic control signage where construction activities occur in vehicular areas.

b. Corridors, aisles, stairways, doors, and exits shall not be obstructed or used in a manner to encroach upon routes of ingress or egress utilized by the public or occupants, or to present an unsafe or unhealthy condition to the public or occupants.

c. Store, position, and use equipment, tools, materials, scraps, and trash in a manner that does not present a hazard to the public or occupants by accidental shiftings, ignition, or other hazardous activity.

d. Store and transport refuse and debris in a manner to prevent unsafe and unhealthy conditions for the public and occupants.

e. Cover refuse containers, and remove refuse on a frequent regular basis acceptable to the Contracting Officer. Use tarpaulins or other means to prevent loose transported materials from dropping from trucks.

L. Environmental Protection

1. Dispose of solid, liquid and gaseous contaminants in accordance with local codes, laws, ordinances, and regulations.

2. Comply with applicable federal, state and local noise control laws, ordinances and regulations, including but not limited to 29 CFR

1910.95 and 29 CFR 1926.52.

M. Guarantees and Warranties

1. The Contractor shall guarantee all work, material, equipment and labor for one year.

2. All work shall be free from defective or inferior materials,

3. Contractor shall provide technical assistance/ guidance during the warranty period

N. Submittals within 30 days of Award to COR

1. All submittal listed on Attachments

2. Copies of all subcontracts

3. Materials list

O. Deliverables to RRB

1. Updated Project plans within 2 weeks of contract award

2. Weekly written project reports

3. Biweekly review on site reviews with Contractors Site Superintendent

Section IV - General Terms and Conditions

Remittance Address

The contractor will be paid using the Remittance Address listed on the contractor's System for Award Management (SAM) registra-tion.

52.212-3 Offeror Representations and Certifications--Commercial Items (Apr 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifica-tion electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through

(r) of this provision.

Document Number: 60RRBH19Q0012 PROCESSED Page 9 of 33

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

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

"Forced or indentured child labor" means all work or service--

(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 un-der 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.

"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;

Document Number: 60RRBH19Q0012 PROCESSED Page 10 of 33

(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 busi-ness, 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" 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 un-der a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same com-pany 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

Document Number: 60RRBH19Q0012 PROCESSED Page 11 of 33

(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 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--

(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 oper-ations 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 SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through ht-tp://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the rep-resentations 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 solicita-tion (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 (r) 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 CFR 124.1002.

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small busi-ness 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 participat-ing in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a

Document Number: 60RRBH19Q0012 PROCESSED Page 12 of 33 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 circum-stances or adverse decisions have been issued that affects its eligibility; and

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

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

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

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

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

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal of-fice, 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 of-feror 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 re-quired 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

Document Number: 60RRBH19Q0012 PROCESSED Page 13 of 33 that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufac-tured 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 para-graph (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 Amer-ican--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, pro-duced, 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 Amer-ican--Free Trade Agreements--Israeli Trade Act":

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

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, 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:

Line Item No. Country of Origin

[List as necessary]

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

(2) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate 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:

Document Number: 60RRBH19Q0012 PROCESSED Page 14 of 33

Line Item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Line Item No. Country of Origin

[List as necessary]

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

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

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restric-tions 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 in-sufficient 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 Feder-

Document Number: 60RRBH19Q0012 PROCESSED Page 15 of 33 al 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 com-mission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

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

(4) Have, have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that ex-ceeds $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 determ-ined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not fi-nally 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 re-view of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice un-der I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further ap-peal 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 exer-cised 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 Requir-ing Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countries of Origin

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

(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in…