69056718Q000025.pdf

REQUEST FOR QUOTATION

Modular Weathering Steel Vehicular Bridge

Solicitation No. 69056718Q000025

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This is a Firm Fixed Price Request for Quotation (RFQ) being issued by the Federal Highway Administration (FHWA) Western Federal Lands Highway Division Acquisitions for a modular weathering steel vehicular bridge.

This solicitation is prepared in accordance with FAR Part 12, the acquisition of commercial items in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR 13, Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular

(FAC) 2005-97.

This solicitation is a TOTAL SMALL BUSINESS SET-ASIDE and the North American Industry Classification System (NAICS) code for this solicitation is 332312 with an industry size standard of 500 employees and the Product Service Code (PSC) is 5420. A responsible quoter is one whose offer conforms to the solicitation and will be most advantageous to the Government.

If you are interested in this acquisition, you may participate by submitting your response in accordance with the instructions in this solicitation.

It is the responsibility of the interested parties to incorporate any amendments and check the site http://flh.fhwa.dot.gov/business/simplified/ for Question and Answers.

Contractor must be registered and active in www.SAM.gov prior to award of order.

http://flh.fhwa.dot.gov/business/simplified/ http://www.sam.gov/

69056718Q000025 April 16, 2018

TABLE OF CONTENTS

SECTION A – SCHEDULE OF ITEMS

SECTION B – STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS

SECTION C – ATTACHMENTS

SECTION D – SOLICITATION PROVISIONS

SECTION E – CONTRACT CLAUSES

SECTION A – SCHEDULE OF ITEMS

ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

0001 Modular Weathering Steel Vehicular Bridge 1 EA $ $

OPTION ITEM – Provide any equipment and labor required to off-load and stockpile the bridge assemblies at the delivery location designated

1 LS $

Unique Entity Identifier (DUNS):

SECTION B – STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS

B.1 Background

Western Federal Lands Highway Division (WFLHD), a division of the US Department of Transportation – Federal Highway Administration, designs and administers, primarily, road construction projects on Federal Lands in the states of Alaska, Washington, Oregon, Idaho, Montana, and Wyoming. The type of construction is generally 2‐lane roads or highways either accessing Federal lands or within Federal lands.

B.2 Objective

The objective of this requirement is to support WFLHD operations by procuring a modular weathering steel vehicular bridge for use in project ID FS ERFO 2017(2)-28(1), BOISE

REPAIRS 2017.

B.3 Description of Requirement

This work consists of designing, fabricating, transporting, and stockpiling a bridge superstructure in accordance with the following specifications

B.3.1 Material

Conform to the following specifications:

Use steel conforming to the requirements of AASHTO M270, Grade 50W for the major superstructure components (girders, diaphragms, etc.) and AASHTO M270 36T galvanized steel for the decking. Use fasteners and hardware consistent with the major metal components being joined.

Provide stay in place steel deck pans (to be paved by others)

B.3.2 Design and Fabrication Requirements

• Design Features o Attachment C.001 is provided for reference.

o Provide a modular design that employs steel wide flange or plate girders as the main load carrying members. Design and fabricate the bridge such that the components may be assembled in the field with basic tools and skills. Make all field connections using high strength bolts. Furnish bridge consisting of longitudinal sections joined along their edges to form the full width structure.

o Furnish all necessary bearing assemblies, anchor bolts, and connectors to fully assemble the bridges on concrete abutments.

Concrete abutments will be furnished by others and are not included in this action o Furnish a bridge with span length sufficient to meet the overall bridge length as indicated in the elevation view shown in the attached diagram. The minimum bridge width is 14 feet rail-to-rail.

o Furnish a metal transverse deck intended to be paved with asphalt concrete pavement.

Install the metal decking prior to shipping. Provide a paving dam along the outside edge of the metal decking to contain the future asphalt wearing surface.

Asphalt concrete pavement will be furnished by others and is not included in this action o Prior to assembly, clean all exposed surfaces of self-weathering steel in accordance with Steel Structures Painting Council Surface Preparation Specifications, SSPC-SP-6, Commercial Blast Cleaning to provide a uniform surface and weathering.

o Rig main superstructure components with lifting devices to facilitate efficient installation of the bridges using equipment common to logging or construction operations. Place lifting devices so as not to interfere with traffic utilizing the structure, or make provisions to remove the lifting devices after the bridges are assembled in place.

• Design Criteria o Design the bridge in accordance with AASHTO LRFD Bridge Design Specifications, latest edition, with live load model HL-93 for the design live load vehicle.

o Provide for 3-inch future (design) asphalt wearing surface in computing the dead loads. Assume future wearing surface dead load of 25 pound/square foot of deck surface.

o Provide bridge rails, rail posts, and connections using the 1/2 AASHTO loads as specified in either of the above listed design specifications. Bridge rails shall consist of double layer W-beam guardrail, Type 4, weathering steel.

o Design the bridge as a non-Fracture Critical System (minimum of three beam/girder lines)

• Drawings and Calculations o Prepare drawings as necessary to adequately fabricate the bridges. This includes, but is not limited to, bridge detail plans including girder and deck member dimensions, anchor bolt layouts, erection drawings or instructions.

o Include in the General Notes the following information: design specification and method used (AASHTO LRFD, etc.); assumed dead and live loads; live load deflection criteria; steel grade(s); and any other information necessary to perform an independent structural check of the design. Furnish erection instructions including a full list of bridge components, hardware, and fasteners and an erection plan identifying pieces by piece mark and location in the structure.

o For manufactured components, other than rolled steel members, or sawn lumber, indicate on the drawings the relevant section properties (such as location of neutral axis, and moment of inertia or section modulus), as well as recommended maximum loading if given by the manufacturer, to allow a structural analysis of those components. This includes corrugated steel decking, if used o Furnish drawings and supporting calculations for acceptance before performing work covered by the drawings. If drawings are returned for revision, correct and resubmit for acceptance (allow 14 days per submission). If drawings must be resubmitted, the time for acceptance starts over. Contractor must obtain prior written approval for changes or deviations from the accepted drawings.

o Drawings may be submitted in either hard copy (paper) or electronic format. Include on each drawing and calculation sheet, the project number, name, and other identification as shown in the contract. Limit hard copy drawings to a maximum size of 24 by 36 inches. Alternatively, review drawings may be submitted in electronic format using Adobe Acrobat PDF file format.

o Final acceptance drawings (record set) and calculations shall bear the seal and signature of a professional engineer proficient in bridge design.

o Provide load rating summary and calculations in accordance with the AASHTO MBE as modified by the ITD MBE (latest editions).

• Steel Fabrication o Fabricate the structural steel in a fabricating plant that is certified under the AISC Quality Certification Program. If the primary girders for the bridges consist of welded plate girders, the plant must be certified in CBR (Major Steel Bridges). If the primary girders for the bridges consist of rolled steel beams, the fabrication must be certified in SBR (Simple Steel Bridges). Perform welding and weld qualification tests in accordance with the provisions of ANSI/AASHTO/AWS Bridge Welding Code D1.5.

o Furnish a copy of all mill orders and certified mill test reports. Mill test reports must indicate the chemical analyses and physical test results for each heat of steel used in the work. Furnish certified mill test reports and production certifications before the start of fabrication using material covered by these reports. Material may be furnished from stock which can be identified by heat number and mill test report.

o Do not drill, cut, or weld portions of structural members unless shown in the plans or approved in writing by the Contracting Officer’s Representative (COR).

o Fabricate (mill, grind, or weld as shown on the approved plans or as specified) end bearing stiffeners for girders and stiffeners intended as supports for concentrated loads to provide full bearing on the flanges to which they transmit load or from which they receive load. Fabricate intermediate stiffeners not intended to support concentrated loads to provide a tight fit against the compression flange.

o Finish bearing and base plates and other bearing surfaces that will come in contact with each other or with concrete to the ANSI surface roughness defined in ANSI B46.1, Surface Roughness, Waviness and Lay, Part I, in accordance with the following table:

ANSI Surface Roughness Values

Bearing Surface Surface Roughness Value (µm)

Steel slabs 50 Heavy plates in contact in shoes to be welded 25

Milled ends of compression members, milled or ground ends of stiffeners and fillers

Bridge rollers and rockers 6 Pins and pin holes 3 Sliding bearings 3 o Punch or drill all bolt holes.

Punched holes – Use a die diameter that is not more than 2 millimeters larger than the punch diameter. Ream holes that require enlarging to admit bolts.

Clean cut the holes without torn or ragged edges.

Reamed or drilled holes – Ream or drill holes so they are cylindrical and perpendicular to the member. Where practical, direct reamers by mechanical means. Remove burrs on the outside surfaces. Ream and drill with twist drills, twist reamers, or roto-broach cutters. Assemble and securely hold together connecting parts that are being reamed or drilled and match-mark before disassembling.

Accuracy of holes – Holes not more than 1 millimeter larger in diameter than the true decimal equivalent of the nominal diameter of the drill or reamer are acceptable. The slightly conical hole resulting from punching operations is acceptable.

Accuracy of hole group after reaming – After reaming, the maximum allowed offset of 85 percent of any contiguous group of holes through adjacent thicknesses of metal is 1 millimeter.

o Prior to shipping, mark each major component of the bridge superstructure with the same serial number. Ensure that the marking is permanent and clearly visible on each component, both when stacked in storage and when erected at a bridge site.

• Timber Fabrication o Bore holes for round drift pins and dowels to the same diameter as the dowel or pin.

Bore holes for square drift pins and dowels to a diameter equal to the side dimension of the pin or dowel. Bore holes for galvanized bolts to 1/8" larger than the diameter of the bolt. Bore holes for lag screws in accordance with Subsection 7.3.1 of the American Institute of Timber Construction Timber Construction Manual.

B.3.3 Assembly and Disassembly

Assemble the bridges prior to delivery to ensure proper fit-up of all components. Disassemble the bridges and transport the bridges in sections.

B.3.4 Transport and Delivery

• Package all hardware in water-tight containers clearly marked with their contents.

Coordinate and schedule the delivery with the COR at least 14 days prior to shipping.

• Deliver the completed bridge assemblies to:

USFS Lucky Peak Nursery

15169 E Highway 21 Boise, ID 83716

The nursery is located approximately 20 miles east of Boise, Idaho as indicated in the picture below.

• Deliver all materials no later than July 2, 2018. Contact COR at least 48 hours prior to delivery to arrange for access to the project site.

• Provide any equipment and labor required to off-load and stockpile the bridge assemblies at the location designated. NOTE: This task is subject to the needs of FHWA at the time of delivery and is identified as an OPTION ITEM.

B.3.4 Acceptance

Materials and fabrication will be evaluated by certification and visual inspection of the work as delivered for compliance with the requirements of this contract and prevailing industry standards.

Contractor must provide manufacturer's production certification that the materials used in the fabrication of the bridges complies with all contract requirements.

B.5 Authority to Obligate the Government

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed task order can be incurred before receipt of a fully executed task order or specific authorization from the Contracting Officer.

B.6 Payment for Unauthorized Work

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

SECTION C – ATTACHMENTS

The following attachments are incorporated in this solicitation and the resulting contract:

Attachment Description # of Pages

C.001 Preliminary Layout for Mores Creek Bridge 347-0.1 1

C.002 Past Performance Reference Questionnaire 4

SECTION D – SOLICITATION PROVISIONS

D.1 Incorporated by Reference

D.1.1 Federal Acquisitions Regulation (FAR)

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 https://www.acquisition.gov/?q=browsefar

52.203-18 -- Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-7 -- System for Award Management (Oct 2016) 52.204-16 -- Commercial and Government Entity Code Reporting (Jul 2016) 52.204-22 -- Alternative Line Item Proposal (Jan 2017) 52.212-1 -- Instructions to Offerors—Commercial Items (Jan 2017)

ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS (Jan 2017)

1. Instructions

a. Questions regarding this requirement shall be submitted no later than Wednesday, 5/02/2018, at 4:00 pm Pacific Time to Doug Taylor at WFL.Purchasing@dot.gov.

b. Response to this RFQ shall be submitted no later than Friday, 5/04/2018, at 2:00 pm Pacific Time. All submissions shall in PDF and shall be submitted via email to WFL.Purchasing@dot.gov. Quotes received in any other method or format shall not be accepted or reviewed. Quotes received after the above noted time will not be reviewed or accepted.

c. The Government reserves the right to request such additional information as may be necessary to determine the offeror’s qualifications for award or to clarify any aspects of the technical and/or cost/price submissions. Such information shall be furnished promptly upon the Government’s request.

d. Offerors shall not be reimbursed the costs of developing a quote for this RFQ.

https://www.acquisition.gov/?q=browsefar mailto:WFL.Purchasing@dot.gov mailto:WFL.Purchasing@dot.gov

2. Quote

a. The Contractor shall address an understanding of logistics, schedule, and any other miscellaneous issues of which the Government should be aware.

b. The Contractor shall indicate if any technical assumptions have been made, conditions have been stipulated or exceptions have been taken with the Government Description of Requirement as written. If technical assumptions are not noted, it will be assumed that the vendor’s quote reflects no technical assumptions for award and agrees to comply with all of the terms and conditions set forth herein.

c. The quote MUST include the following information:

• A completed copy of Section A or the same information on a similar vendor-generated price quote sheet which includes your Unique Entity Identifier (DUNS);

and

• A completed copy of the representations and certifications at FAR 52.212-3 -or- a statement on the quote confirming the provision is complete, current, accurate, posted in www.SAM.gov and is applicable to this solicitation; and

• A list of three (3) references in the past five (5) years for the completion of similar work. Include summary of job type, point of contact with company or government agency, with customer phone, and email, and personnel who performed the work from contractor.

o Contractor shall provide Attachment C.002 to all prospective references for return directly to the government

The Contractor agrees to hold the price in its quotation firm for no less than thirty (30) calendar days from the date specified for receipt of quotes or as requested in any subsequent amendment.

3. Evaluation Method and Basis for Award

The Government intends to evaluate quotations and make award without discussions. This acquisition will utilize the Lowest Priced Technically Acceptable (LPTA) procedure to make a best value award. A decision on the technical acceptability of each offeror’s quotations will be made. For those offerors which are determined to be technically acceptable, award will be made to that Contractor with the lowest overall price. This is a competitive LPTA evaluation in which price is considered the most important factor. By submission of its offer, the Offeror accepts all RFQ requirements, including terms and conditions, representations and certifications, and technical requirements. All Offerors determined technically unacceptable will not be considered for award, and no further evaluation will be conducted. Failure to meet a requirement may result in an offer being determined technically unacceptable. The Government intends to select ONE Contractor for award of this requirement.

http://www.sam.gov/

a. Evaluation Criteria

The criteria provided below will be used to evaluate the Offeror’s ability to meet all requirements identified in the SOW.

i. Technical Acceptability

A technically acceptable offer is defined as an offer that conforms with and meets all requirements set forth in this RFQ and contains ALL items identified in paragraph 2.c.

Quoters will be evaluated on a pass/fail basis with respect to this evaluation factor.

Those that fail will be excluded from consideration. Quoters that pass will be further evaluated based on price and relevant past performance.

ii. Price

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

The Government may reject any quote that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price, or are unbalanced, such that the quote is deemed to reflect an inherent lack of competence or failure to comprehend the technical requirements.

iii. Relevant Past Performance

The following adjectival rating descriptions shall be used for evaluation of past performance:

• Excellent: Past/present performance records exist that demonstrates superior performance in managing the type of effort similar to this type of task order to include managing cost, schedule, quality, challenges and risk contemplated by the task order solicitation. Few, if any, problems exist and if there were any problems, they were minor. Any corrective action that was necessary by the contractor is/was highly effective in all cases.

• Very Good: Past/present performance records exist that demonstrates above average performance in managing the type of effort similar to this type of task order to include managing cost, schedule, quality, challenges and risk contemplated by the task order solicitation. Problems, if any, are minor.

Corrective actions taken by the contractor are/were effective in all cases.

• Satisfactory: Past/present performance records exist that demonstrate average performance in managing the type of effort similar to this task order to include managing cost, schedule, quality, challenges and risk contemplated by the task order solicitation. Problems may exist but corrective actions taken by the contractor are/were effective in most cases.

• Unsatisfactory: Past/present performance records exist that demonstrate poor performance in managing cost, schedule, quality, challenges and risks contemplated by the task order solicitation. Problems exist for which solutions were not readily provided and/or which were/are ineffective. Customers are/were dissatisfied with offeror’s performance.

• Neutral: Neutral indicates that the offeror lacks a record of relevant or available past performance history. There is no expectation of either successful or unsuccessful performance based on the offeror’s past performance record. No relevant past performance will neither hinder nor help the offeror in the evaluation of their proposal.

The past performance evaluation will examine the offeror’s past/present performance to determine their ability to manage contracts and subcontracts in projects of similar size, scope and complexity contemplated under this solicitation to include areas such as, but not necessarily limited to: customer satisfaction, adherence to cost, schedule and performance baselines, risk mitigation and resolution of unanticipated problems for the IRS. The past/present performance evaluation will examine the offeror’s actual performance on a minimum of three (3) similar contracts. This review will focus on the size, scope, and complexity of the efforts, the performance measures/service levels applied, the actual performance results against those measures, and customer satisfaction achieved by the offeror.

Evaluation of past performance may be based on information obtained from references submitted by the quoter as well as information obtained from other sources such as CPARS, FAPPIS, SAM and any other sources deemed necessary by the Contracting Officer. Only ongoing contracts and contracts completed within the past three years will be evaluated with respect to past performance. Quoters that lack relevant past performance will be evaluated neither favorably nor unfavorably on past performance.

The Government is not obligated to contact all references provided.

D.2 Full Text Provisions

D.2.1 Federal Acquisition Regulation (FAR)

52.203-98 -- Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (Feb 2015) (DEVIATION 2015-02)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

52.209-11 -- Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2017)

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 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).

http://www.sam.gov/portal

“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;

(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.

(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 --

(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.

https://www.acquisition.gov/

(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.

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:

(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 unknown origin to have 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:

(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'':

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…