70US0918Q70090257.pdf
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- Harley Davidson FLHTP Police Motorcycle. Qty 1
- Solicitation number
- 70US0918Q70090257
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70US0918Q70090257
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
09/10/2018
1 34
COMMUNICATIONS CENTER (PRO)
245 MURRAY LANE SW
BLDG T-5
PRO-PROCUREMENT DIV
WASHINGTON DC 20223
90 Days After Receipt of Order
Provided upon award
202 406-6820JEFFREY MARRIOTT
09/17/2018 1400 ET
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation 13.106, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Solicitation 70US0918Q70090257 is issued as a Request for Quotation (RFQ) through Federal Acquisition Circular 2005-98. The NAICS code is 441228, Motorcycle Dealers, and the small business size is $32.5 million in annual receipts per the Small Business Administration. This procurement is a small business set-aside.
The U.S. Secret Service has a requirement for the purchase of one (1) 2018 or newest model year Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 34
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70US0918Q70090257
Harley Davidson FLHTP police motorcycle, brand name only, as specified in the attached Statement of Requirements. The U.S. Secret Service intends to award a firm fixed priced Purchase Order to the small business vendor providing the Lowest
Priced Technically Acceptable Quote on the open market.
Quotes are due by Monday, September 17, 2018 at
2:00 PM ET. Questions are due by Thursday, September 13, 2018 at 2:00 PM ET. Direct Quotes or questions to Jeffrey Marriott at 202-406-6820 or jeffrey.marriott@usss.dhs.gov.
Period of Performance: 09/21/2018 to 12/21/2018
0001 Quantity of one (1) Harley Davidson FLHTP police 1 EA motorcycle, 2018 or current model year, brand name only, with equipment installed as specified in the statement of requirements. Delivery of one (1) Harley Davidson FLHTP police motorcycle will be required 90 days ARO.
USSS BETC: DISB
Product/Service Description: MOTORCYCLES, MOTOR
SCOOTERS, AND BICYCLES
Delivery: 90 Days After Receipt of Order
INCOMING FREIGHT:
All incoming freight to the Washington, D.C.
metropolitan area which exceeds a 24" width by
32" height and weighs 70 lbs. or more (whether palletized or individual items) shall be directed to the Federal Protective Service (FPS) for x-ray screening prior to delivery to the final destination.
The address of the FPS screening facility is:
Location Information:
Buzzard Point
100 V Street, SW
Washington, DC 20024
Hours of Operation:
Monday-Friday (7:00 AM - 2:30 PM)
24 hour notice required
TRUCK SCREENING OFFICE: 202-610-6860
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 34
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70US0918Q70090257
The delivery truck and cargo will be x-rayed, scanned, and sealed to arrive at the final U.S.
Secret Service destination warehouse, office, or division. Contractors must contact the FPS screening location to schedule the screening;
failure to schedule screening may result in rejection of the delivery.
Following security screening, final delivery is to be made to the final destination address:
Provided upon award
Washington, DC 20223
Freight deliveries must be addressed to the final destination address.
Additionally, freight carriers must provide the following information to [Name, email, and telephone number of Government Point of Contact, e.g. COR or Requisitioner] no less than 24 hours prior to tendering for delivery:
- Name of the Shipping Company with Contact
Telephone Number
- Drivers Name
- Drivers Phone Number
- Description of Items Shipped
- Government Receivers Point of Contact with
Contact Telephone Number
The customer must fill out SSF4393 U.S. Secret
Service Escort Request and submitted for an appointment. Please ensure that all vendors are aware of this change.
Contacts provided upon award.
INVOICE INSTRUCTIONS:
Invoicing for this purchase order will be completed through IPP.gov. Instructions are to be provided upon award.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
1)
2)
3)
4)
2. Pursuit lamps, per accessory list (see #14)
2018‐2019 HARLEY DAVIDSON FLHTP (BIRCH WHITE)
SPECIFICATIONS AND REQUIREMENTS
STATEMENT OF WORK (SOW)
MOTORCYCLE SPECIFICATIONS
These specifications are intended to describe the mechanical, safety, and comfort requirements for solo, certified traffic enforcement police motorcycles, which will be used by the U. S. Secret Service Uniformed
Division, Presidential Protective Division to provide motorcade escorts during all types of weather to include rain and snow.
D. Connections – Industrial grade throughout; an electrical accessory connection shall be provided.
E. Hand controls – water resistant switches shall be provided.
F. Starting system – Twelve (12) volt starter with solenoid operated engagement and relay required.
G. Horn – Horn that will emit a sound level adequate to be heard above motorcycle and traffic generated noise level required.
H. Lighting – Each motorcycle shall be provided with the following lighting equipment:
1. Harley LED Daymaker headlight
Transmission – Shall be six (6) forward speeds of the constant mesh design with the shift lever mounted on the left side of the engine and extending upward to be easily accessible to the operators left foot. Greaseless shifter shaft with anti‐vibration rubber spacers.
Engine – Shall be not less than two (2) cylinders with a minimum piston displacement of not less than
107 cubic inches. Engine shall be designed to ensure that any vibration frequencies and magnitudes shall be minimal. Engine and transmission isolated from motorcycle frame through a rubber mounting system. Shall be overhead valve, equipped with hydraulic lifters and fuel injected.
Clutch – Left hand operated, multiple disc, wet plate clutch capable of offering slip control when motorcycle is operating at low speeds for prolonged periods. Requires clutch disengaged for starter motor operation; low effort hand levers.
5. Flashers, four (4) way
4. Turn signals (self canceling)
3. Tail light
Electrical system ‐ The electrical system shall be nominal twelve (12) volt complying with the following:
A. Battery – Sealed, heavy duty maintenance free, center mounted. Twelve (12) volts minimum rated capacity – Twenty eight (28) ampere hours per Battery Council International (BCI) rating, cold cranking amps.
B. Ignition – Non‐waste spark, alpha control.
C. Charging system – Fifty (50) amp high output alternator and voltage regulator.
5)
6)
7)
8)
9)
10)
11)
12)
13)
PART # DESCRIPTION
44117‐07A FRONT AXLE NUT COVER 1 SET
93500011 CHROME TIE‐DOWN BRACKETS 1 SET
2050‐0199 RUN/TURN/BRAKE ADAPTER 1
90200561 SADDLEBAG GUARD RAILS 1
69000057 KIT, EMERGENCY RESPONSE 1
71400129 AUZILIARY POWER SWITCH 1
72104‐94BK DEUTCH PIN HOUSING 5
72114‐94BK DEUTCH SOCKET HOUSING 17
72144‐94 4 PIN SECONDARY LOCK 5
F. Fairing and windshield – Fork mounted fairing with windshield; windshield shall be of latest design and 15” tall, utilizing Lexan or clear polycarbonate.
E. Saddlebags – Factory installed, law enforcement type fiberglass saddlebags. Bags shall be nominally waterproof and utilize police style speed latches.
K. Accessory Charging Plug – Harley charging plug fused and connected to the battery.
J. P. A. plug in ‐ needs to be installed on right side of fairing underneath voltage gauge.
I. Warranty – Twenty four (24) months, unlimited mileage.
H. Keys – One key fits all locks with spare keys attached.
G. Mirrors – Two (2) true image mirrors shall be provided for each motorcycle.
Suspension – Shall be heavy duty (front and rear); with the ability to adjust rear ride height to compensate for imposed loads. The rear suspension shall have swing arms having bearings that require no lubrication for life of the motorcycle.
Frame – Shall be reinforced double loop, trussed and welded, (unitized body not accepted). Minimum
Brakes – Disc brakes shall be provided for both front and rear wheels. Front brakes shall have dual
11.81 inch diameter drilled discs; rear brake shall be single disc. Brakes shall be relatively free from heat fade, have four (4) piston calipers and uniform expanded rotors. Brake system will be ABS equipped.
D. Engine guards – Front engine guard.
Harley Davidson Safety Add Ons:
C. Foot boards – Adjustable and provided with non skid rubber pads on upper surfaces.
B. Jiffy stand – Shall be designed that if holdback spring is lost or broken, contact with the roadway will tend to spring it aside and not serve as a lever for throwing the operator.
A. Seat – Leather or equal durable material, foam rubber padded, single saddle type with adjustable air bladder.
Feature requirements –
Wheels/tires – Shall have cast wheels with a rim material impermeable to compressed air. Sealed automotive style wheel bearings requiring no end play adjustment and service interval of 100,000 miles. Tubeless type tires to have a non skid tread, designed to operate on paved highways and shall have a full four ply fabric reinforcement with a bead retention design to remain on wheel during sudden loss of air pressure.
Oil and fuel capacity – Gas tank capacity shall be a minimum of six (6) gallons and must include a reserve feature. Oil reservoir shall hold a minimum of four (4) quarts.
Visual displays – Shall have a speedometer certified analog & digital to indicate 0 – 120 mph, odometer, tachometer, fuel level gauge, pursuit lamp indicator, sight glass on brake master cylinder, and a low fuel indicator lamp.
Drive assembly – Engine to transmission by automatically lubricated ½” pitch double row chain.
Transmission to rear wheel (final drive) shall be belt drive.
72154‐94 4 SOCKET SECONDARY LOCK 17
72102‐94BK DEUTCH PIN HOUSING 1
72112‐94BK DEUTCH SOCKET HOUSING 1
72142‐94 2 PIN SECONDARY LOCK 1
72152‐94 2 SOCKET SECONDARY LOCK 1
72190‐94 PIN TERMINAL 22
72191‐94 SOCKET TERMINAL 70
14) Whelen Police Warning Lighting Add Ons:
PART # DESCRIPTION
FDCT10JR
COMBINATION INTERLEAVED WHITE SUPER‐LED® DRIVING LIGHT AND
BLUE OVER RED WARNING LIHGT, WITH CLEAR EXTENDED LENS.
LINZ6‐RB
A SUB‐COMPACT, FULL‐FEATURED LED LIGHT HEAD WITH WIDE‐ANGLE
LIGHT SPREAD WHICH CAN BE MOUNTED VIRTUALLY ANYWHERE.
RBKTHD8
2014‐2017 HARLEY‐DAVIDSON® ELECTRA‐GLIDE® PASSING/FOG 90° AND
45° MOUNT KIT FOR USE WITH 2 LINZ6™, LINZV™, TIR3™ OR LIN3™
LIGHTHEADS, STAINLESS STEEL.
RBKTHD9
2014‐2017 HARLEY‐DAVIDSON® REAR (SADDLE BAG) CRASH BAR
MOUNTING BRACKET KIT.
RBKTHD2 SIDE CRASH BAR BRACJETS FOR LINZ6 LIGHTS. 2
M4B6B MOTORCYCLE BOX CONFIGURED WITH SIX (6) M4 SERIES, REAR 1
MBADPT14
ADAPTER PLATE FOR THE REAR BOX, 2014‐2017 ROAD KING® OR
ELECTRA GLIDE®.
M1GROUND GROUND PLATE. 1
M4BSEP BATTERY SEPARATION PLATE. 1
M1BATT MOTORCYCLE BATTERY. 1
M06MJ2
WINDSHIELD LIGHT ARRAY FOR 2014‐2017 RED OUTBOARD AND CENTER
AND TWO BLUE IN THE CENTER SECTIONS.
* THE ABOVE HARLEY DAVIDSON PARTS CONTAINS EQUIPMENT FOR ONE (1) 2018 HARLEY DAVIDSON
FLHTP MOTORCYCLE (BIRCH WHITE). THIS EQUIPMENT DOES NOT COME STANDARD. THE EQUIPMENT
WILL EITHER REPLACE THE STANDARD FACTORY PART OR WILL BE ADDED TO THE MOTORCYCLE.
* INSTALL LISTED EQUIPMENT
* IT IS ESSENTIAL FOR OUR MOTORCADE SUPPORT UNIT TO HAVE ALL OF THE EQUIPMENT LISTED
BELOW ON THEIR 2018 FLHTP POLICE MOTORCYCLES.
* LABOR ‐ REQUEST THAT ALL LIGHTING FIXTURES AND BRACKETS AND ALL PARTS LISTED ABOVE ARE
INSTALLED AND INCLUDED IN FINAL PRICING.
* THIS REQUEST IS BASED ON CONSUMER INFORMATION AVAILABLE. DO TO THE FACT THE 2018
POLICE FLHTPI MOTORCYCLE PARTS AND INFORMATION ARE LIMITED, THE PART NUMBERS ABOVE ARE
ONLY TO BE USED AS A GUIDE FOR THE DEALERSHIP TO PROVIDE A QUOTE. THE TRUE / UP TO DATE /
OR SUPERSEDED PARTS NUMBERS ARE THE RESPONSIBILITY OF THE QUOTING VENDOR TO DISCOVER
AND CORRECT. PARTS NUMBERS ABOVE ARE ONLY TO BE USED AS DESCRIPTIVE EXAMPLES OF THE
PARTS REQUESTED FOR THE PROPOSED 2018 FLHTPI MOTORCYCLE.
* LIGHTING PATTERNS ‐ WHEN EMERGENCY LIGHTING SWITCH IS SWITCHED TO “FRONT” OR
“FORWARD” POSITION ALL EMERGENCY LIGHTING WILL ILLUMINATE EXCEPT FOR THE EMERGENCY
LIGHTING IN THE EXTREME REAR OF THE MOTORCYCLE. (ONLY THOSE EMERGENCY LIGHTS ON THE TAIL
LIGHT SIDE OF THE MOTROCYCLE WILL BE OFF, ALL OTHERS ON.)
WHEN EMERGENCY LIGHTING SWITCH IS SWITCHED TO “REAR” OR “REARWARD” POSITION ALL
EMERGENCY LIGHTING IN THE EXTREME REAR OF THE MOTROCYCLE WILL ILLUMINATE EXCEPT FOR THE
EMERGENCY LIGHTING THAT WILL ACTIVATE IN THE "FRONT” POSITION.
52.204-7 System for Award Management (OCT 2016)
52.204-13 System for Award Management Maintenance. (OCT 2016)
52.204-16 Commercial and Government Entity Code Reporting. (JUL 2016)
52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016)
52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015)
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
52.212-1 Instructions to Offerors - Commercial Items. (JAN 2017)
52.212-2 Evaluation - Commercial Items. (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Lowest Priced Technically Acceptable Quote
Technical acceptability of quote is defined as the ability to provide all items and quantities as specified in the statement of requirements, including delivery, within 90 days of receipt of order.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 Offeror Representations and Certifications-Commercial Items. (NOV 2017)
The Offeror shall complete only paragraph (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 https://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
(End of provision) are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
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 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 SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM 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 _____.
(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 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 business concern in paragraph (c)(5) of this provision.) The offeror represents that-
(i) It ___ is, ___ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;
and
(ii) It ___ is, ___ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. (The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:
_____________________________________.) Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern.
(Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.) The offeror represents that-
(i) It ___ is, ___ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It ___ is, ___ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. (The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:
_____________________.) Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ____________________.
(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that-
(i) It ____ is, ____ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes 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:
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:
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)
(g)(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III.
If Alternate III 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 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 restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-
(1) ___ Are, ___ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) ___ Have, ___ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property,
(3) ___ Are, ___ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) ___ Have, ___ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial 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 under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).)
(1) Listed end products.
Listed Countries of Origin
(2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.)
___ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
___ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-
(1) ___ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) ___ Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.)
(1) [ ] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ___ does ___ does not certify that-
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
(2) [ ] Certain services as described in FAR 22.1003-4(d)(1). The offeror ___ does ___ does not certify that-
(i) The services under the contract are offered and sold regularly to non- Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies-
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.
(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C.
7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[ ] TIN: ___________________.
[ ] TIN has been applied for.
[ ] TIN is not required because:
[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an…
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