RFQ_70Z08019Q15002B00.pdf

Solicitation No.: 70Z08019Q15002B00

Combined Synopsis and Solicitation

70Z08019Q15002B00

Overhaul of Northern Lights Ship Service Diesel Generators

Notice for Filing Agency Protests

United States Coast Guard Ombudsman Program

Ombudsman

It is the policy of the United States Coast Guard to issue solicitations and make contract awards in a fair and timely manner. Parties who believe a specific procurement is unfair or otherwise defective are encouraged to use the Coast Guard Ombudsman Program for Agency Protests (OPAP), rather than filing a protest with the Government Accountability Office (GAO) or other external forum. The OPAP is designed to resolve contractor protests in a faster, less expensive manner. Concerns of interested parties can be resolved through independent, government binding adjudication taking place outside the procuring activity's chain of command.

How do I file an agency protest?

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal Forum

Interested parties should first direct their concerns to the responsible contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the OPAP. Under this informal process, the agency is not required to suspend contract award performance. In order to ensure a timely response, interested parties should provide the following information: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest

Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, the protester may file a formal agency protest with the contracting officer or the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined to be in the best interest of the government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. If the protester fails to submit the required information, as outlined in Federal

Acquisition Regulation (FAR) 33.103, resolution of the protest may be delayed or the protest may be dismissed. To be timely, protests must be filed within the period specified in FAR 33.103(e).

Protests filed under the OPAP program should be submitted to:

Department of Homeland Security

United States Coast Guard (CG-91)

Ombudsman Program for Agency Protests

Email: OPAP@uscg.mil

For questions pertaining to the OPAP program, please contact the Ombudsman hotline at 202-372-3695.

Commanding Officer

USCG Surface Forces Logistics Center

(CPD-C&P1-PBPL)

2401 Hawkins Point Road, Bldg. 31 LL

Baltimore, MD 21226

Request for Quotes

70Z08019Q15002B00

The U.S. Coast Guard Surface Forces Logistics Center intends on awarding a requirements contract with firm fixed price task orders for one (1) base year and four (4), one (1) year option periods for the remanufacture of Northern Lights Marine Diesel Generators model numbers M1066A1.11CGP and

M1066A1.11CGS used on the 110’ WPB Patrol Boat fleet. Each 110’ WPB Patrol Boat has two (2)

Diesel Generators. A justification for other than full and open competition is attached to this solicitation.

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. A quote is being requested and a written solicitation will not be issued. This requirement will be satisfied using FAR Subpart 13.5, Simplified Procedures for

Certain Commercial Items.

II. The solicitation number is 70Z08019Q15002B00. The solicitation is being issued as a request for quotation (RFQ).

III. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular

(FAC) 2005-99.

IV. The North American Industry Classification System (NAICS) Code for this contract is 333618, with a small business size standard of 1,500 employees.

V. A list of the contract line item numbers (CLINS), items, quantities, and units of measure to be acquired for the contract can be found in CLINS PRICING (Attachment 1). Insert unit and total price for all

CLINS listed in the Schedule. Unit prices shall include shipping costs, free on board (F.O.B.) destination and the cost of packaging, marking and bar-coding.

VI. Description of the Requirement: The Contractor shall provide Northern Lights certified technicians using manufacturer proprietary data to perform the diesel generator remanufacturing in accordance with

Overhaul Specification for Northern Lights Ship’s Service Diesel Generator Specification R-311-

2040 (Attachment 2).

Failure to read the specification in its entirety will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror’s risk. All quotes submitted in response to this solicitation shall stand firm for 120 calendar days from the date specified in this solicitation for receipt of quotes.

Contract Type: The USCG, Surface Forces Logistics Center (SFLC) intends to award a requirements contract with firm fixed price task orders.

Place of Performance: Contractor’s Facility.

Preservation, Packaging and Marking: Each component shall be individually preserved, packaged and marked for long term storage in accordance with SECTION 5 of Overhaul Specification for Northern

Lights Ship’s Service Diesel Generator Specification R-311-2040 (Attachment 2).

Marking for Warranted Items: Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies of the existence of the warranty. Markings may be brief but should include (1) a brief statement that a warranty exists; (2) the substance of the warranty; (3) its duration; and (4) whom to notify if the supplies are found to be defective. For commercial items, the contractor’s trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies.

Packing List: All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics Center under this contract must be accompanied by an itemized packing list that cites the proper contract and task order number. Each packing unit shall have a list of all items contained in that unit, and a duplicate list shall be attached to the outside of the package in a waterproof envelope securely attached in a conspicuous place, but so located as to reduce the possibility of loss in shipping and handling.

NOTE

Failure to prepare for shipment any item, and/or mark all packages, boxes, etc. as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense.

U.S Coast Guard Inspection (ORGIN): The Contractor shall be responsible for the performance of all inspection requirements in accordance with the specification (Attachment 2).

Inspection shall take place at origin by a Government Quality Assurance (QA) representative. Contractor shall furnish to the Contracting Officer advance notification when the supplies or services furnished in accordance with this contract are ready for Government inspection. This advance notification may be made by e-mail and shall not be less than seven (7) working days prior to inspection. The contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, prior to QA

Inspection.

Contractor shall provide and maintain an inspection system acceptable to the Government.

Government Acceptance (destination): Final acceptance shall be made by a Government representative at destination within ten (10) days of receipt. Acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the preservation, packaging, and marking requirements under SECTION 5 of Overhaul Specification For Northern

Lights Ship’s Service Diesel Generator Specification R-311-2040 (Attachment 2).

VII. Delivery: The Contractor will be required to meet the following delivery schedule for the Base Year and Option Years 1-4:

CLIN DESCRIPTION WITHIN DAYS AFTER

1 Receiving Report (Appendix A) 7 DAYS FROM RECEIPT OF

Diesel Generator Set (GENSET)

2 Open, Inspect, Report (Appendix B) 15 DAYS FROM APPROVAL OF

APPENDIX A

3 Complete Diesel Generator Overhaul 45 CALENDAR DAYS FROM

APPROVAL OF APPENDIX B

4 Test and Report 7 CALENDAR DAYS FROM

COMPLETION OF CLIN 3

5 Preservation, Packaging, Marking 7 CALENDAR DAYS FROM

COMPLETION OF CLIN 4

6 Shipping 8 DAYS FROM COMPLETION

OF CLIN 5

The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. Offeror shall complete Offeror’s Proposed Delivery Schedule (Attachment 3). If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

Place of Delivery – DESTINATION: All Parts and components shall be delivered to the following address:

U.S. Coast Guard Surface Forces Logistics Center

Receiving Room BLDG 88

2401 Hawkins Point Road

Baltimore, MD 21226-5000

M/F: Contract Number: {To be furnished at the time of award}

Task Order Number: {To be furnished with each individual order}

The Government reserves the right to request Direct Delivery. Each individual task order will identify the delivery destination.

Delivery of Government Furnished Property: The Government shall be responsible for providing delivery of all Government Furnished Property to the contractor’s facility. It is the contractor’s responsibility to provide F.O.B. Destination delivery of remanufactured Diesel Generators to the address for shipment as provided above.

Contract Administration: The Contracting Officer or authorized representative located at the USCG

SFLC, Baltimore, MD shall be the contract administrator for this contract.

Any written correspondence shall be delivered to the Contract Officer’s authorized representative at the following address:

Commanding Officer

Attn.: David Packard, Contract Administrator

USCG Surface Forces Logistics Center

(CPD-C&P1-PBPL)

2401 Hawkins Point Rd

Bldg. 31 LL

Baltimore, MD 21226

Or submitted electronically to: David.A.Packard@uscg.mil

VIII. FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017)

APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE.

(ADDENDUM)

A. You shall submit an electronic copy of your firm’s signed and dated quote to David Packard at

David.A.Packard@uscg.mil, no later than 20 November 2018 by 4:00 PM EDT. Your submission shall include 70Z08019Q15002B00 in the subject line of the email. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation.

B. All vendors submitting quotations must be registered and active in the System for Award Management

(SAM), website location https://www.sam.gov, at time of submittal. If you are not actively registered in

SAM, your quotation may not be considered.

C. Non-OEM affiliated offerors are not acceptable. Quotations must include proof in the form of a valid agreement/letter from Northern Lights stating the offeror employs Northern Lights certified technicians, is authorized for use of Northern Lights service tools, is in possession of Northern Lights proprietary technical data, and a statement the offeror will supply genuine OEM parts.

D. The data submission must include sufficient detail to allow the Coast Guard to evaluate the quotation relative to the requirements. As a minimum, offers must show:

(1) The solicitation number 70Z08019Q15002B00

(2) The Company Name, DUNS Number, Solicitation Number, Company Address and Point of

Contact Name, Telephone Number and E-mail Address;

(3) A technical description of the service being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary. The quotation must demonstrate/prove experience performing successful overhaul of

Northern Lights Diesel Generators. The experience must include all aspects of the overhaul to include performance testing, internal preservation and special packing in accordance with (IAW)

Northern Lights Inc. specifications as appropriate;

(4) The quotation must demonstrate logistical ability to perform individual parts packaging, marking, labeling, bar coding and shipping of large volumes of parts;

(5) Quotations must include a documented quality control plan. Documented test & measuring equipment calibration system IAW the specification;

(6) Quotations must describe your ability to provide secure indoor storage of all government furnished equipment (GFE);

(7) Warranty Information: Quotations must include details of the offeror’s manufacturer's warranty services and warranty support plan. Quotations must document the length of warranty support including number of operational hours and or calendar days which the item will be warranted free of defects. At a minimum offerors will provide a single point of contact for warranty claims.

Claims may be made from 0800 to 1630 EST, Monday through Friday. Quotations shall provide a plan for warranty resolution within 24 hours of notification;

(8) Quotations must include Past Performance Information to include two (2) recent and relevant contracts completed within the last three (3) years for the same or similar effort and other mailto:David.A.Packard@uscg.mil references. (including contract numbers, points of contact with telephone numbers and other relevant information) In addition, offerors shall include past performance information for any teaming partners to be utilized during performance. This past performance must be relevant to the scope of work they may perform under the requirements contract resulting from this solicitation;

(9) Quotations must include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. A completed copy of the representations and certifications at FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (see

FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration;

(10) Price; The price shall represent the best price in response to the request for quote. The price shall be evaluated to determine fairness and reasonableness. Provide prices for all items/CLINS for the

Base and all Option years. Please enter pricing into Attachment I. Pricing must be submitted for each CLIN. All prices on CLINs (Attachment 1) shall be a firm fixed-price. The total of all

CLINS shall be added together to arrive at an aggregate total.

IX. FAR 52.212-2 Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award one (1) requirements 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:

Technical Plan

Past Performance

Price

The evaluation of quotations/quotes submitted in response to this solicitation shall be conducted utilizing a "tradeoff" process to obtain the best value to the Government. As part of the tradeoff determination, the relative strengths, weaknesses and risks of each quotation/quote shall be considered in selecting the offer that is most advantageous and represents the best overall value to the Government. A tradeoff will be made between cost and non-cost factors permitting acceptance of other than the lowest priced offer. In determining best value, the total cost/price, including options and other cost factors is considered to be less important than technical merit. Past performance is considered to be of equal importance to technical merit. However, the closer the merits of the combination of the technical plan and past performance are to one another, the greater will be the importance of price in making the award determination. In the event that two or more technical plan and past performance reports are determined equivalent, award may be made to the lower priced quotation/quote provided the price is reasonable and realistic.

(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.

Evaluation Criteria: The evaluation will be based on a complete assessment of the offerors’ quotes. The assessment will address technical factors, past performance, and total evaluated price. The evaluation factors for this acquisition are as follows:

FACTOR 1 - TECHNICAL PLAN: The TET will evaluate the quality of each offeror’s technical plans. The assessment of the offerors’ technical plans will be used to evaluate the relative capability of the offerors to successfully meet the requirements in the specification. The technical evaluation process consists of the quotes being reviewed, evaluated and rated using a graded system that assesses the degree of compliance with the technical criteria requirements and the level-of-performance risk. The assessment will address technical factors.

The following eight (8) sub-factors will be scored adjectively. Technical plans must address each factor and rate satisfactorily to be found technically acceptable:

1. Valid agreement/letter from Northern Lights for use of service tools and possession of technical data.

Submission Requirement:

2. Contractor must demonstrate/prove experience performing successful overhaul of Northern Lights

Diesel Generators. The experience must include all aspects of the overhaul to include performance testing, internal preservation and special packing in accordance with (IAW) Northern Lights Inc.

specifications as appropriate.

3. Contractor’s lead technicians shall be Northern Lights certified to overhaul/remanufacture the Coast

Guards configuration of Diesel Generators.

4. Contractor must demonstrate logistical ability to perform individual parts packaging, marking, labeling, bar coding and shipping of large volumes of parts. Contractor must also demonstrate ability to provide warranty and technical support services. Provision of these services must not affect the contractor's ability to meet established due dates detailed in the contract.

5. Documented quality control plan. Documented test & measuring equipment calibration system IAW the specification.

7. Ability to provide secure indoor storage of all government furnished equipment (GFE).

8. Documented warranty support plan. Documented warranty support including number of operational hours and or calendar days which item will be warranted free of defects. At a minimum contractor will be required to provide a single point of contact who will serve as the project manager who will be available from 0800 to 1630 EST, Monday through Friday and provide a plan for warranty resolution within 24 hours of notification.

FACTOR 2 - PAST PERFORMANCE: The Price Evaluation Team (PET) with the TET members at the request of the PET or SSA will evaluate the quality of each offeror’s past performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the offerors’ past performance will be used to evaluate the relative capability of the offerors to successfully meet the requirements in the specification. The Offeror shall identify at least two (2) relevant past performance references completed within the last three (3) years. Relevancy considers size and scope similar to the same type of services that are being solicited.

The following four (4) past performance sub-factors will be scored adjectively as indicated above:

1. Quality of Product or Service

2. Schedule

3. Business Relations

4. Management of Key Personnel

In evaluating offerors past performance, the government intends to review U.S. Coast Guard

Contractor Performance Assessment Reports and other existing past performance ratings on relevant contracts. General trends in an offeror’s performance will also be considered. References other than those provided by the Offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance, such as government databases and internal organizational contacts.

The offerors shall include past performance information for any teaming partners to be utilized during performance. This past performance must be relevant to the scope of work they may perform under the requirements contract resulting from this solicitation.

Offerors lacking relevant past performance history will receive a neutral rating for past performance. The offeror will be evaluated neither favorably nor unfavorably on past performance. Relevant past performance history will be rated higher than neutral past performance.

FACTOR 3 - PRICE: The price evaluation shall be conducted as follows:

(a) Calculation of Total Price: The unit price of each Contract Line Item Number (CLIN) shall be multiplied by the actual or estimated quantity to arrive at an estimated total cost. The total of all CLIN's, including all option year CLIN's, shall be added together to arrive at an aggregate total.

(b) Evaluation of Options: The Government will evaluate offers, for award purposes only, by adding the total price for the base and all option years to arrive at a total price for the entire requirements contract.

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 options.

(End of Provision)

X. Offerors must include a completed copy of the provision at FAR 52.212-3 OFFEROR

REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (NOV 2017) with its offer.

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS ALT 1 (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) website 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 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.

“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.

“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.

“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.

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

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph

(c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

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

(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:

(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

(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:

(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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products

(other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-

Israeli Trade Act”:

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

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

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

“Trade Agreements.”

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

Other End Products:

(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.