Request_for_Proposal.docx

Request for Proposal (RFP) Solicitation No. A16PS01066

Boiler Inspections Services Small Business Set Aside

Bureau of Indian Education New Mexico Navajo Central Agency Branch of Facilities Management

Option Year Contract Base Year Plus Two Option Years

U.S. Department of the Interior Bureau of Indian Affairs Navajo Regional Office August 2016

TABLE OF CONTENTS

PART 1 – THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS SF 1449

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C -DESCRIPTION / WORK STATEMENT

SECTION D – PACKAGING AND MARKING

Not Used

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

PART III – DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.2 52.222-22 Previous Contracts and Compliance Reports

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 52.217-5 Evaluation of Options

Boiler Inspection Services Solicitation No. A16PS01066

TABLE OF CONTENTS - 2

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES

B.1 SCHEDULE

(a) Award is made on the following schedule(s) in accordance to FAR 52.217-5 page 4-1 of this solicitation

(b) The schedule is subject to the terms and conditions of this contract.

Boiler Inspection Services in accordance with SOW

INITIAL BASE SCHEDULE (Time of Award – 09/30/2017)

Total Base Year

SCHEDULE 1 – OPTION YEAR ONE (10/01/2017 – 09/30/2018)

Total Option Year One

SCHEDULE 1 – OPTION YEAR T WO (10/01/2018 – 09/30/2019)

Total Option Year Two

SECTION C – DESCRIPTION / WORK STATEMENT

Department of the Interior Bureau of Indian Affairs New Mexico Navajo Central Agency Branch of Facility Management

STATEMENT OF WORK

Boiler Inspections Services

Statement of Work Annual Boiler Inspection for Navajo Regional Agencies The New Mexico Navajo Central Agency Branch of Facilities Management requires the services of a professional and experienced Contractor who meets the requirements of an authorized inspection agency as defined by the National Board Inspection Code (NBIC) and whose inspectors hold valid commissions issued by the National Board of Boiler and Pressure Vessel Inspectors.

The contractor shall perform the annual external inspections of boiler and pressure vessels while under normal operations at sixty-four (64) schools operated and maintained by the Bureau of Indian Education (BIE) Program, including nine (9) Non-Education Bureau of Indian Affairs (BIA) locations throughout the States of New Mexico, Arizona, and Utah. The Contractor shall have demonstrated the skills, technical regulatory knowledge, experience, and professional credentials to implement the project as defined by the BIE/BIA. No escort shall be provided to the contractor between locations and no increase in funding shall be made for mobilization.

The purpose of this contract is to ensure uniform compliance with boiler, pressure vessel, liquid, propane gas tank/system and diesel tank/system laws and the implementation of boiler and pressure vessels safety act for the BIE and BIA in order to promote and maintain a safe and efficient boiler program across BIE and BIA locations in the Navajo Region.

SCOPE

Pre Submittals The Contractor shall review the attached Navajo area map and schools equipment inventory provided and prepare and submit a proposed detailed work plan, an inspection/work schedule, a health and safety plan in accordance with 29 CFR 1910.120 that is protective of workers, and the public and a quality assurance/quality control plan for inspection to each of the six (6) Agency Facility Managers.

Notifications The Contractor shall accept directions only from the Contracting Officer (CO) or authorized Contracting Officer’s Technical Representative(COTR) for the project as follows:

BIA Contacting Officer: Raelynn Her Many Horses, Gallup NM 505-863-8252

Facility Manager COTR

Request from schools, users or using Agencies made directly to the Contractor shall immediately be brought to the attention of the CO or COTR. Any changes to the project scope or other provisions of this Statement of Work (SOW) shall be authorized in writing by the CO.

Coordination

1. The Contactor shall direct all communication to the CO and/or Agency Facility Manager (COTR). Under no circumstance shall the Contractor take direction from any other individual.

2. Contractor shall provide an inspection schedule to each of the six (6) Agency Facility Mangers COTR at the pre work meeting. Any scheduling conflicts shall be resolved with the affected Agency Facility Manager COTR prior to start of work.

3. When the inspection schedule is finalized, no changes shall be made to the schedule, unless there is an unforeseen emergency or adverse weather condition. All emergency changes shall be made in advance and approved by the CO.

4. Contractor shall verify with each of the six (6) Agency Facility Managers COTR that the contact list for each BIE/BIA location is accurate prior to start of work.

5. Contactor shall report to the front office at each location, sign in, and request to the boiler operator to accompany him/her for the inspection. BIA/BIE school locations are closed to the outside public unless signed in and given an assigned escort. All work will be done during the normal working hours of the location.

6. The boiler operator is to accompany the Contractor Inspector while on campus. The Contractor Inspector will not work independently. In the event of an emergency the Contractor Inspector is requited to follow all emergency directives.

WORK SCHEDULE

Boiler and Pressure Vessel Inspections

1. Contractor shall validate the equipment inventory list provided with the contract to ensure the equipment inventory is correct for each location. If additional equipment is required for inspection, the Contractor Inspector shall notify the Agency Facility Manager COTR and /or CO before inspection the equipment. The Contractor shall update the inventory and provide a copy to the CO.

2. The Contractor shall perform boiler and pressure vessel inspection under normal operating conditions in accordance with the National Board Inspection Code 2015 Edition Part 2- Inspection.

3. Contractor shall provide all necessary services, qualified personnel, supplies, materials and all associated cost to conduct safety inspections and utilities. The contractor shall dispose of any and all waste hazardous or solid generated as the location will not assume any responsibility for waste disposal.

4. Contractor is not responsible for any repairs or corrections that need to be preformed in order for the location equipment to pass inspection. All repairs and corrective actions will be the responsibility of the location. However, the Contractor shall identify any deficiencies, findings, or repairs and provide a written report to the location boiler operator and the Facility Manager COTR for repair. Critical repairs shall be reported immediately to the location Senior Administrator, Boiler Operator, and Facility Manger COTR.

5. If the Contractor is unable to provide the inspection services to a location on the requested date, the contractor shall notify the CO immediately, no later than thirty – six (36) hours before the specified inspection date either by telephone and/or email. (Raelynn.hermanyhorses@bia.gov). Contractor can request an alternative location to inspect. The request shall be approved and authorized in writing by the CO.

6. The Contractor Inspector shall preform the annual external inspections of boiler and pressure vessels under steam or low water (whichever is applicable), tested under normal operating conditions.

7. Contractor Inspection shall inspect high and low pressure steam and hot water boiler, fire and unfired pressure vessels, domestic water heaters, testing of fuel train, leak detection with an electronic combustible gas detector and combustion analysis to evaluate oxygen, carbon monoxide, draft, stack temp, excess air, and combustion efficiency an emergency shut off.

8. Contractor Inspection shall identify the presence of a working carbon monoxide detector within required distance of the gas fired equipment.

LPG and Diesel Storage Tanks

1. The Contractor shall perform inspection of LPG tanks and diesel storage tanks for leaks and compliance with NFPA: 58.5.7.7.1P.G. (D) Containers OVER 400 gallons

(D) Liquid withdrawal openings shall be equipped with either of the following by July 1, 2011 (1) Internal Valve, (2) Emergency shut-off, (E ) Vapor inlet opening (1) Positive shutoff valve, (2) internal valve (F) 1&2 and (G).

2. NFPA 58 5.7.8.1 A-H.

3. The Contractor shall prove and test underground LPG and natural gas piping for leaks in compliance with NFPA 58.6.41.1.2.3. The Contactor Inspector shall check for leaks form the tank to the gas appliance (s) within the buildings.

4. The Contractor Inspector shall identify the presence of a working carbon monoxide detector within reasonable distance of the gas fired equipment. If no carbon monoxide is found and/or within required distance, findings shall be written up as a deficiency.

REPORTING

Exit Meeting

1. Contractor shall identify any deficiencies, findings or needed repairs and provide a written report to the boiler operator and Agency Facility Manager COTR at the exit meeting.

2. Contractor shall provide verification of report submittal to the Agency Facility Manager COTR.

3. Critical repairs shall be reported immediately to the location Senior School Administrator Boiler Operator and Facility Manager COTR.

Inspection Reports

1. General arrangements for the boiler inspection shall be made by the CO and Facility Manager COTR. All objects on the inventory list to the inspection shall include the following information:

· Name and location of the school

· The specific location of the object in the school. Approximate size of the boiler expressed in the total heating surface, horse power, percent rating, diameter (in case of fire tube boilers) The BTI Capacity or pounds per hour out put capacity.

· Recommended date of inspection

· Type of inspection required as described in the schedule.

· The name and title of the individual at each location to whom the inspector is to report or with whom specific arrangements for the inspection are to be made.

2. Use the following National Board of Boiler and Pressure Vessel Inspection Forms where applicable:

· National Board of Boiler and Pressure Vessel Inspections Form NB-6 BOILER-FIRED PRESSURE VESSEL Report of Inspection

· National Board of Boiler and Pressure Vessel Inspections Form NB-7 PRESSURE VESSELS Report of Inspection

3. All reports of the inspections shall use and follow the SOW and address the physical condition of each boiler, ancillary equipment and safety device.

4. If any inventory item cannot be inspected the contractor shall state, specifically, the reason, a boiler, ancillary equipment or safety device(s) cannot be inspected.

5. Following each inspection, the Contractor shall prepare and provide a) A typed written report of the inspection to the location boiler operator, b) a type written report of the inspection to the respective Facility Manager COTR.

6. Reports of inspections prepared by the Contractor shall set forth the physical conditions (deficiencies found) of each object inspected as determined by the inspection and shall list priority all the necessary repairs or changes. All identified critical repairs shall be immediately reported to the location boiler operator contact person, school administrator and Facility Manager COTR to ensure safe operation of the boiler.

7. At the conclusion of an Agency inspection the Contactor shall submit to the CO the following documents:

· Daily work logs

· Report of Critical findings

· General Maintenance

· Completed Exit Meeting Form

· Final Inspection Reports for encoding into MAXIMO SNCAP

INSPECTION SITE SCHEDULE

Inspection of boiler, LPG and diesel storage tanks shall be performed on Monday through Friday between the hours of 8:00 am and 4:00 pm local time. No inspection shall be performed on the weekends or holiday and no overtime will be paid. In the event of an emergency and the Contractor needs to work late, weekends, or holidays due to unseen conditions which impacts the regular schedule, the local school administrator or location Facility Manger COTR shall approve schedule changes in advance.

There may be situations were boilers with extensive repairs or new boilers may require an inspected before placing them in service. The Contractor shall perform additional inspections when requested by the CO.

Should the government request additional inspections, the Contractor shall be notified at least ten (10) business days in advance of the scheduled inspection date.

Boiler Inspection Services Solicitation No. A16PS01066

C - 2

SECTION D – PACKAGING AND MARKING

NOT USED

SECTION E – INSPECTION AND ACCEPTANCE

NOT USED

Boiler Inspection Services Solicitation No. A16PS01066

E - 1

SECTION F – DELIVERIES OR PERFORMANCE

NOT USED

F - 1

SECTION G – CONTRACT ADMINISTRATION

G.1. Government POC for Contractual Matters

Government POC for Technical Matters

G.2 Offerors are requested to designate a person who will be in charge of the overall administration of this contract.

Name:

Title:

Address:

Telephone:

E-Mail Address:

G - 1

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 DOI ELECTRONIC INVOICING

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (September 2011)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

SCANNED INVOICE(S):

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position, title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramification of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation s “source selection information.” After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

H - 1

PART II – CONTRACT CLAUSES

SECTION I -- CONTRACT CLAUSES

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/ http://www.doi.gov/pam/diapr.html

(a) Definitions. As used in this clause— “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) (1)

(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

(End of clause)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision— “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“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.

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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 Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

“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.

“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.

“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.

(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 Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (n) 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 on ORCA.]

(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 o is, o 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 o is, o 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 o is, o 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, for general statistical purposes, that it o is, o 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 o is, o is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) 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 o is a women-owned business concern.

(7) 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:____________________________________

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it o is, o is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(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 o is, o 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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It o is, o is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the 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 o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It o has, o has not filed all required compliance reports.

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

(i) It o has developed and has on file, o 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 o 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 $100,000.) 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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—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 Act—Supplies.”

(2) Foreign End Products:

[List as necessary]

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

(g)(1) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act—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, 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 Act—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, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, 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 Act—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 Act—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 Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.

(3) Buy American Act—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 Act—Free Trade Agreements—Israeli Trade Act”:

Canadian or Israeli End Products:

(4) 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)(4)(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 Act.