AG-0356-S-16-0047.pdf

AG-0356-S-16-0047

Mark III Pump Parts

Northern Rockies Cache

Solicitation Issue Date: April 26, 2016

Method of Solicitation: Request for Quotation (RFQ).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation and incorporated provisions and clauses are those in effect through the most current Federal Acquisition Circular FAC 2015-87.

North American Industry Classification (NAICS): 333911 (Pump and Pump Part Manufacturers

Size Standard is 750 employees

Set Aside: 100% small business set-aside.

General Information: The intent of this solicitation is to obtain quotes for Mark III Pump Parts for repair and rebuild of Mark III Pumps at the Northern Rockies Cache, Missoula MT. Only OEM parts will be accepted. Substitution or other than brand name parts will void the warranty if used on the Mark III Pumps.

Pump Parts must be delivered to: Northern Rockies Cache

Aerial Fire Depot

5765 West Broadway

Missoula MT 59802

Delivered by: June 16, 2016

Complete quotes must be received by the Western Montana Acquisition Zone by: 4:00 PM, MST on Tuesday, May 3, 2016.

DOCUMENTS TO RETURN:

The following documents shall be submitted by the offeror for evaluation to be considered responsive:

Contractors wishing to submit a quote must include the following:

Completed Schedule of Items Pg. 2-4 of this solicitation

Proof of sam.gov registration

Mail quote to: Forest Service, Western Montana Acquisition Zone (WMAZ)

Attn: Tina Kelly

24 Fort Missoula Rd.

Missoula, MT 59804

Or E-mail: tinakelly@fs.fed.us (Please verify receipt of email)

For solicitation questions call Tina Kelly at (406) 329-3845

FAXED QUOTES WILL NOT BE ACCEPTED

mailto:tinakelly@fs.fed.us

MARK III PUMP Parts

AG-03R6-S-16-0047

Northern Rockies Cache, Aerial Fire Depot

Missoula, MT

SCHEDULE OF ITEMS

Part

NO.

DESCRIPTION

PAY

UNIT

AQ*

QTY.

UNIT

PRICE

TOTAL

PRICE

12-16S PUMP HEAD EA 10

12-8 PUMP HEAD

HOUSING

EA 8

12-11 IMPELLER EA 50 $ $

12-7 IMPELLER EA 200 $ $

12-6 DISTRIBUTOR EA 50 $ $

12-9 DISTRIBUTOR EA 100 $ $

12-40 BRASS BUSHING EA 50 $ $

12-49 LOCK WASHER EA 50 $ $

A-1049 LOCK PLATE EA 100 $ $

C-5201 FRAME EA 10 $ $

R-662

CONDENSOR EA 150 $ $

R-664

POINTS EA 100 $ $

R-661

COIL EA 20 $ $

R-633T

STOP SWITCH EA 40 $ $

R-205

SPARK

ARRESTOR

EA 50 $ $

R-229

MUFFLER EA 20 $ $

R-402

CARB STUDS EA 100 $ $

R-504

STARTER

SHEAVE (ALUM)

EA 20 $ $

R-506

SPRING

R-530

HOUSING

EA 30 $ $

B-6288 OVER SPEED

SWITCH

EA 40 $ $

R-601 ALUM STARTER

PULLEY

EA 30 $ $

R-144

DUST SHIELD EA 20 $ $

R-152N CRANK CASE

HALF SET

EA 5 $ $

R-529

STARTER ASSY EA 10 $ $

R-341 CRANK SHAFT

(W/cam ONLY)

EA 15 $ $

R-603

ALUM FAN EA 5 $ $

R332R

PISTON EA 50 $ $

R-329

"C" CLIP EA 100 $ $

R-328

PISTON PIN EA 50 $ $

R-951

GASKET SET EA 50 $ $

R-130

LEG STUD EA 100 $ $

R-129

LEG STUD EA 100 $ $

R-149 CARB SPRING

WASHER

EA 400 $ $

R-150

LOCK NUTS EA 400 $ $

801273 CYLINDER &

PISTON KIT

(NIKASILO)

EA 20 $ $

R-790

CARB SHROUD EA 25 $ $

R-709X

FUEL ELBOW EA 20 $ $

R-324

NEEDLE

BEARING

EA 30 $ $

R-1113N

CARB GASKET EA 100 $ $

R-117

EXAUST STUD EA 100 $ $

R-271 ELECTRONIC

IGNITION

EA 5 $ $

R-334

SPACER EA 10 $ $

B-6289 DOS/OVERSPEED

KIT

EA 5 $ $

C4506-3 RUBBER

CUSHION FRAME

Total $ ______________

Price quotation furnished by:

Name Phone ( )

Address FAX ( )

E-mail

DUNS # ______________________________________

Special Notes:

1. The offeror must submit an offer for all items..

2. In the event of an error in extending the total price, unit prices will govern unless otherwise determined by the Contracting Officer.

3. Quantities are actual and payment will be made on actual accepted and delivered items.

INVOICING & PAYMENTS

All payments are processed using The Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding

Federal holidays) from 8 a.m. to 6 p.m. ET, to answer questions related to accessing IPP or completing the registration process. Their toll-free number is 1-866-973-3131 or they can be reached at IPPCustomerSupport@fms.treas.gov. If you have any additional questions or

DESIGNATED METHOD OF MEASUREMENT

AQ *= Actual Quantity concerns, please contact the Controller Operations Division Help Desk at 1-877-243-3072 or cod.help@usda.gov.

CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference. (FEB 1998) 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):

http://farsite.hill.af.mil/

52.212-4 - Contract Terms and Conditions—Commercial Items.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS

(MAY 2015) (IAW FAR 12.301(b)(4))

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec

2014).

(2) 52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-

77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government

(Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

__ __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct

(Apr 2010) (41 U.S.C. 3509).

__ __ (3) 52.203-15, Whistleblower Protections Under the American

Recovery and Reinvestment Act of 2009 (Jun 2010)

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

__ __ (4) 52.204-10, Reporting Executive Compensation and First-Tier

Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31

U.S.C. 6101 note).

(5) [Reserved]

__X__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014)

(Pub. L. 111-117, section 743 of Div. C).

__ __ (7) 52.204-15, Service Contract Reporting Requirements for

Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-

117, section 743 of Div. C).

__ __ (8) 52.209-6, Protecting the Government’s Interest When

Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

__ __ (9) 52.209-9, Updates of Publicly Available Information Regarding

Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

____ (10) [Reserved}

__ __ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source

Award (Nov 2011)(15 U.S.C. 657a).

__ (11) (ii) Alternate I (Nov 2011) of 52.219-3.

__ __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for

HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

__ (12) (ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

__X__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov

2011) (15 U.S.C. 644).

__ __ (14) (ii) Alternate I (Nov 2011).

__ __ (14) (iii) Alternate II (Nov 2011).

__ __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June

2003)(15 U.S.C. 644).

__ __ (15) (ii) Alternate I (Oct 1995) of 52.219-7.

__ __ (15) (iii) Alternate II (Mar 2004) of 52.219-7.

__ __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15

U.S.C. 637(d)(2) and (3)).

__ __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014)(15

U.S.C. 637(d)(4

__ __ (17) (ii) Alternate I (Oct 2001) of 52.219-9.

__ __ (17) (iii) Alternate II (Oct 2001) of 52.219-9.

__ __ (17) (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C.

644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011)(15 U.S.C.

637(a)(14)).

__ __ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan

1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ __ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned

Small Business Set-Aside (Nov 2011)(15 U.S.C. 657 f).

__ X __ (22) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) (15 U.S.C. 632(a)(2)).

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following re-representation and submit it to the contracting office, along with the contract number and the date on which the re-representation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code 115310 assigned to contract number

AG-0356-C-16-_____________________________.

Contractor signature and date

Authorized signer's name and title

__ __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged

Women-Owned Small Business (EDWOSB) Concerns

(Jul 2013) (1 U.S.C. 637(m)).

__ __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small

Business (WOSB) Concerns Eligible Under the WOSB

Program (Jul 2013) (15 U.S.C. 637(m)).

__X__ (25) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

__X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and

Remedies (Jan 2014)(E.O. 13126).

__X __ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X __ (28) 52.222-26, Equal Opportunity (Apr 2015)(E.O. 11246).

__X__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C.

4212).

__X__ (30) 52.222-36, Equal Opportunity For Workers with Disabilities (Jul

2014)(29 U.S.C. 793).

__ __ (31) 52.222-37, Employment Reports on Veterans (Jul 2014)(38

U.S.C. 4212).

__ __ (32) 52.222-40, Notification of Employee Rights Under the National

Labor relations Act (Dec 2010) E.O. 13496).

__X __ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22

U.S.C. chapter 78 and E.O. 13627).

__ __ (33) (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ __ (34) 52.222-54, Employment Eligibility Verification (Aug 2013).

(Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ __ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material

Content for EPA-Designated Items (May 2008)(42

U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ _ (35) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C.

6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ _ (36) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging

Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ _ (36) (ii) Alternate I (Jun 2014) of 52.223-13.

__ _ (37) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions

(Jun 2014) (E.O.s 13423 and 13514).

__ _ (37) (ii) Alternate I (Jun 2014) of 52.223-14.

__ __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products

(Dec 2007) (42.U.S.C. 8259b).

__ __ (39) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal

Computer Products (Jun 2014) (E.O.s 13423 and 13514).

__ _ (39) (ii) Alternate I (Jun 2014) of 52.223-16.

__X __ (40) 52.223-18, Encouraging Contractor Policies to Ban Text

Messaging While Driving (Aug 2011)(E.O.13513).

__X__ (41) 52.225-1, Buy American--Supplies (May 2014)(41 U.S.C.

chapter 83).

__ __ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli

Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

__ _ (42) (ii) Alternate I (May 2014) of 52.225-3.

__ _ (42) (iii) Alternate II (May 2014) of 52.225-3.

__ _ (42) (iv) Alternate III (May 2014) of 52.225-3.

__ __ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ X __ (44) 52.225-13, Restriction on Certain Foreign Purchases (Jun

2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of Treasury).

__ __ (45) 52.225-26, Contractors Performing Private Security Functions

Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov

2007)(42 U.S.C. 5150).

__ __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or

Emergency Area (Nov 2007)(42 U.S.C. 5150).

__ __ (48) 52.232-29, Terms for financing of Purchases of Commercial

Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (49) 52.232-30, Installment Payments for Commercial Items (Oct

1995)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer—System for

Award Management (Jul 2013)(31.U.S.C. 3332).

__ __ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than

System for Award Management (Jul 2013)(31.U.S.C.

3332).

__ __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.

3332).

__ __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C.

552a).

__ __ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag

Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

__ _ (54) (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ X __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)

(E.O. 13495).

__ X __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41

U.S.C. chapter 67).

__ X __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

This Statement is for Information Only: It is not a Wage Determination

Employee Class

0462 – Forestry Technician GS 4 Step 1 $13.84/ Hour

__X__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor

Standards--Price Adjustment (Multiple Year and Option

Contracts) (May 2014)(29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__X__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor

Standards - Price Adjustment (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

__ __ (6) 52.222-51, Exemption from Application of the Service Contract

Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—

Requirements (May 2014) (41 U.S.C. chapter 67).

__ __ (7) 52.222-53, Exemption from Application of the Service Contract

Labor Standards to Contracts for Certain Services—

Requirements (May 2014)(41 U.S.C. chapter 67).

__X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec

2014)(E. O. 13658).

__ __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit

Organizations. (May 2014) (42 U.S.C. 1792).

__ __ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31

U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at

52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41

U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.

13495). Flow Down required in accordance with paragraph (l) of FAR clause

52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter

67).

(xi) __X __ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22

U.S.C. chapter 78 and E.O. 13627).

__ __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain

Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services—Requirements (May 2014) (41

U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.

O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Jul 2013) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraphs (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

SOLICITATION PROVISIONS

52.252-1 Solicitation Provisions Incorporated by

Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

52.212-1 Instructions to Offerors - Commercial Items

52.212-3 Offeror Representations and Certifications - Commercial Items.

Offeror Representations and Certifications -- Commercial Items (Apr 2012)

*An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.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 (o) of this provision.

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

Economically disadvantaged women-owned small business (EDWOSB) concern

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

Forced or indentured child labor‖ means all work or service

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted Domestic Corporation

(1) As used in this section, 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). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

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

(1) 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

(1)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—

(2) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(3) 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;

(4) Consist of providing goods or services to marginalized populations of Sudan;

(5) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(6) Consist of providing goods or services that are used only to promote health or education; or

(7) 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.

Service-disabled veteran means

(1) 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

(1) 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.

Subsidiary

(1) Means an entity in which more than 50 percent of the entity is owned

(2) Directly by a parent corporation; or

(3) 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.

Women-owned business concern

(1) Means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern

(1) Means a small business concern

(2) 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

(3) 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 Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the

ORCA website accessed through https://www.acquisition.gov . After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

____________. [Offeror to identify the applicable paragraphs at (c) through (o) 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 ORCA.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(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 [_] is, [_] is not, a small disadvantaged business concern as defined in

13 CFR 124.1002.

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror prepresents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each

WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB

Program and other small businesses that are participating in the joint venture:

_________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in

(c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each

EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

(10) [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 [_] is, [_] 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 CCR Dynamic Small Business Search database maintained by the Small Business Administration , 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 [_] has, [_] 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) 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)(10)(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: ________________.]

(11) 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)(11)(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 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: LINE

ITEM NO.

COUNTRY OF ORIGIN