B01 W56ZTN-20-R-0006 CSS.pdf

COMBINED SYNOPSIS/SOLICITATION

W56ZTN-20-R-0006

Emergency Generator Maintenance and Repair for the

Emergency Backup Power System (EBPS) at

Aberdeen Proving Ground, Maryland.

This is a combined synopsis/solicitation for commercial items / services 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; proposals are being requested and a written solicitation will not be issued. Incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-06. The solicitation number is W56ZTN-20-R- 0006.

This requirement is under North American Industry Classification System (NAICS) Code 811310, Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance, with a Business Size Standard in value is $8,000,000.00. The solicitation is being issued as a 100% 8(a) small business set-aside. OTHER THAN 8(a) SMALL BUSINESS NEED NOT APPLY. The Government contemplates award of a Firm-Fixed Price contract under FAR Part 12, The Contractor shall provide all chemicals, tools, materials, equipment, transportation, technical expertise and incidental services necessary to provide water treatment chemicals to heating and cooling systems and associated equipment in accordance with the attached specifications.

A cover letter shall accompany the offeror(s) proposal and should consist of the following data:

Solicitation Number:

Company Name:

Company Address:

Small Business Type:

Contact Name:

Contact E-Mail:

Cage Code:

Base Year Overall Total:

Option Year One (1) Overall Total: $___________________.

Option Year Two (2) Overall Total: $___________________.

Option Year Three (3) Overall Total: $___________________.

Option Year Four (4) Overall Total: $___________________.

Overall (Base and all Options) Total: $___________________.

Offerors shall complete and submit, as part of his/her package; The above mentioned cover page, Hourly Rates on CLINs 0003, 1003, 2003, 3003 & 3003 and all evaluation factors in clause 52.212-2. The base year and all outward year pricing for option year(s) One (1), Two (2), Three (3), & Four (4) in accordance with FAR Clause 52.217-9. Incomplete and/or unpriced quotes will be considered unacceptable.

Offerors shall submit all resume(s), certificate(s) and any other pertinent supporting documentation with the proposal as proof of qualification of technical acceptability for the technical factors outlined in FAR Clause 52.212-2, Evaluation – Commercial Items.

All proposals are due no later than 1000 HRS on Monday, 29 June 2020 to both Mr. Russell Estep and Ms. Barbara Cousins at the following e-mail address: russell.w.estep.civ@mail.mil and barbara.d.cousins.civ@mail.mil Proposals shall be submitted in Via E-Mail. No fax or hard copies of proposals will be accepted.

For questions concerning this solicitation, offerors shall contact Mr. Russell Estep or Ms. Barbara Cousins at russell.w.estep.civ@mail.mil or barbara.d.cousins.civ@mail.mil. Any/all questions shall be submitted no later than 5 June 2020 at 1000 EST. All questions will be answer via an amendment to the solicitation in a timely manner.

Questions that can be answered in this Combined Synopsis / Solicitation (CSS) will not be readdressed in the form of an amendment. TELEPHONE QUESTIONS WILL NOT BE ADDRESSED.

AMOUNT

Base Year Monthly Services

FFP

The Period of Performance (POP) shall be determined by the award date.

The contractor is responsible for all maintenance and testing in accordance with the factory standards for each unit in the EPBS. Requirements for routine maintenance and operational testing must also be performed in accordance with the minimum standards of the 2019 edition of NFPA 110, and the Authority Having Jurisdiction (AHJ).

The Period of Performance (POP) will be determined by the date of award.

FOB: Destination

PN/CN: N/A PSC

CD: J028

NET AMT

Base Year Emergency Repairs

FFP

Emergency calls consist of a failure during an exercise or during an actual utility power outage. Failures will impact daily operations and/or critical mission requirements, and the contractor shall be on site to troubleshoot and diagnose the problem within four (4) hours of emergency notification.

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0001 12 Months

0002 150 Each

Base Year Preventative Care Service

FFP

Preventive Care Services shall be performed on work not covered during the monthly services. Performance is based on the discovery of issues found during the monthly services. A detailed proposal, inclusive of all hourly rates and material percentage markup, shall be submitted to the Contracting officer's Representative (COR) no later than 24 hours after discovery. No work shall be performed without the COR approval in the form of a Work Order (WO). All work orders shall be tracked by the COR and the Contractor (KTR). Discoveries that are considerd emergencies shall be reported to the COR before leaving the job site.

Mechanic Hourly Rate = $ . Overtime shall not exceed time & a half. Journeyman Hourly Rate = $ . Overtime shall not exceed time & a half. Material Percentage Markup = %.

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE AMOUNT 0004

Cost for Accounting for Services NSP Accounting for Contract Services Requirement (clause 52.204-14) has been added to Section C. The contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract. The cost, if any, for providing this data shall be entered into this CLIN. If no direct cost is associated with providing this data, enter “No Cost”. Instructions, including the Contractor and Subcontractor User Guides, are available at https://ecmra.army.mil. For further assistance, email the ECMRA.MIL Help Desk at contractormanpower@hqda.army.mil.

PN/CN: N/A

0003 150 Each

OPTION OY I Year Monthly Services

FFP

The contractor is responsible for all maintenance and testing in accordance with the factory standards for each unit in the EPBS. Requirements for routine maintenance and operational testing must also be performed in accordance with the minimum standards of the 2019 edition of NFPA 110, and the Authority Having Jurisdiction (AHJ).

FOB: Destination

OPTION OY I Emergency Repairs

FFP

Emergency calls consist of a failure during an exercise or during an actual utility power outage. Failures will impact daily operations and/or critical mission requirements, and the contractor shall be on site to troubleshoot and diagnose the problem within four (4) hours of emergency notification.

FOB: Destination

1001 12 Months

1002 150 Each

OPTION OY I

Preventative Care Service FFP Preventive Care Services shall be performed on work not covered during the monthly services. Performance is based on the discovery of issues found during the monthly services. A detailed proposal, inclusive of all hourly rates and material percentage markup, shall be submitted to the Contracting officer's Representative (COR) no later than 24 hours after discovery. No work shall be performed without the COR approval in the form of a Work Order (WO). All work orders shall be tracked by the COR and the Contractor (KTR). Discoveries that are considerd emergencies shall be reported to the COR before leaving the job site.

Mechanic Hourly Rate = $ . Overtime shall not exceed time & a half. Journeyman Hourly Rate = $ . Overtime shall not exceed time & a half. Material Percentage Markup = %.

FOB: Destination

PRICE AMOUNT 1004

Cost for Accounting for Services NSP Accounting for Contract Services Requirement (clause 52.204-14) has been added to Section C. The contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract. The cost, if any, for providing this data shall be entered into this CLIN. If no direct cost is associated with providing this data, enter “No Cost”. Instructions, including the Contractor and Subcontractor User Guides, are available at https://ecmra.army.mil. For further assistance, email the ECMRA.MIL Help Desk at

1003 150 Each

OPTION OY II Monthly Services

FFP

The contractor is responsible for all maintenance and testing in accordance with the factory standards for each unit in the EPBS. Requirements for routine maintenance and operational testing must also be performed in accordance with the minimum standards of the 2019 edition of NFPA 110, and the Authority Having Jurisdiction (AHJ).

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 150 Each OPTION OY II Emergency Repairs

FFP

Emergency calls consist of a failure during an exercise or during an actual utility power outage. Failures will impact daily operations and/or critical mission requirements, and the contractor shall be on site to troubleshoot and diagnose the problem within four (4) hours of emergency notification.

FOB: Destination

2001 12 Months

OPTION OY II

Preventative Care Service FFP Preventive Care Services shall be performed on work not covered during the monthly services. Performance is based on the discovery of issues found during the monthly services. A detailed proposal, inclusive of all hourly rates and material percentage markup, shall be submitted to the Contracting officer's Representative (COR) no later than 24 hours after discovery. No work shall be performed without the COR approval in the form of a Work Order (WO). All work orders shall be tracked by the COR and the Contractor (KTR). Discoveries that are considerd emergencies shall be reported to the COR before leaving the job site.

Mechanic Hourly Rate = $ . Overtime shall not exceed time & a half. Journeyman Hourly Rate = $ . Overtime shall not exceed time & a half. Material Percentage Markup = %.

FOB: Destination

PRICE AMOUNT 2004

Cost for Accounting for Services

NSP

Accounting for Contract Services Requirement (clause 52.204-14) has been added to Section C. The contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract. The cost, if any, for providing this data shall be entered into this CLIN. If no direct cost is associated with providing this data, enter “No Cost”. Instructions, including the Contractor and Subcontractor User Guides, are available at https://ecmra.army.mil. For further assistance, email the ECMRA.MIL Help Desk at

2003 150 Each

OPTION OY III Monthly Services

FFP

The contractor is responsible for all maintenance and testing in accordance with the factory standards for each unit in the EPBS. Requirements for routine maintenance and operational testing must also be performed in accordance with the minimum standards of the 2019 edition of NFPA 110, and the Authority Having Jurisdiction (AHJ).

FOB: Destination

3002 150 Each OPTION OY III Emergency Repairs

FFP

Emergency calls consist of a failure during an exercise or during an actual utility power outage. Failures will impact daily operations and/or critical mission requirements, and the contractor shall be on site to troubleshoot and diagnose the problem within four (4) hours of emergency notification.

FOB: Destination

3001 12 Months

OPTION OY III

Preventative Care Service FFP Preventive Care Services shall be performed on work not covered during the monthly services. Performance is based on the discovery of issues found during the monthly services. A detailed proposal, inclusive of all hourly rates and material percentage markup, shall be submitted to the Contracting officer's Representative (COR) no later than 24 hours after discovery. No work shall be performed without the COR approval in the form of a Work Order (WO). All work orders shall be tracked by the COR and the Contractor (KTR). Discoveries that are considerd emergencies shall be reported to the COR before leaving the job site.

Mechanic Hourly Rate = $ . Overtime shall not exceed time & a half. Journeyman Hourly Rate = $ . Overtime shall not exceed time & a half. Material Percentage Markup = %.

FOB: Destination

PRICE AMOUNT 3004

Cost for Accounting for Services FNSP Accounting for Contract Services Requirement (clause 52.204-14) has been added to Section C. The contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract. The cost, if any, for providing this data shall be entered into this CLIN. If no direct cost is associated with providing this data, enter “No Cost”. Instructions, including the Contractor and Subcontractor User Guides, are available at https://ecmra.army.mil. For further assistance, email the ECMRA.MIL Help Desk at

3003 150 Each

OPTION OY IV Monthly Services

FFP

The contractor is responsible for all maintenance and testing in accordance with the factory standards for each unit in the EPBS. Requirements for routine maintenance and operational testing must also be performed in accordance with the minimum standards of the 2019 edition of NFPA 110, and the Authority Having Jurisdiction (AHJ).

FOB: Destination

4002 150 Each OPTION OY IV Emergency Repairs

FFP

Emergency calls consist of a failure during an exercise or during an actual utility power outage. Failures will impact daily operations and/or critical mission requirements, and the contractor shall be on site to troubleshoot and diagnose the problem within four (4) hours of emergency notification.

FOB: Destination

4001 12 Months

OPTION OY IV

Preventative Care Service FFP Preventive Care Services shall be performed on work not covered during the monthly services. Performance is based on the discovery of issues found during the monthly services. A detailed proposal, inclusive of all hourly rates and material percentage markup, shall be submitted to the Contracting officer's Representative (COR) no later than 24 hours after discovery. No work shall be performed without the COR approval in the form of a Work Order (WO). All work orders shall be tracked by the COR and the Contractor (KTR). Discoveries that are considerd emergencies shall be reported to the COR before leaving the job site.

Mechanic Hourly Rate = $ . Overtime shall not exceed time & a half. Journeyman Hourly Rate = $ . Overtime shall not exceed time & a half. Material Percentage Markup = %.

FOB: Destination

PRICE AMOUNT 4004

Cost for Accounting for Services

NSP

Accounting for Contract Services Requirement (clause 52.204-14) has been added to Section C. The contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract. The cost, if any, for providing this data shall be entered into this CLIN. If no direct cost is associated with providing this data, enter “No Cost”. Instructions, including the Contractor and Subcontractor User Guides, are available at https://ecmra.army.mil. For further assistance, email the ECMRA.MIL Help Desk at

4003 150 Each

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 N/A N/A N/A N/A 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 N/A N/A N/A N/A 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 N/A N/A N/A N/A 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 N/A N/A N/A N/A 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 N/A N/A N/A N/A

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

1003 N/A N/A N/A N/A

1004 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

2003 N/A N/A N/A N/A

2004 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

3003 N/A N/A N/A N/A

3004 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

4002 N/A N/A N/A N/A

4003 N/A N/A N/A N/A

4004 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government OCT 1995 (Sep 2006) -- Alternate I 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-17 Contractor Employee Whistleblower Rights and Requirement APR 2014 To Inform Employees of Whistleblower Rights 52.204-7 System for Award Management OCT 2018 52.204-24 Representation Regarding Certain Telecommunications and DEC 2019 Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain Telecommunications AUG 2019 and Video Surveillance Services or Equipment.

52.204-26 Covered Telecommunications Equipment or Services-- DEC 2019 Representation.

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain AUG 2018 Activities or Transactions Relating to Iran-- Representation and Certifications.

52.232-1 Payments APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.243-1 Changes--Fixed Price AUG 1987 52.243-3 Changes--Time-And-Material Or Labor-Hours SEP 2000 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001 52.246-25 Limitation Of Liability--Services FEB 1997

52.249-2 Termination For Convenience Of The Government (Fixed- Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

(a) Definition. First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.

(b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).

(c) The Contractor shall report the following information:

(1) Contract number and, as applicable, order number.

(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.

(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov. (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the contracting officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under FAR subpart 42.15.

(e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15.

By November 30, the Contractor shall revise the report, or document its rationale for the agency.

(f)(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report:

(i) Subcontract number (including subcontractor name and unique entity identifier); and

(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.

(2) The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.

(End of clause)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA)

Evaluation Factors Supporting Documents Prescription Location in the Performance Work Statement (PWS)

Contract Value Submission

1 – 30 Day Preventative Maintenance Schedule.

Sample Preventive Maintenance Schedule.

Inclusive of 100 units.

PWS - section 1.2. Base Year =

2 - Quality Control Plan (QCP)

Sample QCP PWS - section 4.2 Option Year One (1) =

3 – Quality Assurance Surveillance Plan

(QASP)

Sample QASP PWS - section 4.1 Option Year Two (2) =

4 – Safety Plan Sample Safety Plan PWS – section 2.5.3.1 Option Year Three (3)

5 - Disaster Contingency Plan

Sample Disaster Contingency Plan

PWS – section 2.5.6.3 Option Year Four (4) =

6 – Contract Manager Resume w/ seven (7) years of experience reflected by contract number, reference & contact information, I.E.

Phone Number & E-Mail Address.

PWS – section 2.1.4.1 Total Proposed Value to include the base & all option years.

7 - Contract Administrator

Resume w/ seven (7) years of experience reflected by contract number, reference & contact information, I.E.

Phone Number & E-Mail Address.

PWS – section 7.1.1.15

8 – Technicians Resume w/ five (5) years of experience reflected by contract number, reference & contact information, I.E.

Phone Number & E-Mail Address.

9 - Journeyman Resume w/ three (3) years of experience reflected by contract number, reference & contact information, I.E.

Phone Number & E-Mail Address.

(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.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

"Forced or indentured child labor" means all work or service-

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

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

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended. “Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service- connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which 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 its stock is owned by one or more women; or

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (v) 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 (XX ) is, concern.

) is not a small business

(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 ( not a veteran-owned small business concern.

) is, ( ) is

(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 ( disadvantaged business concern as defined in 13 CFR 124.1002.

) is, ( ) is not a small

(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 ( owned small business concern.

) is, ( ) is not a women-

(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--

] 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

] 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--

] 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

] 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:

participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

.] Each HUBZone small business concern

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal

Opportunity clause of this solicitation, the and

) has, ( ) has not, filed all required compliance reports.

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

) 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 Subparts 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:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

(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 (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act":

Canadian or Israeli End Products:

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements-- Israeli Trade Act'':

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

(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; and

(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 appear 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.