Combined Synopsis with All Docs-Draft.pdf

Contracts Branch (fc)

Action Code: Combined Synopsis/Solicitation

Date: April 13, 2023

Zip Code: 19106

NAICS Code: 811210

Contracting Office: W912BU

Class Code: Z

Subject: FE Walter Traction Elevator

Solicitation No.: W912BU23R0023 – FE Walter Traction Elevator Modernization, this solicitation is issued as request for proposal (RFP).

Set-Aside Code: Small Business

Response Date: 27 April 2023

Place of Performance: FE Walter Dam 146 Walter Dam Road, White Haven, PA

Description of Work:

The U.S. Army Corps of Engineers, Philadelphia District, intends to award a firm fixed contract to perform an elevator modernization at FE Walter Dam located in White Haven, PA. This is a combined synopsis/solicitation for commercial products or commercial services 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; proposals are being requested and a written solicitation will not be issued.

The contractor shall provide all labor, material, and equipment necessary to perform a complete elevator modernization upgrade and to comply with the requirements stated in the Performance Work Statement that is attached to this document.

The contractor shall install a new non-proprietary microprocessor based with closed loop variable voltage, variable frequency AC drive, and a tape selector leveling system. The contractor shall install a new traveling cable and hoist way wiring. A certified independent thirdparty inspection shall be provided upon completion of work. The NAICS Code for this project is 811210, Electronic and Precision Equipment Repair and Maintenance. The small business size is $34.0 Million.

Estimated cost range of the project is $25K - $100K dollars.

The Combined Synopsis No. W912BU23R0023 will be issued on or about 13 April 2023. Proposals must be received by 27 April 2023 at 3:00p.m. The contract period of performance is 180 Calendar days after receipt of award.

Questions regarding this notice should be directed to Frederick Conway at frederick.conway@usace.army.mil

Cheley Auguste Contracting Officer

Encl:

Performance Work Statement Bid Schedule Contract Clauses Wage Determination

Bid Schedule

Item No. Desciption Unit Unit Price Dollar Amount

Non-Propietary Micropresser 1 Job LS $ Closed Loop Variable AC Drive 1 Job LS $ Tape Selector Leveling System 1 Job LS $ Travel Cable and Hoistway Wiring 1 Job LS $

Vehicle: Light Duty Box Truck/Van 15 Days $ $ Vehicle: Light Duty Box Truck/Van 15 Days $ $ Tools and Software 1 Job LS $

Elevator Operator (11060) 120 Labor Hours $ $ Electrician, Maintenance (23160) 120 Labor Hours $ $ Machinery Maintenance Mechanic (23530) 120 Labor Hours $ $ Maintenance Trades Helper (23550) 120 Labor Hours $ $ Painter, Maintenance (23760) 8 Labor Hours $ $ Engineering Technician VI (30086) 24 Labor Hours $ $ Drafter/CAD Operator IV (30064) 24 Labor Hours $ $

Misc Cost:

Independent Third Party Inspection and Cert 1 Job LS $

Sub Total $

Overhead 10% 1 Job LS $ General and Administrative 10% 1 Job LS $

Total with Overhead and G&A $

Profit Margin 7.5% 1 Job LS $

TOTAL PROJECT COST $

Material:

Equipment:

Labor Cost:

Performance Work Statement

Traction Elevator Modernization Project US Army Corps of Engineers

Francis E. Walter Dam White Haven, PA 18661

1.0 Introduction

1.1 Background. Francis E. Walter Dam is located at 146 Walter Dam Road, White Haven PA 18661. The project is located on the Lehigh River, 77 miles above the confluence with the Delaware River. The reservoir is part of the Lehigh River Flood Control program and is operated and maintained by the US Army Corps of Engineers (USACE), Philadelphia District. Congressionally authorized for flood control, this multipurpose project supports various USACE missions.

1.2 Scope of Work. Located inside the operating tower is a traction elevator that was installed in the early 1960s that allows personnel to travel to five floor locations with a total span of approximately 200ft. After several recent mechanical and electrical breakdowns, it has become extremely difficult to furnish replacement parts due to the age of the elevator. Various short-term repairs have been made but after further evaluation, it was determined that a complete elevator modernization is the most safe and efficient repair option for continued long term operation of the project.

Furthermore, this project completion ensures the protection of dam safety rehabilitation work scheduled for FY23. USACE cannot perform this work without a functioning elevator and will incur costly delays.

The contractor shall provide all labor, material, and equipment necessary to perform a complete elevator modernization upgrade and to comply with the requirements referenced in the sections below.

2.0 General Requirements

A required service contract on the elevator in the operating tower shall be provided at Francis E. Walter Dam as described in the following sections.

2.1 General. The contractor shall install a new non-proprietary microprocessor based with closed loop variable voltage, variable frequency AC drive, and a tape selector leveling system. The contractor shall install a new traveling cable and hoist way wiring. A certified independent third-party inspection shall be provided upon completion of work.

2.2 Government-Furnished Materials. The contractor is required to retain the existing components from the elevator and reinstall as needed. These major components include but are not limited to the car enclosure, door operators, door panels, power unit which contains the existing geared machine and AC motor, hoist ropes, governor and safety switches, and car and counterweight slides. In addition, USACE will independently provide electrical upgrades to meet current standards and code requirements outside of the scope of this contract.

2.3 Contractor Personnel, Disciplines, and Specialties. The contractor must be registered in System for Award Management, (www.sam.gov) have a DUNS# and Cage Code to provide. The contractor must use GSA and other Governmental pricing schedules where applicable. The contractor must be a Pennsylvania certified elevator service repair company or an independent repair company who is recognized by the American Elevator Group. The contractor must have at least 5 years of specialized experienced in elevator maintenance, modernization, testing, compliance, and new installation.

2.4 Safety: All work is to be conducted per the USACE safety and health requirements manual EM 385-1-1 which references ASME/ASNI A17.1 Safety Code for Elevators and Escalators, and ANSI/NFPA 70 National Electric Code. The EM385-1-1 is applicable to all activities and operations of the job. Specific work and safety plans will be required for electrical and mechanical work, fall protection, load handling equipment, confined space entry, and hazardous energy control.

2.5 Location and Hours of Duty. The Contractor shall perform this work only during normal duty hours (7:00 am. to 3:30 pm., Monday thru Friday, excluding national holidays).

3.0 Performance Requirements

3.1 Inspection: Prior to commencing elevator installation, the contractor shall inspect hoistway, openings, pits and machine room, as constructed, shall verify all critical dimensions, and examine supporting structure and all conditions under which elevator work is to be installed.

3.2 Controller: A non-proprietary micropressor-based controller shall be furnished and installed. The micropressor shall have opto-isolated inputs and outputs. The controller shall have all diagnostic and troubleshooting readouts located directly on the unit.

The controller shall have the ability to be replaced by a unit of different model or manufacturer without the necessity of replacing any other related items. The control system shall include a microprocessor for processing, adjusting and diagnostics. The system shall provide comprehensive means to access the computer memory for elevator adjusting and diagnostic purposes and shall have permanent indicators to show elevator status as an integral part of the controller. Status indicators shall be provided on the controller to indicate when the safety circuit is open, when the door locks are open, when the elevator is running at high speed, when the elevator is on independent service, when the elevator is on fireman’s service, when the elevator out of service timer has elapsed, and when the elevator has failed to successfully complete it’s intended movement. A means shall also be provided for the displaying of other special or error conditions that are detected by the microprocessor without http://www.sam.gov/ the use of any handheld on portable device. Changing of operational parameters shall be possible without the use of removable devices or knowledge of any programming languages.

The controller shall comply with the following provisions and follow all known standards for universal serviceability and maintainability. The equipment must be generally available for purchase by any qualified elevator contracting business.

Spare Parts must be available to any qualified purchaser. All equipment or tools for diagnostics, maintenance, adjustment, or troubleshooting shall be available to any qualified elevator contracting business. Such tools shall provide access to all parameters and levels of adjustment that are necessary for the maintenance of the equipment. There shall be no expiring or degrading software that would prohibit proper maintenance. Factory and or on-site training for the installation, adjustment, maintenance, and troubleshooting shall be available for the manufacturer to any qualified elevator contracting business. Technical support should be made available to any qualified elevator contracting business by the equipment manufacturer. The equipment manufacturer shall provide documentation in the form of manuals, circuitry diagrams, prints, engineering drawings, testing procedures, and parts lists shall be provided with the equipment at the time of installation. Replacement documentation shall be available to any qualified elevator contracting business. Based on the current system at Francis E. Walter Dam, known acceptable manufacturers include but are not limited to Elevator Systems Micro II, Smartrise Engineering SRA, and GAL Manufacturing Galaxy.

3.3 Control and Motor Drive: The control system shall be closed loop feedback variable voltage type control system, which shall govern the starting, stopping and direction of of the elevator. The control shall use a solid-state motor drive power, which shall apply variable voltage to the elevator motor. The closed loop feedback speed control regulator system shall vary with the voltage applied to the elevator hoist motor, during acceleration and retardation periods, without interrupting the power to the hoist motor. On stopping, the hoist motor shall be slowed down to leveling speed by regenerative or dynamic braking. Complete electric controlled stopping shall be made before the brake is set on the brake drum. The leveling system shall correct for over travel or under travel within ¼” measured between car and landing door sill, where it is caused by changes in load on the platform after the car has made the initial stop.

The initial stop shall be made without any re-leveling.

The motor drive and its components shall be designed and rated specifically for elevator duty. The solid-state control system shall incorporate factory determined and preset functions to precisely determine the speed of the elevator at any instant of travel in accordance with a predetermined acceleration and rate of acceleration factor.

The elevator hoist motor current shall be electronically controlled. The current shall be monitored and shall be maintained at the adjusted level through a feedback load. The hoist motor brake shall be electronically controlled by a separate phase-controlled supply. The brake current shall be controlled by a current feedback loop to provide constant brake coil current. Resistance changes due to brake coil heating shall be compensated for without any additional external resistors and heat losses. Brake pickup current and brake holding current shall be independently adjustable.

A positive means of determining the position of the elevator in the hoistway at all times shall be provided as a part of the elevator control system. Floor location for leveling shall be determined via magnetic strips affixed to a tape, or vanes, to define the floor-leveling zone. The failure of any switch, contact, or relay to release in the intended manner, the failure of any static control devices, speed measuring circuit, or speed pattern generating circuit operate as intended, or the occurrence of a single accidental ground or short circuit shall not permit the car to operate. A test switch shall be provided on the controller, which shall allow independent operation of the elevator without door open functioning for purposes of adjustment or testing of the elevator.

All controller printed circuit boards, discrete components, switches, and other items of control equipment shall be mounted on panels which shall be made of a moisture-resisting, noncombustible material which shall be securely mounted in a substantial, self-supporting steel frame with fastenings suitable for panel demounting. A vibration absorbing mounting shall be provided for the steel frame, if necessary, to eliminate perceptible vibration.

Electro-mechanical switches and relays shall be used where heavy current is supplied and/or on safety circuits required by the Elevator Codes. Switches shall be direct current type, magnet operated with contacts of design and material to ensure maximum conductivity, long life and reliable operation without overheating or excessive wear and provide a wiping action to prevent sticking due to fusion.

Switches carrying highly inductive currents shall be provided with arc deflectors and suppressors.

Identifying symbols or letters shall be permanently marked on or adjacent to each device on the controller and the marking shall be identical to marking on the wiring diagrams. The ampere rating shall be marked adjacent to all fuse holders. All input-output devices shall be marked similarly to relays for easy reference to wiring diagrams.

3.4 Terminal Limit Switches: Terminal limit switches shall be provided in the hoistway designed to automatically stop the car at each terminal landing.

3.5 Wiring and Travel Cables: All hoistway control wiring, traveling cables, cab wiring and machine room control wiring shall be replaced with new. Wiring shall bear the UL label and be installed in accordance with the National Electric Code. Each traveling cable shall include 10% spare wires.

3.6 Car Inspection: A new top of car inspection station shall be installed. Unit shall contain inspection/auto switch, up/down and safety switches, stop switch, GFI outlet and car top light with guard.

3.7 Painting and Cleaning: The elevator hoistway, pit and machine room shall be thoroughly cleaned at the conclusion of the project and prior to acceptance. The elevator machine room floor shall be painted with two coats of gray deck enamel. All machine room elevator equipment, existing and new shall be painted with two coats of rust inhibiting enamel paint. The pit floor shall be cleaned, painted grey, and buffers painted.

3.8 Period of Performance: 180 Days after Notice to Proceed.

3.9 Independent Third-Party Inspection: A certified independent third-party inspection shall be provided upon completion of work. The contractor shall perform acceptance tests as required by State Elevator Code and governing regulations or agencies.

The contractor shall provide USACE with an approved operating permit at completion.

3.10 Damage to Government Property: The contractor shall be responsible for restoration to any damage caused to Government owned property as a result of the work performed under this contract.

4.0 Payment and Invoicing

4.1 Correspondence: Payment will be made after delivery and upon satisfied completion by the Authorized Representative of the Contracting Officer. Compensation is for all manpower, equipment, supplies, and materials required to complete the elevator modernization service contract as described herein. The contractor shall submit an invoice(s) for payment to:

Joshua E. Dinko U.S. Army Corps of Engineers Beltzville Lake 2145 Pohopoco Drive Lehighton, PA 18235

The invoice should be submitted within five (5) calendar days after delivery. The invoice must provide, Contractor’s name and address, Contract/Purchase Order No., date prepared and itemized costing per unit. Questions regarding the preparation and forwarding of invoices may be directed to Joshua Dinko at the Northern Area Office at

(610) 377-0332, Joshua.E.Dinko@usace.army.mil.

W912BU23R0014

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

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

OCT 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-5 Payments to Small Business Subcontractors JAN 2017 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

NOV 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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:

1. Meets all specifications contained in the scope of work.

2. Past Performance that shows background and competence in the NAICS Code and the required work.

Technical and past performance, when combined, are Equal.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

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.

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

“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"--

(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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) 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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 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…