DTFH7014Q00056.pdf

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Building Retro-Commissioning Federal contract opportunity
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DTFH7014Q00056
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Department of Transportation Federal Highway Administration

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DTFH7014Q00056 Page 1 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotes are being requested and a written solicitation will not be issued.

This is a Firm Fixed Price Request for Quotation (RFQ), No. DTFH7014Q00056, being issued by the Western Federal Lands Highway Division’s Acquisition Department. This RFQ is for Retro‐Commissioning of FHWA Administration building located in Vancouver, Washington.

This solicitation is prepared in accordance with FAR Part 12, the Acquisition of Commercial Items, in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR 13, Simplified Acquisition Procedures. This RFQ is a Small Business SET‐ASIDE. The NAICS code associated with this solicitation is 541350 with an industry size standard of $7.5 Million. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005‐76.

A responsible quoter is one whose offer conforms to the solicitation and will be most advantageous to the Government. See Clause 52.212‐2 below, for evaluation criteria. It is the contractor’s responsibility to be familiar with applicable clauses and provisions. FAR Provisions and Clauses may be viewed and/or downloaded from https://www.acquisition.gov/far/.

It is the responsibility of the interested parties to incorporate any amendments and check http://www.wfl.fhwa.dot.gov/contracting/simplified/notices.htm for questions and answers.

Any incomplete responses will not be considered. Award will be made on the best value for the Government.

Submit quote by Email to:

Gunnar.Prutz@dot.gov

Offers due 2 PM Pacific Time, September 18th, 2014

A mandatory walkthrough will take place at 610 E Fifth Street, Vancouver, WA, 98661.

The walkthrough will occur on 09/11/2014 at 2:00 PM Pacific Time.

DTFH7014Q00056 Page 2

Western Federal Lands Highway Division Building Retro‐Commissioning

Overview and Background The Energy Independence and Security Act (EISA) of 2007, Section 432, requires Federal agencies that own and operate Government facilities to perform periodic energy and water use evaluations of their facilities. The periodic evaluation includes facility recommissioning, or if the facility has not been previously commissioned, retro‐commissioning, of the facility. The Federal Highway Administration (FHWA) owns and operates the Western Federal Lands Highway Division (WFLHD) facility located in Vancouver, WA. The facility includes two buildings, the Mule Barn and the Main Building, with a total floor area of approximately 78,000 ft2. The Mule Barn building, is listed on the national historical building register, and the primary use of the Mule Barn building is as a seasonal office building. The majority of the Mule Barn space, 15,942 ft2, has no environmental conditioning. The main building includes three major sections constructed in 1931, 1952, and 1978. The primary use of the main building is as a full time office and a materials test laboratory. The retro‐commissioning activities identified in this Statement of Work (SOW) are applicable to the approximately 62,000 ft2

WFLHD main building and to the Asphalt Binder Lab located in the Mule Barn.

The goal of the task defined in this Statement of Work (SOW) is to identify actions that will improve the performance of the WFLHD main building. The building systems included in the retro‐commissioning activities are:

1. Building envelope

2. Lighting and plug loads

3. EMS/HVAC controls

4. HVAC Systems

5. Potable and irrigation water systems.

Each building system included in the retro‐commissioning activities will be evaluated as an individual system and as an integrated part of whole building performance. The goal of the evaluations is to identify opportunities to increase operating efficiency, reduce energy and water use, decrease operating costs, and improve building comfort levels. The results of the retro‐commissioning activities will be published into a report for delivery to WFLHD.

General Requirements The contractor selected to provide the WFLHD retro‐commissioning shall:

1. Attend the mandatory walk through at the WFLHD facility scheduled for 09/11/2014 at 02:00 PM Pacific Time.

2. Have previous experience performing retro‐commissioning on the building systems listed.

3. Have staff with professional certification and qualification necessary to measure and evaluate commercial building thermodynamic, electrical, controls, operation and maintenance, energy efficiency, lighting, and water supply systems.

4. Utilize email as the routine means to support correspondence, file transfer, and information requests.

5. Develop and maintain a schedule. Schedule provided to WFLHD as a *.pdf® file type.

6. Complete all work and provide final deliverables within 120 working days of notification to proceed.

7. Complete registration in the Government’s System for Acquisition Management prior to contract award.

Deliverables The deliverable is a report that includes the following:

1. Executive summary of retro‐commissioning activities.

2. Analysis of major findings and results.

3. Building and systems descriptions.

4. Scope of retro‐commissioning project.

5. Master list of findings that compare monitored and identified values in WFLHD building systems to values in similar systems for high performance buildings.

6. Master list of recommended actions that would result in increasing the operating efficiency of WFLHD building systems, decreasing energy and water consumption and improving building occupant comfort levels. The master list of recommended actions shall address the following:

a. Operating practices

DTFH7014Q00056 Page 3

b. Maintenance activities

c. Equipment selection

d. EMS sequence of operations

e. Operating schedules (EMS, thermostats, irrigation)

f. Staff training

g. Equipment obsolescence

h. Applicability of new technology

7. Payback list identifying anticipated cost to implement recommended actions and the simple payback period applicable to each recommended action.

8. One line and outline drawings depicting the building systems investigated annotated with key measurement values for current conditions and the recommended values for optimum performance.

9. Provide the final report, as a Microsoft® Word file.

10. Provide drawings developed for the report as Microstation® (dgn) or AutoCAD® (dwg) files.

Building Envelope Tasks The building envelope includes the building outside perimeter walls, doors, and windows and the building roof. The contractor shall perform the following building envelope tasks:

1. Monitor and identify energy in‐leakage and out‐leakage paths through the building envelope.

2. Calculate building energy gain/loss through building envelope paths.

3. Sort identified energy leakage points from highest to lowest energy loss.

4. Identify cause for energy leakage across the building envelope.

Lighting and Plug Load Tasks Lighting and plug loads include the electrical consuming devices in the main building with the exception of building HVAC equipment. Tables identifying printers/copiers, monitors, computers, appliances, motors, lab equipment, and light switch/contactors are included at the end of this SOW. The contractor shall perform the following lighting and plug load tasks:

1. Monitor and identify power consumption of all lighting and plug loads included in the tables at the end of this statement of work.

2. Identify office/areas where automatic light controls could be used to decrease energy use.

3. Identify fixtures that do not use T8, T5, compact fluorescent or LED lamps in fixtures.

4. Identify lighting efficiency of the different types of recessed fixture types used throughout the building.

5. Monitor and measure general lighting levels in building spaces.

6. Monitor and measure lighting levels at approximately 10% of the desks/offices in each of the following areas:

a. Second floor

b. First floor.

c. GeoTech

d. Lab

7. Calculate building heat load added by lighting and plug loads.

EMS/HVAC Controls Tasks Building EMS/HVAC Controls include the building centralized HVAC monitoring and control system, RTU thermostats in GeoTech and the Materials Lab, controls used to start and stop shop equipment, and controls used to start and stop Materials Lab equipment. The existing energy management system is an Andover Continuum based system. The contractor shall perform the following EMS/HVAC Controls tasks:

1. Monitor and identify set points and schedules of all thermostats and temperature control devices.

2. Monitor and identify set points and operation of economizers on RTUs.

3. Monitor and identify sequence of operation of all equipment interfaced to the building EMS control system.

4. Monitor and identify set points and sequence of operation on all HVAC system VFDs.

5. Monitor and verify that placement of system sensors (temp, press, flow) optimizes EMS operations.

HVAC Systems

DTFH7014Q00056 Page 4 Building HVAC Systems include the building centralized HVAC system and RTUs. The centralized HVAC system provides environmental conditioning for the main building first and second floors. RTUs provide environmental conditioning for GeoTech and the Materials Lab areas. The centralized HVAC system includes a cooling tower, natural gas boilers, ceiling mounted water source heat pumps (WSHP), roof mounted air handlers and exhaust fans, pumps and fans, water chemistry system, supply and return ducting, and miscellaneous smaller support components. RTUs include 3 newer gas pack units, heat pumps, and A/C units with supplemental electric heat. The contractor shall perform the following HVAC Systems tasks:

1. Monitor and identify material condition all HVAC units listed in table at end of this Statement of Work.

2. Measure current draw on

3. Monitor effectiveness of clean filter program in air handlers, RTUs, and at least 25% of the office WSHPs.

4. Monitor performance of drip pans and condensate drains on RTUs and at least 25% of the office WSHPs.

5. Monitor effectiveness of the HVAC water chemistry programs.

6. Review system and component data for accessibility, accuracy, and completeness.

Potable and Irrigation Water Systems Tasks Building water systems include exterior (irrigation and hose bibs) and interior (potable) water systems. The contractor shall perform the following potable and irrigation water systems tasks:

1. Monitor potable and irrigation systems for drips and leaks.

2. Monitor potable water system heaters for efficiency.

3. Monitor potable and irrigation systems for water conservation efficiency.

Provided by the Government The following items will be provided by the Government to support this project:

1. Routine access to the facility M‐F from 0730 to 1530. Other access as arranged with COR.

2. Building drawing files in AutoCAD or MicroStation format as requested by contractor and available to WFLHD.

3. HVAC System Information

4. Staging area for tools and materials in the WFLHD shop or warehouse area.

Information Required with Quote Package Contractors must be registered in www.SAM.gov prior to award, and in responding to the WFLHD Retro‐commissioning Request for Quote (RFQ) shall provide the following in their submittal package:

1. A portfolio containing a minimum of three contractor projects within the last five years where the contractor was responsible for performing retro‐commissioning activities and development of retro‐commissioning recommendations. Portfolio to include the name and title of key contractor personnel associated with each project.

2. Name, telephone number, email address, and title of one customer contact from each of three retro‐ commissioning projects completed by the contractor. The Government will contact the identified individual to obtain a contractor performance evaluation.

3. Qualifications of contractor project manager proposed by the contractor to manage the contractor’s project.

4. Qualifications of any sub‐contractor the contractor intends to use to support project work.

5. Expected schedule including major milestones.

6. Sample report from a previously performed retro‐commissioning project.

7. Price

8. Completed Provision 52.212‐3 or statement confirming that the provision is completed and up to date on www.SAM.Gov.

Evaluation Criteria Responses to the request for quote will be evaluated using a best value to the Government evaluation. The following criteria will be included in the evaluation.

1. Price.

2. Previous experience with similar projects as supported by the contractor’s provided portfolio.

3. Past contractor performance information.

4. Qualification and experience of contractor project manager and other contractor key personnel.

DTFH7014Q00056 Page 5

DTFH7014Q00056 Page 6

IT Plug Load Equipment

Equipment Type Qty

Dell Optiplex 7010 19

Dell Optiplex 780 5

Dell Optiplex 790 19

Dell Optiplex 9010 12

Dell Optiplex 980 13

Dell Latitude E4310 6

Dell Latitude E6320 36

Dell Latitude E6330 28

Dell Latitude E6510 16

Dell Latitude E6520 34

Dell Latitude E6530 19

Dell Latitude E6430 1

Dell 1908 FP Display 34

Samsung 204B Display 7

Lenovo L2240P Display 19

Dell P190S Display 80

Dell P2412H Display 74

Dell U2410 Display 35

Dell U2413 Display 14

Printer HP 1020 2

Printer Inkjet C11C387011 1

Printer, Laserjet C4224A 2

Printer, InkJet C8124A 1

Printer, InkJet C8154A 1

Printer, LaserJet CB9685A 2

Printer, LaserJet CB367A 5

Printer CB411AQ 5

Printer H470 2

Printer HP1200 3

Printer, Inkjet HP1218 1

Printer, LaserJet 5 1

Pinter, LaserJet 4 1

Printer, LX‐300+ 1

Printer, OfficeJet Pro 8600 2

Printer, LaserJet P1606 4

Printer, InkJet 1215 1

Printer, Laserjet Pro 3800 1

Printer, LaserJet Q1336A 3

Printer Q1342A 1

Printer Color LaserJet Q3716A 5

Printer, LaserJet Q3723A 2

Printer, LaserJet Q5927A 1

Printer, LaserJet Q5933A 3

Printer, InkJet Stylus Pro 7890 1

Printer, TCS 500 1

Copier, Konica Minolta 350 1

Copier, Konica Minolta 920 pro 1

Copier, Konica Minolta C20 2

DTFH7014Q00056 Page 7

Copier, Konica Minolta C253 1

Copier, Konica Minolta C353 1

Copier, Kyocera C1020mfp 1

Copier, Kyocera TASKalfa 300i 3

Copier, Kyocera KM2550 3

Copier, Kyocera KM2560 1

Copier, Kyocera TASKalfa 4550ci 2

Copier, Kyocera TASKalfa 3550ci 1

Copier, Xerox 7845 1

Copier, Xerox WCP 3545 1

IBM V7000 (storage Array) 1

IBM DS4300 (storage array) 1

Server: Dell PowerEdge R210 3

Server: IBM xSeries 345 5

Server: IBM x3650 15

Server: HP Prolient DL360 1

Server: Sun Sunfire V210 8

Server: Sun Sunfire V2406

Server: Sun M3000 4

Switch: Cisco Catalyst 4507R 1

Switch: Cisco 3560E 6

Switch: Cisco 3750X 9

Switch: Cisco 3750 5

Switch: Nortel Baystack 450 17

Router: Cisco 3800 Series 1

Router: Cisco 2600 Series 2

Router: Cisco 2800 Series 2

SL500 Jukebox 1

Cisco ASA 5510 Security Applicance 1

IBM 6X4002 Intrusion Detection device 1

DTFH7014Q00056 Page 8

Materials Lab Power Consuming Equipment

Equipment Location

1600 HAFO 1600 Series Oven Soils Lab

Thermodyne Type 6000 Furnace Soils Lab

Thermodyne Type 1400 Furnace Soils Lab

Litton Microwave Oven Soils Lab

Drying Slab Prep Lab

Weston Drum Roller Prep Lab

LA Abrasion Machine Prep Lab

Gilson Shaker Prep Lab

Marie Jaw Crusher Prep Lab

Gilson Shaker Prep Lab

Mary Ann Shaker Prep Lab

Rotup Machines (2) Prep Lab

Mary Ann Shaker Prep Lab

Pulveriser Prep Lab

Red Comet Oven Agg Lab

Shaker (2) Agg Lab

Humphries Compactor Agg Lab

Cooling Bath Agg Lab

Litton Microwave Asphalt Lab

Thermodyne Ovens (2) Asphalt Lab

Shel Lab Oven Asphalt Lab

VWR Ovens (2) Asphalt Lab

Heating Baths (2) Asphalt Lab

Danby Refrigerator Asphalt Lab

VWR Refrigerator Asphalt Lab

Pine Gyratory Asphalt Lab

Outside xx Oven Asphalt Lab

Outside Core Saw Prep Lab

Vacuum System Compressor Mech Rm

Air Compressor Mech Rm

Air Dryer Mech Rm

Electric Evaporator Loft

Central Vacuum Cleaner Loft

HW Heater Loft

Dust Collector System Outside

VWR Ovens (2) Binder Lab

Cascade Tech Oven Binder Lab

Amana Microwave Binder Lab

Cooling Bath Binder Lab

Heating Bath Binder Lab

Dwyer Oven Binder Lab

James Cox Oven Binder Lab

Water Heater Binder Lab

Red Comet Oven MB Alley

DTFH7014Q00056 Page 9

Building Switched Lighting Controls – 1st Floor

Location

Mule Barn Gen Area Lighting

Binder Lab Overhead Lights

Mule Barn Bathrooms Lights and Fans

Yellowstone Room Lighting

Mule Barn East Construction Offices Lighting

Mule Barn North Construction Offices Lighting

Mule Barn Survey Office Lighting

Asphalt/Agg Lab & Office Lighting

Mule Barn Loft Lighting

Agg Lab Lighting

Prep Lab Lighting

Soils Lab Lighting

GeoTech and GeoTech Loft Lighting

South Contracts Area Lighting

North Contracts Area Lighting

Contracts Leader Office Lighting

First Aid Room Lighting

Administration Offices Lighting

Admin Services Office Lighting

TD Office Lighting

Idaho Room Lighting

1st Floor Bathrooms Lighting

Oregon Room Lighting

Alaska Rooms Lighting

IT Offices/NOC/TelEom Room Lighting

Elec Room #1 Lighting

Survey & ROW Annex Area Lighting

Phyllis Chun Office Lighting

TTP Office Lighting

Computer Programming Office Lighting

Program Planning Office Lighting

Finance/Prgm Coordination Office Lighting

Central Files Lighting

Shop Area Lighting

Warehouse Area Lighting

Engineering Apps Support Office Lighting

Building Switched Lighting Controls – 2nd Floor

Location

Design Floor Area Lighting

Engineering Annex Area Lighting

CADD Room Area Lighting

Construction Mngmt Office Lighting

Attorney Office Lighting

Jim Rathke Office Lighting

Environmental Area Lighting

DTFH7014Q00056 Page 10

Jane Treffalis Office Lighting

2nd Floor Bathrooms Lighting

Margaret’s Office Lighting

Second Floor Lighting Contactor

PM Area Lighting

PM Director Office Lighting

Howe Crockett Office Lighting

Betty Chun Office Lighting

Dan Donovan Office Lighting

Quality Coordinator Office Lighting

DE Office Lighting

Washington Room Lighting

Glacier Room Lighting

Bridge Annex Offices Lighting

Construction Manager Office Lighting

East Offices Lighting

DTFH7014Q00056 Page 11

Appliances

GE Residential Refrigerator MB Alley

Mule Barn Water Fountain MB Hallway

Whirlpool Residential Refrig N. Const Office

Microwave Ovens (3) Const Offices

Elevator HPU Motor Main Bldg

Hallway Refrigerator Elevator Mezzanine

OR Room Coffee Maker OR Room

OR Room Microwaves (2) OR Room

OR Room Refrigerator OR Room

OR Room Toaster Oven OR Room

OR Room Ice Maker OR Room

OR Room Small Fridge OR Room

OR Room Vending Machines OR Room

OR Room Change Machine OR Room

GeoTech Water Fountain GeoTech

GeoTech Water Heater GeoTech

Nancie Pruitt Personal Htr Pruitt Desk

Elizabeth Firestone Heater Firestone Desk

Primary Domestic HW Htr 2nd Floor Closet

DTFH7014Q00056 Page 12

Building HVAC Equipment

Cooling Tower Spray Pmp Bldg North

Cooling Tower Fan Bldg North

Cooling Tower Circ Pmp Bldg North

AWHP Bldg North

Lakos Mech Room

Main Circ Pmps (2) Mech Room

AHU 1 Roof East

Exh Fan 1A Roof East

AHU 2 Roof West

Exh Fan 1B Roof West

Bathroom Exh Fans Roof Various

Data Aire Unit Computer Room

2 Ton WSHPs (8) Main Bldg Various

3 Ton WSHPs (14) Main Bldg Various

4 Ton WSHPs (3) Main Bldg Various

5 Ton WSHPs (12) Main Bldg Various

6 Ton WSHPs (4) Main Bldg Various

RTU9 ‐ 10 Ton Asphalt Lab Roof

RTU 10 ‐ 5 Ton Prep Lab RooF

RTU 11 – 4 Ton Soils Lab Roof

RTU 12 – 7 Ton Agg Lab Roof

RTU 13 – 2.5 Ton GeoTech Loft

RTU 14 – 7.5 Ton GeoTech Roof

Split Unit 22A Mule Barn

Split Unit 22B Mule Barn

Split Unit 23 Mule Barn

Split Unit 24 Mule Barn

Andover EMS Shop

DTFH7014Q00056 Page 13 52.252‐1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

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

www.acquisition.gov/far

52.212‐1 Instructions to Offerors—Commercial Items.

Instructions to Offerors—Commercial Items (May 2014)(Incorporated by Reference)

52.212‐2 Evaluation—Commercial Items.

Evaluation—Commercial Items (Jan 1999)

(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:

(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 Items. (May 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision—

“Economically disadvantaged women‐owned small business (EDWOSB) concern” 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.

DTFH7014Q00056 Page 14 “Inverted domestic corporation”, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000‐9999, except—

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

DTFH7014Q00056 Page 15

(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.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran‐owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

“Women‐owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women‐owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

DTFH7014Q00056 Page 16 (b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

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

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on 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 o is, o is not a small business concern.

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

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

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

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

(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 o is,o 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 o is, o 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.

DTFH7014Q00056 Page 17

(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 o is, o 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 o is, o 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 o is a women‐owned business concern.

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

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

(i) General. The offeror represents that either—

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

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

(ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

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

(i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material 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

DTFH7014Q00056 Page 18

(ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

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

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

(i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60‐1 and 60‐ 2), or

(ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $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.

DTFH7014Q00056 Page 19

(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:

Line Item No. Country of Origin

[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:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.

DTFH7014Q00056 Page 20

[List as necessary]

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

Line Item No. Country of Origin

[List as necessary]

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

Line Item No. Country of Origin

[List as necessary]

(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:

Line Item No. Country of Origin

DTFH7014Q00056 Page 21

[List as necessary]

(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) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) o Have, o have not, within a three‐year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) o Are, o 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) o Have, o have not, within a three‐year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax

DTFH7014Q00056 Page 22 because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify…

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