Amendment_5_RFQ_Band_Sound_17_August_2016.pdf
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- Attached to
- Band Sound Components. Federal contract opportunity
- Solicitation number
- FA3016-16-N-0099
About this file
Amendment 5 RFQ Band Sound 17 August 2016
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Cover_Sheet_for_Amendment_5.pdf | ||
| PWS_Band_Sound_17_August_2016.pdf | ||
| Revised_PWS_25_July_2016.pdf | ||
| Amendment_4_RFQ_Band_Sound_29_July_2016.pdf | ||
| Amendment_4_-_Responses_to_Questions.pdf | ||
| Amendment_3_RFQ_Band_Sound_21_July_2016.pdf | ||
| Amendment__3_Band_Sound.pdf | ||
| Amendment_2_RFQ_Band_Sound_07_July_2016.pdf | ||
| Cover_Sheet_for_Amendment_1_Band_Sound.pdf | ||
| Amendment_1_RFQ_Band_Sound_22_June_2016.pdf | ||
| Revised_1_PWS_Band_Sound_22_June_2016.pdf | ||
| Floor_Plan_and_Design_Layout.pdf | ||
| PWS_Band_Sound_03_June_2016.pdf | ||
| MAP-GatewayChapel-LAK.pdf | ||
| RFQ_Band_Sound.pdf |
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Text version
502d Contracting Squadron
Combined Synopsis/Solicitation
Band Sound Components
FA3016-16-N-0099
JBSA-Fort Sam Houston, TX 78234
AMENDMENT #5
1. Solicitation: This requirement is for Brand Name or Equal items. Solicitation FA3016-16-N-0099, is issued as a
Request for Quote (RFQ) IAW Far Subpart 12.6 as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. This RFQ will be conducted as commercial simplified acquisition in accordance with FAR Parts 12 and 13. This is a brand name or equal, full and open solicitation, for commercial items and is issued in accordance with (IAW) the additional information included in this notice. This solicitation incorporates provisions and clauses in effect through Federal Acquisition
Circular (FAC), No. 2005-88, Effective 16 May 2016.
2. Description of Requirement. This requirement is for the purchase and installation of band sound components and lighting infrastructure for the Gateway Chapel, located at Lackland (Air Force Base) AFB. The existing band sound equipment no longer adequately supports the chapel services mission and requires a complete upgrade from analog to digital. The contractor shall provide all management, tools, supplies, equipment, labor, materials programming, installation (to include electrical hookups as required) and users training. The contractor shall deliver a turn-key product and perform a timely and effective system upgrade. Warranty must be provided by the contractor on all parts and labor. See Performance Work Statement, dated, 17 August 2016, for a detailed description of this requirement.
3. This requirement is for JBSA, Lackland Air Force Base and it’s in support of the 502d Air Base Wing, Chapel
Services Program. The applicable North American Industrial Classification Systems (NAICS) Code for this requirement is Code 334310, Audio and Video Equipment Manufacturing with a Size Standard of 750 Employees.
4. Schedule: Offeror is to provide a quote for the items listed below. Quote shall include the unit, extended and total prices for each of the following required products. If a contract line item number (CLIN) is not separately priced (NSP), please annotate unit price as zero (0) and place “NSP” in the total price column.
5. Instructions: All Brand Name or Equal items quoted shall be brand new, shall be unused and not remanufactured in any way. In the tables below brand names are for the purpose of describing and establishing salient characteristics desired. Detailed specifications shall be provided for each CLIN listed below. The unit price and the extended price shall be included in the table below:
Reference detailed instructions, qualifications and responsibilities listed on the PWS, dated 17
August 2016. Lead Time _____________
Table I
CLINS Description
( Nomenclature)
Salient Characteristics
For Band Sound Components
Quantity Unit Extended
Price
Signal Processor
BSS, BLU‐100, 12 x 8 Signal processor with Digital Audio Bus
(brand name or equal)
BLU-Si BLU Card
BSS, BLU‐SI, Blulink Output Card for SI series Consoles
Sound Isolation Booth
Clearsonic, Megapac‐Dark Grey, 7x8x7 Sound Isolation Booth for
Drums (brand name or equal)
Guitar Amp Isolation
Clearsonic , AmpPac11, AmpPac11 Guitar Isolation Package
Amplifier
Crown, DCI 2/1250N, 2 Channel, 1250w/channel networked amplifier with Blulink (brand name or equal)
Loudspeaker
JBL Pro, AM7212/64, 12" Two‐way full range loudspeaker
Subwoofer
JBL Pro, VRX918SP, 18 in. Powered Arrayable Subwoofer
6. Delivery, Inspection & Acceptance:
FOB: Destination
Inspection & Acceptance: Government
Delivery Terms: 75 ARO
Place of Performance: Gateway Chapel
1850 Barnes Ave, Building 6300
Lackland Air Force Base
San Antonio, TX 78234.
7. Quotation Preparation Instructions: To assure timely equitable evaluation of quotation, vendors MUST complete this document and follow the instructions contained herein. Vendor is cautioned that clauses and provisions within this request for quote may include blocks that must be completed by the offeror and submitted with its proposal.
Speaker
JBL Pro, VRX932LAP, 12 in, Two‐Way Powered Line Array
Loudspeaker
JBL Pro, VRX‐AF, Array Frame for Suspending VRX‐932LA and
VRX918S Loudspeaker (brand name or equal)
Microphone Stand
K&M, 21060 Boom Stand, Boom Microphone Stand
Boom Stand
K&M, 25900B Short Boom , Low Profile Telescoping Boom Stand
MADI Card
Soundcraft, MINI STAGEBOX 32, 32 x 12 Digital mixer with
MADI card (brand name or equal)
Digital Audio Mixer
Soundcraft, SI PERFORMER 3, Compact Digital 32 Channel
Digital Mixer for Live and theatre application with internal
DMX512 light controller (brand name or equal)
Microphone
Sennheiser, E 914, Evolution 900er series recording Instrument
Microphone (brand name or equal)
Transmitter
Sennheiser, EW 300 IEM G3, Kit include SR 300 G3 stereo transmitter, NT 2 (brand name or equal)
Receiver
Sennheiser, EW 500‐965 G3, Kit include EM 500 G3 rack‐mount receiver, GA 3 rack mount (brand name or equal)
0017 Mixer DBX, PCM16, Personal Monitor Mixer (brand name or equal) 10
Touch Control Panel
AMX, MST‐701, 7'' Modero S series G4 tabletop touch panel
Integrated Controller
AMX, NX‐2200, NetLinx NX integrated controller
Projector Screen
Draper, Inc., Clarion 137" D (72.5"x116") 16:10 MZ1000V, 137"
Diagonal 16:10 Projector Screen with ReAct MS1000V surface
Large Screen Display
NEC, E705, 70" LED backlit commercial‐grade display
Projector
Panasonic, PT‐RZ670BU, 1‐Chip DLP projector with WUXGA resolution and 6000 lumen Laser Projector (brand name or equal)
Matrix Switcher
Tekvox, MHD44TP, 4×4 HDMI matrix switcher with HD Base T outputs (brand name or equal)
0024 Miscellaneous materials, testing, Installation, and design 1
Blu-Ray Player
Denon, DBT-1713UD, Universal Disc Player (brand name or equal)
Multi-media CPU
HP Z240 SFF Workstation, Win 10 Pro 64 OS, Intel Core i5
3.2ghz processor, 8GB DDR4 Unbuffered RAM, 1TB 7200
RPM SATA HD (brand name or equal)
GRAND TOTAL FOR TABLE I
ALL INTERESTED PARTIES MUST BE REGISTERED IN THE SYSTEM FOR AWARD
MANAGEMENT (SAM) DATABASE if you are not registered, you may request an application at (866) 606-
8220 or through the SAM web site at http://www.sam.gov.
a. General Information and Quote Format must include:
Company Name
DUNS Number:
CAGE CODE:
Federal Tax ID:
Person Quoting:
Phone Number:
Email Address:
b. Primary: Secondary:
Elizabeth N. Martinez Gary D. Beck
Contract Specialist Contracting Officer
Tel: (210) 808-0221 Tel: (210) 808-6146
Email: elizabeth.n.martinez19.civ@mail.mil Email: gary.d.beck4.civ@mail.mil
ADDENDUM TO FAR 52.212-1, Instructions to Offerors - Commercial Items (Oct 2015)
1. Project Site Visit. A site visit is being offered and encouraged for interested vendors as follows:
Site Visit Date: Wednesday, 06 July 2016, Time: 3 p.m., Central Standard Time.
Vendors who are interested and who will be attending the site visit, please email elizabeth.n.martinez19.civ@mail.mil to request an application for installation access (base pass) no later than 8:00 a.m., Central Standard Time, on Thursday, 30 June 2016. Upon receiving base pass approval notification by the contracting office, the contractor(s) shall promptly pick up base passes at the visitors center to ensure site visit attendance. All vendors shall pick up base passes at Lackland AFB- Visitor's Center, which is located at 2898 Luke
Blvd, San Antonio, Texas, 78234. All contractors shall meet at the Gateway Chapel, 1850 Barnes Ave, Building
6300, Lackland AFB, San Antonio Texas 78234, on Tuesday, at 21 June 2016, at 2:00 p.m., Central Standard Time, for the site visit.
2. NOTES (2):
(1) This is the only and final site visit that will be scheduled for this project, and no exceptions will be considered.
(2) 48 hours are required to process and obtain a base pass.
(3) Contractors are highly encouraged to pick up base passes, at least two hours prior to the scheduled site visit to avoid long lines and delays at visitors center.
3. Solicitation: This Requirement is solicited and awarded, as a commercial item, under procedures of FAR Part 12, “Acquisition of Commercial Items,” and under FAR Part 13. “Simplified Acquisition Procedures.”
4. Questions:
(1) Questions regarding this RFQ shall ONLY be directed to the 502d Contracting Squadron.
(2) Questions in regards to this solicitation or the attached statement of work shall be sent in writing via e-mail to: elizabeth.n.martinez19.civ@mail.mil. and reference solicitation Band Sound Components - FA3016-16-N-
0099 in the email subject line.
(3) Questions will be accepted until 10:00 a.m. Central Standard Time, Friday, 29 July 2016.
http://www.sam.gov/ mailto:elizabeth.n.martinez19.civ@mail.mil mailto:gary.d.beck4.civ@mail.mil mailto:elizabeth.n.martinez19.civ@mail.mil
5. Quote Requirements:
(1) Quotes may be e-mailed to elizabeth.n.martinez19.civ@mail.mil
(2) Quotes are due at 10:00 A.M. Central Standard Time, Wednesday, 31 August 2016.
(3) Quotes must include unit and extended prices for all line items, Offeror Cage Code, DUNS, POC information and Discount Terms, if applicable.
(4) To be considered for this requirement, the contractor shall include all documentation listed under the section titled “Technical Experience” of the attached PWS, dated, 17 August 2016.
(4) Contractor shall invoice upon delivery of requirement by using Wide Area Workflow.
6. Attachments (3):
(1) Attachment 1-PWS, “Band Sound Components”.
(2) Floor plan and design layout.
(3) Map of Lackland Air Force Base
(End of Provision)
ADDENDUM FAR 52.212-2 Evaluation-Commercial Items (Oct 2014)
1. Evaluation Factor: The Government will employ the Lowest Price Technically Acceptable (LPTA) evaluation method for this requirement. The Government shall make a determination of technical acceptability, based upon meeting performance characteristics of services as listed on statement of work and this solicitation.
a. Price (Total) – The total price shall include the quoted price unit and extended prices to include discounts for each CLIN. The total price shall include the unit price, quantity, discount terms and total Firm-Fixed Price to be eligible for consideration of award. The quote must accurately cover all items listed in the schedule. All pricing will remain valid from the date of submission for 30 days. An offer must be made on all items in the schedule. Price will be evaluated based on LPTA.
b. Technical acceptability will be determined based on providing all aspects of the specifications (PLEASE SEE
PWS, dated, 17 Aug 2016). The government’s technical evaluation team shall evaluate the technical aspects on a pass/fail basis, assigning ratting of Acceptable or Unacceptable. Only those quotations determined to be technically acceptable will be evaluated on price. If the quotation received is determined to be unacceptable, the vendor will be excluded from competition and will not be considered for award.
TABLE 1 – TECHNICAL RATINGS
Rating Description
Acceptable Quotation clearly meets the minimum requirements of the solicitation.
Unacceptable Quotation does not clearly meet the minimum requirements of the solicitation.
2. Basis of Award: As allowed by FAR 13.106-2(b)(1), the Lowest Price Technically Acceptable (LPTA) selection process shall be applied, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS) and the Air Force Federal Acquisition Regulation Supplement (AFFARS). A single award will be made to the responsive vendor meeting or exceeding the acceptability standards for non-cost factors and whose quotation represents the Best Value to the Government that reflects a complete understanding of the specifications of the requirement. The Government shall make a determination of technical acceptability, based upon meeting the statement of work of the attached schedule. Technical Capability shall be evaluated on an “Acceptable” or
“Unacceptable” basis. Only those quotations determined to be technically acceptable will be evaluated on price.
Any non-priced factor evaluated as “Unacceptable” will render an offeror’s entire quotation unacceptable and the vendor will be excluded for competition and will not be considered for award. Quotations should contain the offeror's best terms on a price and technical capability standpoint.
Provisions and Clauses
The following clauses and provisions are applicable to this RFQ and can be viewed through internet access at the
Federal Acquisition Regulation (FAR) Site, http://farsite.hill.af.mil:
Provisions and Clauses by Reference:
FAR 52.204-7, System for Award Management (Jul 2013)
FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015)
FAR 52.204-13, System for Award Management Maintenance (Jul 2013)
FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul 2015)
FAR 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2015)
FAR 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014)
FAR 52.209-6, Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment (Oct 2015)
FAR 52.211-6, Brand Name or Equal (Aug 1999)
FAR 52.212-1, Instructions to Offerors - Commercial Items (Oct 2015)
FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items (Apr 2016)
FAR 52.212-4, Contract Terms and Conditions – Commercial Items (May 2015)
FAR 52.219-28, Post Award Small Business Program Representation (Jul 2013)
FAR 52.222-3, Convict Labor (June 2003)
FAR 52.222-19, Child Labor—Cooperation With Authorities and Remedies (Feb 2016)
FAR 52.232-1, Payments, (Apr 1984)
FAR 52.223-6, Drug-Free Workplace (May 2001)
FAR 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007)
FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)
FAR 52.228-5, Insurance -- Work on a Government Installation
FAR 52.232-8, Discounts for Prompt Payment, (Feb 2002)
FAR 52.232-11, Extras (Apr 1984)
FAR 52.232-23, Assignment of Claims (May 2014)
FAR 52.232-33, Payments by Electronic Funds Transfer-System for Award Management (July 2013)
FAR 52.232-39, Unenforceability of Unauthorized Obligations (June 2013)
FAR 52.233-1, Disputes, (May 2014)
FAR 52.233-3, Protest after Award (Aug. 1996)
FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)
FAR 52.247-34, FOB Destination (Nov 1991)
DFARS 252.203-7000, Requirement Relating to Compensation of Former DOD Officials (Sep 2011)
DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sept 2013)
DFARS 252.204-7003, Control of Government Personnel Work Product (Dec 2012)
DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information (Dec 2015)
DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (May 2016)
DFARS 252.211-7003, Item Unique Identification and Valuation (Dec 2013)
DFARS 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (Sep 2014)
DFARS 252.225-7001, Buy American Act and Balance Of Payments Program (Nov 2014)
DFARS 252.225-7048, Export-Controlled Items (June 2013)
DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (June 2012)
DFARS 252.232-7010, Levies on Contract Payments (Dec 2006)
DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (June 2013)
DFARS 252.244-7000, Subcontracts for Commercial Items and Commercial Components (Jun 2013)
Provisions and Clauses by Full Text
52.212-3 -- Offeror Representations and Certifications (Apr 2016)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.
http://farsite.hill.af.mil/ http://www.acquisition.gov/
(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.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic
Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;
and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“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 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.
(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 https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation
(including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) 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.]
https://www.acquisition.gov/
(c) Offerors must complete the following representations when the resulting contract is to be performed in the
United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [_] is, [_] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror 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.
(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) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and
(ii) It [_] has, [_] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of
Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB
Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy
American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and
“United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”
(2) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at
FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrain, 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 Bahrain, 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 Bahrain, Moroccan, Omani, Panamanian, or Peruvian End
Products) or Israeli End Products:
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy
American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR
Part 25.
(2) Buy American—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.:
[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:
(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 Bahrain, 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 Bahrain, Korean, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR
Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--
(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract;
violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds $3,000 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 appear rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. 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.
(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 Product
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 to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—
(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) [_] Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that—
(i) The items of equipment to be serviced under this contract are used regularly for other than
Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that—
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies—
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting
Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.
(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26
U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service
(IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.
(3) Taxpayer Identification Number (TIN).
[_] TIN: _____________________.
[_] TIN has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt);
[_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR 1.6049-4;
[_] Other ____________________.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent:
[_] Name and TIN of common parent:
Name ____________________________________
TIN ______________________________________
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations—
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(2) Representation. By submission of its offer, the offeror represents that—
(i) It is not an inverted domestic corporation; and
(ii) It is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email…
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