RFQFA301619U0294_-Fite_Fitness_Strength_Training_Equipment_Lackland_Gillum_FC_-_amended_12_Aug_19.pdf

8/9/2019 Life Fitness Strength Training Equipment Lackland Gillum Fitness Center 1

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested. The solicitation number is FA301619U0270 and is issued as a Request for Quotation (RFQ). This combined synopsis/solicitation incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2005-92 and DFARS change notice 20161104. The NAICS code for this requirement is 339920 and the size standard is 750 employees. This is a requirement for strength training equipment as indicated below.

Life Fitness Strength Training Equipment Lackland Gillum Fitness Center

BRAND NAME OR EQUIVALENT

(The quote shall be effective for 60 days after submission of quote)

Please respond to this RFQ by emailing response to: Stephen Dimitriou at E-mail: stephen.dimitriou@us.af.mil no later than 11:00am CST, 19 August 2019 – Friday (or sooner if possible) in order to be considered timely. Please contact Stephen Dimitriou with additional questions at the above noted email address or call (210)-671-1746.

Note:

• All EQUIVALENT product offerings must meet the salient characteristics listed below in section 11 of Special Notes and Instructions

• For all EQUIVALENT products offered, follow instructions below in section 5 of Special Notes and Instructions

(Please provide a quote for the line items listed below. Failure to quote on all CLINs may render the quote unacceptable and ineligible for award consideration in the absence of discussions.)

ITEM DESCRIPTION QTY Unit Unit Price Extended Amount

MFG: Life Fitness

P/N: HS-ADC

Item: HAMMER STRENGTH SELECT

ASSIST DIP CHIN

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-LC

Item: HAMMER STRENGTH SELECT LEG

CURL

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-HG

Item: HAMMER STRENGTH SELECT HIP &

GLUTE

BRAND NAME OR EQUIVALENT

01 EA $_____________ $_____________

mailto:stephen.dimitriou@us.af.mil

8/9/2019 Life Fitness Strength Training Equipment Lackland Gillum Fitness Center 2

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

MFG: Life Fitness

P/N: HS-HAD

Item: HAMMER STRENGTH SELECT HIP

ADDUCTION

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-HAB

Item: HAMMER STRENGTH SELECT HIP

ABDUCTION

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-LE

Item: HAMMER STRENGTH SELECT LEG

EXTENSION

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-SLC

Item: HAMMER STRENGTH SELECT

SEATED LEG CURL

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-HC

Item: HAMMER STRENGTH SELECT

HORIZONTAL CALF

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

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MFG: Life Fitness

P/N: HS-SLP

Item: HAMMER STRENGTH SELECT

SEATED LEG PRESS

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-FLY

Item: HAMMER STRENGTH SELECT

FLY/REAR DELT

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-CP

Item: HAMMER STRENGTH SELECT

CHEST PRESS

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-TE

Item: HAMMER STRENGTH SELECT

TRICEPS EXTENSION

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-BC

Item: HAMMER STRENGTH SELECT

BICEPS CURL

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-LR

Item: HAMMER STRENGTH SELECT

LATERAL RAISE

BRAND NAME OR EQUIVALENT

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SELECTORIZED STRENGTH

MACHINES

MFG: Life Fitness

P/N: HS-BE

Item: HAMMER STRENGTH SELECT

BACK EXTENSION

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-ABC

Item: HAMMER STRENGTH SELECT

ABDOMINAL CRUNCH

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-SP

Item: HAMMER STRENGTH SELECT

SHOULDER PRESS

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-FPD

Item: HAMMER STRENGTH SELECT

FIXED PULL DOWN

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-RW

Item: HAMMER STRENGTH SELECT ROW

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY:

SELECTORIZED STRENGTH

MACHINES

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HS-PD

Item: HAMMER STRENGTH SELECT

PULLDOWN

BRAND NAME OR EQUIVALENT

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SELECTORIZED STRENGTH

MACHINES

MFG: Life Fitness

P/N: FW-FB

Item: HAMMER STRENGTH FLAT BENCH

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY: FREE WEIGHT

EQUIPMENT

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: FW-AC

Item: HAMMER STRENGTH SEATED ARM

CURL

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY: FREE WEIGHT

EQUIPMENT

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: BW-BE

Item: HAMMER STRENGTH BACK

EXTENSION

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY: FREE WEIGHT

EQUIPMENT

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: INXDX

Item: INTEGRITY DX CROSS-TRAINER

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY: ELLIPTICALS

04 EA $_____________ $_____________

MFG: Life Fitness

P/N: JACOBS LADDER

Item: JACOBS LADDER

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY: STAIR

CLIMBING MACHINES/STEPPERS

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HDT-MAB

Item: HD ATHLETIC MULTI-ADJUSTABLE

BENCH

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY: FREE WEIGHT

EQUIPMENT

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MFG: Life Fitness

P/N: CRATF

Item: Cybex R-Series Total Body Arc Trainer 50L – Cybex R-Series

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY: ELLIPTICALS

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: IL-BP

Item: HAMMER STRENGTH ISO-LATERAL

BENCH PRESS

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY: FREE WEIGHT

EQUIPMENT

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: ILIPH

Item: ISO-LATERAL INCLINE PRESS

HORIZONTAL

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY: FREE WEIGHT

EQUIPMENT

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: IL-LR

Item: HAMMER STRENGTH ISO-LATERAL

LOW ROW

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY: FREE WEIGHT

EQUIPMENT

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: PL-BI

Item: HAMMER STRENGTH PLATE

LOADED SEATED BICEP

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY: FREE WEIGHT

EQUIPMENT

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: PL-VSQ

Item: HAMMER STRENGTH PLATE

LOADED V-SQUAT

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY: FREE WEIGHT

EQUIPMENT

01 EA $_____________ $_____________

MFG: Life Fitness

P/N: HDT-PR

8/9/2019 Life Fitness Strength Training Equipment Lackland Gillum Fitness Center 7

Item: HD ATHLETIC POWER RACK -

MONKEY BAR/HD ATHLETIC 42IN

THICK/SKINNY BAR

P/N: HDT-XM42-TYPE1-M

B Item: HD ATHLETIC 42IN MONKEY BAR

P/N: HDT-XM42-TYPE2-T

S Item: HD ATHLETIC 42IN THICK/SKINNY

BAR

ALL THREE(3) ITEMS LISTED MUST BE

PRICED AS PART OF THIS LINE ITEM

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY: FREE WEIGHT

EQUIPMENT

MFG: Life Fitness

P/N: AT-PF2

P/N: PW2-4X8-0101

Item: 4X8 PLATFORM, NO LOGO

P/N: ATST-PR-INS

Item: AT/ST POWER RACK INSERT

P/N: PW2-RAMP-0101

PREMIUM WOOD PLATFORM RAMP

ALL FOUR(4) ITEMS LISTED MUST BE

PRICED AS PART OF THIS LINE ITEM

BRAND NAME OR EQUIVALENT

PRODUCT CATEGORY: FREE WEIGHT

EQUIPMENT

TOTAL COST $___________

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Please provide the information below:

FOB Destination Shipping Cost Included?

Yes

No

Payment Terms Delivery Date

Company Name:

DUNS #

Required Cage Code Number:

POC:

Telephone #

E-Mail Address:

Tax ID#:

Warranty Information:____________________________________________________

Do you have capacity to invoice electronically through WAWF?(Yes/No)___________

Special Notes and Instructions:

1. This is a notice that this order is a total set-aside for 100% small business. Only quotes submitted by small businesses will be accepted by the Government. Any quote that is submitted by a contractor that is not a small business will not be considered for award.

2. Basis for Award. 502d CONS/JBKAB will issue a purchase order to the vendor who is determined to offer the best value to the Government.

3. Best Value Determination. The technically acceptable, lowest priced quote will be determined to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the technical criteria that is contained in the solicited item description. If the lowest priced submission does not meet the technical criteria described in the solicited item description, the government reserves the right to evaluate the next lowest priced submissions until it has determined a technically acceptable submission. The evaluation will stop at the point when the government determines an offeror to be technically acceptable with the lowest evaluated price, because that offer will represent the best value. Contingent upon a determination of contractor responsibility, award will be made to that offeror without further evaluation of other offers. Award will be made to the responsible vendor whose quote is the lowest evaluated price among technically acceptable quotes.

4. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/portal/public/SAM/ and provide mandatory information.

5. Brand Name or Equivalent. When using an “Equivalent product” to substitute the requested brand name product, the contractor must include the following: (1) MFG name, (2) Part Number, (3) illustrations, and (4) literature or description to support equal product substitution in your RFQ submission. Details of the requesting product to fulfill requirement must be met. See Salient characteristics below.

6. Notice to Offeror. Awaiting funds. Funds are not presently available for this requirement. No award will be made until funds are available to make payments under a contract. The Government reserves the right to cancel this purchase request, either before or after suspense date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. The contractor shall not request, nor will the Government make, payments for any preliminary measurement, quotes, bids, site visit, time or proposal cost incurred.

https://www.sam.gov/portal/public/SAM/

8/9/2019 Life Fitness Strength Training Equipment Lackland Gillum Fitness Center 9

7. Delivery/Assembly: Delivery shall be FOB Destination unless otherwise and clearly indicated by offeror in submitted offer. The items must be fully assembled and ready for use upon completion of installation.

8. Site Maintenance: Work areas shall be maintained in a neat, clean, safe condition and all trash, debris, and garbage, which the contractor generates shall be removed from the premises upon completion and delivery, or daily if the completion/delivery will be completed in more than one day.

9. Disposal of Unused product at the end of project: Delivery shall include removal of packing materials from the installation. All trash removed from the worksite shall be disposed on in accordance with state laws, and packaging and other recyclable materials shall be recycled wherever possible.

10. Completion of Work: The Contractor shall ensure that work for this project is performed in accordance with the criteria herein, and that all items/products in the description shall be fully operational at the completion of work for this project.

All surfaces shall be cleaned, and floors shall be swept and/or mopped.

11. Salient characteristics: Equivalent offers must meet the below salient characteristics to be considered an equivalent.

Failure to meet the below characteristics renders the quote as unacceptable.

PRODUCT CATEGORY: SELECTORIZED STRENGTH MACHINES

BIOMECHANICAL AND ERGONOMIC ACCURACY

1. Provides easily identifiable adjustment points for manual adjustment that effectively accommodate users of various size and stature.

2. Primary contact points are constructed at a minimum of high density foam that is self-adjusting.

3. Each piece must display easy-to-follow instructions illustrate proper use and muscles trained.

4. Axis of rotation has clearly marked indicator to help cue correct alignment.

STRUCTURAL DURABILITY

1. Body construction of primary support frame is no less than 11 gauge steel

2. Body must be electro statically powder coated.

3. Any footplates must be non-slip.

4. Weight stack pins must be made of steel, warranted and constructed of steel.

5. Any cables or belts must be rated to no less than 1,800lbs.

6. Contoured cushions are made of molded foam for superior comfort and durability.

7. Top weight plate is fitted with self-lubricating bushings.

OPERATION REQUIREMENTS

1. Approved for Heavy Commercial Use

2. Allows the user to complete full range of intended movement without weight stack limitations or “topping out”.

3. Weight stacks must be incremental and (based on the exercise) allow for controlled and gradual progression.

4. Cable or belt travel must allow full range of movement.

5. Weight stack must be enclosed to the greatest extent possible to limit injuries.

PRODUCT CATEGORY: FREE WEIGHT EQUIPMENT

STRUCTURAL DURABILITY

1. Upholstery must be extra heavy duty Uniroyal Naugahyde, anti-static, oil and mildew resistant and washable.

Upholstery must be placed over a minimum of 3/4 inch thick plywood and double stitched with nylon thread and attached to upholstery.

2. Frame must be a minimum of 2” 11 gauge steel tubing

3. Frame must be powdered coated, electro statically applied.

4. Storage horns must be able to store Olympic Plates, measure 7 ¼” and must provide a safety pin to hold weight plates in place.

OPERATION REQUIREMENTS

1. Approved for Heavy Commercial Use

LIFTING PLATFORMS:

FEATURES

1. Platform must be multi-layer construction.

2. Platform must have polyurethane finish.

3. Wood must be solid red oak center.

4. Platform has rubber surface.

5. Platform must allow for custom logo.

6. Platform size should be 8x6.

7. Platform must allow for optional rack insert.

The free weight weights and bars line shall include the following pieces: Weight Plates (2.5, 5, 10, 25, 35, 45 lbs.), Dumbbell Sets (5-50, 55-100, 105-125, and 130-150 lbs.), Olympic Bumper Plates (25, 35, 45 lbs.), Olympic Bars (5’ Straight, 5’ EZ Curl, 7’ Straight), Safety Collars, Kettlebell Set (10-45 lbs.), Fixed Barbell Sets (Straight 20-110 lbs., EZ Curl 20-110 lbs.).

WEIGHT PLATES:

FEATURES

1. Urethane weight plates must be durable, and will not split, peel, or delaminate from the insert.

2. Must be a twelve (12) sided anti-roll design.

3. Must have two (2) outer openings designed specifically for lifting plate in a safe, comfortable manner.

4. Center hole diameter will accommodate Olympic and training bars.

5. Must be sold in the following weights: 2.5 lbs., 5 lbs., 10 lbs., 25 lbs., 35 lbs., and 45 lbs.

DUMBBELLS:

FEATURES

1. Urethane dumbbells must be built by encapsulating a welded-steel insert in double urethane that will never split, peel or delaminate from the insert.

2. Urethane-encased heads won’t scuff or damage equipment walls or floors.

3. Must be twelve (12) sided anti-roll design.

4. Must be available in increments of five (5) pounds and start at five (5) pounds.

5. Must be sold in the following sets: 5-50 lbs., 55-100 lbs., 105-125 lbs., and 130-150 lbs.

OLYMPIC BUMPER PLATES:

1. Rubber tested to withstand over 30,000 drops.

2. Must have a steel hub.

3. Plates must be engineered so that when dropped there is little bounce.

4. Plates must be free from offensive odors.

5. Center hole diameter will accommodate Olympic and training bars.

6. Must be available in the following weights: 25 lbs., 35 lbs., and 45 lbs.

OLYMPIC BARS:

FEATURES

1. Minimum yield of approx. 195,000 P.S.I.

2. Bar is approximately 25 lbs (5’) and 45 lbs (7’).

3. Bar must be calibrated to be accurate to within +0.01% and -0.05%.

4. Sleeve diameter must accommodate 2” Olympic plates.

5. Loadable Sleeve Length of 16.25”.

6. Designed for Olympic style movements.

7. Available in 5’ Straight, 5’ EZ Curl, 7’ Straight

SAFETY COLLARS:

1. Lever/Cam type lock for security.

2. Collar pair must not weigh more than 2.5 lbs.

3. Must fit seamlessly with standard Olympic bars to secure bumper and weight plates.

KETTLEBELLS:

FEATURES

1. Kettlebells must be of cast iron or professional grade.

2. Kettlebell weights must range from approx. 10 lbs to 45 lbs (in 5 lb increments).

3. Kettlebell must have seamless construction with no rigid on the handle

4. Weight must be clearly displayed on kettlebell

5. Designed to withstand being dropped without damage to kettlebell

FIXED BARBELL SETS:

FEATURES

1. Urethane barbells must be built by encapsulating a welded-steel insert in double urethane that will never split, peel or delaminate from the insert.

2. Urethane-encased heads won’t scuff or damage equipment walls or floors.

3. Must be twelve (12) sided anti-roll design.

4. Must be available in increments of ten (10) pounds and start at twenty (20) pounds.

5. Must be sold in the following sets: Straight Bar: 20-110 lbs & EZ Curl Bar: 20-110 lbs

PRODUCT CATEGORY: ELLIPTICALS

BIOMECHANICAL AND ERGONOMIC ACCURACY

1. Stride length designed to adapt to the natural gait of the user or a stride length of at least 20".

2. Ergonomically correct handlebars, controls within normal (arm swing for units with moving handlebars) reach while operating. Controls are located so that reprogramming can take place without changing the biomechanics of running

3. Distribution of effort (primary energy expense) can fluctuate at the user's convenience between foot pedals and/or handlebars.

4. Motion allows for the heel of the users foot to remain in contact with the foot pedal and foot to remain under knee throughout the motion.

STRUCTURAL DURABILITY

1. Body must be coated or constructed of material to prevent rust.

2. Any footplates must be non-slip.

3. Fully operation capable with maximum user weight of at least 400 lbs. Bearings must be sealed

OPERATION REQUIREMENTS

1. FCC Class A, regulatory Compliance, approved for heavy commercial use.

2. Power: Self-powered and brings power to console when user begins pedaling.

3. 16” Display Readout shall display at a minimum: elapsed time, total calories burned, watts, workout profile, resistance level, speed, and distance covered.

4. On-the-fly-programming, quick start, time, distance, calories, manual, random, plus interval workouts or a minimum of 4 workout programs.

1.

PRODUCT CATEGORY: STAIR CLIMBING MACHINES/STEPPERS

BIOMECHANICAL AND ERGONOMIC ACCURACY

1. Stair step height is a minimum of at least 10".

2. Handrails on side and front with thumb speed controls.

STRUCTURAL DURABILITY

1. Body must be coated or constructed of material to prevent rust.

2. Any footplates must be non-slip.

3. Fully operation capable with maximum user weight of at least 400 lbs.

OPERATION REQUIREMENTS

1. FCC Class A, regulatory Compliance, approved for heavy commercial use.

2. 16” integrated LCD touchscreen Display Readout shall display at a minimum: elapsed time, total calories burned, workout profile, resistance level, speed, floors/ascent, heart rate, and distance covered.

3. On-the-fly-programming, quick start, time, distance, calories, manual, random, plus interval workouts or a minimum of 4 workout programs.

12. The following FAR/DFARS provisions and clauses are applicable to this solicitation:

(For full text references, go to www.arnet.gov or http://farsite.hill.af.mil.)

52.204-7 System for Award Management (Oct 2018) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (Nov 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.211-17 Delivery of Excess Quantities (Sep 1989) 52.212-1 Instructions to Offerors-Commercial Items (Oct 2018) 52.212-2 Evaluation -- Commercial Items (Oct 2014) 52.212-4 Contract Terms and Conditions—Commercial Items (Oct 2018) 52-219-6 Notice of Small Business Set-Aside (Nov 2011) 52.219-13 Notice of Set-Aside of Orders (Nov 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor – Cooperation With Authorities and Remedies (Jan 2018) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-1 Buy American- Supplies (May 2014) 52.225-13 Restrictions on Certain Foreign Purchase (Jun 2008) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. (Aug 2018) 52.232-23 Assignment of Claims (May 2014) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Contractors (Dec 2013) 52.233-1 Disputes (May 2014) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.247-34 F.O.B. – Destination 52.252-1 Solicitation Provisions Incorporated By Reference (Feb 1998) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002 Requirements to Inform Employees of Whistleblower Rights 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) 252.225-7001 Buy American and Balance of Payments Program—Basic (Dec 2017) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) 252.232-7010 Levies on Contract Payments (Dec 2006) 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (Nov 2012)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--http://www.arnet.gov/ http://farsite.hill.af.mil/

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-3 Offeror Representations And Certifications--Commercial Items -Alternate I (Oct 2018)

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 located at https://www.sam.gov/portal .

If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

https://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

http://www.osha.gov/dcsp/osp/approved_state_plans.html

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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.

“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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(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 SAMwebsite.

(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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is 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.

https://www.acquisition.gov/

(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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(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…