Steel_Stud_and_Hardware_CSS.pdf
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- Stud, Steel and Hardware Supply Federal contract opportunity
- Solicitation number
- FA8126-17-Q-0023
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This is a combined synopsis/solicitation for the procurement of steel, studs and associated hardware.
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On 17 January 2017, the Air Force issues a Request for Quotation (RFQ), FA8126-17-Q-0023, for commercial items to be delivered to Oklahoma City Air Logistics Center (AFSC/PZIMB) located at Tinker AFB, Oklahoma,73145. This requirement is for Steel and Studs; Federal Supply Code (FSC) 9640.
This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular date 16 May 2016.
THIS PROCUREMENT IS A 100% SMALL BUSINESS SET ASIDE associated with NAICS code 331110 with a small business size standard of 1,500 employees.
Proposal Submission Information:
The contractor is required to sign this document and return 1 copy to the issuing office. The contractor is subject to the terms and conditions specified herein and agrees to provide all commodities set forth or otherwise identified on the following pages and attachments.
Proposals are due by 01 February 2017, 2:00 P.M. Central Standard Time (CST). The following individual is the Point of Contact (POC) regarding this solicitation:
Amanda McGovern Contract Specialist Amanda.McGovern.1@us.af.mil
(405) 582-5779
Evaluation of Responses:
Award will be conducted and evaluated under the provisions of FAR Part 12, Commercial Items and FAR Part 13, Simplified Acquisition Procedures.
Responsible sources must be registered in System for Award Management (SAM) database (available at: https://www.sam.gov/portal/public/SAM). Lack of registration in SAM will render an offeror ineligible for award.
The Government plans to award a single contract for Steel, Studs and Supplementary Hardware.
This source selection will utilize Lowest Priced Technically Acceptable (LPTA) source selection procedures. Contract award will be made to the offeror who is technically acceptable with the lowest evaluated price.
Factor 1 Technical- The offeror’s quote will be evaluated based on their ability to provide all material that meets each CLIN’s description and quantity as defined in the solicitation.
mailto:Amanda.McGovern.1@us.af.mil https://www.sam.gov/portal/public/SAM
Factor 2 Price-The offeror’s quote will be evaluated for reasonableness. Note that unrealistically low or high proposed quotes may be grounds for eliminating a proposal from competition either on the basis that the offeror does not understand the requirement or has submitted an unrealistic proposal.
Offerors are required to meet all solicitation requirements such as representations and certifications and technical requirements, in addition to those identified as evaluation factors.
Offerors must clearly identify any exception to the solicitation and provide complete accompanying rationale. The offeror’s commercial terms and conditions and warranty must be submitted with their quote.
RESPONSE PAGE
RETURN THIS PAGE WITH THE COMPLETED INFORMATION AND AUTHORIZED SIGNATURE
1. OFFEROR INFORMATION
BUSINESS NAME:
STREET ADDRESS: CITY, STATE, ZIP:
CAGE CODE and DUNS:
BUSINESS WEB ADDRESS:
CONTACT PERSON:
TELEPHONE: FAX:
E-MAIL:
2. Supplies/Services and Prices/Costs
SEE ATTACHEMENT A FOR CLINS AND THEIR DESCRIPTIONS. PROVIDE ALL PRICING ON THE
ATTACHMENT AND TRANSFER THE TOTAL PRICE BELOW.
Total Proposed Price for all CLINs: $
DISCOUNT TERMS:
NET 30 or _% IN DAYS
DAYS REQUIRED FOR DELIVERY:
3. Certification of Response
Offeror’s Authorized Representative's Signature Date
Type or Print Name Position or Title
Contractor is Required to sign this document and return 1 copy to issuing office. Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.
FA8126-17-Q-0023
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
0001 880 Each
0002 145 Each
Section SF 1449 - CONTINUATION SHEET
AMOUNT
600S162-33 Stud: Length: 13' 1-3/8", Siz
FFP
600S162-33 Stud: Length: 13' 1-3/8", Size: 6", 20 Gauge FOB: Destination
PURCHASE REQUEST NUMBER: F3YCEB6337A001
NET AMT
600T200-33 Track: Length: 10', Size: 6", 600T200-33 Track: Length: 10', Size: 6", 20 Gauge
0003 20 Each
0004 40 Each
0005 20 Each
600T200-54 Track: Length: 10", Size: 6", 600T200-54 Track: Length: 10", Size: 6", 16 Gauge
600S200-54 Stud: Length: 10', Size: 6", 600S200-54 Stud: Length: 10', Size: 6", 16 Gauge
400T162-33 Track: Length: 10', Size: 4", 400T162-33 Track: Length: 10', Size: 4", 20 Gauge
0006 30 Each
0007 60 Each
0008 175 Each
400S162-33 Stud: Length: 10', Size: 4", 400S162-33 Stud: Length: 10', Size: 4", 20 Gauge
1400S200-97 Joist: Length: 21' 6-7/16", 1400S200-97 Joist: Length: 21' 6-7/16", Size: 14", 12 Gauge
1400S200-97 Joist: Length: 21' 5-15/16", 1400S200-97 Joist: Length: 21' 5-15/16", Size: 14", 12 Gauge
0009 85 Each
0010 85 Each
0011 7 Each
1400S200-97 Joist: Length: 20' 2-7/16", 1400S200-97 Joist: Length: 20' 2-7/16", Size: 14", 12 Gauge
1400S200-97 Joist: Length: 22' 1-3/4", S
1400S200-97 Joist: Length: 22' 1-3/4", Size: 14", 12 Gauge
Wide Flange T-Beam: Size: WT 6 x 26.5, L
Wide Flange T-Beam: Size: WT 6 x 26.5, Length: 20', Grade: A36
0012 125 Each
0013 1 Each
Galvanized Sheet: Size: 4' x 8', Gauge:
Galvanized Sheet: Size: 4' x 8', Gauge: 24, Grade: G90
Expanded Metal: Size: 1/2 x 16, Dimensio
Expanded Metal: Size: 1/2 x 16, Dimension: 4' x 8', Grade: A36
0014 4 Each
0015 6 Each
0016 165 Each
Estimated cost for Galvanized Sheet: Siz
Estimated cost for Galvanized Sheet: Size: 5' x 10', Gauge: 12, Grade: G90
Galvanized Sheet: Size: 5 x 10, Gauge: 1
Galvanized Sheet: Size: 5' x 10', Gauge: 16, Grade: G90
Vulcraft B-Decking (or EQUAL): Length: 2
Vulcraft B-Decking (or EQUAL): Length: 20', Size: 1.5", 24 Gauge, Seam: Button Punch Side Lap
0017 760 Each
0018 620 Each
0019 85 Each
Clark-Dietrich E971 Easy Clip or Equal:
Clark-Dietrich E971 Easy Clip or Equal: 12 Gauge Support Clip, Size: 11"
Phillips RC-2 Resilient Sound Channel or
Phillips RC-2 Resilient Sound Channel or Equal: Length: 10'
Clark-Dietrich Max Trak 2D Slotted Track
Clark-Dietrich Max Trak 2D Slotted Track (or Equal): Length: 10', 20 Gauge
0020 8 Each
0021 5 Each
Square Tube: Size: 6" x .375" x 20', Gra
Square Tube: Size: 6" x .375" x 20', Grade: A500
Square Tube: Size: 4" x .250" x 24', Gra
Square Tube: Size: 4" x .250" x 24', Grade: A500
0022 3 Each
0023 5 Each
0024 40 Each
Floor Plate: Size: 5' x 10' x 3/16", Gra
Floor Plate: Size: 5' x 10' x 3/16", Grade: A786
Floor Plate: Size: 4' x 8' x 1/4", Grade
Floor Plate: Size: 4' x 8' x 1/4", Grade: A786
Wide Flange Beam: Size: W14 X 26, Length
Wide Flange Beam: Size: W14 X 26, Length: 20', Grade: A36
0025 32 Each
0026 33 Each
0027 1 Each
Wide Flange Beam: Size: W14 X 26, Length
Wide Flange Beam: Size: W14 X 26, Length: 25', Grade: A36
Angle: Size: 3' x 2' x 1/4", Length: 20'
Angle: Size: 3' x 2' x 1/4", Length: 20', Grade: A36
Angle: Size: 1" x 1" x 3/16", Length: 20
Angle: Size: 1" x 1" x 3/16", Length: 20, Grade: A36
0028 11 Each
0029 1 Each
0030 2 Each
Angle: Size: 4" x 4" x 1/4", Length: 24'
Angle: Size: 4" x 4" x 1/4", Length: 24', Grade: A36
C - Channel: Size: C10 x 15.3, Length: 2
C - Channel: Size: C10 x 15.3, Length: 24', Grade: A36
Round Bar Stock: Size: 3/4", Length: 20'
Round Bar Stock: Size: 3/4", Length: 20', Grade: A36
0031 4 Each
0032 4 Each
0033 35 Each
Wide Flange Beam: Size: W4 x 13, Length:
Wide Flange Beam: Size: W4 x 13, Length: 25', Grade: A36
Plate: Size: 5' x 10' x 3/16, Grade: A36
Plate: Size: 5' x 10' x 3/16, Grade: A36
Sheets of Steel Grade A36: 60"x120", 11
Sheets of Steel Grade A36: 60"x120", 11 Gauge
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government 0025 Destination Government Destination Government 0026 Destination Government Destination Government 0027 Destination Government Destination Government 0028 Destination Government Destination Government 0029 Destination Government Destination Government 0030 Destination Government Destination Government 0031 Destination Government Destination Government 0032 Destination Government Destination Government 0033 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 30 dys. ADC 880 F3YCEB
OC-ALC/OBC
BLDG 3001 STAFF DR. DOOR G70 POST
N68
TINKER AFB OK 73145 405-736-
FOB: Destination
F3YCEB
0002 30 dys. ADC 145 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0003 30 dys. ADC 20 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0004 30 dys. ADC 40 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0005 30 dys. ADC 20 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0006 30 dys. ADC 30 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0007 30 dys. ADC 60 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0008 30 dys. ADC 175 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0009 30 dys. ADC 85 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0010 30 dys. ADC 85 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0011 30 dys. ADC 7 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0012 30 dys. ADC 125 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0013 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0014 30 dys. ADC 4 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0015 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0016 30 dys. ADC 165 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0017 30 dys. ADC 760 (SAME AS PREVIOUS LOCATION)
F3YCEB
0018 30 dys. ADC 620 (SAME AS PREVIOUS LOCATION)
F3YCEB
0019 30 dys. ADC 85 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0020 30 dys. ADC 8 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0021 30 dys. ADC 5 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0022 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0023 30 dys. ADC 5 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0024 30 dys. ADC 40 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0025 30 dys. ADC 32 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0026 30 dys. ADC 33 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0027 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0028 30 dys. ADC 11 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0029 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0030 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0031 30 dys. ADC 4 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0032 30 dys. ADC 4 (SAME AS PREVIOUS LOCATION) FOB: Destination
F3YCEB
0033 30 dys. ADC 35 (SAME AS PREVIOUS LOCATION)
F3YCEB
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
APR 2014
MAY 2011
52.204-7 System for Award Management JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.222-25 Affirmative Action Compliance APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
DEC 2013
SEP 2011
252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD
Officials 252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain
Internal Confidentiality Agreements - Representation (Deviation 2016-O0003)
252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)
NOV 2011
OCT 2015
252.204-7008 Compliance With Safeguarding Covered Defense Information DEC 2015 Controls
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terri
DEC 2015
MAY 2016
252.211-7003 Item Unique Identification and Valuation MAR 2016 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance JUN 2015
Information Retrieval Systems 252.219-7003 Small Business Subcontracting Plan MAR 2016 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic AUG 2016
(Aug 2016) 252.225-7002 Qualifying Country Sources As Subcontractors AUG 2016 252.225-7008 Restriction on Acquisition of Specialty Metals MAR 2013 252.225-7012 Preference for Certain Domestic Commodities DEC 2016 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7022 Representation Of Extent Of Transportation Of Supplies By
Sea
AUG 1992
252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.211-6 BRAND NAME OR EQUAL (AUG 1999)
(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.
(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;
(2) Clearly identify the item by--
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.
(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.
(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The following factors shall be used to evaluate offers:
Factor 1 Technical- The offeror’s quote will be evaluated based on their ability to provide all material that meets each CLIN’s description and quantity as defined in the solicitation.
Factor 2 Price-The offeror’s quote will be evaluated for reasonableness. Note that unrealistically low or high proposed quotes may be grounds for eliminating a proposal from competition either on the basis that the offeror does not understand the requirement or has submitted an unrealistic proposal.
Factors 1 and 2, when combined, are of equal importance.
The Government will evaluate all technical factors concurrently for the three (3) lowest priced proposals. Should one of those three (3) proposals not be found technically acceptable, the next one (1) lowest priced offeror will be evaluated and the proposals will be listed from lowest to evaluated and the proposals will be highest price based on the total evaluated price either initially or as a result of discussions.
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2016)
ALTERNATE I (OCT 2014)
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 (r) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“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;
http://www.sam.gov/portal http://www.sam.gov/portal
(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.
(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 (q) 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.
(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— http://www.acquisition.gov/ http://www.acquisition.gov/
(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 solicitation entitled “Buy American— Supplies.”
(2) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225- 3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
(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:
LINE ITEM NO. COUNTRY OF ORIGIN
(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.:
(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
(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
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--
(1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) ) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. 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…
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