Trimble Repair Clauses.doc

PREPARATION FOR DELIVERY

All material shipped to the U.S. Coast Guard Engineering Logistics Center, Baltimore, MD, must be accompanied by an itemized packing list securely attached to the outside of the package.

All packing lists shall cite the Purchase Order Number (when issued after award) with the package in such a manner as to provide identification.

Material shall be packed for shipment in such a manner as to afford adequate protection to the item against corrosion, deterioration, and physical damage during shipment from the supply source to Engineering Logistic Center locations.

Package shall also provide adequate protection for warehouse storage and multiple shipments.

All packages shall have the Purchase Order Number, Stock Number and Vendor name and Part Number clearly marked on the exterior of the package.

All deliveries are to be made Monday through Friday between the hours of 7:30 A.M. and 3.30 P.M.

Specifications cited in this solicitation may be obtained:

For Specifications from the US Government contact

(a) From the ASSIST database via the Internet at http://assist.daps.dla.mil; or

(b) By submitting a request to the --

DEPARTMENT OF DEFENSE SINGLE STOCK POINT (DODSSP)

BUILDING 4, SECTION D

700 ROBBINS AVENUE

PHILADELPHIA, PA 19111-5094

TELEPHONE: (215 697-2667/2179

FAX: (215) 697-1462

For Specifications from Commercial sources contact:

American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive

West Conshocken, PA 19428-2959

Phone: 610-832-9500 Fax: 610-832-9555

American National Standards Institute (ANSI) 11 West 42nd Street

New York, N.Y. 10036

Phone: 212-642-4900

PRESERVATION, PACKAGING & MARKING

PRESERVATION – Each piece or assembly that make up one each of any contract line item (CLIN) shall be preserved in accordance with ASTM-D-3951.

PACKAGING – Each preserved contract line item shall be packed in its own carton or box as needed to meet the requirements of ASTM-D-3951. This package shall be considered a unit pack. This unit pack shall meet the requirements of a shipping container.

a. UNIT PACKAGES – Shall be marked as specified herein.

National Stock Number/ Activity Control Number.

Item Name

Part Number (as shipped)

Purchase Order / Contract Number

Date of Manufacturer/Repair

The Words “COAST GUARD ELC MATERIAL” CONDITION (A)

Quantity & Unit of Issue (i.e. “1-EA”)

Hazardous Material Marking (As required in Code of Federal

Regulations (CFR) section 4).

Flash Point (If item is a liquid w/ flash point of 93.3 degrees C (200 Degrees F) or less.)

Propellant Chemical Name (Aerosol Containers only).

b. UNITIZATION – If unitization is used as the final shipping container the unitized pack for one stock number shall be marked as specified below, see “Single Stock Number” If there are multiple stock numbers involved see “Multiple Stock Numbers” herein. For no reason shall more then one delivery order be unitized together.

Multiple Stock Numbers

Same as Unit Packages above including the wording -

“COAST GUARD ELC MATERIAL” “MULTIPACK”

MARKING – IAW MIL-STD 129P. Shall be clear, legible, permanent, and in English.

BAR CODING – All bar coding required herein shall be Code 39, also called Code 3 of 9 in accordance with ANSI/AIM BC1. ALL Stock numbered items shall be bar coded.

a. The standard marking required in MARKING for all for all packaging configurations can be applied separately or as part of the Bar Code Label. If the latter option is used the label size shall be adjusted appropriately.

b. The stock number or numbers, and purchase order / contract number shall be bar coded with Human Readable Interpretation (HRI) immediately below the bar coding on unit and unitized packs.

c. All HRI shall be placed below its associated bar code.

The label shall be intended for long term indoor applications where the labels will endure intermittent outdoor exposure. Each label shall be for porous surfaces and consist of paper without plastic laminate.

STATEMENT OF WORK

1. SCOPE

1.1 General. This specification covers the requirements for the repair of electronic equipment and those aspects of the maintenance processes which are applicable to electronic equipment. It establishes uniform standards and procedures to be used in the repair process, for example, receipt and evaluation, maintenance procedures, selection and use of parts and material, marking, preservation, and packing for shipment.

1.2 Types of equipments and components covered by this specification. The repair of the following types of components are included in this specification:

Complete assemblies

Equipment subassemblies

Circuit card assemblies

Power supplies

Modules

Other components as specified in the solicitation

2.

APPLICABLE DOCUMENTS

2.1 Military Specifications:

MIL-B-117 - Bag, Sleeve and Tubing, Interior Packaging

MIL-B-81705 - Barrier Materials, Flexible, Electrostatic-Free, Heat

Sealable

MIL-P-81997 - Pouches, Cushioned, Flexible, Electrostatic- Free, Heat

Sealable

2.2 Military Standards:

MIL-STD-129 - Marking for Shipping and Storage

MIL-STD-45662 - Calibration Systems Requirements

3.

REQUIREMENTS

3.1 General Requirements

3.1.1 Repair. The contractor shall perform the level of repair (see 3.1.3) as identified by the procurement documentation, required to return the repairable equipment or module to a ready for issue (RFI) condition from a non-ready for issue (NRFI) condition.

3.1.2 Repair. Electronic equipment shall be processes for the return of unservicable items to an operational status. This process shall accomplish:

a. Disassembly and cleaning required to facilitate the equipment repairs.

b. Repair or replacement of parts that are of marginal quality due to wear, deterioration, or damage so as to return the item to specification requirements as required by the repair controlling documentation.

c. Reassembly, alignment, and testing

3.1.3 Government furnished equipments. Defective equipments or items will be shipped to the Contractor from the Coast Guard Engineering Logistics Center or as specified in the procurement documentation.

3.1.4 Defective item lot size. Equipments or items will be shipped as single items or in lots. Lots will be based on Coast Guard needs.

3.1.5 Obsolete parts/processes. In the event certain parts or processes become obsolete, the Contractor shall notify the Contracting Officer and submit 1) rationale and verification of any obsolete part or process, and 2) a written estimate of the cost required to make the repair. The Contractor shall not proceed until a firm fixed price and delivery schedule are negotiated and authorization to proceed is received from the Contracting Officer.

3.1.6 Unusually damaged items. Normal repair requirements do not include equipments or components received which indicate obvious misuse, cannibalizing, severe damage due to mishandling, fire, or submersion. In the event that severely damaged or cannibalized equipments or components are received, the Contractor shall notify the Contracting Officer and submit 1) a description of the condition of the equipment or component as received, 2) an estimate of the probable cause of the condition, and 3) a written estimate of the cost required to make the repair. The Contractor shall not proceed until either a firm, fixed price for repair and a delivery schedule are negotiated and authorization to proceed or disposal instructions have been received from the Contracting Officer.

3.1.7 Limitation of Repair. The price in the schedule is the cost of repair unless otherwise authorized under 3.1.6. Repair will not be authorized when the cost of repair exceeds 65% of the acquisition cost of the item.

3.2 Detailed requirements.

3.2.1 Materials. The Contractor shall provide all spare parts, discrete components and consumable materials needed for the repair of the items.

3.2.1.1 Selection of Parts and materials. The Contractor shall utilize parts and materials specified in the latest design specifications. Original equipment manufacturer's (OEM) parts or parts which equal or exceed the performance and tolerance characteristics of the OEM parts must be used on all component part replacements. Any part which would change the form, fit, and/or function of the component shall not be used. Requests to utilize nonstandard (non-OEM or direct equivalent) parts shall be submitted to the Contracting Officer for approval.

3.2.2 Repair process.

3.2.2.1 Inspection. In the course of repair, three levels of inspection shall be performed, as follows:

a. Incoming inspection. This inspection shall be performed at the point of receipt of the repair material to detect damage in transit. The items shall be inspected for completeness, for model type per contract or work order, and for obvious flaws and defects. If the equipment or module is received incomplete or damaged in transit, the Contracting Officer shall be immediately notified of the discrepancy. The Contractor shall identify and record the damaged property by its nomenclature, NSN, manufacturer's part number, date of receipt, quantity, number inspected, number defective or damaged, contract number, nature of the defect, circumstances of discovery, and estimated repair cost. The Contracting Officer or his representative shall verify the condition of the received equipment.

b. In-process inspections. These inspections shall be performed during repair in order to ensure completeness of repair and conformance to equipment technical requirements. Examples of such inspections are 1) adherence to fault isolation and test procedures, 2) proper application of coatings and treatments, and 3) proper mounting and connection of piece parts. The results of all in process inspections shall be recorded.

c. Final inspection. This inspection shall consist of 1) a visual inspection of workmanship, assembly and fit, mechanical and electrical safety and marking, materials, parts, and finish, and, treatment for prevention of corrosion and 2) verification of all operations specified in the repair controlling documentation. All final inspection observations and measurements shall be recorded and certified.

3.2.2.2 Disassembly. The degree of disassembly on any equipment or module processed by the Contractor shall commensurate with the level of repair required.

3.2.2.3 Cleaning. Items requiring cleaning during repair shall be cleaned prior to or during the pre-induction inspection and disassembly, whichever is deemed more practical by the Contractor. Final cleaning shall be conducted to ensure the component is free of obvious defects and corrosion, soil, grease, residue, fingerprints, perspiration, or other acid or alkali residues.

3.2.2.4 Testing. In the course of repair, two types of testing will be performed by the Contractor:

a. Operational tests. These tests shall be for the purpose of verifying operation and to identify areas requiring fault isolation.

b. Final performance and acceptance testing. This test shall confirm acceptability of alignment and function. The repaired equipment shall be energized and subjected to an operational test to ensure the physical readiness of the equipment and conformance with safety requirements. The qualifying performance standard for the equipment shall be the test criteria contained in the repair controlling documentation or as supplied by the procuring activity.

3.2.2.5 Fault isolation. Troubleshooting of electronic equipment and modules shall recognize the fault symptom, identify the circuit responsible, and isolate the defective component or sub assembly. After a fault has been localized, but prior to corrective action, ascertain that the specific fault is actually the cause of the malfunction rather than a symptom of some other malfunction. The Contractor shall be responsive to the troubleshooting procedures as indicated in the applicable technical documentation or established test procedures.

3.2.2.6 Parts replacement. Selection of parts for replacement shall be as specified in 3.2.1.1. The criteria for parts replacement shall be in accordance with 3.1.2.

3.2.2.7 Marking - Contractor identification. If the repair is done by other than the OEM, the Contractor must affix a permanent vendor identification number which is traceable buy the Coast Guard to the Contractor, date of repair and the contract under which the repair was accomplished.

3.2.3 Technical specifications. Except where otherwise indicated, the Coast Guard will not provide the current technical specifications, manuals, or other technical data or diagnostics for repair of the items covered by this specification. The Contractor is responsible for obtaining the required technical manuals or data. This information shall remain the property of the Contractor but must be available for inspection by the Coast Guard.

3.2.3.1 Repair diagnostics. The Contractor shall develop repair diagnostics and test procedures to effectively troubleshoot problems with the components and repair the components to meet the requirements of this specification. The diagnostics and test procedures shall be in accordance with current technical specifications (see paragraph 3.2.3).

3.2.4 Test and diagnostic equipment. The Contractor shall provide all test and diagnostic equipment required to repair and test the items during the repair process.

3.2.5 Documentation. All rework performed and parts replaced on each item shall be documented. The record sheet shall contain all operations, that is, inspection, initial testing, probable cause of failure, repair, alignment, cleaning, final testing, and inspection that have been performed.

3.2.5.1 Test data record sheet. A record of the data obtained during tests performed (see 3.2.2.4) shall be made on a test data record sheet. The Contractor is responsible for preparing and maintaining the documents.

4.

QUALITY ASSURANCE

4.1 General. The Contractor shall maintain an inspection system which shall insure each item offered to the procuring activity for acceptance or approval conforms to contract requirements. The inspection system shall be documented and available for review and approval by the procuring activity.

4.2 Responsibility for inspection. Unless otherwise specified in the contract or purchase order, the Contractor is responsible for the performance of all inspection requirements as specified herein. Except as otherwise specified, the Contractor may use his own or any commercial facilities acceptable to the Government.

4.2.1 Records. The Contractor shall maintain records of all inspections and tests.

4.3 Calibration. Test equipment utilized during repair shall be calibrated in accordance with MIL-STD-45662 using standards traceable to the National Bureau of Standards.

5.

PREPARATION FOR DELIVERY

5.1 Unit pack. All items repaired shall be returned in the same fast pak container that it was received in prior to induction. In the event of loss or damage to the original fast pak, the Contractor must provide an equal replacement.

5.2 Electronic parts susceptible to damage by environmental field forces. Sensitive electronic devices and other items susceptible to environmental field force damage shall be protected as specified below.

5.2.1 Electrostatic protection. Electrostatic protection shall be accomplished by enclosing the sensitive items in bags (envelopes) or pouches conforming to MIL-B-117, Type I, Class F, Style 2 or MIL-B-81997 Type I pouch with Type I resealable closure or barriers conforming to MIL-B-81705, Type II.

5.2.2 Electromagnetic protection. Electromagnetic protection shall be accomplished by enclosing the sensitive items in bags (envelopes) or pouches conforming to MIL-B-117, Type I, Class F, Style 1.

5.2.3 Combined Electrostatic and Electromagnetic. Sensitive electronic components requiring both electrostatic and electromagnetic protection shall be enclosed in bags conforming to MIL-B-117, Class F, Style 2 or barrier conforming to MIL-B-81705, Type 1.

5.2.4 Magnetic protection. Protection from simple magnetic fields (as opposed to RF or electromagnetic radiation) shall be accomplished by completely enclosing the sensitive items, in ferrous metals or ferritic compositions of sufficient thickness to provide the degree of protection required.

5.3 Intermediate and exterior packing. Unit packs shall be packed in exterior shipping containers, meet common carrier acceptance and provide safe delivery to destination.

5.4 Marking. In addition to any special markings required by the contract or order, all interior packages and shipping containers shall be marked in accordance with MIL-STD-129. Bar coding is required

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

Department of Homeland Security

United States Coast Guard (CG-9131)

Ombudsman Program for Agency Protests

1900 Half Street, SW, Room 11-0602

Washington, D. C. 20593-0001

FAX: 202.475.3904

The Ombudsman Hotline telephone number is 202.372.3695.

Addendum to 52.212-1

Government Furnished Property (GFP)

(a) The Government will provide that property set forth below, notwithstanding any terms and conditions of the specification to the contrary. All property provided to the Contractor by the Government under this contract shall be subject to the “Government Property-Fixed Price contracts” and Control of Government Furnished Property clauses of this contract.

1. G.F.P furnished under this contract will be as follows:

Item Est. Value/each

5825 01-GL3-5440 $1,275.00

5825 01-GL3-5438

$19,733.73

5825 01-GL3-5625 $1,638.00

5825 01-478-6364 $3,650.00

5825 01-478-5953 $995.00 5985 01-551-1761 $1,700.00

(b) Should any items provided as government furnished property under this contract fail to conform to the requirements of the contract , the contractor shall submit the Government Furnished Property Discrepancy Report (SDR/QDR) electronically within ten (10) calendar days after receipt of the items. Should any GFP not be received by the contractor within fourteen (14) days after the receipt of the order, the contractor shall submit the Government Furnished Property Discrepancy Report (SDR/QDR) electronically. The electronic form can be found at the following website: http://www.uscg.mil/hq/elcbalt/procsdr.asp. The attached document “How to submit a Procurement SDR to the SFLC” provides further guidance on submitting the report electronically. Contractors shall use this new method for reporting a discrepancy with GFP, unless they do not have access to a computer. If the Contractor has to submit the original form, the Contract Specialist will be required to generate the electronic version of the SDR for them in the system.

(c) Upon receipt of the Discrepancy Report, the Contracting Officer, as the Property Administrator, shall provide disposition instructions to the contractor within 10 calendar days after receipt of the report.

52.217-5 EVALUATION OF OPTIONS (Jul 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

Addendum to 52.212-4

Incorporated by reference- 52.245-1 Government Property (JUN 2007) Payment Information

INVOICES

Invoices shall be submitted to the address listed in Block #18A (SF 1449) of the order for payment:

U.S. Coast Guard YARD

P.O. Box 4122

Chesapeake, VA 23327-4122

Invoice inquires: 757-523-6940

M/F: Contract and Delivery Order Number (to be furnished at time of award) or www.fin-smb-yardteam@uscg.mil Failure to submit directly to this office will delay prompt payment of your invoice.

ADDITIONAL INVOICE REQUIREMENTS (JUN 2000)

In addition to the requirements of Clause 52.212.4, the Contractor shall indicate the Taxpayers Identification Number (TIN) on any invoice submitted for payment under this purchase order.

Electronic Funds Transfer will make any payment that we make to you unless you certify in writing that you do not have an account with a financial institution or an authorized payment agent.

In addition, the Data Universal Numbering System (DUNS) number is the primary identifier in the Central Contractor Registration (CCR) data base. Contractors are identified by their DUNs Number in CCR, therefore to facilitate payment, it is in your best interest to ensure that your DUNS number is identified on all invoices submitted to the U.S. Coast Guard for payment.

For more information on CCR, and to register online, simply visit the CCR website at http://www.ccr.disc.dla.mil or call the Coast Guard Finance Center Customer Service line at (757) 523-6940. Offeror’s must be registered in the CCR database no later than the date of award.

**NOTE: Contractor's may submit invoices electronically by accessing and completing the invoice form found at https://www.fincen.uscg.mil/secure/web_invoices_cgyard.htm.

FAR 52.216-18 ORDERING (OCT 1995)

Any supplies or services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued for a period of one (1) year after the date of contract award for the base year, and for a period of one (1) year after exercise of each option year.

All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail commerce methods only if authorized in the schedule

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the prices specified in the contract. These prices may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days prior to the expiration of the contract.

FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall no constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering Clause. Subject to any limitations in the Order Limitation Clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The

Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the

Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion of that order.

HSAR 3052.242-72 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer’s Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

Technical Contact The Government will maintain a technical point of contact to resolve technical questions that may be encountered: U.S. Coast Guard Engineering Logistics Center (ELC), 2401 Hawkins Point Road, Baltimore, MD 21226-5000, Attn: ___________________ (to be determined at time of award).

The Contractor, for the same purpose, will furnish a technical point of contact:

Delivery of Material to Contractor

The Government will deliver items, at the Government’s expense, to be repaired to the following repair location:

(Offeror insert) 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Aug 2009) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

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

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“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.

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“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.

“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.

(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 Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov .After reviewing the ORCA 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 (n) 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 on ORCA.]

(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, for general statistical purposes, 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)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) 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.

(7) 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:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it [_] is, [_] is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

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

(i) General. The offeror represents that either—

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

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

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) 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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act – 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 Act—Supplies.”

(2) Foreign End Products:

[List as necessary]

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

(g)

(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- 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, 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 Act--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, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American Act—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 Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

(4) 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)(4)(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 Act. 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…