M3361015T0004_Conformed_Copy.pdf

M33610

MCMWTC

BLDG 1036 ATTN: CONTRACTING OFFICER

HC 83 BOX 1

BRIDGEPORT CA 93517

(760) 932 - 1544

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$15M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

M33610-15-T-0004 03-Sep-2014

b. TELEPHONE NUMBER

760-932-1544

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 16 Sep 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

M33610

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE M33610 16. ADMINISTERED BY

MARINE CORPS WARFARE TRAINING CENTER

HEZKIAH THOMPSON

BLDG 7047 ATTN: FAC MAINT

HC 83 BOX 1

BRIDGEPORT CA 93517

TEL: 760-932-1592 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHAD N CIELENCKI

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

541330

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.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M3550015SUFSM18

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

0 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

M33610-15-T-0004

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Arc Flash Analysis

FFP

A.Determine the level of hazard and the proper rating of the personal protective equipment (PPE) necessary for personnel arc flash protection.

B.Ensure that MCMWTC is in compliance with applicable industry standards for arc flash hazard identification and protection, i.e. NFPA 70E, OSHA, NEC, ANSI.

See attached PWS.

FOB: Destination

MILSTRIP: M3550015SUFSM18

PURCHASE REQUEST NUMBER: M3550015SUFSM18

NET AMT

PWS

SCOPE OF WORK

Arc Flash Hazard Analysis

Marine Corps Mountain Warfare Training Center

Bridgeport, CA 93517

GENERAL INTENT:

Marine Corps Mountain Warfare Training Center (MCMWTC) is soliciting proposals from qualified licensed engineering firms to provide technical engineering services required to perform an arc flash hazard analysis for facilities maintenance. Proposal shall include MWTC base and Coleville housing’s Waste Water Treatment Plant and Water Treatment Plant. MCMWTC objectives for this RFP are as follows:

A. Determine the level of hazard and the proper rating of the personal protective equipment (PPE) necessary for personnel arc flash protection.

B. Ensure that MCMWTC is in compliance with applicable industry standards for arc flash hazard identification and protection, i.e. NFPA 70E, OSHA, NEC, ANSI.

To ensure consistency across multiple facilities, MCMWTC seeks the services of a single contractor to perform applicable arc flash analysis services at all referenced facilities.

The contractor shall provide all design, labor, materials, tools, equipment, transportation, and supervision to perform the scope of work.

For any work requiring digging, welding, or outages of station utilities including roads, electrical, water, gas, cable, or sewer, the contractor shall obtain the appropriate station permits through the ROICC/FEAD office. Allow fourteen (14) days for submittal for processing and approval.

The assessment/study shall be in conjunction with sound electrical engineering practices. The contractor shall comply with all federal, state, and local codes, standards, regulations, and ordinances including all environmental regulations, except where specifically stated herein, including but not limited to, the latest additions of applicable codes published by the following organizations and other codes used in this proposal. The date of the term “latest revision addition” of the codes shall be the cut-off date indicated by the date of the proposal due date.

ANSI American National Standards Institute

ASTM American Society of Testing and Materials

AWS American Welding Society

CFR Code of Federal Regulations

COE Corps of Engineers-EM-385-12-1, Safety and Health Requirements Manual

EIA Electronic Industries Association

EM EM-385-1, Safety and Health Requirements

FM Factory Mutual

IEEE Institute of Electrical and Electronic Engineers

ICEA Institute of Cable Engineers Association

IBC International Building Code

NEC National Electric Code

NESC National Electrical Safety Code

NETA National Electrical Testing Association

NEMA National Electrical Manufacturers Association

NFPA National Fire Protection Association

UL Underwriters Laboratories

UFC Uniform Fire Code

GENERAL ORDERS

NO. 95/128 Public Commission of the State of California

The assessment shall be prepared in accordance with the A-E Guide prepared by Southwest Division, NAVFACENGCOM, Dated January, 2000; MAGTFTC, MCAGCC Supplemental A/E Guide; The Military

Handbooks (Electrical Engineering Preliminary Design Considerations MIL-HDBK-1004/1, Dated 30 May 1988;

Power Distribution Systems MIL-HDBK-1004/2A, Dated 15 January 1992; Electrical Utilization Systems MIL-

HDBK-1004/4; Dated 13 October 1987 and Safety of Electrical Transmission and Distribution Systems, MIL-

KDBK 1025/10, Dated 1 December 1998, except as noted in the scope of work and the criteria and detailed instructions to be furnished by the Engineer in Charge (EIC).

Installation shall conform to the latest applicable rules of the NFPA Standard NO. 70 NEC, the State of California

Public Utilities Commission and General Orders No. 128 “Rules for the Construction of Underground Electric

Supply, NO. 95 “Rules for the Overhead Electrical Line Construction,” and ANSI C2 NESC.

All work involving, moving, or removal of existing or new equipment shall be coordinated through the

ROICC/FEAD Department. This work includes all necessary items for a complete and usable project. Site improvements shall consist of all necessary site clearing and demolition.

The superintendent and quality control manager may be one and the same person.

SCOPE OF WORK:

C.1 Arc Flash Analysis

C.1.1 Contractor shall conduct an initial assessment of MWTC by collecting a count of electrical panels (calculation points,) to include breaker panels, electrical disconnects, switch gears, MCC’s, MCC buckets, bus taps (bus plugs,) and control panels, number of buildings, and number of utility feeds into the buildings.

C.1.2 The contractor shall furnish an Arc Flash Hazard Analysis per NFPA 70E Standard for Electrical Safety in the

Workplace, reference Article 130.3 and Annex D; based on the formulas found in IEEE 1584 or equivalent, and satisfying the requirements of OSHA 29 CFR 1910.132(d).

C.1.3 This study shall apply to equipment rated 240 volts or greater and equipment rated lower than 240 volts when served from a transformer 125 kva and larger unless an expanded scope of services is selected by MCMWTC. If labeling is not required by NEC 70E, minimal PPE Category label shall be placed on the electrical distribution panel.

C.1.4 Field Data Collection – The contractor shall collect and record all pertinent electrical component field data and create model drawings for the plant’s electric power distribution system. The contractor shall be escorted by designated MCMWTC personnel with specialized authorization to access equipment included in the assessment.

Typical field data shall include but is not limited to transformers, switchgears, switchboards, motor control centers, panel boards, circuit breakers, protective relays, fuses, bus ducts, bus plugs, conductors, etc.

C.1.5 Short Circuit Current Study (SCCS) in accordance with ANSI Std. C37 and IEEE Std. 141-1993 (Red Book) for all applicable electrical components. This study shall also include an Equipment Evaluation Study to check the computed available fault current against existing equipment short circuit interrupting ratings to Building point of entry.

C.1.6 Arc flash hazard analysis shall compute incident energy levels, proper ratings of PPE, NFPA 70E shock approach boundary distances at specified equipment locations, arc flash and shock protection boundaries, and warning label requirements. Incident energy and arc flash protection boundaries shall be computed using IEEE Std.

1584, “IEEE Guide for Performing Arc Flash Hazard Calculations” and the NFPA 70E Guidelines. The contractor shall perform this study for all applicable exposure areas in respect to inclusive facilities. The arc flash hazard analysis shall also include identifying the available fault current at equipment buses as well as clearing time for applicable protective devices to determine proper PPE requirements. The PPE determination shall be based upon potential arc flash incident energy exposure levels and shall determine:

Proper PPE for each applicable piece of electrical equipment.

Working distance for each applicable piece of electrical equipment.

Incident energy level for each applicable piece of equipment.

Flash protection boundary for each applicable piece of equipment.

C.2 Arc Flash Warning Labels

C.2.1 Produce Arc Flash Hazard Warning Labels – The contractor shall furnish and install arc flash hazard warning label information for all applicable equipment and work spaces in accordance with ANSI Z535.4, NEC 110.16 and

NFPA 70E 130.3, UL 969 guidelines. The labeling requirements shall include:

1. Voltage rating of equipment

2. Arc flash protection boundary (in.)

3. Arc flash incident energy at the working distance (cal/cm

4. Working distance (in.)

5. Recommended protection including glove rating

6. Limited, restricted and prohibited approach distances (in.)

7. Bus and protective device identifier

8. Bolted fault current

9. Date of issue

10. Service Provider contact information

C.3 Install Arc Flash Hazard Warning Labels

C.3.1 The contractor shall provide a line item in the proposal to install the manufactured arc flash warning labels at the applicable equipment locations in accordance with NEC-2008 article 110.16. If labeling is not required by NEC

70E, minimal PPE Category label shall be placed on the electrical distribution panel. The contractor shall be escorted by designated MCMWTC personnel with specialized authorization to access equipment included in the assessment.

C.4 Deliver Final Report

C.4.1 The contractor shall furnish a complete report for all system assessment/studies in both electronic (Adobe PDF format on compact disk media) and soft cover, spiral bound, hard copy, color document form. The report(s) shall include the results of all studies/assessments; to include, the short circuit, device evaluation, arc flash calculations, the coordination curves and all input data, recommendations for changes to settings or equipment, and conclusions.

SUBMITTALS:

Within ten days after the award of the contract, the contractor shall submit to the ROICC/FEAD Department in building 2001, the manufacturer’s literature on the following:

SAFETY REQUIREMENTS:

The contractor is required to conform to the most current edition of the U.S. Army Corps of Engineers Safety and

Health requirements, EM385-1-1 (note the 2014 revision has been released) and all applicable OSHA standards. All pathways/work areas shall be clear and free of slip/trip hazards; this includes snow and ice removal daily or more/less frequent as required.

CLEAN-UP AND DISPOSAL:

Work areas shall be left in a neat and orderly manner with all debris being picked up at the end of each day.

Contractor shall remove all debris associated with the performance of this contract, from MCMWTC and dispose of at a landfill approved by Mono County for the acceptance of such waste. There is no landfill aboard MCMWTC.

SCHEDULE:

The contractor is required to commence work prior to the (15th) calendar day after the date of award, (unless otherwise directed) and shall complete the entire job not later than (30) calendar days after the required commencement of work. The time stated includes final clean up of the job site.

Within (72) hours of award and prior to starting work, the contractor shall provide the Contract Surveillance

Representative (CSR) at building 2001 with a written work schedule, and shall notify the CSR within (24) hours of starting work. The contractor shall adhere to the submitted schedule unless prior written notification is submitted.

The contractor shall also provide (24) hours notice to arrange for final inspection.

DAILY REPORTS:

The contractor shall submit completed daily QA, Safety, and Production reports to the (CSR) before 10:00 A.M. on the following day of production. The daily reports shall directly reflect the work that was performed the previous production day.

(CSR) ROICC/FEAD ET roger.donahue@navy.mil (775) 400-0212

(CSR) ROICC/FEAD CM carla.richards@navy.mil (760) 932-1567

BLDG LIST

FACILITY_NAME FACILITY_NO YEAR_BUILT

AREA/

SF

Approx.

Number of Panels

MWTC

GAS STATION OFFICE P1011 1999 256 1

HAZMAT FACILITY P1012 1999 1886 3

mailto:roger.donahue@navy.mil mailto:carla.richards@navy.mil

STORAGE P-1026 1982 803 1

WASH RACK P-7039 800 3

OPERATIONAL VEHICLE STORAGE P-1028 1990 3400 1

GME DISPATCH/CLASSROOM P1029 1999 1260 1

MAINT/COMM-ELECT P-1036 1986 8202 5

STORAGE P1038 1999 2204 1

AUTO MAINTENANCE SHOP P-1040 1987 6031 3

GENERAL STORAGE P-1999 1956 4020 1

STORAGE P-2000 1952 4020 1

PW/ROICC OFFICE P-2001 1952 4020 2

BEQ P-2002 1986 60168 30

EMERGENCY GENERATOR P2003 1999 2400 4

MEDICAL-DENTAL CLINIC P-3005 1989 8110 6

MESSHALL P-3006 1987 22738 20

CHAPEL P-3015 1990 2636 2

COMMUNICATIONS CENTER P4046 2000 772 3

ADMINISTRATION BLDG P-4048 1986 7718 6

GYM P-4049 1993 13896 5

ALL HAND CLUB P-4051 2003 4093 4

TRANSIENT LODGING P-5016 1986 11808 10

PISTOL RANGE P-521 1959 1

SEWAGE TREATMENT PLANT P-6010 1964 1350 6

POLYMER SLUDGE PUMPING SHED P-6012 1995 64 2

SEWAGE PUMPING STATION P-7016 1961 36 1

BARRACKS/BAS P-7042 1995 11944 3

BARRACKS P-7043 1995 12184 3

BARRACKS P-7044 1995 12184 3

BARRACKS P-7045 1995 12184 3

ARMORY P-7046 1995 1689 1

GEAR STORAGE FACILITY/COC P-7047 1995 11458 2

RECREATION BLDG P-7048 1995 5163 4

BARRACKS P-7049 1995 12184 3

AIRCRAFT OPERATIONS BLDG P-7052 1989 905 1

BARRACKS P-7054 1995 12184 3

STABLES P-7055 1995 4760 1

MAINTENANCE FACILITY P-7056 1995 3936 4

PMO PMO 1600 2

COLEVILLE HOUSING

WASTE WATER TREATMENT PLANT 1000 3

WATER TREATMENT PLANT 800 3

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 30 dys. ADC 1 MARINE CORPS WARFARE TRAINING

CENTER

HEZKIAH THOMPSON

BLDG 7047 ATTN: FAC MAINT

HC 83 BOX 1

BRIDGEPORT CA 93517

760-932-1592

FOB: Destination

M33610

CLAUSES INCORPORATED BY FULL TEXT

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

http://farsite.hill.af.mil

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil http://farsite.hill.af.mil/ http://farsite.hill.af.mil/

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance JUL 2013

52.204-14 Service Contract Reporting Requirements JAN 2014

52.212-1 Instructions to Offerors--Commercial Items APR 2014

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7011 Alternative Line Item Structure SEP 2011

252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.211-7003 Item Unique Identification and Valuation DEC 2013

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

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:

Lowest Price Technically Acceptable (LPTA)

*The lowest quote received will be evaluated first. If the lowest quote is found to be technically acceptable, no other evaluations will be made and an award will be made. If the lowest quote received is NOT technically acceptable, the next lowest quote received will be evaluated. This process will continue until an award decision is reached.

Please ensure that your quote contains the following Company Information:

Point of Contact (name, phone number, email address), Address, DUNS, CAGE code, and Tax ID number.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(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;

http://www.acquisition.gov/

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the

Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which 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 its stock is owned by one or more women; or

(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 electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-

3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) 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 to paragraphs (c)(8) and (9): 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--https://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.

(d) Certifications and 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 either to the Equal

Opportunity clause of this solicitation, the 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

Subparts 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:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli

Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

(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 (Jan 2004). 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 (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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 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 --

(1) The offeror and/or any of its principals ( ___ ) are, ( ___ ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

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

(3) ( ___ ) Are, ( ___ ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

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

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 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. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The

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

(1) Listed end products.

Listed End Product Listed Countriesof 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 it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or https://www.acquisition.gov/far/current/html/Subpart%2022_15.html#wp1088086 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…