Solicitation_16R2036.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 11. REQUISITION NUMBER PAGE1 OF 41

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

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 14. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE l\00178-16-R-2036 23-Jun-2016

7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No Ccllect Calls) 8. OFFER DUE DATE/LOCAL TIME

INFORMATION CALL: SAMA.NTHA. L GOSVV8-LEN 540-653-7089 02:00 Pllll 05 Jul 2016

9. ISSUED BY CODE I N00178 10. THIS ACQUISITION IS 0 UNRESTRICTED OR D SET ASIDE: ___ 'lo FOR :

NSWCDD 3

DSMALL BUSINESS

D V\OMEN-Ow-IED SMALL BUSINESS (V\OSB)

ATIN : SAMANTHA GOSWELLEN 17632 DAH LGREN ROAD

ELIGIBLE UNDER THE 'AOMEN-Ow-IED

SMALL BUSINESS PROGRAM

DAHLGREN VA 22448-5110

NAICS: DHUBZONE SMALL

DEDWOSB BUSINESS 541712

TE...: 540-653-7089 D SERVICE-DISABLED

DB(A)

SIZE STANDARD:

VETERAN-OWN ED

FAX: SMALL BUSINESS 500

11 . DELIVERY FOR FOB DESTINA- 12. DISCOUNTTERMS 13b. RATING

TION UNLESS BLOCK IS D 13a. THIS CONTRACT IS A

MARKED RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

D SEE SCHEDULE DRFQ 01FB ~RFP

15. DELIVER TO CODE I N00178 16. ADMIN ISTERED BY CODE I

NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

6220 TISDALE ROAD STE 159

DAHLGREN VA22448-5114

TEL: ( 540) 653-7306 FAX:

17a.CONTRACTOR/ GODEi I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I

OFFER OR CODE

TE...EftlONE NO.

D 17b. CHECK IF REMTTANCE IS DIFFERENT AND RJT 18b. SUBMT INVOICES TO ACXJRESS SHOVVN IN BLOCK 18a. UNLESS BLOCK

SUCH ADDRESS IN OFFER BELOW IS CHECKED D SEEADDENDUM

19. 20. 21. 22. 23. 24.

fTEM NO. SCHEDULE OF SUFf'LIES/ SERVICES QUANTITY UNrT UNrTPRJCE Al'vOUNT

SEE SCHEDULE

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

D 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 . 52.212-4. FAR 52.212-3. 52.212-5 ARE ATIACHED . AD DENDA DARE DARE NOT ATIACHED

D 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATIACHED . AD DENDA DARE DARE NOT ATIACHED

D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AN D RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

D 29. AWAR D OF CONTRACT: REF .

OFFER DATED . YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AN D CON DITIONS SPECIFIED. SET FORTH HEREIN , IS ACC EPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR )la.UNITED STATES OF AMERI CA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAMEANDTrTLEOFSIGNER

(TYPE OR PRl/\lT)

AUTHORIZED FOR LOCA.L REPRODUCTION

PREVIOUS EDrTION IS NOT USABLE

30c. DA.TESIGNED 3 lb . NAME OF CONTRACTING OFFICER

TEL :

EMAIL:

( T YPE OR PRINT) 3lc . DATE SIGNED

STANDA.RD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

I

PAGE2 OF41

(CONTI NUED)

19. 20. 21 . 22. 23. 24.

ITBvlNO. SCHEDULE OF SUFA...IES/ SERVICES QUANTITY UNrT UNrTPRICE ArvDUNrT

SEE SCHEDULE

32a. QUANTl1Y IN COLUMN 21 HAS BEEN

D RECEIVED D INSPECTED D

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

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

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321 . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

D COMPLETE D PARTIAL DFINAL I PARTIAL I I FINAL

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

AUTHORIZBJ FOR LQCA.L REFRODUCIDN

PREVIOUS EDITION IS NOT USABLE

41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MMIDD) I 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

A-escribed by GSA - FAR (48 CFR) 53.212

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY

0001 2,850

LABOR - ENGINEERS

FFP

FOB : Destination

ITEM NO SUPPLIES/SERVICES QUANTITY

0002 900

LABOR - TECHNICIANS

FFP

FOB : Destination

ITEM NO SUPPLIES/SERVICES QUANTITY

0003 I

MATERIALS

FFP

FOB: Destination

UNIT

Hours

UNIT

Hours

UNIT

Lot

UNIT PRICE

NET AMT

UNIT PRICE

NET AMT

UNIT PRICE

NET AMT

NOO 178-16-R-2036

AMOUNT

AMOUNT

AMOUNT

NOO 178-16-R-2036

ITEM NO SUPPLIES/SERVICES QUANTITY

UNIT

Lot

UNIT PRICE AMOUNT

TRAVEL

FFP

FOB: Destination

NON-PROPOGATING BATTERY SYSTEM

NET AMT

Statement of Work:

Non-propagating Battery System

1.0 Background:

In partnership with the Office ofNaval Research (ONR), the Naval Surface Warfare Center Dahlgren Division (NSWCDD) is currently investigating developmental non-propagating energy storage modules for future implementation into a variety of different naval systems.

2.0 Scope:

The purpose of this statement of work is to clearly define the support services and materials required from the contractor in order to facilitate the Government's Research and Development efforts within the realm of non propagating energy storage modules. The contractor shall provide engineering support services and technician support services including incidental materials related to battery system development, design, documentation, modeling, validation, and testing.

3.0 Requirements:

3.1 The contractor shall provide engineering and technician support towards the design of developmental 1 OOOV Battery Systems with integrated module cooling developed under BAA 13-009. Each Development Battery System shall consist of Battery Cabinets, Prototype high-voltage control unit (HVCU), experimental twelve-cell Lithium Iron Phosphate modules, and cabinet interconnects, all specifically designed for this effort. Incorporated into the battery system design will be ground fault protection, pre-charge functionality to account for capacitance on the system bus, State of Charge (SOC) accuracy with coulomb counting for Phosphate, interim fuses within the cell string, and safety systems (voltage and temperature monitoring I interrupt, redundant overcharge protection, Controller Area Network (CAN) Communications to the system).

3.2 The contractor shall provide incidental technical materials required for electrical and/or thermal isolation and/or conduction, as necessary for implementing non-propagating battery designs. The necessary materials are incidental to the services being performed which include:

VL30 Cells Monitoring Chips Conswnable Items Machine Shop I Welding Materials

4.0 Deliverables

4.1 The contractor shall provide monthly technical status reports for the duration of the period of performance

(CDRL AOOI).

4.2 The contractor shall provide one final report that explains all of the progress and technical advancements made on the integrated structure of the 1,000 VDC battery design (CDRL A002).

Page 5 of41

5.0 Period of Performance

The period ofperfonnance shall be the third and fourth quarter of2016.

6.0 Travel

The contractor will be required to travel in perfonnance of this contract. The number of trips and types of personnel traveling shall be limited to the minimum required to accomplish work requirements and shall be coordinated with the technical point of contact. All travel shall be conducted in accordance with the FAR 3 1.205-46, "Travel Costs," and the Federal Travel Regulations (FTR). The Government anticipates several trips to NSWC Crane (one week in duration) and to NSWC Philadelphia (one day in duration) during the period of performance of this contract.

7.0 Technical Points of Contact

Bret Coons

(540) 653-6183 Bret.Coons@navy.mil

Donald Hoffman

(215) 897-7304 Donald.Hoffman@navy.mil

John Heinze!

(215) 897-1413 John .Heinzel@navy. mil

INSPECTION AND ACCEPTANCE TER.T\1S

Supplies/services will be inspected/accepted at:

CUN INSPECT AT

0001 Destination 0002 Destination 0003 Destination 0004 Destination

DELIVERY INFORMATION

CUN DELIVERY DATE

0001 POP 01-JUN-2016 TO

30-SEP-2016

INSPECT BY

Government Government Government Government

ACCEPT AT

Destination Destination Destination Destination

ACCEPT BY

Government Government Government Government

QUANTITY SHIP TO ADDRESS DODAAC

N/A NAVAL SURFACE WARFARE CENTER NOOl78

RECEIVING OFFICER

6220 TISDALE ROAD STE 159

DAHLGREN VA 22448-5114

(540) 653-7306 FOB: Destination

0002 POP Ol-JUN-2016 TO

30-SEP-20 I 6

NIA (SAME AS PREVIOUS LOCATION)

FOB: Destination

0003 POP Ol-JUN-20I6 TO

30-SEP-2016

NIA (SAME AS PREVIOUS LOCATION)

FOB : Destination

0004 POP 0l-JUN-2016 TO

30-SEP-2016

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52 .204-7 52.204-13 52.204-16 52.204-17 52.204-18 52.204-19

52.209-2

52.209-10

52.209-11

52.211-15 52.212-4 52.212-5 (Dev)

52.222-3 52.222-19 52.222-21 52.222-26 52.222-35 52 .222-36 52 .222-37 52.222-50 52.225-13 52.225-25

52.232-18 52 .232-33

52.232-39 52.232-40

52.233- l 52.233-3 52.233-4 52.244-6 52.247-34

System for A ward Management System for Award Management Maintenance Commercial and Government Entity Code Reporting Ownership or Control of Offeror Commercial and Government Entity Code Maintenance Incorporation by Reference of Representations and Certifications.

Prohibition on Contracting with Inverted Domestic Corporations--Representation Prohibition on Contracting With Inverted Domestic Corporations Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law Defense Priority And Allocation Requirements Contract Tenns and Conditions--Commercial Items Contract Tenns and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation

2013-00019) Convict Labor Child Labor -- Cooperation with Authorities and Remedies Prohibition Of Segregated Facilities Equal Opportunity Equal Opportunity for Veterans Equal Opportunity for Workers with Disabilities Employment Reports on Veterans Combating Trafficking in Persons Restrictions on Certain Foreign Purchases Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

A vai la bi l ity Of Funds Payment by Electronic Funds Transfer--System for Award Management Unenforceability of Unauthorized Obligations Providing Acce lerated Payments to Small Business Subcontractors Disputes Protest After A ward Applicable Law for Breach of Contract Claim Subcontracts for Commercial Items F.0.B. Destination

JUL 2013

JUL 2013

JUL 2015

NOV 2014

JUL 2015

DEC 2014

NOV 2015

NOV 2015

FEB 2016

APR2008

MAY 2015

MAR2016

JUN 2003

FEB 2016

APR 2015

APR2015

OCT 2015

JUL 2014

FEB 2016

MAR2015

JUN 2008

OCT 2015

APR 1984

JUL2013

JUN 2013

DEC 2013

MAY2014

AUG 1996

OCT 2004

FEB 2016

NOV 1991

NOO 178-16-R-2036

N00178

NOOl78

N00178

252.203-7000

252.203-7002 252.203-7005

Requirements Relating to Compensation of Former DoD Officials Requirement to Inform Employees of Whistleblower Rights Representation Relating to Compensation of Former DoD Officials

SEP 2011

SEP 2013

NOV2011

252.204-0001 Line Item Specific: Single Funding SEP 2009 252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information DEC 2015

252.204-7009

252.204-7012

252.204-7015 252.225-7001

252.225-7048 252.227-7015 252.227-7037 252.232-7003

252.232-7010 252.243-7001 252.246-7007

252.247-7023

Controls Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information Safeguarding Covered Defense Information and Cyber Incident Reporting.

Disclosure of Information to Litigation Support Contractors Buy American And Balance Of Payments Program-- Basic (Nov 2014) Export-Controlled Items Technical Data--Commercial Items Validation of Restrictive Markings on Technical Data Electronic Submission of Payment Requests and Receiving Reports Levies on Contract Payments Pricing Of Contract Modifications Contractor Counterfeit Electronic Part Detection and Avoidance System Transportation of Supplies by Sea

CLAUSES IN CORPORA TED BY FULL TEXT

Ddl-F20 RECEIVING HOURS OF OPERATION

DEC 2015

DEC2015

FEB 2014

NOV 2014

JUN 2013

FEB 2014

JUN 2013

JUN 2012

DEC 2006

DEC 1991

MAY20I4

APR 2014

NOO 178-16-R-2036

All deliveries to the Receiving Officer, Dahlgren Division, Naval Surface Warfare Center, Dahlgren, VA shall be made Monday through Friday from 7:00 a.m. to 2:30 p.m., local time. Deliveries will not be accepted after 2:30 p.m. No deliveries will be made on government holidays.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR2016)

(a)( 1) The North American Industry Classification System (NAICS) code for this acquisition is 541712.

(2) The small business size standard is 500.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(l) If the provision at 52 .204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies .

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes :

( ) Paragraph (d) applies .

) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to lntluence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer ldentification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Perforrnance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1 , Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas .

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52 .219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas .

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52 .222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements . This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52 .223-1 , Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items ; or include the clause at 52 .223-2, Affirmative Procurement ofBiobased Products Under Service and Construction Contracts.

(xvi) 52.223-4, Recovered Material Certification . This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates l, II, and Ill.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25 ,000, the basic provision applies .

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533 , the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52 .225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification . This provision applies to all solicitations.

(xxi) 52.225-25 , Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certification. This provision applies to all solicitations.

Page 10 of41

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate 1, Estimate of Percentage of Recovered Material Content for EPA Designated Products (Alternate 1 only) .

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acguisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph ( c) of this provision have been entered or updated within 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 4.120 !); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 SAM.

(End of provision)

52 .211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional , or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must--

(I) Meet the salient physical , functional , or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements . Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block JO of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission ofoffers . Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(I) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Tenns of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address ;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52 .2 I 2-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(I 0) Past perfonnance infonnation, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant infonnation); and

(11) Ifthe offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all tenns, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or infonnation, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers . The offeror agrees to hold the prices in its offer finn for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers . Offerors are encouraged to submit multiple offers presenting alternative tenns and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

( 1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. Ifno time is specified in the solicitation, the time for receipt is 4:30 p.m. , local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer detennines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received .

(ii) However, a late modification of an otherwise successful offer, that makes its tenns more favorable to the Government, will be considered at any time it is received and may be accepted.

NOO 178- I 6-R-2036

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) !fan emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. lfthe solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers . An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received .

(h) Multiple awards . The Government may acc~pt any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability ofrequirements documents cited in the solicitation. (J)(i) The GSA Index ofFederal Specifications, Standards and Commercial Item Descriptions, FPMR Part I 01-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8 I 00, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 6 I 9-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(l )(i) of this provision.

Additional copies will be issued for a fee .

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https: //assist.dla.mil/online/starU).

(ii) Quick Search (http://guicksearch.dla.mil0.

(iii) ASSISTdocs.com (http ://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

NOO 178- I 6-R-2036

(ii) Phoning the DoDSSP Customer Service Desk (2 I 5) 697-2179, Mon-Fri , 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

U) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less ifthe solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern . If the offeror does not have a DUNS nwnber, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http: //fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for A ward Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation . If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(I) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

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

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

"Economically disadvantaged women-owned small business (EDWOSB) Concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

( 1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among famil y 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 of6 U.S .C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

(I) PSC 5510, Lumber and Related Basic Wood Materials ;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials .

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

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Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

Act of2007) 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 infonnation in Iran; or

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

(2) Does not include information or infonnational 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. l 702(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 5 I 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 pennanent and severe disability, the spouse or pennanent 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).

"Sm~ll bu~iness concern" means a concern, including its affi liates, that is independently owned and operated, not dominant 111 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 12 l 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 (l)(i) and (ii) of this definition .

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

(I) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger) . The term "successor" does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(I) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 10 I (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 sma ll 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) (I) 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.

NOOl 78-16-R-2036

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acguisition.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 thi s 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 (r) 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.

(I) 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 )(!) 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 ifthe offeror represented itse lf 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)(l) 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)(l) 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 ifthe offeror represented itself as a women owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ _ ] is, [ _ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ _ ] is, [ _ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the ~?SB 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 ifthe 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)(l) 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:

(I 0) HUBZone small business concern . (Complete only ifthe offeror represented itself as a small business concern in paragraph ( c)( 1) of this provision. ) The offerer 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)(lO)(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--

(I) Previous Contracts and Compliance.