N0018918QZ355-0003-Conform_Copy.docx

N0018918QZ355

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

Statement of Work (SOW) Naval Foundry and Propeller Center (NFPC) Facility’s Forklift and Reach Truck Rental Agreement

1. Scope:

a. In support of Propulsion manufacturing, the Naval Foundry and Propeller Center (NFPC) will require the following forklifts: one (1) 2,300/3,000 lb. capacity forklift, three (3) 4,000 lb. capacity forklifts, six (6) 6,000 lb. capacity forklifts, one (1) 6,000lb capacity forklift, one (1) 15,500 lb. capacity forklift, one (1) 21,000/22,000 lb. capacity forklift, one (1) 36,000 lb. capacity forklift, and one (1) 4,500 lb. capacity standup Narrow Aisle reach truck. The forklifts must have four (4) certified lift pads in order to lift them via crane if necessary. Forklifts must be able to utilize approved forklift attachments.

2. Period of Performance:

a. The period of performance (POP) associated with this SOW shall be for a twelve (12) month lease period from date of award.

3. Place of Performance:

Naval Foundry & Propeller Center 1701 Kitty Hawk Ave., Buildings 20, 1029, 592, 546, 1081 Philadelphia, PA 19112

4. REFERENCES:

a. 40 CFR 63.6625(i) or (j)

5. WORK REQUIREMENTS: The contractor shall provide one (1) forklift as follows:

a. Rated Capacity: 2,300/3,000 lbs. (minimum) at 24 inch load center

b. Minimum Turning Radius: N/A

c. Overall Width: Maximum 6’6”

d. Overall Length to Fork Face: N/A

e. Mast Lowered Height: Maximum 7’6”

f. Mast Extended Height: 13’

g. Maximum Lift Height: 12’

h. Fork Length: Minimum 36” / Maximum 48”

i. Fork Spacing: 24 inches (nominal)

j. Load Center: 24 inches (minimum)

k. Tires: Solid or foam filled

l. Fuel: N/A. Electric

m. Cab: N/A. Forklift will only be utilized indoor. Only safety cage required.

6. WORK REQUIREMENTS: The contractor shall provide three (3) forklifts as follows:

a. Rated Capacity: 4,000 lbs. (minimum) at 24 inch load center

b. Minimum Turning Radius: N/A

c. Overall Width: N/A

d. Overall Length to Fork Face: N/A

e. Mast Lowered Height: Maximum 8’10”

f. Mast Extended Height: 21’

g. Maximum Lift Height: 14’

h. Fork Length: Minimum 3’6” / Maximum 4’

i. Fork Spacing: 24 inches (nominal)

j. Load Center: 24 inches (minimum)

k. Tires: Solid or foam filled

l. Fuel: N/A. Electric

m. Cab: N/A. Forklift shall be capable of operation in wet conditions including rain.

n. Lifting Pads: Yes

7. WORK REQUIREMENTS: The contractor shall provide six (6) forklifts as follows:

a. Rated Capacity: 6,000 lbs. (minimum) at 24 inch load center

b. Minimum Turning Radius: N/A

c. Overall Width: N/A

d. Overall Length to Fork Face: N/A

e. Mast Lowered Height: Maximum 8’10”

f. Mast Extended Height: 21’

g. Maximum Lift Height: 14’

h. Fork Length: Minimum 6’

i. Fork Spacing: 24 inches (nominal)

j. Load Center: 24 inches (minimum)

k. Tires: Solid or foam filled

l. Fuel: Diesel

m. Cab: N/A. Forklift shall be capable of operation in wet conditions including rain.

n. Lifting Pads: Yes

8. WORK REQUIREMENTS: The contractor shall provide one (1) forklift as follows:

a. Rated Capacity: 6,000 lbs. (minimum) at 24 inch load center

b. Minimum Turning Radius: N/A

c. Overall Width: N/A

d. Overall Length to Fork Face: N/A

e. Mast Lowered Height: Maximum 8’10”

f. Mast Extended Height: Maximum 21’

g. Maximum Lift Height: 14’

h. Fork Thickness: N/A

i. Fork Spacing: 24 inches (nominal)

j. Load Center: 24 inches (minimum)

k. Tires: Solid or foam filled

l. Fuel: N/A. Electric

m. Cab: N/A. Forklift will be used indoor only.

9. WORK REQUIREMENTS: The contractor shall provide one (1) forklift as follows:

a. Rated Capacity: 15,500 lbs. (minimum) at 24 inch load center

b. Minimum Turning Radius: N/A

c. Overall Width: N/A

d. Overall Length to Fork Face: N/A

e. Mast Lowered Height: 8’10” Maximum

f. Mast Extended Height: N/A

g. Maximum Lift Height: 10’

h. Fork Length: Minimum 8’ / Maximum 10’

i. Fork Spacing: 24 inches (nominal)

j. Load Center: 24 inches (minimum)

k. Tires: Solid or foam filled

l. Fuel: Diesel

m. Cab: N/A. Forklift shall be capable of operation in wet conditions including rain.

n. Fork Hydraulics: Individual fork shifting capability.

10. WORK REQUIREMENTS: The contractor shall provide one (1) forklift as follows:

a. Rated Capacity: 21,000/22,000 lbs. (minimum) at 24 inch load center

b. Minimum Turning Radius: N/A

c. Overall Width: N/A

d. Overall Length to Fork Face: N/A

e. Mast Lowered Height: 12’6”

f. Mast Extended Height: N/A

g. Maximum Lift Height: 10’

h. Fork Length: Minimum 8’ / Maximum 10’

i. Fork Spacing: 24 inches (nominal)

j. Load Center: 24 inches (minimum)

k. Tires: Solid or foam filled

l. Fuel: Diesel

m. Cab: N/A. Forklift shall be capable of operation in wet conditions including rain.

n. Fork Hydraulics: Individual fork shifting capability.

11. WORK REQUIREMENTS: The contractor shall provide one (1) forklift as follows:

a. Rated Capacity: 36,000 lbs. (minimum) at 24 inch load center

b. Minimum Turning Radius: N/A

c. Overall Width: N/A

d. Overall Length to Fork Face: N/A

e. Mast Lowered Height: 12’6” Maximum

f. Mast Extended Height: N/A

g. Maximum Lift Height: 10’

h. Fork Length: Minimum 8’/ Maximum 10’

i. Fork Spacing: 24 inches (nominal)

j. Load Center: 24 inches (minimum)

k. Tires: Solid or foam filled

l. Fuel: Diesel

m. Cab: N/A. Forklift shall be capable of operation in wet conditions including rain.

n. Fork Hydraulics: Individual fork shifting capability.

12. WORK REQUIREMENTS: The contractor shall provide one (1) standup Narrow Aisle reach truck capable of operating in warehouses with racking separated by approximately 8’to 8’6” feet as follows:

a. Rated Capacity: 4,500 lbs. (minimum) at 24 inch load center

b. Minimum Turning Radius: N/A

c. Overall Width: N/A

d. Overall Length to Fork Face: N/A

e. Mast Lowered Height: N/A

f. Mast Extended Height: N/A

g. Maximum Lift Height: 12’6”

h. Fork Length: Minimum 3’6” / Maximum 4’

i. Fork Spacing: 24 inches (nominal)

j. Load Center: 24 inches (minimum)

k. Tires: Solid or foam filled

l. Fuel: N/A. Electric

m. Cab: N/A Forklift will only be utilized indoors.

13. Condition: Each forklift and reach truck shall be furnished in a safe and operational condition and shall be free of rust, other cosmetic defects, and prior damage.

14. Standards Compliance: The forklifts and reach truck shall meet all Industrial Truck Standard Development Foundation B56 Standards Committee (ITSDF B56 standards) as they establish the safety requirements relating to the elements of design, operation, and maintenance, the standardization relating to principal dimensions to facilitate interchangeability, and establishment of test methods, test procedure, for power and non-powered industrial trucks.

15. Delivery Lead Time- The contractor shall provide a date of delivery for each forklift model and descriptions.

16. Pre-Delivery Checks: The contractor shall ensure the following prior to delivery:

a. Provide reliable maintenance free battery and charger for each electric forklift and Narrow Aisle reach truck. (new condition or equivalent)

b. Inspect all hoses and belts for cracks, wear, etc. and replace items that are expected to fail within a year.

c. Change the engine oil or perform an engine oil analysis.

d. Operationally test the forklift.

17. Delivery Inspection:

a. At the time of delivery and before acceptance of the forklifts and reach truck or before any maintenance, repair, or replacement of the forklifts and reach truck, the contractor and an authorized government representative shall jointly inspect and document in writing the condition of the forklifts and reach truck in order to ensure that they meet the contract requirements. A signed copy by both parties relating to the inspection and condition of the forklifts and reach truck that are delivered and accepted by the government shall be retained by both parties. Upon completion of the period of performance (POP) and at the time of pickup, or prior to the return of the forklifts and reach truck to the contractor for maintenance, repair, or replacement during the POP, the contractor and an authorized Government representative shall jointly re-inspect the condition of the equipment and shall note any new conditions or damage on an additional written inspection document that shall be signed and retained by both parties. The contractor shall provide the report form to be used to inspect the condition of the forklifts and reach truck at delivery for maintenance, repair, or replacement of the forklifts and reach truck, and for the return of the forklifts and reach truck at the completion of the task order.

18. Technical Documentation:

a. The forklifts and reach truck shall have Operational and Maintenance manual(s), with detailed operating instructions specific for the equipment model provided.

19. Scheduled Maintenance:

a. The contractor shall be responsible for scheduled maintenance in accordance with the manufacture’s maintenance standards that may be required during the POP. The contractor shall describe any required or expected maintenance for the forklifts and reach truck in their proposal and shall also notify the NFPC technical POC 48-hours in advance of performing maintenance on the equipment.

20. Repair:

a. In the event that the forklifts or reach truck fails to operate at any time, the contractor shall supply a manufacture’s technical representative or a certified mechanic to respond on site within 48-hours of the notification of the problem. This requirement is in effect 24 hrs/day, excluding weekends and federal holidays. The contractor should generally be able to repair the forklifts and reach truck within 8 hours after notification from the government. If the equipment is not repairable within 8 hours within notification, and repairs are estimated to exceed more than 48 hours, the contractor shall provide a replacement forklift or reach truck within 24 hours.

21. Scheduled Pickup:

a. If the contractor is unable to complete a scheduled pickup at the end of the POP, the contractor shall immediately notify the Contracting Officer or other authorized government representative in order to provide an alternate date and time of pickup. The alternate date and time shall be within 24 hours of the originally scheduled pickup or as otherwise mutually agreed.

22. Government-Furnished Items – Property, Material, Equipment, Services

a. Lifting and Handling: The government shall provide lifting and handling services as required for the forklifts and reach truck.

b. Operation: The government will provide all required licensed personnel for all forklifts and reach truck operations.

c. Fuel: The government shall provide all fuel and personnel/equipment as required for forklift refueling.

d. Safety Inspection: Licensed NFPC forklift and reach truck operators shall perform a pre and post operational safety inspection of the forklifts and reach truck as part of daily use. If a forklift or reach truck is to be found defective, within need of repair/maintenance, or otherwise unsafe, it will be removed from service immediately and the contractor will be notified of the forklift or reach truck’s status.

e. Accident Reporting: If the forklift or reach truck is involved in an accident or mishap, it will be removed from service and the contractor will be notified of the forklift’s or reach truck’s status.

23. Security Requirements:

a. Clearance Level: At a minimum, all contractor personnel shall be United States citizens and be able to pass a local background check. Specific trade support requests submitted on the task order will detail what level of US Government Security Clearance is required for the specific work to be performed. An inability to pass the required background check as specified in the task Order will be cause for dismissal of ineligible employee.

b. Visit Request: The Contractor shall provide visit requests and clearances for contractor personnel performing work on this contract and resulting Task Orders. The Contractor must check the Contractor Verification System within three (3) days prior to start of job for contractor employee’s clearance verification. Cleared contractor employees may report to NNSY/NFPC Security / Pass Office Building 712 to pick up appropriate color NAVSEA badge within 90 days of clearance but within five (5) days prior to arrival. The Contractor shall comply with all current badging and security procedures required to gain access to any Government site listed in this Performance Work Statement (PWS).

c. CVS. Contractors/subcontractors shall submit Visit Request using the NNSY version of the Contractor Verification System Excel Spreadsheet (CVS). The NNSY CVS spreadsheet may be obtained at https://www.cnic.navy.mil/regions/cnrma/om/contractor_verification_system.html under the link titled “NNSY Visitor and Contractor CAC Form.” The Contractor must complete all cells in the Visit, Visitor and Sponsor Information columns for each employee. The sheet should be saved and submitted electronically via encrypted e-mail to m_cnic_cnrma_cvs@navy.mil (NNSY SMO Code: 001816) and Cc: NNSY TL COR up to ninety (90) days but no later than ten (10) business days prior to entering the installation.

d. Badging: Contractor employees shall require an individual NAVSEA identification badge, and may require additional badges i.e., CAC, to gain access to job sites. One day shipyard access badges do not meet proper badging requirements. In no case will a One Day badge be considered sufficient to meet the badging requirement.

e. Lack of proper identification badge(s) shall result in denial of access to the Naval Installation, and/or the ship, resulting in a delay at the Contractor's expense.

f. Contractor personnel are authorized to retain temporary badges until the badge expiration date or termination of employment. Upon badge expiration date, termination of employment, or completion of contract, the Contractor is required to immediately notify the Contracting Officer’s Security Officer and return all badges.

g. Badges must be displayed on the outermost garment above the waist at all times. The only exception would be while the contractor personnel are engaged in work which could cause a safety hazard if the badge were worn while performing the work.

h. Lost or misplaced badges shall be reported immediately to the Contracting Officer’s Security Officer, or to the NNSY Security & Pass Office.

i. All additional badging or access requirements will be identified on a case-by-case basis via individual Task Order.

j. Parking: Contractor personnel must prominently display company logo/identification on all company vehicles prior to entering NFPC’s facility.

k. Cell phones: Cell phones equipped with cameras are PROHIBITED in the Controlled Access Area (CAA). Violators will be disciplined under NNSY Camera Cell Phone Policy which could include handcuff of person and/or confiscation of cellphone with camera or any recording device. Any individual found with a functioning camera phone with unauthorized photos will have their phones permanently confiscated. Findings may be referred to NCIS. The government will not be responsible for replacing the device.

24. Travel Requirements:

a. The contractor shall arrange delivery of the forklifts, battery chargers and Narrow Aisle reach truck to and from the delivery location. Delivery location will be Building 20, Naval Foundry & Propeller Center.

25. Government Technical Point of Contact (TPOC):

a. TPOC shall be provided at time of award.

DESCRIPTION ON DELIVERY

Please provide Delivery lead times by model and description on all forklift specifications. This is for informational planning purposes ONLY and IS NOT an evaluation factor for contract award.

3000 lb. capacity Forklift Lease

FFP

1 year lease of one (1) forklift rental for the Naval Foundry and Propeller Center. Please see attached Statement of Work for Specifications.

FOB: Destination

MILSTRIP: N4215818RC80385

PURCHASE REQUEST NUMBER: N4215818RC80385

NET AMT

4000 lb capacity Forklift rental

1 year lease of three(3) forklift rental for the Naval Foundry and Propeller Center. Please see attached Statement of Work for Specifications.

FOB: Destination

NET AMT

6000 lb capacity Forklift rental

1 year lease of six (6) forklift rental for the Naval Foundry and Propeller Center. Please see attached Statement of Work for Specifications.

NET AMT

6000 lb capacity Forklift rental

1 year lease of one (1) forklift rental for the Naval Foundry and Propeller Center. Please see attached Statement of Work for Specifications.

NET AMT

15500 lb capacity Forklift rental

1 year lease of one (1) forklift rental for the Naval Foundry and Propeller Center. Please see attached Statement of Work for Specifications.

NET AMT

22000 lb capacity Forklift rental

1 year lease of one (1) forklift rental for the Naval Foundry and Propeller Center. Please see attached Statement of Work for Specifications.

NET AMT

36000 lb capacity Forklift rental

1 year lease of one (1) forklift rental for the Naval Foundry and Propeller Center. Please see attached Statement of Work for Specifications.

NET AMT

4500 lb capacity Forklift rental

1 year lease of one (1) forklift rental for the Naval Foundry and Propeller Center. Please see attached Statement of Work for Specifications.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

08-JUN-2019

TOM NEHER 215-897-2258

NORFOLK NAVAL SHIPYARD DETACHMENT

1701 KITTY HAWK AVE BLDG 20A GATE #3

PHILADELPHIA PA 19112-5087

215-897-2258

N42158

08-JUN-2019

08-JUN-2019

08-JUN-2019

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

The Government intends to award a contract resulting from this solicitation to the responsible offeror whose quote is the most advantageous to the Governement and on a best value basis. By submission of its quote, the quoter accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being determined technically unacceptable. Quoters must clearly identify any exception to the solicitation and conditions and provide complete accompanying rationale. The quoter’s submission shall be in the form prescribed by, and shall contain a response to each of the areas identified in the solicitation provision entitled “Submission of Quotes.”

Award will be issued to the responsible quoter whose submission is the Best Value to the Government utilizing Tradeoff Procedures. The non-price factor that will be used to determine technical acceptability is as follows:

· Past Performance

The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. The quoter may provide information on problems encountered on the identified contracts and the quoter’s corrective actions. The quoter should provide the information requested herein for past performance evaluation, or affirmatively state that it possesses no relevant directly related or similar past performance. The Government will consider the quality of quoter’s relevant past performance. This consideration is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the quoter’s past performance will be used as a means of evaluating the capability of the quoter and other competitors to successfully meet the requirements of the RFQ. When performance is evaluated, the outcome is either acceptable or unacceptable. Unacceptable performance will disqualify a quoter from award.

NOTE: FAR 15.305(a)(2)(iv) – In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available, the quoter may not be evaluated favorably or unfavorably in past performance.

The method of evaluation used by the Contracting Officer is solely within the discretion of the Contracting Officer.

For the purpose of preparing a price quote, the quoter shall assume that the basic period of performance shall be as follows:

· Period of Performance: 09 June 2018 through 08 June 2019

The evaluation factors shall be based on Price Factors: PRICE and Non Price Factors: PAST PERFORMANCE where PAST PERFORMANCE will be considered more important than PRICE

A written notice of award or acceptance of an quote, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote's specified expiration time, the Government may accept an quote (or part of an quote), 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 (NOV 2017)

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 located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(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.

“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 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.

“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--

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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:

(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:

(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:

(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 the offeror and/or any of its principals--

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

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

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

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.