N0018920Q0460.docx

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Security Supplies and Installation Federal contract opportunity
Solicitation number
N0018920Q0460
Issued by
Department of the Navy Naval Supply Systems Command

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Brand Name Justification Kaba llco _Redacted.pdf PDF
Brand Name Justification Insta Key _Redacted.pdf PDF
Brand Name Justification Maglocks _Redacted.pdf PDF
Brand Name Justification Lockmasters _Redacted.pdf PDF
Brand Name Justification Interlogix _Redacted.pdf PDF
Brand Name Justification Lenel _Redacted.pdf PDF
Brand Name Justification Assa Abloy _Redacted.pdf PDF
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N0018920Q0460

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

STATEMENT OF WORK (SOW)

HOPPER HALL SECURITY EQUIPMENT

U.S. NAVAL ACADEMY

ANNAPOLIS, MARYLAND

Project Management: This project will include procurement and installation of security hardware in a secure space in Hopper Hall at the U.S. Naval Academy in Annapolis, MD. The building is located on the grounds of the U.S. Naval Academy and all personnel accessing the base will be required to obtain an access pass onto the Installation. In addition, the installer must be CRZH UL 2050 Extent 3 certified and provide installation in accordance with latest ICD 705 standards.

There is a freight elevator in the building and it will be made available for the installer during the installation period. There is no loading dock on the building.

All work shall be performed during M-F normal working hours 8am-5pm.

The installation shall begin no later than 01 September 2020 and be completed by 30 September 2020.

The product description presented provides the minimum requirements for the procurement and installation of hardware. All items shall meet these requirements. The specified items cannot be substituted due to coordination with utility rough-in and door/frame preparations that are already in place for this work.

Note that all ceilings in this space are open to structure above and do not have lay-in ceiling systems installed. Any cabling installed under this contract shall be installed in a neat fashion and distributed via the existing cable paths and trays in the spaces.

I. List of components to be provided and installed include the following items:

1. Cipher Lock

a. Quantity 10 of each item

b. Location: Doors 451, 453, 454, 455, 456, 458, 465, 466, 470, 479

c. Manufacturer/Item #: Kaba Ilco, 5066-(XX)-WL-26DxLESS CYL, 26D

d. Installation will be completed via this contract. Remove existing office, storeroom or classroom lock and install new cipher lock. Turn existing hardware over to the Government Representative.

e. Lock cores for these doors shall be provided by Insta-Key and be coordinated with the master keying schedule for this building. POC: Jesse Larson, jlarson@instakey.com, P: 800-316-5397 x104

2. Warning Light

a. Quantity 9 of each light

b. Location: Lights are in rooms 450, 458, 459 (Qty 3), 466, 470, 474, 479 for lights. Both switches are in hallway 459.

c. Manufacturer/Item #: Brand Name or Equal: Edwards Signaling, 125HALFR120AB, 120V AC, 0.200A, RED, 125LR

d. Power has been roughed-in via separate contract. Installation and termination of rough-ins will be completed via this contract.

3. ACS/IDS Premise Control Unit.

a. Quantity 1 of each item

b. Location: Room 457

c. Manufacturer/Item #: Lenel, LNL-X4420, LNL-1300S2, LNL-1200-16DOR

d. Power has been roughed-in via separate contract. Installation and termination of rough-ins will be completed via this contract.

4. Balance Magnetic Switch

a. Quantity 5

b. Location: Doors 449, 452A, 457, 459B

c. Manufacturer/Item #: Interlogix,SHS-L200

d. Installation: (4) are required for installation; (1) is attic stock to be turned over to the Government representative. Security cabling has been roughed-in via separate contract. Doors and frames have been prepped for this hardware. Installation and termination of rough-ins will be completed via this contract.

5. Card Reader with Keypad

a. Quantity 5

b. Location: Doors 449 (entry), 452A (entry and exit), 457 (entry)

c. Manufacturer/Item #: HID Global,RPK40-H 921PHP

d. Installation: (4) are required for installation, (1) is attic stock to be turned over to the Government representative. Low voltage power has been roughed-in via separate contract. Installation and termination of rough-ins will be completed via this contract.

6. Camera and Video Recorder

a. Quantity: 2 cameras, one recorder

b. Location: On unsecure side of doors 452A, 459B

c. Manufacturer/Item #: Qty 2 Brand Name or Equal: Bosch, NIN-73023-A3Ax 3-9mm - 1080p, Qty 1 Lenel, DVC-LP-B-A00-01-2T.

d. Installation: Power over ethernet has been roughed-in via separate contract for the camera at door 452A and the video recorder. The camera at 459A does not have rough-in of CAT 6A ethernet cable or 1” conduit back to the recorder and that will be part of this contract. Installation and termination of rough-ins will be completed via this contract.

7. Keypad

a. Quantity 1

b. Location: Door 452A

c. Manufacturer/Item #: Lenel, LNL-CK

d. Installation: Power has been roughed-in via separate contract. Installation and termination of rough-ins will be completed via this contract.

8. Motion Sensor

a. Quantity 16

b. Location: Rooms 449, 450 (Qty 2), 451, 453, 454, 456, 457, 458, 459 (Qty 2), 465, 466, 470, 474, 479

c. Manufacturer/Item #: Brand Name or Equal Bosch, DS939

d. Installation: Power has been roughed-in via separate contract. Installation and termination of rough-ins will be completed via this contract.

9. ACS/IDS/CCTV Workstation

a. Quantity 1

b. Location: Room 457

c. Manufacturer/Item #: Lenel OnGuard 7.3+ (or latest version) installed on existing government workstation

d. Installation: Install software on existing government computer.

10. Door Hinges

a. Quantity: 2

b. Location: Door openings 449, 457

c. Manufacturer/Item #: ASSA ABLOY ElectroLynx, H018 Hinges TA714 4 ½ X4 ½ QC10 26D

d. Installation: Doors and door frames have been prepped for this equipment. Installation and termination of power/cables shall be performed via this contract.

11. Harness

a. Quantity: 2

b. Location: Door Openings 449, 457

c. Manufacturer/Item #: ASSA ABLOY, M003 - ElectroLynx Harness QC-C206P

d. Installation: Doors and door frames have been prepped for this equipment. Installation and termination of power/cables shall be performed via this contract.

12. Harness

a. Quantity: 2

b. Location: Door Openings 449, 457

c. Manufacturer/Item #: ASSA ABLOY, M004 - ElectroLynx Harness QC-C1500P

d. Installation: Doors and door frames have been prepped for this equipment. Installation and termination of power/cables shall be performed via this contract.

13. Magnetic Lock

a. Quantity: 2

b. Location: Door Openings 459B, 452B

c. Manufacturer/Item #: Maglocks IMXDA

d. Installation: Doors and door frames have been prepped for this equipment. Installation and termination of power/cables shall be performed via this contract.

14. Power Supply

a. Quantity: 2

b. Location: Door Openings 449, 457

c. Manufacturer/Item #: ASSA ABLOY, M006 - EcoPower EPS-05

d. Installation: Doors and door frames have been prepped for this equipment. Installation and termination of power/cables shall be performed via this contract.

15. High Security Lock

a. Quantity: 1

b. Location: Door Openings 452A

c. Manufacturer/Item #: Lockmasters Inc, L011 - High Security Lock LKM7003-X10 X STRIKE #1 26D

d. Installation: Doors and door frames have been prepped for this equipment. Installation and termination of power/cables shall be performed via this contract.

16. High Security Lock

a. Quantity: 1

b. Location: Door Openings 459B

c. Manufacturer/Item #: Lockmasters Inc, L012 - High Security Lock LKM7002 X STRIKE 26D

d. Installation: Doors and door frames have been prepped for this equipment. Installation and termination of power/cables shall be performed via this contract.

17. Electrical Fail Secure Mortise Lock

a. Quantity: 2

b. Location: Door Openings 449, 457

c. Manufacturer/Item #: Assa Abloy L037 LC NAC 82271 LNL 1 ¼” CTE XX 26D

d. Installation: Doors and door frames have been prepped for this equipment. Installation and termination of power/cables shall be performed via this contract.

18. Emergency Door Release

a. Quantity: 1

b. Location: Door 459B

c. Manufacturer/Item #: Assa Abloy ALARM CONTROLS TS-25 Emergency Door Release

d. Installation: Doors and door frames have been prepped for this hardware.

ADDENDUM TO FAR 52.212-2

The Government intends to solicit and award under other than full and open competition. Therefore, the vendor’s initial quote shall contain the vendor's best terms from a price standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

1) At the time of solicitation closing date, the quoters shall submit their quote via electronic submittal to gilbert.dobison@navy.mil. Only electronic submissions shall be accepted.

2) Price quotes will be due on the closing date of subject RFQ and must be held firm for sixty (60) days.

3) Submission of Quotation in addition to FAR 52.212-1, Instructions to Quoters - Commercial Items, the following information is provided. Quotes must include the completed solicitation documents as follows:

· A complete and signed Standard Form 1449, Solicitation/Contract/Order for Commercial Items, and executed copy of Amendments, if applicable, completed by the quoter.

· RFQ Section - Schedule of Supplies/Services - completed by the quoter.

· All supplemental information to support proposed price, to include but not limited to copies of previously paid invoices, sales history for the same or similar items, price list with effective date and / or copies of catalog pages along with any applicable discounts.

· Unless completed in SAM, RFQ Section, Representations, Certifications and Other Statements of Vendors, completed by the vendor completed by the offeror in accordance with FAR 52.204-8 and DFARS 252.204-7007 Alt. A.

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
10
Each

Cipher

FFP

Brand Name in accordance with the Statement of Work (SOW).

FOB: Destination

MILSTRIP: N0016120RC94067

PURCHASE REQUEST NUMBER: N0016120RC94067

SIGNAL CODE: J

PSC CD: N063

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
9
Each

Warning Lights

Brand Name or Equal in accordance with the Statement of Work (SOW).

FOB: Destination

MILSTRIP: N0016120RC94067

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

ACS/IDS Premise Control Unit

Brand Namein accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
5
Each

Balance Magnetic Switch

Brand Name in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
5
Each

CAC Reader w/Keypad

Brand Name in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2
Each

Camera and Video Recorder

Brand Name or Equal in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Keypad

Brand Name in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
16
Each

Motion Sensor

Brand Name or Equal in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

ACS/IDS/CCTV Workstation

Brand Name in accordance with Statement of Work (SOW) FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2
Each

Door Hinges

Brand Name in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2
Each

Harness

Brand Name in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2
Each

Harness

Brand Name in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2
Each

Magnetic Lock

Brand Name in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2
Each

Power Supply

Brand Name in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

High Security Lock

Brand Name in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

High Security Lock

Brand Name in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2
Each

Electrical Fail Secure Mortise Lock

Brand Name in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Emergency Door Release

Brand Name in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

Installation

In accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
0002
Destination
Government
Destination
Government
0003
Destination
Government
Destination
Government
0004
Destination
Government
Destination
Government
0005
Destination
Government
Destination
Government
0006
Destination
Government
Destination
Government
0007
Destination
Government
Destination
Government
0008
Destination
Government
Destination
Government
0009
Destination
Government
Destination
Government
0010
Destination
Government
Destination
Government
0011
Destination
Government
Destination
Government
0012
Destination
Government
Destination
Government
0013
Destination
Government
Destination
Government
0014
Destination
Government
Destination
Government
0015
Destination
Government
Destination
Government
0016
Destination
Government
Destination
Government
0017
Destination
Government
Destination
Government
0018
Destination
Government
Destination
Government
0019
Destination
Government
Destination
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
30 dys. ADC
10
DEPUTY FOR FACILITIES AND CONSTRUCTION

SARA G. PHILLIPS, R.A., AIA

HOPPER HALL

597 MCNAIR ROAD

ANNAPOLIS MD 21402

410-293-1516 FOB: Destination N00161

0002
30 dys. ADC
9
(SAME AS PREVIOUS LOCATION)

N00161

0003
30 dys. ADC
1
(SAME AS PREVIOUS LOCATION)

N00161

0004
30 dys. ADC
5
(SAME AS PREVIOUS LOCATION)

N00161

0005
30 dys. ADC
5
(SAME AS PREVIOUS LOCATION)

N00161

0006
30 dys. ADC
2
(SAME AS PREVIOUS LOCATION)

N00161

0007
30 dys. ADC
1
(SAME AS PREVIOUS LOCATION)

N00161

0008
30 dys. ADC
16
(SAME AS PREVIOUS LOCATION)

N00161

0009
30 dys. ADC
1
(SAME AS PREVIOUS LOCATION)

N00161

0010
30 dys. ADC
2
(SAME AS PREVIOUS LOCATION)

N00161

0011
30 dys. ADC
2
(SAME AS PREVIOUS LOCATION)

N00161

0012
30 dys. ADC
2
(SAME AS PREVIOUS LOCATION)

N00161

0013
30 dys. ADC
2
(SAME AS PREVIOUS LOCATION)

N00161

0014
30 dys. ADC
2
(SAME AS PREVIOUS LOCATION)

N00161

0015
30 dys. ADC
1
(SAME AS PREVIOUS LOCATION)

N00161

0016
30 dys. ADC
1
(SAME AS PREVIOUS LOCATION)

N00161

0017
30 dys. ADC
2
(SAME AS PREVIOUS LOCATION)

N00161

0018
30 dys. ADC
1
(SAME AS PREVIOUS LOCATION)

N00161

0019
POP 15-SEP-2020 TO

15-OCT-2020

N/A
(SAME AS PREVIOUS LOCATION)

N00161

CLAUSES INCORPORATED BY REFERENCE

52.203-18
Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation
JAN 2017
52.203-19
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-7
System for Award Management
OCT 2018
52.204-13
System for Award Management Maintenance
OCT 2018
52.204-16
Commercial and Government Entity Code Reporting
JUL 2016
52.204-18
Commercial and Government Entity Code Maintenance
JUL 2016
52.204-22
Alternative Line Item Proposal
JAN 2017
52.204-24
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
DEC 2019
52.211-6
Brand Name or Equal
AUG 1999
52.212-1
Instructions to Offerors--Commercial Items
JUN 2020
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
52.222-41
Service Contract Labor Standards
AUG 2018
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.237-1
Site Visit
APR 1984
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.247-34
F.O.B. Destination
NOV 1991
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7018
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
DEC 2019
252.211-7003
Item Unique Identification and Valuation
MAR 2016
252.225-7048
Export-Controlled Items
JUN 2013
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010
Levies on Contract Payments
DEC 2006
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.244-7000
Subcontracts for Commercial Items
JUN 2013
252.247-7023
Transportation of Supplies by Sea
FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

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

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quoters:

The Government intends to award a firm-fixed priced contract to the responsible quoter whose quote represents the best value after evaluation in accordance with the factors in the solicitation.

The Government intends to award the contract without discussions. The establishment of a competitive range is not anticipated. Accordingly, each quoter should submit its most favorable terms from a price and technical standpoint. However, the Government reserves the right to establish a competitive range and conduct discussions if later determined by the Procuring Contracting Officer to be necessary.

In order to be considered Acceptable, quoters must receive an acceptable rating for Factor I in its entirety. Unacceptable technical rating will not be further evaluated and will not be considered for award.

Evaluation of Factors

Volume I Non-Price Factor

Factor I – Brand Name & “Brand Name or Equal”

This volume shall address this factor and include all information required for quote evaluation. This volume of the quote shall exclude any reference to the price aspects of the quote.

The requirement is Brand Name &“Brand Name or Equal” if Brand Name item is not quoted the equal item shall meet salient characteristic, non-price factor required.

The below rating table will be used in the evaluation of the non-price Factor 1, Brand Name & “Brand Name or Equal”.

Rating
Description

Acceptable

Quote meets the requirements of the solicitation.

Unacceptable

Quote does not meet the requirements of the solicitation.

Volume II – Price

Price quotes will be evaluated in accordance with FAR Part 13. The Government will evaluate quotes for award purposes by evaluating the total price for the requirement. The specifications contained in the “Schedule of Supplies”.

The Quoter’s proposed price will be evaluated on the basis of price reasonableness. The evaluation may include, but is not limited to:

a. Price comparison with other Quoters

b. Comparison with Independent Government Estimate (IGE)

The Government will award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote/offer which indicates that quote/offer may not represent best value. In that case, the Government reserves the right to consider the past performance of other quotes/offers, conduct a price, past performance tradeoff, and award to other than the lowest price quote/offer.

Please refer to Beta.SAM.gov for additional solicitation information.

Written Notice

A written notice of award or acceptance of a quote e-mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quoter’s specified expiration time, the Government may accept a quote, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision-- “Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

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

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

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

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

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

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

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

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO.
COUNTRY OF ORIGIN
___
___
___
___
___
___

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

LINE ITEM NO.
COUNTRY OF ORIGIN
___
___
___
___
___
___

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

Other Foreign End Products:

LINE ITEM NO.
COUNTRY OF ORIGIN
___
___
___
___
___
___

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No.:
Country of Origin:
___
___
___
___
___
___

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

Line Item No.:
Country of Origin:
___
___
___
___
___
___

(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

Line Item No.:
Country of Origin:
___
___
___
___
___
___

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

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

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

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

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

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

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

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

(ii) Examples.

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

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product:
Listed Countries of Origin:
___
___
___
___
___
___

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

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