N00406-18-Q-0217.docx

N0040618Q0217

Section SF 30 - BLOCK 14 CONTINUATION PAGE

NOTICE TO OFFERORS

NOTICE TO OFFERORS

1. QUESTIONS: All questions regarding this solicitation shall be submitted in writing (e-mail) to:

2. INTENDED PLACE OF PERFORMANCE: SRF-JRMC Yokosuka, Japan

3. EVALUATIONS: Proposals will be evaluated in accordance with paragraph entitled “Low Price Technically Acceptable Evaluation”. Ensure your proposal is submitted in accordance with paragraph entitled “Proposal Submittal Requirements (LPTA)”.

4. SOLICITATION: The entire completed and signed solicitation shall be returned as part of your offer. Also, be sure to complete all certifications in this solicitation.

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

SPECIFICATION:

This is in support of the USS STETHEM DDG63 which requires a Technical Representative(s) service contract to perform work on the NR2 and NR3 Low Pressure Air Compressor (LPAC).

1. GENERAL SCOPE OF WORK:

Repair the number 2 and number 3 low pressure air compressors (LPAC). Each LPAC requires Air-End replacement and overhaul of the filter and valve assemblies (5,000-hour maintenance).

2. REFERENCES:

1. S6220-EU-MMA-010: TECHNICAL MANUAL FOR COMPRESSOR, AIR LOW

PRESSURE, OIL-FREE, MODEL STAR 200C AND 200D WITH RIX PROGRAMMABLE LOGIC CONTROLLER

2. S6220-EE-TRS-010: TECHNICAL REPAIR STANDARD FOR COMPRESSOR, AIR LOW PRESSURE, OIL-FREE, MODEL STAR 200

3. OBJECTIVES FOR THE AIR-END REPLACEMENT & OVERHAUL SERIVCE:

The contractor shall preform the following objectives utilizing references 2.1 and 2.2 as guidance:

1. Replace STAR-200D Air-End.

2. Overhaul:

-Water filter assembly -Suction unloader valve -Air inlet filter assembly -Air-end check valve assembly -Potable water check valve -Injection water loop check valve -Pilot valve -Blowdown solenoid valve -Shut-off injection solenoid valve assembly -Separator assembly -Ball valves

3. All materials and tools required for Air-End replacement and component overhaul shall be provided by the contractor.

4. Report all discrepancies and/or new requirements to SRF JRMC.

4. EQUIPMENT IDENTIFICATION:

NR2 Low Pressure Air Compressor (LPAC):

NR3 Low Pressure Air Compressor (LPAC):

5. SRF & JRMC FURNISHED SUPPORT AND SERVICE:

- Crane and Rigging services.

- Temp Services (Water, Air, Elec, Lights, Ventilation)

- Technical Manuals

- Base and Ship Access

6. CONTRACTOR FURNISHED PROPERTY:

Air End Replacement Parts/ Materials.

Overhaul Replacement Parts/ Materials.

Tools required for Air-End Replacement and Overhaul.

Condition reports identifying any discrepancies/ new requirements.

7. PLACE OF PERFORMANCE:

Onboard a U.S. Navy ship located at Naval Ship Repair Facility and Japan Regional Maintenance Center, Yokosuka, Japan.

8. SURVEILLANCE OFFICER DESIGNATION:

To be provided with contract award.

9. PERIOD OF PERFORMANCE:

Contractor shall propose the number of onsite days including the total number of hours (inclusive of travel) and associated labor rates required to satisfy all contract requirements. Actual onsite days will be scheduled within the period of performance.

10. ESTIMATED WORK HOURS:

Normally, all work is performed between the hours of 8:00am and 4:45pm Monday through Friday. The contractor may be required to perform work outside the normal working hours.

11. TRAVEL REQUIREMENTS:

Travel is required and shall be the responsibility of the contractor.

12. GENERAL INFORMATION:

11.1 Nothing contained in the performance work statement shall relieve the Contractor from complying with applicable Federal, state, and local laws, codes, ordinances, and regulations, including the obtaining of licenses and permits that may be required for the Contractor or Subcontractor(s) to perform a particular function, such as hazardous waste handling or disposal, or example.

12.2 Medical treatment. Government emergency vehicles and medical personnel shall only be used in emergency situations affecting contractor personnel whose life may be in danger or who are seriously injured. Government facilities may be used in these instances as the first point of treatment. Transfer to a non-Government medical treatment facility shall be made as soon as possible and as determined by attending medical authorities.

13. CONTRACTOR IN THE WORKPLACE:

13.1 Identification. All Contractor spaces/desks shall be clearly marked as contractor spaces only.

13.2 All e-mail addresses used by contractor personnel shall identify the company name.

13.3 All contractor correspondence shall be clearly marked with company name or letterhead.

13.4. Contractor personnel shall insure that when answering telephones that they identify themselves as contractor personnel.

14. RESTRICTIONS:

14.1 Parking - Vehicles and equipment required by the Contractor to complete this contract must be registered with Security. Forms for obtaining vehicle passes and permits may be obtained from the Receiving Activity Point of Contact. Parking is available at or near the work site or at other authorized areas on the station. Contractor vehicles must be marked on the outside with the company name or logo or both. Failure not to comply may result in ticketing and/or loss of vehicle privileges.

14.2 Restricted Colors - Naval activities use the colors magenta and yellow to identify specially controlled materials. The contractor is specifically prohibited from using magenta and yellow colored plastic wrapping materials or bags, tape, or other covering materials.

14.3 Radio Restrictions - Operation of privately owned citizens band or amateur radio equipment (receive and transmit) within the geographic limits of the activity is prohibited. All radio equipment installed in privately owned motor vehicles must be turned off upon entering the premises.

14.4 Privately Owned Personal Computers and Cellular Telephones - The used of privately owned personal computers and cellular telephones by contractor personnel while on Naval .Installations is restricted. Contractors requiring such devices in the performance of this contract shall obtain a copy of the applicable parts of Naval instruction from the Contracting Officer.

14.5 Photography/Recording - Contractor personnel are prohibited from having photographic equipment, tape recorders, or other recording devices in their possession while inside the Operations Area (OA).

15. SAFETY AND ENVIRONMENTAL:

14.1 Safety Requirements. The contractor shall establish, administer, and enforce safety rules that will meet the current requirements of the Occupational Safety and Health Administration (OSHA), and all applicable work item references. Work to be performed under this contract shall be accomplished using the guidelines identified Contractors and Subcontractors. When necessary, work shall be coordinated with the Safety Department to ensure all safety and health requirements are considered.

15.2 Safety Equipment. The contractor shall provide their employees with all necessary safety equipment during the performance of work on this contract. All contractor personnel shall have in their possession and shall properly wear OSHA approved personnel protective safety equipment (i.e. hard-hats, steel-toe safety shoes, safety glasses and hearing protection). If required, the Contractor shall provide all appropriate safety barricades, signs, and signal lights required to properly isolate the area of work.

15.3 Prior to commencing work, the Contractor representative(s) shall arrange with the Receiving Activity Point of Contact, to meet in conference with the customer, shop supervision, and other necessary personnel to discuss and develop mutual understandings relative to the administration of the Safety Program.

15.4 Environmental Requirements. Work performed under this contract shall be in compliance with all Japanese, Navy, Federal, State and local regulations, and all work items references, pertaining to the environment at all times. When necessary, work shall be coordinated with the Environmental Department to ensure that regulations are considered.

15.5 Responsibilities. The contractor bears sole responsibility for the safety of his her employees and compliance with environmental regulations. Naval safety personnel will monitor the safety of procedures, conduct inspections of the workplace, and perform safety related investigations, evaluations. The contractor shall conduct routine inspections of work and storage areas under his cognizance to maintain compliance with the cleanliness, material and waste management, air and water pollution controls, and provides general oversight on the environmental issues associated with this contract.

15.6 Situations that warrant corrective action will be brought to the attention of the contractor through the Surveillance Officer. If violations could cause major damage or loss of life, Safety or Environmental personnel may contact contractor supervisory personnel on site and request corrective action or work stoppage. The contract officer will be notified immediately. The Commanding Officer has final authority for Station safety and environmental matters. He has delegated the Safety and Occupational Health Manager the authority to represent the Command in all safety matters and to resolve any disputes which may arise, and he has delegated the Environmental Manager the authority to represent the Command in all safety matters and to resolve any disputes, which may arise. Any interpretation of the various environmental regulations will be made by the Safety or Environmental Manager.

15.7 Accident Reporting. All accidents occurring on Station are reported to the Station Safety Department. If accidents occur after regular working hours the Command Duty Officer, shall be notified. Motor vehicle accidents occurring on Station are reported to both the Safety Department and Security Manager. In all cases, the accident scene must be preserved until the Government investigator has authorized movement of the materials and vehicles involved. Materials and equipment may be moved only as necessary to facilitate the removal of injured persons. The contractor shall forward a copy of all accident reports involving contractor employees to the COR. If Government property is involved, a copy of the accident report shall also be forwarded to the Government Property Administrator (GPA).

16. SECURITY:

15.1 Admittance to The Work: Upon contract award, employees or representatives of the Contractor may require access to the Receiving Activities Operations Area (OA) or Industrial Area (IA) and shall be admitted to the work site only after they have been issued a Security Pass/ID Badge.

16.2 Notice: Persons who are currently on probation or parole from a felony conviction cannot qualify for security clearances, and will be denied access to the activity.

16.3. It shall be the Contractor's responsibility to collect and account for all identification passes issued to their personnel at the expiration of the contract or when access is no longer required.

16.4 Foreign Nationals or Affiliations - Foreign Nationals (non U.S. Citizens) or persons affiliated with, or employed by, a foreign owned company will not be granted access to a Naval Activity's OA/IA, without prior written approval from Commander, Naval Sea Systems Command.

17. PERFORMANCE REQUIREMENT STATEMENT SUMMARY:

Combating Trafficking in Persons - Using mindful observance and attentive listening the Surveillance Officer will monitor the contractor’s performance regarding trafficking in persons such that non-compliance with FAR clause 52.222-50, Combating Trafficking in Persons, is brought to the immediate attention of the contracting officer.

AQL = Acceptable Quality Level

18. ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA):

18.1 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the U.S. Naval Ship Repair Facility (SRF) Yokosuka, Japan via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

18.2 Reporting inputs will be for the labor executed during the period of performance during each Governmental fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than Oct 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at http://www/ecmra.mil.

18.3 Technical questions regarding the ECMRA tools should be directed to the ECMRA help desk at dodcmra@pentagon.af.mil.

Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information (Jan 2017):

Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 – “DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD-12)” dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY:

This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance.

Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES:

Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Command’s Security Manager upon arrival to the Command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

ACCESS TO DOD IT SYSTEMS:

In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity’s Command Information Assurance Manager.

Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) or T5 or T5R equivalent investigation , which is a higher level investigation than the National Agency Check with Law and Credit (NACLC)/T3/T3R described below. Due to the privileged system access, an investigation suitable for High Risk national security positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in-process with the Navy Command’s Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-N; therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the “supervisor”.

The SAAR-N shall be forwarded to the Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

INTERIM ACCESS:

The Command's Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.

DENIAL OR TERMINATION OF ACCESS:

the potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.

CONTRACTOR’S SECURITY REPRESENTATIVE:

The contractor shall designate an employee to serve as the Contractor’s Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity’s Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor’s Security Representative. The Contractor’s Security Representative shall be the primary point of contact on any security matter. The Contractor’s Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES:

Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Contractor employees under this contract are recognized as Non-Critical Sensitive [ADP/IT-II] positions when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC or T3 or T3R equivalent investigation to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The investigation consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:

• SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product)

• Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

• Original Signed Release Statements

Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Command’s Security Manager upon arrival to the command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command’s Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date.

The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Command Security Manager. The Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM); Potential suitability or security issues identified may render the contractor employee ineligible for the assignment. An unfavorable determination is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Command’s Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DoD Central Adjudication Facility (CAF) for a determination.

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor’s Security Representative. Although the contractor will take JPAS “Owning” role over the contractor employee, the Navy Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee’s performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES:

Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc. ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:

• Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and

• Must have a favorably completed National Agency Check with Written Inquiries (NACI) or T1 investigation equivalent including a FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the Contractor’s Security Representative must submit for all employees each of the following:

• SF-85 Questionnaire for Non-Sensitive Positions

• Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

• Original Signed Release Statements

The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or T1 equivalent investigation, or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

LABOR

FFP

Proposed in accordance with the performance work statement.

FOB: Destination

MILSTRIP: N6275818RCUS841

PURCHASE REQUEST NUMBER: N6275818RCUS841

NET AMT

MATERIAL

Proposed in accordance with the performance work statement.

FOB: Destination

NET AMT

SHIPPING

Proposed in accordance with the performance work statement.

NET AMT

TRAVEL AND LIVING

Proposed in accordance with the performance work statement.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-NOV-2018

30-NOV-2018

30-NOV-2018

30-NOV-2018

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (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.

“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 posted on the SAMwebsite.

(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 representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (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 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.