18-Q-0326.docx
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- TECH REP FOR CPP SYSTEM Federal contract opportunity
- Solicitation number
- N0040618Q0326
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N0040618Q0326
Section SF 30 - BLOCK 14 CONTINUATION PAGE
NOTICE TO OFFERORS
1. QUESTIONS: All questions regarding this solicitation shall be submitted in writing (e-mail) to:
| NAVSUP FLC Puget Sound |
| Regional Contracting Department |
| 467 W Street, Second Floor |
| Bremerton, WA 98314 |
| Purchasing Agent, FERBIEN ENCOMIENDA, Code 241FE |
| E-Mail: FERBIEN.ENCOMIENDA@NAVY.MIL |
2. EVALUATIONS: Proposals will be evaluated in accordance with paragraph entitled “Evaluations of Quotations / Offers”. Ensure your proposal is submitted in accordance with paragraph entitled “Evaluations of Quotations / Offers”.
3. 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.
4. See attached Performance Work Statement for service requirement.
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT
1. GENERAL SCOPE OF WORK:
This performance work statement (PWS) defines the scope of the contract; identifies technical reference documents applicable to performance of this contract; and describes the general tasks that the Government will require under this contract. Work will be accomplished at Naval Base Yokosuka, Ship Repair Facility — Japan Regional Maintenance Center (SRF-JRMC). The Government intends to utilize this contract is in support of the USS JOHN S. MCCAIN (DDG-56) 2017/18 Emergent Docking Availability, in which SRF-JRMC requires a Technical Representative (Tech Rep) for the CPP SYSTEM.
SRF-JRMC has removed the No. 1 (STBD) and No.2 (PORT) Oil Distribution (OD) Box System, Propeller Blades, Blade Bolts, Propeller Hub, Valve Rod Assembly and Prairie Air Tube Assembly of the No. One (STBD) Controllable Pitch Propeller (CPP) System. The Tech Rep is required to support SRF & JRMC shop personnel by providing on-site service, technical assistance and guidance for disassembly, inspection, repair assembly, testing and adjustment of the oil distribution box manufactured by Rolls-Royce Marine North America Inc. (P/N: 115657175).
The Tech Rep shall provide on-site support for SRF & JRMC to overhaul and test No. 1 and No.2 CPP Oil Distribution (OD)Box. The location of work to be performed is in shop 38X at SRF & JRMC Yokosuka, Japan.
2. REFERENCES:
A Process Control Procedure (PCP) per NAVSEA Standard Item 009-09 TOP DWG CPCH PROP SYS ARR, 115651020
3. OBJECTIVES OF THE PROPULSION SYSTEM:
1. Contractor shall assist SRF shops with the repair, overhaul and testing evolution.
2. Contractor shall maintain communication with SRF-Yokosuka, Japan during each aspect of the repair, overhaul, and testing evolution.
4. GOVERNMENT FURNISHED PROPERTY:
The requiring naval activity shall provide:
1. Workspace as required for the repair, overhaul and testing in Shop X38.
2. Verify the condition of major component No.l Oily Distribution (01)) Box
5. CONTRACTOR FURNISHED PROPERTY:
The contractor Subject Matter Expert (SME) shall provide his expertise during the repair and/ or testing of the major component, No. 1 and No.2 OD Box.
6. PLACE OF PERFORMANCE:
The worksite is the U.S. Naval Ship Repair Facility (SRF), Yokosuka, Japan.
7. SURVEILLANCE OFFICER DESIGNATION: The Surveillance Officer for this task is Business Agent: Alheid Hayes Office (from U.s.): 011-81-46-816-3765 Email: Address: Hayes.Alheid@srf.navy.mil U.S. Naval Ship Repair Facility and JRMC, Yokosuka, Japan
8. PERIOD OF PERFORMANCE:
20-Aug-18 to 23-Aug-18 (4 days)
9. 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.
10. TRAVEL REQUIREMENTS:
N/A.
11. 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.
1 1.2 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.
12. CONTRACTOR IN THE WORKPLACE:
12.1 Identification. All Contractor spaces/desks shall be clearly marked as contractor spaces only.
12.2 All e-mail addresses used by contractor personnel shall identify the company name.
12.3 All contractor correspondence shall be clearly marked with company name or letterhead.
12.4 Contractor personnel shall insure that when answering telephones that they identify themselves as contractor personnel.
13. RESTRICTIONS:
13.1 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.
13.2 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.
13.3 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.
13.4 Privately Owned Personal Computers and Cellular Telephones - The used of privately owned personal computers and cellular telephones by contractor personnel while on Naval .lnstallations 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.
13.5 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).
14. 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.
14.2 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.
14.3 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.
14.4 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.
10.5 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.
14.6 Situations that warrant corrective action will be brought to the attention of the contractor through the Contracting Officer Representative (COR). 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 COR 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.
14.7 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).
15. 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.
15.2 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.
15.3. 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.
15.4 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.
16. PERFORMANCE REQUIREMENT STATEMENT SUMMARY
| Primary Performance Standard |
| Performance Standard/AQL |
| Performance Assessment Method |
| Flushing of the port and starboard CPP system services performed meets review of performance under NSTM 262 standards |
| Services performed meet requirements 100% of the time |
| Review of performance by Surveillance Officer |
| Removal and reinstallation of required items |
| Services performed meet re uirements 100% of the time |
| Review of performance by Surveillance Officer |
| The contractor maintained close liaison and good communications with the Government |
| Any problems or questions encountered by either party are addressed within 2 business da s |
| Review of performance by Surveillance Officer |
| The contractor invoiced in a timely manner and in accordance with the contract |
| Invoices submitted with |
COR/Surveillance Officer signature Review of performance by Surveillance Officer
| 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 noncompliance with FAR clause 52.222-50, Combating Trafficking in Persons, is brought to the immediate attention of the contracting officer. |
| 100% compliance with FAR 52.22250 |
| All times the Surveillance Officer interfaces with the contractor |
AQL = Acceptable Quality Level
17. CONTRACTOR MANPOWER REPORTING
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for CFAO via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/
Section SF 1449 - CONTINUATION SHEET
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Job |
TECH REP FOR CPP SYSTEM
FFP
TECH REP FOR CPP SYSTEM FOR DDG56
SEE ATTACHED PERFORMANCE WORK STATEMENT FOR SERVICE REQUIREMENT.
POP:8/20-8/23/2018
FOB: Destination
MILSTRIP: N6275818RCUS885
PURCHASE REQUEST NUMBER: N6275818RCUS885
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 |
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 20-AUG-2018 TO |
23-AUG-2018
| N/A |
| N62758 SRF AND JRMC |
GOVT REPRESENTATIVE
SEE PAGE 4 OF ORDER FOR
SHIPMENT REQUEST PROCEDURES
. WA 00000
FOB: Destination N62758
CLAUSES INCORPORATED BY REFERENCE
| 52.203-18 |
| Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation |
| JAN 2017 |
| 52.204-2 |
| Security Requirements |
| AUG 1996 |
| 52.204-7 |
| System for Award Management |
| OCT 2016 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| JAN 2011 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2016 |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| JUL 2016 |
| 52.204-17 |
| Ownership or Control of Offeror |
| JUL 2016 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| JUL 2016 |
| 52.209-2 |
| Prohibition on Contracting with Inverted Domestic Corporations--Representation |
| NOV 2015 |
| 52.212-1 |
| Instructions to Offerors--Commercial Items |
| JAN 2017 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| JAN 2017 |
| 52.225-25 |
| Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. |
| OCT 2015 |
| 52.228-3 |
| Worker's Compensation Insurance (Defense Base Act) |
| JUL 2014 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 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 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| NOV 2011 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7005 |
| Oral Attestation of Security Responsibilities |
| NOV 2001 |
| 252.204-7008 |
| Compliance With Safeguarding Covered Defense Information Controls |
| OCT 2016 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| OCT 2016 |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| MAY 2016 |
| 252.223-7006 |
| Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials |
| SEP 2014 |
| 252.225-7041 |
| Correspondence in English |
| JUN 1997 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7008 |
| Assignment of Claims (Overseas) |
| JUN 1997 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.233-7001 |
| Choice of Law (Overseas) |
| JUN 1997 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.246-7003 |
| Notification of Potential Safety Issues |
| JUN 2013 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
CLAUSES INCORPORATED BY FULL TEXT
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. [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: |
| NONE |
| NONE |
| NONE |
| NONE |
| NONE |
| NONE |
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—
(1) [ ___ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) [ ___ ] Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
(1) [ ___ ] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ___ ] does [ ___ ] does not certify that—
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
(2) [ ___ ] Certain services as described in FAR 22.1003-4(d)(1). The offeror [ ___ ] does [ ___ ] does not certify that—
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;
(ii) The contract services will be furnished at prices…
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