COMBINED_SYNOPSIS_SOLICITATION_17-Q-4324.docx

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USNS WASHINGTON CHAMBERS: MDE Cyllinder Refurbish Federal contract opportunity
Solicitation number
N32205-17-Q-4324
Issued by
Department of the Navy Military Sealift Command

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N32205-17-Q-4324 Combine synopsis solicitation

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Combine Synopsis Solicitation

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. Solicitation number is N32205-17-Q-4324and is being issued as a Request for Quotes (RFQ).

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-94, effective 1/19/2017.

4. The associated NAICS code is 811310and thisprocurement:

|X|is not being set-aside for small businesses.

|_|is being set-aside for small businesses. The small business size standard is

5. The table attachment lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:

CLIN
DESCRIPTION
QTY
Price
Ext Price
0001
Labor and Material to Accomplish rebuilt 10 MDE heads
1

Wage Determination TBD Contractor shall break out pricing for each CLIN as stated below.

LABOR:

Contractor must provide a copy of published hourly/daily rates for documentation.

Labor Rates: $________ straight time X (number of hours) _______; $_______ overtime X (number of hours) __________; $__________ double or holiday X (number of hours) ________.

Specify the number of hours per person for any applicable labor rates.

MATERIALS:

Estimated materials: Provide a detailed list of all estimated materials, the cost for each and the part numbers (if applicable).

List any other cost, which does not fall with the above categories (i.e. travel, per diem, rental car, hotel, administrative fees, etc.):

STATEMENT OF WORK

1.0 ABSTRACT

1.1 This item describes the requirement to provide the services of a MAN B&W 48/60 Authorized Service Provider, to rebuild/refurbish ten (10), MAN B&W 48/60 Main Diesel Engine (MDE) cylinder heads.

2.0 REFERENCES

2.1 T/M T9233-CF-IMC-010; Diesel Engines, Main Power Generation, Models 9L 48/60 and 8L 48/60, Volume B1, Engine Operating Instructions

2.2 T/M T9233-CF-IMC-020; Diesel Engines, Main Power Generation, Models 9L 48/60 and 8L 48/60, Volume B2, Engine Working Instructions

2.3 T/M T9233-CF-IMC-030; Diesel Engines, Main Power Generation, Models 9L 48/60 and 8L 48/60, Volumes C1, C2, C3, Turbocharger Operating and Working Instructions/Spare Parts Catalog

2.4 T/M T9233-CF-IMC-040; Diesel Engines, Main Power Generation, Models 9L 48/60 and 8L 48/60, Volume B3, Spare Parts

2.5 T/M T9233-CF-IMC-070; Diesel Engines, Main Power Generation, Models 9L 48/60 and 8L 48/60, Volume E1-E4, Engine Operating Instructions

3.0 ITEM LOCATION/QUANTITY/ITEM DESCRIPTION/MANUFACTURER’S DATA

3.1 Location/Quantity

3.1.1 Location: Contractor’s Facility

3.1.2 Quantity: Ten (10), Main Diesel Engine (MDE) Cylinder Heads

3.2 Item Description/Manufacturer’s Data: MAN B&W 8L/9L 48/60 Diesel Engine Cylinder Heads

3.2.1 Contractor shall provide all the necessary material needed to rebuild and refurbish the cylinder heads. Contractor shall review this statement of work and provide all parts necessary to complete tasking as described herein. This shall include all gaskets/ O-Rings and renewable parts.

3.2.2 Contractor shall review this statement of work and provide any additional tooling, rigging, and/or parts required.

3.2.3 Quantities are considered estimates. The Contractor shall provide the exact quantities and additional material such as miscellaneous pipe fittings, elbows, caps, valves, pipe hangers, weld material, cable hangers, cable tags, bus work, etc., which are not included in the List of Materials, in order to install a fully functional system which meets the requirements of this specification.

GOVERNMENT FURNISHED EQUIPMENT/ MATERIALS/ SERVICES

4.1 The Government shall provide ten (10), used MAN B&W Main Diesel Engine (MDE) cylinder heads to be refurbished.

NOTES

4.2 The contractor and subcontractors must consult Military Sealift Command’s General Technical Requirements, (GTR’s), to determine applicability to this work item. The contractor and all subcontractors must comply with all applicable GTR requirements.

4.3 All work shall be performed by a MAN B&W 48/60 Authorized Service Provider.

4.4 Performance Period: 01 March 2017 thru 01 June 2017

4.5 Performance Location: Contractor’s Facility

4.6 Principal Port Engineer’s Contact Information:

Ornie A. McCoy Office: (757) 443-0881 Cell: (757) 434-2832 E-mail: ornie.mccoy@navy.mil QUALITY ASSURANCE REQUIREMENTS:None additional.

STATEMENT OF WORK REQUIRED:

4.7 Arrangements and Outfitting: None additional.

4.8 Structural: None additional.

4.9 Mechanical/Fluid

4.9.1 Provide the services of a MAN B&W 48/60 Authorized Service Provider to perform cylinder head refurbishment; Authorized Service Provider shall be experienced with MAN B&W 48/68 engines. Any and all work shall be performed by a MAN B&W 48/60 Authorized Service Provider.

4.9.2 The Government shall ship the used cylinder heads to the contractor’s facility for refurbishment.

4.9.3 All work shall be performed in accordance with the OEM recommended practices and procedures.

4.9.4 Recondition, prepare, and place in a ready for issue condition ten (10) cylinder heads. As a minimum the following shall be performed on each cylinder head:

4.9.4.1 Record serial number and IMO number of each cylinder head and indicate in the final Service Report.

4.9.4.2 Completely disassemble and clean each of the cylinder heads.

4.9.4.3 Perform an inspection of each of the cylinder heads.

4.9.4.4 Chemically clean each of the cylinder heads including cooling water passageways.

4.9.4.5 Perform a hydrostatic pressure test of each cylinder head to ten (10) bars and hold for 30 minutes.

Note: The contractor shall provide the services of ABS to witness the hydrostatic pressure test.

ABS shall provide a Miscellaneous Survey Report identifying the cylinder heads by Serial No. and that the hydrostatic pressure test was witnessed and that no defects or leaks were observed.

4.9.4.6 Exhaust valve cages shall be removed and the seats ground.

4.9.4.7 Exhaust valve seats shall be ground if required.

4.9.4.8 Exhaust valve O-rings shall be renewed.

4.9.4.9 Exhaust valve guides measured and checked to be within specs.

4.9.4.10 Check exhaust valve springs.

4.9.4.11 Intake valve guides measured and checked to be within spec.

4.9.4.12 O-rings on exhaust and intake valve guides replaced.

4.9.4.13 Intake valve seats checked and ground if required.

4.9.4.14 Inspect all valve keepers and valve rotators.

4.9.4.15 Overhaul start air valve.

4.9.4.16 Lap all components with mating surfaces. This is to include all landings, start air valve, exhaust valve, injector, and lower landing surface.

4.9.4.17 Check intake valve springs.

4.9.4.18 Re-assemble cylinder head.

4.9.4.19 Paint cylinder head machinery grey (exterior only).

4.9.4.20 Preserve cylinder heads IAW OEM recommended practices.

4.9.4.21 Include all necessary seal rings and o-rings in the package to install new cylinder heads to engine.

4.9.5 Package each cylinder head separately. Each package shall include a copy of the service report and ABS report inside. Each package shall be suitable for overseas shipment including use of certified bug free wood. Each package shall be clearly marked on the exterior indicating the cylinder heads serial number.

4.9.6 Upon completion of work, ship newly refurbished cylinder heads to the following address:

N40443 MSC SSU BATS SAN DIEGO

9284 BALBOA AVE.

SAN DIEGO, CA 92123

USA

ATTN: BLAKE NAM, PH: 619-553-6053

M/F: T-AKE CLASS SHORE BASED SPARES (SBS)

Note: All costs associated with rigging, transporting, packaging/crating/palletizing, and shipping of all cylinder heads to be included in the cost of this item.

4.9.7 Preparation of Reports/Documentation

4.9.7.1 Provide separate service report (in .pdf format) for each of the cylinder heads.

4.9.7.2 Each service report shall be identified by the cylinder head serial number.

4.9.7.3 The report shall indicate the number of operating hours on each cylinder head.

4.9.7.4 Each report shall have a list of all renewed parts.

4.9.7.5 The service reports shall include the ABS report.

4.9.7.6 Each service report shall include a certification from MAN B&W that the cylinder heads are ready for issue and in a condition ready for installation without further work or inspections.

4.9.8 Provide the service of ABS to perform inspection and testing of each cylinder head. ABS shall issue a Miscellaneous Survey report for the testing and inspection.

4.10 Electrical: None additional.

4.11 Electronics: None additional.

4.12 Preparation of Drawings: None additional.

4.13 Inspection/Test: None additional.

4.14 Painting: None additional.

4.15 Marking: None additional.

GENERAL REQUIREMENTS: None additional.

6. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

a. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

b. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and “quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.

c. The following paragraphs in FAR 52.212-1 shall not apply to this RFQ: b, c, f (except f(4)), and l.

d. The Government will consider all quotes that are timely received and may consider late quotes. Failure of a quote to address any items required in the submission package may make a quote unacceptable.

e. A completed copy of the representations and certifications at DFARS 252.212-7000 Representations and Certifications.

7. Basis for the award: Award will be made to the responsible, technically acceptable quoter, whose quote, conforming to the combined synopsis/solicitation, offers the lowest evaluated price.

8. All quoters must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items with its offer.

9. The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items applies to this acquisition.

Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

10. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders Commercial Items applies to this acquisition. The following additional FAR clauses contained within FAR 52.212-5 are applicable to this acquisition:

52.233-4Applicable Law for Breach of Contract Claim (Oct 2004)
52.204-10Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013)
52.209-6Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013)
52.219-28Post-Award Small Business Program Representation (Jul 2013)
52.222-3Convict Labor (June 2003) (
52.222-19Child Labor - Cooperation with Authorities and Remedies (Mar 2012)
52.222-21Prohibition of Segregated Facilities (Feb 1999)
52.222-26Equal Opportunity (Mar 2007)
52.222-35Equal Opportunity for Disabled Veterans (Sep 2010)
52.222-36Affirmative Action for Workers with Disabilities (Oct 2010)
52.222-37Employment Reports on Special Disabled Veterans (Sep 2010)
52.222-50 Alt ICombating Trafficking in Persons (Feb 2009)
52.223-18Contractor Policy to Ban Text Messaging While Driving (Aug 2011)
52.225-13Restrictions on Certain Foreign Purchases (Jun 2008)
52.232-33Payment by Electronic Funds Transfer --Central Contractor Registration (Jul 2013)
52.222-41Service Contract Act (Nov 2007)
52.222-42Statement of Equivalent Rates for Federal Hires (May 1989)
52.247-64Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

11. This solicitation does not have a Defense Priorities and Allocation System (DPAS) rating.

12. Responses to this combined synopsis/solicitation are due 19April 2017 at 1000 EDT, Norfolk, VA. LATE PROPOSALS MAY NOT BE CONSIDERED FOR EVALUATION. Quotes may be only hand delivered, mailed, or e-mailed directly to donnie.leger@navy.mil the sole designated E-mail address and inbox for receipt of E-mail submissions. No other electronic means of submission, used in whole or in combination with E-mail, is permitted. No other method of submission is acceptable.

E-mail quotes shall be in either Adobe or Microsoft Office format. Quoters are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission.

Hand delivered and mailed quotes shall be sent to the following location:

Military Sealift Command
Attention: Donnie Leger, N104B1
471 East C Street, BLDG SP-64

Norfolk, VA 23511

Access to the MSC office is restricted. Quoters, couriers, and delivery services may encounter unpredictable and lengthy delays or denied access when attempting to enter that facility. Similarly, mailed and emailed quotes may encounter unpredictable and lengthy routing delays. In all cases, quoters are responsible for the risks associated with the chosen delivery method and for ensuring the Government receives the complete quote at the appropriate designated location prior to the due date and time for quote submission.

13. For additional information regarding this solicitation contact Donnie Leger atDonnie.leger@navy.mil.

14. The following additional FAR and DFARS clauses are applicable to this acquisition:

The following FAR and DFARS provisions and clauses apply to this solicitation and are incorporated by reference:

52.204-7System for Award Management (Jul 2013)
52.212-1Instructions to Offerors -- Commercial Items (Jul 2013)
52.212-3 Alt IOfferor Representations and Certifications – Commercial Items—Alt I (May 2014)
52.212-4Contract Terms and Conditions-Commercial Items (Sep 2013)
52.222-99Establishing a Minimum wage for Contractor (Deviation)
52.225-25Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification (Dec 2012)
52.232-18Availability of Funds (Apr 1984)
52.232-39Unenforceability of Unauthorized Obligations (Jun 2013)
52.237-2Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
52.245-1Government Property (Apr 2012)(If Government property will be furnished)
52.245-9Use and Charges (Apr 2012)(If 52.245-1 is included)
52.247-34F.o.b. Destination (Nov 1991)(MATERIAL(S) - Vendor Responsible)
252.203-7000Requirements Relating to Compensation of Former DOD Officials (Sep 2011)
252.203-7002Requirement to Inform Employees of Whistleblower Rights (Jan 2009)
252.203-7005Representation Relating to Compensation of Former DoD Officials (Nov 2011)
252.204-7000Disclosure of Information (Aug 2013)( When KT R will have access to Unclassified information that may be sensitive)
252.204-7003Control of Government Personnel Work Product (Apr 1992)
252.204-7012Safeguarding of Unclassified Controlled Technical Information
252.211-7003Item Identification and Validation (Jun 2013)
252.223-7008Prohibition of Hexavalent Chromium (Jun 2013) (Supplies or maintenance and repair services)
252.225-7002Qualifying Country Sources as Subcontractors (Dec 2012)
252.225-7013Duty-Free Entry (Jun 2012)
252.225-7043Antiterrorism/Force Protecting Policy for Defense Contractors Outside the US (Mar 2006)( If performance or travel outside of the US is required)
252.225-7995Contractor Personnel Performing in the United Sates Central Command Area of Responsibility (Deviation)
252.232-7003Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)
252.237-7010Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013)
252.244-7000Subcontracts for Commercial Items (Jun 2013)( MAT ERIAL(S) & SERVICE(S) – acquisition of (1) repairable or consumable parts identified as critical safety items; (2) systems and subsystems, assemblies, and subassemblies integral to a system; or (3) Repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies, subassemblies, and parts integral to a system.
252.246-7003Notification of Potential Safety Issues (Jun 2013)
252.247-7023Transportation of Supplies by Sea (Jun 2013)
52.212-3Offeror Representations and Certifications – Commercial Items (May 2014)

Offeror Representations and Certifications -- Commercial Items (May 2014) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) 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.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

“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 SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the 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 (o) 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, for general statistical purposes, 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) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting,and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(11) 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)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) 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 consideredcomponents of unknown origin tohave 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 offersin accordance with the policies and procedures ofFAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause atFAR 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 consideredcomponents of unknown origin tohave 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 $3,000 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

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

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

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

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

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

(1) Listed End Product

Listed End Product:
Listed Countries of Origin:

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

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. 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 that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through…

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