N32205-17-R-4206.docx

N32205-17-R-4206

Section SF 1449 - CONTINUATION SHEET

USNS LEWIS AND CLARK

FFP

4000 AF CIRCUIT BREAKERS, TO ACCOMPLISH WORK ON EDG BREAKERS, EDG BREAKERS

FOB: Destination

PURCHASE REQUEST NUMBER: N231917005CB01

NET AMT

PSC Code: 1915

USNS LEWIS AND CLARK

MOD KITS INCLUDING CASSETTES, TO ACCOMPLISH WORK ON EDG BREAKERS, EDG BREAKERS

PURCHASE REQUEST NUMBER: N231917005CB01-0001

NET AMT

USNS LEWIS AND CLARK

PROVISIONING TECHNICAL DOCS, TO ACCOMPLISH WORK ON EDG BREAKERS, EDG BREAKERS

PURCHASE REQUEST NUMBER: N231917005CB01-0001

NET AMT

USNS ALAN SHEPHARD

4000 AF CIRCUIT BREAKERS, TO ACCOMPLISH WORK ON EDG BREAKERS, EDG BREAKERS

PURCHASE REQUEST NUMBER: N231937005CB02

NET AMT

USNS ALAN SHEPHARD

MOD KITS INCLUDING CASSETTES, TO ACCOMPLISH WORK ON EDG BREAKERS, EDG BREAKERS

PURCHASE REQUEST NUMBER: N231937005CB02-0001

NET AMT

USNS ALAN SHEPHARD

PROVISIONING TECHNICAL DOCS, TO ACCOMPLISH WORK ON EDG BREAKERS, EDG BREAKERS

PURCHASE REQUEST NUMBER: N231937005CB02-0001

NET AMT

USNS RICHARD E. BYRD

4000 AF CIRCUIT BREAKERS, EDG BREAKERS

PURCHASE REQUEST NUMBER: N231947005CB03

NET AMT

USNS RICHARD E. BYRD

MOD KITS INCLUDING CASSETTES, EDG BREAKERS

PURCHASE REQUEST NUMBER: N231947005CB03-0001

NET AMT

USNS RICHARD E. BYRD

PROVISIONING TECHNICAL DOCS, EDG BREAKERS

PURCHASE REQUEST NUMBER: N231947005CB03-0001

NET AMT

USNS ROBERT E. PEARY

4000 AF CIRCUIT BREAKERS, EDG BREAKER

PURCHASE REQUEST NUMBER: N231957005CB04

NET AMT

USNS ROBERT E. PEARY

MOD KITS INCLUDING CASSETTES, EDG BREAKER

PURCHASE REQUEST NUMBER: N231957005CB04-0001

NET AMT

USNS ROBERT E. PEARY

PROVISIONING TECHNICAL DOCS, EDG BREAKER

PURCHASE REQUEST NUMBER: N231957005CB04-0001

NET AMT

USNS AMELIA EARHART

4000 AF CIRCUIT BREAKERS , EDG BREAKERS

PURCHASE REQUEST NUMBER: N231967005CB05

NET AMT

USNS AMELIA EARHART

MOD KITS INCLUDING CASSETTES, EDG BREAKERS

PURCHASE REQUEST NUMBER: N231967005CB05-0001

NET AMT

USNS AMELIA EARHART

PROVISIONING TECHNICAL DOCS, EDG BREAKERS

PURCHASE REQUEST NUMBER: N231967005CB05-0001

NET AMT

USNS CARL BRASHEAR

4000 AF CIRCUIT BREAKERS , EDG BREAKERS

PURCHASE REQUEST NUMBER: N231977005CB06

NET AMT

USNS CARL BRASHEAR

MOD KITS INCLUDING CASSETTES , EDG BREAKERS

PURCHASE REQUEST NUMBER: N231977005CB06-0001

NET AMT

USNS CARL BRASHEAR

PROVISIONING TECHNICAL DOCS , EDG BREAKERS

PURCHASE REQUEST NUMBER: N231977005CB06-0001

NET AMT

USNS WALLY SCHIRRA

4000 AF CIRCUIT BREAKERS; MATERIAL TO ACCOMPLISH WORK ON EDG BREAKER, EDG BREAKER

PURCHASE REQUEST NUMBER: N231987005CB07

NET AMT

USNS WALLY SCHIRRA

MOD KITS INCLUDING CASSETTES; MATERIAL TO ACCOMPLISH WORK ON EDG BREAKER, EDG BREAKER

PURCHASE REQUEST NUMBER: N231987005CB07-0001

NET AMT

USNS WALLY SCHIRRA

PROVISIONING TECHNICAL DOCS; MATERIAL TO ACCOMPLISH WORK ON EDG BREAKER, EDG BREAKER

PURCHASE REQUEST NUMBER: N231987005CB07-0001

NET AMT

USNS MATTHEW PERRY

4000 AF CIRCUIT BREAKERS; MATERIAL TO ACCOMPLISH WORK ON EDG BREAKER, EDG BREAKER

PURCHASE REQUEST NUMBER: N231997005CB08

NET AMT

USNS MATTHEW PERRY

MOD KITS INCLUDING CASSETTES; MATERIAL TO ACCOMPLISH WORK ON EDG BREAKER, EDG BREAKER

PURCHASE REQUEST NUMBER: N231997005CB08-0001

NET AMT

USNS MATTHEW PERRY

PROVISIONING TECHNICAL DOCS; MATERIAL TO ACCOMPLISH WORK ON EDG BREAKER, EDG BREAKER

PURCHASE REQUEST NUMBER: N231997005CB08-0001

NET AMT

FFP

4000 AF CIRCUIT BREAKERS; MATERIAL TO ACCOMPLISH WORK ON EDG BREAKER, EDG BREAKER

NET AMT

FFP

MOD KITS INCLUDING CASSETTES; MATERIAL TO ACCOMPLISH WORK ON EDG BREAKER, EDG BREAKER

NET AMT

FFP

PROVISIONING TECHNICAL DOCS; MATERIAL TO ACCOMPLISH WORK ON EDG BREAKER, EDG BREAKER

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

NICK KNOWLTON

BUILDING W143 DOORWAY 10

1968 GILBERT STREET

NORFOLK VA 23511

757-443-3900

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STATEMENT OF WORK

STATEMENT OF WORK

1. Scope of Work

This work item describes the requirement to procure twenty four (24) ABS approved bus tie circuit breakers, twenty four (24) switchboard modification kits, and eight (8) spare circuit breakers to replace existing bus tie circuit breakers on T-AKE 1, and T-AKE 3 through T-AKE 9. A shipset is defined as: three (3) circuit breakers that meet ABS requirements, one (1) spare circuit breaker, three (3) switchboard modification kits, and two (2) technical manual change pages. Six (6) additional tech manual change pages will be provided to MSC tech library and one electronic copy to the MSC TPOC. Requirement will include one (1) option for the USNS SACAGAWEA (T-AKE 2) in this effort.

2. References

(1) T-AKE One-Line Diagram (Drawing No. 7488777)

(2) T-AKE Protective Device Coordination (Drawing No. 7488778)

(3) ACB-3200/4000HR Circuit Breaker Tech Manual (Tech Manual T9324-ED-MMC-010)

(4) T-AKE 480V Emergency Switchboard Drawing (Dwg. 2838, Tech Manual T9324-BT-MMC-010 *References will be provided upon request.

3. Periods of Performance

Completion

4. Delivery Each shipset (Circuit Breaker, Mod Kit & Spares) and spare circuit breaker units shall be delivered in accordance with the delivery schedule in section 4.

Below is the shipping address to the MSC warehouse in Naval Station Norfolk equipment shall be sent to:

5. Technical Requirements

Each ship’s set is to be designed to provide functional replacements for the following breakers: Emergency Diesel Generator (EG 52 on ref 4), Emergency Bus Tie to SS1 (ES152 on ref 4), and Emergency Bus Tie SS2 (ES252 on ref 4)

The circuit breakers procured under this contract shall be specifically designed and manufactured as Marine circuit breakers and have the following characteristics:

Circuit Breaker Requirements

1. Tested to IEC 60947-2, Type approval ABS (American Bureau of Shipping Steel Vessel Rules)

2. Maximum Operating Voltage of 690V @ 60Hz

3. 4000A Frame Rating

4. Circuit breaker shall be draw out

5. Circuit breaker shall be motor operated

6. Undervoltage Trip (and undervoltage trip indication)

7. Digital Trip Device

8. Overcurrent Trip Indication

9. Ten (10) Auxiliary Contacts (5 open when breaker is open, 5 closed when breaker is closed)

10. Shunt Trip

11. Allows for adjustable long time delay and short time delay trip settings

12. Manual push to trip button

13. Option to lock by padlock or key lock

14. Interphase Barriers

15. Arc-chute cover

16. Operation counter

Modification Kit Requirements

1. Modification kit will allow for installation of new breakers in the same location that the previous breakers were placed in the 36” wide switchboard sections. See ref 4.

2. Modification will include all material, brackets, wiring, insulators, control components, and hardware required to install new breakers.

3. Modification kit will include material needed for bus modifications. All bus material shall be copper.

6. Materials The circuit breaker, mounting kit, and all fittings, fasteners, shall be of suitable material and strength to withstand the normal vibration, ambient temperature (up to 122 F°) and corrosive atmosphere of a standard shipboard marine environment. Only metal fasteners shall be used.

7. Packaging, Packing and Shipping Instructions The circuit breakers, modification kits, and technical manuals for each ship shall be packaged together to the greatest extent possible. When not otherwise specified, the circuit breakers, modification kits, and spare parts shall be packaged and packed in accordance with Best Commercial Practices. Circuit breakers, modification kits, and spare parts shall be shipped to the locations shown in Delivery Section of this RFQ.

All crating to meet requirements of International Standards for Phytosanitary Measures (ISPM) 15. the following commercial heat treatment process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood Packaging Material (WPM). WPM is defined as wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frames, and cleats. Packaging materials exempt from the requirements are materials that have undergone a manufacturing process such as corrugated fiberboard, plywood, particleboard, veneer and oriented strand board. All WPM shall be constructed from Heat Treated (HT to 56 degrees Centigrade for 30 minutes) lumber and certified by an accredited agency recognized by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see URL: http://www.alsc.org). All materials must include certification markings in accordance with ALSC standards and be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides and ends of the pallet and be contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved "DUNNAGE" stamp. Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry.

8. Inspection and Acceptance All equipment and components shall be furnished new. No refurbished equipment shall be allowed. All components shall be mounted on a single structural steel base on appropriate regulatory body approved mounts and shall be factory tested as a complete unit.

Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or performance of nonconforming services at no increase in contract price. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

9. Deliverables

1. Thirty two (32) circuit breakers, twenty four (24) modification kits to support installation of new breakers. Each shipset and spares shall be delivered to the destination listed within the required delivery timeframe shown.

2. Updated Protective Device Coordination for vessels T-AKE 1, and T-AKE 3 through 9

3. Updated One Line Diagram for T-AKE 1, and T-AKE 3 through 9

4. Updated Control Wiring Diagram and Assembly Diagrams

5. MSC and ABS Review of design documentation (deliverables 3 through 5)

6. Technical manual change pages – Two (2) hard copy with each shipset, plus six (6) copies to MSC tech library. One (1) electronic copy to MSC HQ Technical POC due upon award.

7. Complete product cut sheet and arrangement drawings for circuit breakers and control equipment showing all dimensions of the circuit breaker and all parts included within the modification kits– one (1) electronic copy, Adobe Acrobat or AutoCAD format. (AutoCAD preferred if available.) Due upon award to MSC HQ Technical POC.

8. The circuit breakers shall meet current ABS, USCG, EPA and MARPOL requirements. ABS, USCG and EPA Certificates shall be delivered for each unit as a whole.

9. Full Bill of Materials to include Original Manufacturer Part Numbers.

CLAUSES INCORPORATED BY FULL TEXT

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

This procurement is a FAR Part 12 acquisition being conducted under FAR Subpart 13.5. Accordingly, simplified acquisitions procedures apply. After receipt of quotes, the Government may without notice, negotiate with and, if desired, seek a quote revision from as many or as few quoters as it, in its discretion, deems appropriate.

1. General Instructions

Quoters shall submit quotes:

Technical Quotes Price Quote – Should be submitted separate from Technical.

Technical Quotes The vendor shall include the following information pertaining to the model of circuit breaker and auxiliary equipment being proposed:

Volume 1 - Technical

Price and Other Business Considerations

1. A separate unit price and extended price must be submitted for each CLIN.

2. Total Price of Ship Set (USD) – Includes thirty (32) Circuit Breakers, twenty (24) Modification Kits, and twenty four (24) technical manuals.

3. Provide total price of transportation charges to each destination. Each CLIN MUST have transportaion cost incorporated in unit price.

4. Itemized technical documentation, including capability, equipment list required

5. Recommended shipboard spare parts and overhaul kits and price list (USD).

6. Shipboard spare parts price list (USD)

7. Overhaul spare parts price list (USD)

8. Price list for any recommended specialized tools that will be required for maintenance and repair of the new circuit breakers not included with the procurement cost listed in No. 1 above.

9. Price list for any recommended diagnostic tools not included with the circuit breaker procurement cost listed in No. 1 above

10. Price the Item Unique Identification and Valuation in accordance with DFAR 252.211-7003

13. A completed copy of the representations and certifications at FAR 52.212-3 Alternate I and DFARS 252.212-7000 or a statement stating that they are available via the SAM website, https://www.sam.gov/portal/public/SAM/.

14. Remittance address, Tax Identification Number, DUNS number and Cage Code.

15. Quoter shall state expected delivery date ________________

16. Responses to this solicitation are due 24 February 2017 at 1000 local time, Norfolk, VA. LATE QUOTES MAY NOT BE CONSIDERED FOR EVALUATION. Quotes may be e-mailed to Donnie.leger@navy.mil.

17. Quotes submitted in response to this solicitation shall not contain nor be subject to the quoter’s standard commercial terms and conditions. Any offer submitted in response to this solicitation which includes the quoter’s standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

BASIS FOR AWARD:

Award will be made to the responsible, technically acceptable quoter, whose quote, conforming to the Request for Quotation, offers the lowest evaluated price.

(End of Addendum)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) database means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 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 appeal rights.

(ii) 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. Sec. 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.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 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.

(iv) 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).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2016) 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 (t) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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…