COMBINED_SYNOPSIS_SOLICITATION_TEMPLATE-RFQ_18-Q-4155_crm_markup.docx

MILITARY SEALIFT COMMAND

N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE

COMBINED SYNOPSIS/SOLICITATION TEMPLATE

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 N32205-18-Q-4155 and 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 2005-95, effective 13 Jan 17.

4. The associated NAICS code is 336611 and this procurement:

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

|_| is being set-aside for small businesses. The small business size standard is 500 employees.

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

T-EPF AFP BUILDOUTS

AFP Village Modification and Certification

6. Adaptive Force Protection (AFP) Build Out Spring 2018 – Firm Fixed Price Contract

1.0 ABSTRACT

1.1 This item describes the build out for the USNS FALL RIVER, USNS BRUNSWICK, USNS TRENTON, and modification of village boxes to prepare for shipboard integration and the development of a procedure for future build out of AFP modules.

2.0 REFERENCES/ENCLOSURES

2.1 MSC Drawing 8497188 AFP Portable Accommodations Module Power

2.2 MSC Drawing 8497095 AF Potable Water

2.3 MSC Drawing 8497096 AFP Module Sewage and Drain Mods

2.4 MSC Drawing 8497187 AFP Portable Accommodations Module Outfit and Arrangement Installation

2.5 MSC Drawing 8497094 AFP Module Power Foundation Mods

2.6 MSC Drawing 8497091 AFP Village Laundry Module

2.7 Fall River PP18 Draft Build Out

2.8 Trenton Spring 2018 Post ROH with office units

3.0 ITEM LOCATION/DESCRIPTION

3.1 Contract POP 12 February – 30 September 2018, individual Period of Performance (POP) are below:

3.1.1 Fall River Build Out; February 14-28, 2018 in Singapore

3.1.2 Brunswick Build Out; March 1-8, 2018 in Singapore

3.1.3 Trenton Build Out; March 25-April 5, 2018 in Europe (exact location TBD)

3.1.4 Village Modification and certification; June 1 – July 30, 2018 in Okinawa, Japan

4.0 GOVERNMENT FURNISHED EQUIPMENT/MATERIAL/SERVICES

4.1 30 ea. Part Number EPN-00114963 MOBU rubber gasket material for Singapore build out

4.2 Emergency Escape Breathing Devices

4.3 1 ea. 10kva Transformer, 440 3ph/220 1ph, Delta/Delta (this transformer is required because we've not installed the T-ALT to the MIP Panels for 220 VAC Power)

4.4 ABS Surveyor

5.0 NOTES

5.1 MSC will provide stevedore services to load the modules aboard the vessel and secure to the vessel.

5.2 Lock Out/Tag Out procedures are to be strictly adhered to while working aboard and in accordance with the Chief Engineer’s requirements.

6.0 QUALITY ASSURANCE REQUIREMENTS

6.1 All work must be completed to the satisfaction of the ABS surveyor.

6.2 All work must be completed by a recognized OEM representative for the village boxes, fire detection system and general alarm/public address system integration and in accordance with all OEM requirements.

7.0 STATEMENT OF WORK REQUIRED

7.1 Fall River Build Out

7.1.1 Build Out AFP Village in accordance with Fall River PP18 Build Out drawing.

7.1.2 Inspect all modules against OEM and MSC approved drawings immediately upon arrival on site; provide report on any repairs required to the modules within one day.

7.1.3 Provide all cables, hoses, connectors, mounting hardware and consumable materials in order to complete the integration of the packages to the ship.

7.1.4 Connect and test each system in accordance with OEM requirements, MSC drawings and to the satisfaction of the ABS Surveyor. Prior to energizing any equipment or opening any valves all connections shall be reviewed in the presence of the MSCREP and Chief Engineer.

7.1.5 Post the module drawing including all egress and safety equipment identification on a hard laminated placard on the interior of the module near all exits. Post placards to provide emergency egress and emergency situation instructions on a hard laminated placard on the interior of each module in several locations as appropriate for each module.

7.1.6 Provide emergency egress marking using high visibility markings from each module door.

7.1.7 Provide and install 3M style non-skid pads to include edge sealing to all stairs, landing areas and slip hazard areas surrounding the egress paths from the modules.

7.1.8 Install/mount all outfitting equipment.

7.1.9 Inspect, test and validate all safety equipment in each module in accordance with OEM requirements and in the presence of the ABS Surveyor and MSCREP.

7.1.10 Thoroughly clean the modules; wipe down all hard surfaces, vacuum spaces, wipe down all outfitting and touch up paint up to 5% of total surface area.

7.2 Brunswick Build Out

7.2.1 Build Out AFP Village laundry module.

7.2.2 Inspect all modules against OEM and MSC approved drawings immediately upon arrival on site; provide report on any repairs required to the modules within one day.

7.2.3 Provide all miscellaneous cables, hoses, connectors and consumable materials in order to complete the integration of the packages to the ship.

7.2.4 Connect and test each system in accordance with OEM requirements, MSC drawings and to the satisfaction of the ABS Surveyor. Prior to energizing any equipment or opening any valves, all connections shall be reviewed in the presence of the MSCREP and Chief Engineer.

7.2.5 Post the module drawing including all egress and safety equipment identification on a hard laminated placard on the interior of the module near all exits. Post placards to provide emergency egress and emergency situation instructions on a hard laminated placard on the interior of each module in several locations as appropriate for each module.

7.2.6 Provide emergency egress marking using high visibility markings from each module door.

7.2.7 Install all outfitting equipment.

7.2.8 Inspect, test and validate all safety equipment in each module in accordance with OEM requirements and in the presence of the ABS Surveyor and MSCREP.

7.2.9 Thoroughly clean the modules; wipe down all hard surfaces, vacuum spaces, wipe down all outfitting and touch up paint up to 5% of total surface area.

7.3 Trenton Build Out

7.3.1 Build Out AFP Village in accordance with Trenton Spring 2018 Build Out drawing.

7.3.2 Inspect all modules against OEM and MSC approved drawings immediately upon arrival on site; provide report on any repairs required to the modules within one day.

7.3.3 Provide all miscellaneous cables, hoses, connectors and consumable materials in order to complete the integration of the packages to the ship. This includes but is not limited to;

7.3.3.1 ABS approved CAT5E w/connectors, 300' with 12 connectors and boots.

7.3.3.2 1 ea. MIP 440 plug with 4/4 cable to feed transformer.

7.3.3.3 4/4 cable to feed AC unit disconnect switches.

7.3.4 Post the module drawing including all egress and safety equipment identification on a hard laminated placard on the interior of the module near all exits. Post placards to provide emergency egress and emergency situation instructions on a hard laminated placard on the interior of each module in several locations as appropriate for each module.

7.3.5 Connect and test each system in accordance with OEM requirements, MSC drawings and to the satisfaction of the ABS Surveyor. Prior to energizing any equipment or opening any valves, all connections shall be reviewed in the presence of the MSCREP and Chief Engineer.

7.3.5.1 OFFICE 1 , Units 1& 2(NPIR)

7.3.5.1.1 Install AC in space provided.

7.3.5.1.2 Install Fire Dampener with AC louver and louver box on exterior of AC unit.

7.3.5.1.3 Connect louver motor to main power supplied to power panel.

7.3.5.1.4 Install tables/chairs along walls to provide for work stations accessible to NPIR drops. Use floor mounts provided. Secure tables to wall underneath.

7.3.5.1.5 Install 2 sets tables/chairs in middle of room using provided mounts.

7.3.5.1.6 Mount 50" Monitor on outboard wall of Unit 1 using mount provided.

7.3.5.1.7 Install Fire Extinguisher in an accessible location using mount provided.

7.3.5.1.8 Mount EEBDs

7.3.5.1.9 Install provided black-out curtains using provided rods.

7.3.5.1.10 Install exit nameplate at door, not behind curtain.

7.3.5.1.11 Install exit nameplate over secondary egress.

7.3.5.1.12 Install Hose McCann Switching unit in equipment rack provided.

7.3.5.1.13 Provide input to the switching unit from outboard existing speaker.

7.3.5.1.14 Install supplied cable from switching unit to phone.

7.3.5.1.15 Supply 120v power from local MIP panel using supplied cable and plug.

7.3.5.2 OFFICE 2, Units 3&4(SPIR)

7.3.5.2.1 Repeat steps of Office 1 with the following exceptions.

7.3.5.2.2 Mount 50" Monitor on outboard wall of Unit 3.

7.3.5.2.3 Install 4 tables in the center of room.

7.3.5.2.4 Install 4NPIR and 4SPIR drops under table with a 4gang 120v recept.

7.3.5.2.5 Install provided cable to phone from Switching unit in Office 1 for Hose McCann phone.

7.3.6 Provide emergency egress marking using high visibility markings from each module door.

7.3.7 Install all outfitting equipment.

7.3.8 Inspect, test and validate all safety equipment in each module in accordance with OEM requirements and in the presence of the ABS Surveyor and MSCREP.

7.3.9 Thoroughly clean the modules; wipe down all hard surfaces, vacuum spaces, wipe down all outfitting and touch up paint up to 5% of total surface area.

7.4 Village Modification and Certification

7.4.1 Provide all material and services to modify and certify village boxes and prepare for shipboard build out in accordance with OEM and ABS requirements in a lay down area in Okinawa.

7.4.2 Inspect all modules against OEM and MSC approved drawings immediately upon arrival on site; provide report on any repairs required to the modules within one day.

7.4.3 Provide all cables, hoses, connectors, mounting hardware and consumable materials in order to complete the integration of the packages to the ship.

7.4.4 Connect and test each system in accordance with OEM requirements, MSC drawings and to the satisfaction of the ABS Surveyor.

7.4.5 Post the module drawing including all egress and safety equipment identification on a hard laminated placard on the interior of the module near all exits. Post placards to provide emergency egress and emergency situation instructions on a hard laminated placard on the interior of each module in several locations as appropriate for each module.

7.4.6 All units shall have existing commercial wiring, lights, receptacles and power panels removed and replaced with ABS approved equipment and material.

7.4.7 All units shall be wired to accept 120vac single phase Delta Power.

7.4.8 All units shall have the following: fire extinguishers, exit signs, blackout curtains and rods on all normal exits, emergency lights as required.

7.4.9 Provide the services of a recognized Hose McCann Rep to provide and certify ships phone system. Installation shall be the responsibility of the contractor.

7.4.10 Provide the services of a Hiller Systems recognized rep to provide and certify smoke detection and alarm system integrated into the ships system

7.4.11 Procure/manufacture 5ea ABS approved fire dampers and A60 rated boxes to mount dampers; one for each AC unit. Fit each unit for seamless installation at time of ship installation, to include wiring.

7.4.12 Provide 5ea 1200 BTU AC/heater window type unit. Units shall fit into existing opening of village unit.

7.4.13 Provide 2” Rockwool insulation to be installed inside trim, covering the seam of each abutted seam in the village.

7.4.14 Insure all seams are sealed with approved seam type both inside and outside of trailer.

7.4.15 Provide and install black-out curtains and rods on each exterior door that is not an emergency exit.

7.4.16 Provide minimum 100a rated power cable and plug for MIP panel for 120v single ph. power, 50’ for each suite.

7.4.17 All units shall have ISO adaptor pads welded to the base of each unit. Total of 4 per unit. Welding should be performed in accordance with OEM requirements by an ABS approved welder using ABS approved procedures. All certs to be provided at time of installation. Adaptors to be contractor supplied.

7.4.18 Replace all plastic receptacles and switch covers with hard plastic ones.

7.4.19 NIPR SUITE

7.4.19.1 Provide and install 7 tables and 14 chairs.

7.4.19.2 Provide and install 14 NIPR jacks, 1 at each work station with redundant cable to each jack.

7.4.19.3 Provide and install 1ea 3’ standard equipment rack for phone and Ethernet equipment.

7.4.19.4 Provide and install: 55” Samsung TV with mount and dry erase board.

7.4.19.5 Provide and install A60 rated fire door exiting outboard.

7.4.20 SIPR SUITE

7.4.20.1 Provide and install 8 tables and 16 chairs; 4 tables centered in space.

7.4.20.2 Provide and install 12ea NIPR and 12ea SIPR jacks with redundant cable at each jack. 4ea NIPR and SIPR jacks at center table. Proper separation shall be maintained at all times.

7.4.20.3 Provide and install 2ea 4 gang receptacles at center work station. Maintain proper separation from data lines.

7.4.20.4 Provide and install A60 rated escape hatch.

7.4.20.5 Provide and install: 55” Samsung TV with mount and dry erase board.

7.4.20.6 Provide and install 1ea 3’ standard equipment rack for Ethernet equipment.

7.4.21 BERTHING/LATRINE

7.4.21.1 Install 8ea GFE 3tier bunks and 24 lockers

7.4.21.2 Wire all bunk lights to new power panel

7.4.21.3 Install 2ea A60 fire rated doors. A60 door exiting inboard shall have a hip bar.

7.4.21.4 Provide and install A60 rated door to allow for latrine module to be used individually.

7.4.21.5 Provide services of recognized Hiller Systems rep to replace the current smoke detectors in latrine module with heat detectors.

7.4.22 GYM

7.4.22.1 Provide and install A60 rated fire doors 2ea. Install hip bar on emergency escape hatch exiting outboard.

7.4.23 PRESERVATION

7.4.23.1 Prepare the boxes for long term storage in accordance with OEM requirements to include the use of passive space dehumidification packs (DampRid type), securing all outfitting and furnishings for transport and ensure the boxes are prepared for inclement weather.

7.5 OEM Village Build Out Procedure

7.5.1 Provide an OEM endorsed build out procedure for each box. The procedure shall be written to permit local support of AFP build out requirements using ABS approved industrial support. The procedure shall include all outfitting information and baseline testing and certification information. The procedure shall permit the installation of individual modules as well as the modules as an integrated system. Each procedure shall be provided with a check out sheet to assist in each build out. The procedure shall include preparation for build out and breakdown/storage instructions to prepare the modules for future use.

7. The POPs are stated in the SOW paragraph 3.0 ITEM LOCATION/DESCRIPTION in #6 above.

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(1)), 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. SUBMISSION PACKAGE

1. The quote shall contain the following:

-Price quote which identifies the requested item(s), unit price, with shipping charges and extended price. Please provide a breakout of the pricing for each CLIN.

-Firm-fixed Price total to include ALL shipping and packaging charges.

-Remittance address, Tax identification Number, DUNS number and Cage Code.

Note for shipping:

The Government requests that shipping costs be incorporated into the price of each item rather than identified in a separate line for total shipping costs. The Government will spread the shipping costs across all lines upon award if quoted as a separate line item.

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

3. Responses to this solicitation are due 2 February, 2018 at 10:00 am local time, Norfolk, VA. LATE QUOTES MAY NOT BE CONSIDERED FOR EVALUATION. Please reference the solicitation number on your proposal.

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.

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

10. 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 non-responsive to the solicitation.

11. 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:

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

13. Quotes may be only hand delivered, mailed, or e-mailed directly to Patrick Brown patrick.d.brown@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.

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:

Norfolk, VA 23511

Access to the Navy facility and 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.

14. For additional information regarding this solicitation contact Patrick Brown at patrick.d.brown@navy.mil; (757) 443-5913.

15. 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:

Offeror Representations and Certifications -- Commercial Items (Nov 2017) 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, which 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 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 (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 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:

[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:

(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:

(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:

(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:

(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

(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.