Solicitation.docx

Section SF 1449 - CONTINUATION SHEET

Warren and IMO Pump Parts and Support

FFP

Through the issuance of task and delivery orders, the contractor shall provide a broad range of pump parts and part support in accordance with the scope of work, Attachment 1 Exhibits A through E, and individual task and delivery order requirements.

Parts shall be provided at prices not to exceed those prices found in contract Exhibits A through E. However, at the contractor's discretion, parts may be provided at prices lower than those listed in these Exhibits. Exhibits A through E are not an exhaustive list of parts that may be ordered under this contract. Other parts required to maintain these pumps may be negotiated through each delivery order.

The ordering period is a five (5) year ordering period beginning within one (1) day of contract award.

The delivery location and/or place of performance will be provided in each delivery or task order.

In accordance with FAR 16.503(a)(1), "For the information of offerors and contractors, the contracting officer shall state a realistic estimated total quantity in the solicitation and resulting contract. This estimate is not a representation to an offeror or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. The contracting officer may obtain the estimate from records of previous requirements and consumption, or by other means, and should base the estimate on the most current information available." The Government estimates that $13,294,404.39 worth of parts, kits, and parts support will be ordered over this five (5) year ordering period.

The offeror is not required to provide a price for this CLIN.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

ESTIMATED

NET AMT

PSC Code: 2090

DELIVERY INFORMATION

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CONTRACT SCOPE

1. BACKGROUND.

1.1 The Military Sealift Command (MSC) owns and operates approximately 125 ships, including steam turbine, gas turbine, and diesel engine propelled vessels. These vessels fulfill such varied missions as underway replenishment, oceanographic research, underwater rescue and recovery, undersea cable repair, humanitarian support, and dry and refrigerated cargo support.

1.2 The Contractor shall provide parts support for MSC vessels’ various pumps made by IMO Industries and Warren Pump. Currently there are at least 62 different IMO Industries and Warren Pump pump installations on MSC vessels. Known Kit # for each Model Pump for these Installations are included here as an Appendix. A partial list of pump models is included below. The Contractor may also be asked to supply but not limited to the following pump parts: couplings, casings, impellers, shafts, rotors, idler, and motors as originally supplied by IMO Industries and Warren Pumps.

1.3 MSC requires a broad range of Original Equipment Manufacturer (OEM) pump parts for refurbishment and maintenance of the existing IMO Industries and Warren Pump pumps installed aboard various MSC vessels. These pumps include, but are not limited to the following: 413DVCS, 413RBCS, A3DBCS, A3DBCSX, A3DBS, A3DVCSX, C3EHCS, DA3DBCS, D3EBFS, D3EBCS, D3EHCS, D3EHFS, G3DBCS, G3DHCS, 2-1/2-DBH, 14-DBVB-16, 12-DBVB-18, 6-DBVB-15, 5-DBVB-21, S133.66.6FGE-M060, 8-DBCN-22, 12-DTBM-14H, 14-DLBM-16, X 1-1/2 X 7, and 25” VP. Pump parts may include, but are not limited to, major and minor overhaul kits (reflected in Exhibits A through E) and the contents of these kits sold individually. Parts other than those found in Exhibits A through E may be ordered under this contract vehicle.

1.4 The Contractor may also be called upon to supply new pumps for new, or modified, installations on the vessels. The Contractor would be required to supply design recommendations and requirements for new and existing projects.

1.5 All parts ordered under this contract shall be OEM parts.

2. SCOPE.

2.1 Through issuance of a delivery or task order, the Contractor shall provide IMO Industries and Warren Pump OEM part support on a worldwide basis, for MSC Ships and any other Government owned or Government chartered ships designated by MSC. The Contractor may be required to perform studies and simple analyses, ship checks, technical reports, drawings and design engineering services for new pump systems to include engineering calculations that are needed for a complete system install, testing, procurement of parts, and/or shipboard Transalt installations onboard MSC vessels.

2.2 OEM Products. COMSC Instruction 4490.1, Original Equipment Manufacturers and Non-Original Equipment Manufacturers Use Policy and associated Safety Management System Procedure 10.6-002-ALL, Identification of Critical Equipment dictates the use of OEM parts and OEM-authorized technical representatives for parts and service on critical equipment.

2.3 Kits List. The Contractor is required to provide prices for Pump Parts Kit listed in Appendix A. No changes to this list or the contents of the kits can be made without the permission of the Contracting Officer as all Offerors will be using the same list. It is understood that some kits are duplicated as they are used for different Model Numbers. Prices are still required for each separate entry as listed, it is also understood that some parts may be obsolete. If parts are unavailable, or have been replaced, notify the Contracting Officer for resolution.

2.4 Parts List. No services outside of manufacturing parts or components for existing installations. Contractor is to provide individual quantities of parts that are included in the Pump Parts Kits List detailed in Paragraph 2.3, including but not limited to Mechanical Seals, O-Rings, Gaskets, Bearings, Wear Rings both Standard Sized and Undersized, Impellers and shaft sleeves. Additionally, Contractor is to provide individual quantities of pump parts not included in Pump Parts Kits List detailed in Paragraph 2.3 to include but not limited to the following: entire Pump with internals, Pump Casings, Couplings, Motors, shafts, Rotors and Idlers. The Contractor is expected to supply these components complete and ready for service. Parts are to be as originally supplied by IMO Industries and Warren Pumps.

2.5 Engineering Services Support. The Government may require engineering analyses to support system/component design changes and modifications. Such analyses may include, but are not limited to, feasibility studies, inspection reports, reports of onboard technical surveys, obsolescence studies, specification development, failure analyses, Trans-Alt development and risks associated with execution, engineering calculations, drawing development, Rough Order of Magnitude (ROM) estimates associated with each option and a timeline for design and installation.

2.6 Repair Parts and Tools. The Contractor is to furnish new OEM repair parts and tools for the components identified in Section 2.3-2.4 above. These items are to be from the OEM factory or be of "equivalent construction quality". The Contractor shall provide documentation of "equivalent construction quality" to include type/grade of materials, strengths, dimensional tolerances, certification of the OEM’s acceptance of equivalence, etc. The MSCREP shall provide concurrence when proper documentation has been submitted.

2.7 Parts Obsolescence. The Contractor shall identify parts which are nearing obsolescence and/or are no longer supported. The Contractor shall provide drawings and part numbers for items that are no longer available due to being discontinued. The Contractor shall provide lead time and prices for manufacturing parts that have been discontinued, and shall fabricate these parts as per OEM drawings and specifications.

2.8 Life Cycle: The Contractor shall provide a life extension plan for the modernization and support of equipment which parts are being discontinued. The Contractor shall make every effort to identify modifications, upgrades, or suitable equivalent parts for future modifications, alterations, and upgrades.

3. ORDERING PERIOD.

3.1 This contract consists of a five (5) year ordering period. Exhibits A through E correspond with part pricing validity for specified lengths within this five (5) year ordering period. Part delivery lead time will be negotiated and agreed upon on a delivery order (DO) basis for parts not prenegotiated under Exhibits A through E.

4. DELIVERY LOCATION.

4.1 Required delivery locations will be provided on a per DO basis. All parts will be FOB destination in accordance with block 11 of the SF 1449.

5. CONTRACT TYPE.

5.1 This will be a Requirements type contract, in accordance with FAR 16.503, with firm-fixed-price DOs. Under this type of contract, deliveries will be scheduled by placing DOs with the contractor. Electronic mail is an acceptable form of transmission for all DOs, modifications, and correspondence issued under this contract. DOs may be issued orally; however, orally issued orders will be followed up with a written DO.

6. AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

6.1 Except as specified in paragraph 5.2 below, no order, statement, or conduct of Government personnel shall constitute a change under the Changes clause of this contract.

6.2 The Contractor shall not comply with any order, direction, or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this order.

6.3 The Contracting Officer is the only person authorized to approve changes in any of the requirement of this Contract (and subsequent DOs) and notwithstanding provisions contained elsewhere in this Contract, said authority remains solely the Contracting Officer’s. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the Contract price to cover any increase incurred as a result thereof. The address and telephone number of the Contracting Officer is: A TBD Warranted N10 Contracting Officer

7. PROCEDURES FOR DELIVERY ORDERS

7.1 After Contract award, individual DOs will be issued as necessary to support contract requirements.

7.2 The following procedures will apply with respect to requesting and receiving proposals and awarding DOs:

7.2.1 Exhibits A through E contain prenegotiated pricing and delivery terms for a select group of parts. Delivery Orders (DO) may be issued without first issuing a Request for Delivery Order Proposal (RDOP) if the requirement is exclusively for parts and delivery locations identified in these exhibits.

7.2.2 In the event that a requirement does not exclusively contain prenegotiated parts, the Contract holder will be notified of the requirements either in writing through issuance of a Request for DO Proposal (RDOP) or orally.

7.2.2.1 Proposal submission may not exceed the part prices provided in the base contract, if found in Exhibits A through E, and any subsequent modifications. However, at the Contractor’s discretion, prices provided maybe lower than the prices established on the base contract and any subsequent modifications.

7.2.2.2 For parts not prenegotiated, the proposal price submission shall be broken down by the following:

7.2.2.2.1 Individual part by part number and description, unit price, total price when factoring in part quantity, delivery lead time, shipping original location, and shipping weight.

7.2.2.2.2 Shipping costs for all parts ordered including shipping quotes justifying the price quoted.

7.2.2.3 The proposal submission shall comply with any additional instructions stated in the RDOP.

7.3 MSC Contracting personnel will notify the Contractor(s) of the acceptance/rejection of the estimate. The Contractor will be directed to commence work via a DO sent from the Contracting Officer or Contract Specialist.

8. INVOICE REQUIREMENTS

8.1 The Contractor shall utilize Wide Area Workflow (WAWF) when submitting invoices.

ATTACHMENTS

The following documents, exhibits, and other attachments that will form a part of this contract are as follows:

ATTACHMENT NUMBER TITLE/DESCRIPTION

ATTACHMENT 1

Exhibit A ELINs A001 through A036 pricing are valid from date of contract award through one (1) year following date of contract award (Actual dates will be provided at time of contract award). Pricing is inclusive of IUID (see DFARS Clause 252.211-7003).

Price West Coast Shipping Price Delivery Timeframe from Date of Order

Exhibit B ELINs B001 through B036 pricing are valid from one (1) year following date of contract award through two (2) years following date of contract award (Actual dates will be provided at time of contract award). Pricing is inclusive of IUID (see DFARS Clause 252.211-7003).

Price West Coast Shipping Price Delivery Timeframe from Date of Order

Exhibit C ELINs C001 through C036 pricing are valid from two (2) years following date of contract award through three (3) years following date of contract award (Actual dates will be provided at time of contract award). Pricing is inclusive of IUID (see DFARS Clause 252.211-7003).

Price West Coast Shipping Price Delivery Timeframe from Date of Order

Exhibit D ELINs D001 through D036 pricing are valid from three (3) years following date of contract award through four (4) years following date of contract award (Actual dates will be provided at time of contract award). Pricing is inclusive of IUID (see DFARS Clause 252.211-7003).

Price West Coast Shipping Price Delivery Timeframe from Date of Order

Exhibit E ELINs E001 through E036 pricing are valid from four (4) years following date of contract award through five (5) years following date of contract award (Actual dates will be provided at time of contract award). Pricing is inclusive of IUID (see DFARS Clause 252.211-7003).

Price West Coast Shipping Price Delivery Timeframe from Date of Order

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

CAUTION - BRAND NAME ONLY

By accepting this purchase order, the Vendor expressly understands and acknowledges that this purchase order is only for the brand name items and parts identified in this purchase order and that the brand name items and parts constitute a material term of this purchase order. The Vendor shall not tender for delivery any substitute and/or alleged equal item or part. The Vendor is hereby warned that any substitute and/or alleged equal item or part tendered for delivery will be rejected by the Government as a non-conforming item and will provide a basis to cancel the purchase order or terminate the purchase order for cause. The Vendor shall be responsible for all costs, such as but not limited to shipping, delivery, repackaging, etc., and arrangements for the return of any non-conforming item. "

WOOD PACKAGING MATERIAL (WPM) - ADDITIONAL DELIVERY INSTRUCTIONS

In accordance with the 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.

MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (AUG 2012)

The information contained in this instruction is supplemental to DFARS 252.232-7006.

The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only. Information included in DFARS 252.232-7006 and this WAWF instruction apply only to WAWF Invoicing and WAWF Receiving Reports. Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.

When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006. Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, “Leave Blank.”

In some situations the WAWF system will pre-populate the “Pay DoDAAC,” “Admin By DoDAAC” and “Issue By DoDAAC.” The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table in DFARS 252.232-7006. If these DoDAACs do not match, then the Contractor shall correct the field(s).

If Receiving Reports are required, ensure that the “Inspection” and “Acceptance” defaults of “destination” for both fields are not changed in the WAWF online interface.

The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00). The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document. The Contractor shall bill to the lowest level, e.g., the SubCLIN level. The Quantity and Unit of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.

Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send additional email notifications by clicking on the “Send More Email Notifications” link that appears on the page. The Contractor shall click on this link and add the Technical Point of Contact’s (TPOC) or Contracting Officer’s Representative’s (COR) email address in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system.

(End of instructions)

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

The Government requires the offeror to provide the following no later than 4:00 p.m., local time, Norfolk, VA, on 15 August 2018:

1. Signed offer.

2. The names, titles, email addresses, and telephone numbers of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this Contract.

3. Company information including name, address, DUNS number, CAGE code, and TAX ID.

4. Price related information: Completed Attachment 1.

5. Verification of compliance with FAR and DFARS Part 25 terms and conditions. Includes submission of the place of manufacture for each part in the requirements schedule.

6. The following completed representations and certifications:

a. 52.212-3 Alt I, “Offeror Representations and Certifications – Commercial Items Alternate I”

b. 252.247-7022, “Representation of Extent of Transportation of Supplies By Sea”

7. Completed Small Business Subcontracting Plan in accordance with 52.219-9, 52.219-9 Alternate II, and 252.219-7003 (Dev)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

Award will be made to the responsible offeror at a fair and reasonable price.

(End of provision)

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

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or…