COMBINED_16TN017_DIESEL_GENERATOR.doc

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures under the test program for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on FEDBIZOPPS.

The RFQ number is N4215816TN017. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-89 and DFARS Change Notice 20160811. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: www.acqnet.gov/far and http://www.acq.osd.mil/dpap/dfars/index.htm. The NAICS code is 532490 and the Small Business Standard is $32.5 million. The proposed contract action is for commercial supplies or services for which the Government intends to solicit and negotiate with only one source, VETERAN FIRST ENERGY, LLC, under the authority of FAR 13.501(a)(1)(ii). Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is NOT a request for competitive proposals. However, all bids, proposals, or quotations received by the closing response date will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

The NAVSEA Norfolk Naval Shipyard requests responses from qualified sources capable of providing:

LINE

ITEM NO.

Period of Performance:

25 August 2016 through 24 August 2017

Place of Performance:

NORFOLK NAVAL SHIPYARD (NNSY)

USS ALBANY

DRYDOCK #2

PORTSMOUTH VA 23709-5000

IMPORTANT INFORMATION:

MARKINGS:

In addition to any other marking requirements found herein, the Contractor shall ensure that all equipment supplied under this contract shall bear the following information:

1. Contractor’s Name and Point of Contact information (name, tele# etc)

2. Government Contract Number; Contracting Officer’s information (name, tele# etc)

3. Vessel Name/Code

The above information should be prominently displayed in a manner that will withstand weather conditions under which this equipment may be exposed.

SAFETY:

Per FAR 22.102-1(a) entitled "Safety", Contractors are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard cognizance must follow the requirements in Shipyard Occupational Safety and Health Manual, NAVSHIPYDNORINST P5100.56 or the site specific location of the contract.

"Per FAR 22.102-1(a) entitled "Safety", Contractors are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard cognizance must follow Federal and State OSHA requirements and Norfolk Naval Shipyard OSHE Program Manual, NAVSHIPYDNORINST P5090.2 requirements or safety requirements for site specific location of the contract.

a. Contractors and Non-NNSY Government Agencies (NNGAs) are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard (NNSY) cognizance must adhere to Federal OSHA requirements for hazardous energy control IAW 29 CFR 1915.89 and must follow Hazardous Energy Control (HEC) procedures as identified in NAVSEA’s Occupational Safety, Health, and Environment Corporate Manual (OSHECM) Chapter 250 (latest revision), when performing work under NNSY contract. All HEC work to be performed by Contractors and NNGAs requires that NNSY Technical Points of Contact (TPOCs) and/or Contracting Officer’s Representatives (CORs) be notified of the HEC scope of work prior to starting work. Any changes or deviations in the initial scope of HEC work requires the NNSY TPOCs and/or CORs be informed of the change/deviation. Appendix 250.B-1 through B-3 of OSHECM Chapter 250 for multiple employer work identifies when Contractors and NNGAs are required to assign their Lockout/Tags-Plus Coordinator (LOTC) to coordinate HEC work with the cognizant NNSY LOTC. HEC locks shall be provided by the contractor or NNGA for their employees use. The HEC locks shall have red bodies with name labels or name tags affixed, identifying who installed the HEC lock(s) and a point of contact telephone number. HEC lock name lables and tags must be made of materials that will hold up to the environment to which they are exposed. HEC tags used for Tags-Plus HEC work shall be provided by the cognizant NNSY LOTC to the contractor or NNGA for their use if machinery, equipment, or systems (MES) cannot be locked out. OSHECM Chapter 250 Tags-Plus procedures will be strictly followed.

b. Contractors and NNGA’s may obtain electronic copies of OSHECM Chapter 250 (latest revision) and access the OSHA 1915.89 web site by using the following link to NNSY’s public access web site: http://www.navsea.navy.mil/shipyards/norfolk/default.aspx

c. Names and contact information for NNSY LOTCs and/or the Facility Custodian will be provided by NNSY TPOC and/or CORs set forth elsewhere in this award document.”.

GOVERNMENT POINT(S) OF CONTACT:

Delivery/Pick-up of equipment – TO BE ANNOUNCED UPON AWARD Subject Matter Expert – TO BE ANNOUNCED UPON AWARD

Invoice Certifier – TO BE ANNOUNCED UPON AWARD

PICKUP/REMOVAL OF RENTAL UNITS:

Unless otherwise notified by NAVSEA Service Contracting Branch, Norfolk Naval Shipyard, Code 412, rental/lease unit(s) shall be picked-up (removed) by Contractor on the morning after expiration of the established contract period of performance. In the event that this date occurs on a Saturday, Sunday, or a recognized Federal Holiday, the contractor may make the appropriate arrangements to pick-up the equipment on the first working day following the expiration of the contract at no additional cost to the Government.

If any difficulty is experienced in picking-up (removing) unit(s), the Contractor MUST immediately request the Contracting Officer’s direction by contacting Anjuné Ennis, Code 412.2A, via telephone (757) 396-8364 AND providing notification of same via email to Anjune.Ennis@navy.mil AND Valerie.Moore@navy.mil.

A Contractor’s failure to follow the above instructions regarding pick-up/removal of rental units will relieve the Government of any liability for further charges for the equipment.

REQUIREMENTS OF 1000 KW (MINIMUM) DIESEL GENERATOR SET

1. Output: 450volts, 3 phase, 3 wire (ungrounded or neutral that can be isolated), 1600 Amps Max.

2.

Safety Devices: Typical for commercial units including output circuit breaker.

3.

Integral fuel tank capable of running at 1000KW (MINIMUM) for twelve (12) hours without refueling.

4.

Self contained cooling system.

5.

Skid mounted with lifting options. Lifting points must have current capacity certifications.

6.

Outdoor enclosure. Unit must be equipped with rain-tight enclosure & block heater.

7.

The diesel generator must be of recent vintage, clean, and well maintained. The generator winding must be a minimum of 1.5 Meg Ohms above ground with neutral disconnected. The unit must have been tested within two weeks of delivery and applicable test data sent with unit. NNSY point of contact TBD.

8.

If equipped with “reverse power” relay, disconnect from control panel.

9.

Major maintenance shall be handled by vendor if breakdown occurs.

10.

Transportation to be vendor responsibility door to door.

11.

Rental will be for approximately twelve (12) months in intermittent usage. Unit will be utilized as a back-up power source to Norfolk Naval Shipyard (NNSY) Normal Shore power provided to ship. (The unit will be exercised at least once a week during stand-by periods and started/stopped to train Ship’s Force in operation of the unit.)

12.

Unit is required tentatively 05/20/15 to 05/19/16. The unit shall be delivered to NORFOLK NAVAL SHIPYARD (NNSY), Drydock #2 on or about 05/20/15 and picked-up from Norfolk Naval Shipyard (NNSY), Drydock #2 or Pierside on or about 05/19/16.

13.

Approximate “wet” weight of generator set not to exceed 40,000 lbs.

14.

No connection cables required. Provide with bare bus for lug connection.

15.

Maximum size not to exceed 20’ L x 8’ W x 8’-6” H.

16.

Unit must be compatible with Ship Yard furnished “THOF-500”- T-600 lugged output cables (3 per phase).

If mechanical lug connections are provided, they should be sized for 750MCM (3 per phase).

17.

Unit must be compatible with Ship Yard furnished block heater and battery charger power supply cables.

18.

Unit to be supplied with an EMPTY 610 gallon minimum “ENVIRO-Tank” auxiliary fuel tank compatible to the generator set.

19.

Vendor to furnish and install interconnecting supply and return fuel hoses, with isolation valves, from the auxiliary fuel tank to the integral fuel tank of the generator set.

20.

Vendor to provide training to Ship’s Force in the proper operation of the generator set, switching of fuel sources and emergency securing of the unit.

21.

Vendor to provide assistance with electrically connecting output cables and providing for disconnect/reconnect of any electrical components that require access into equipment cabinets.

22.

When the equipment is required to be removed to the contractor's facility for repair or replacement, the contractor shall be responsible for loss or damage from the time it leaves the government site until it is returned to the government.

GOVERNMENT RESPONSIBILITY:

1.

Provide operators

2.

Perform basic maintenance a.

Monitor gauges and meters b. Refill fuel tank

3.

Equipment movements within the shipyard

4.

Lost items and equipment damage beyond normal wear and tear

NOTES:

1.

New or used equipment may be provided. NNSY reserves the right to inspect the proposed equipment prior to contract award.

2.

The Diesel Generator will be exposed to everyday weather, and saltwater air. It is the contractor's responsibility to provide any protective coverings for the unit.

3.

The government reserves the right to return the Diesel Generator at any time prior to the expiration of the rental period. The contractor agrees to prorate costs for the time the units are in use by NNSY only. The government agrees to give the contractor twenty-four (24) hour notice for return of units prior to expiration of rental period.

Requirements for Lifting of Equipment

1.

The equipment shall be outfitted with suitable attachments for overhead lifting.

1.1.

For multiple point lifts each lifting attachment shall be capable of supporting one half the gross weight of the equipment with a design factor of five to one based on ultimate strength. For single point lifts the lifting attachment shall be capable of supporting the gross weight of the equipment with a design factor of five to one based on ultimate strength.

1.2.

For multiple point lifts each lifting attachment shall be designed to accept a standard anchor shackle (Federal Specification RR-C-271D, type IVA) which is capable of supporting one half the gross weight of the equipment. For single point lifts the lifting attachment shall be designed to accept a standard anchor shackle (Federal Specification RR-C-271D, type IVA) which is capable of supporting the gross weight of the equipment.

1.3.

Design of the lifting attachments shall be such that the attachments and shackles are not side loaded more than 10° out of the plane. Lifting attachments shall be located such that the lifting slings do not contact the equipment, or alternatively a spreader beam certified to NAVFAC P-

307 shall be provided. Whenever practical, the lifting attachments shall be located above the center of gravity, and such that the lifting slings do not contact the equipment housings.

1.4.

Each lifting attachment shall be conspicuously marked in a contrasting color “Lift Here”.

Letters shall have a minimum height of 1”.

2.

The equipment shall be marked in a prominent location with the gross weight. Sand hoppers, tubs, or other containers that may contain material shall be marked with the empty and full weight (or alternatively the empty weight and working load limit). Marking shall be upper case letters of a contrasting color, with a minimum height of 1”. Marking shall include the units (i.e. “pounds”, “long tons”, etc.).

3.

The equipment shall be provided with a lifting sketch / rigging diagram that meets the requirements of enclosure (1).

3.1.

The lifting sketch shall detail any specific requirements and / or configurations that must be meet prior to lifting (i.e. “engage swing lock”, “Tilt mast back fully”, “Rotate lifting basket over side”, “Utilize 10’ minimum length slings”, “Spreader beam required”, etc.).

3.2.

The lifting sketch shall include the location of the center of gravity of the equipment (full fuel, hydraulic tanks, etc.), equipment model/manufacturer, and gross weight.

3.3.

A copy of the lifting sketch shall be permanently posted on the equipment, and a copy shall be forwarded to Code 714 (396-3345, 3346).

4. If specialized handling gear other than shackles, standard slings, or chain-falls (i.e. spreader beams, special lift rigs, etc.) is required, the contractor shall furnish it. This handling gear shall be provided certified in accordance with NAVFAC P-307, with written documentation of proof testing.

Rigging Sketch Requirements

Rigging sketches, as a minimum, shall identify the following:

1.

The weight of the load.

2.

The location of the center of gravity.

3.

The minimum crane capacity.

4.

The minimum capacity / length of slings.

5.

The minimum capacity of other standard rigging gear.

6.

The attachment (lifting) points for the load.

(a) The attachment points for multiple leg lifts shall be sized such that each attachment point can support half the load’s weight at the anticipated lift angle.

(b) The attachment point for single leg lifts shall be sized such that the attachment point can support the entire load’s weight.

7.

Limitations on allowable orientations for any parts making up the lifting assembly.

8.

For single leg vertical lifts using twisted rope (wire or synthetic), two parallel ropes each capable of supporting the entire load alone shall be required unless a method is used to prevent unlaying the rope.

9.

A minimum D/d ratio of one shall be required where wire rope slings pass over any object, or in the eyes of wire rope slings. A minimum D/d ratio of two shall be required where synthetic rope slings pass over any object, or in the eyes of synthetic rope slings.

(a) "D" represents the diameter of the object the sling passes over. (b) "d" represents the diameter of the sling.

(c) Table 14-3 of NAVFAC P-307 lists efficiency factors at various D/d ratios.

10. Components in each handling assembly shall be sized based on the worst case distribution of loads.

(a) When making a two, three, or four point lift, the handling gear shall be sized so that two legs can support the load without exceeding the safe working load (SWL) at the lift angle expected, unless an equalizing method is used.

11. When non standard gear is required (i.e. round stock lifting bars) written instructions shall be provided that ensure:

(a) The proper material is being used,

(b) The item is certified IAW NAVFAC P-307,

(c) Any special requirements or dimensions are followed to ensure that engineering assumptions are met (i.e. eccentricity of the bearing points).

The following FAR provision and clauses are applicable to this procurement:

52.212-1, Instructions to Offerors - Commercial Items;

52.212-3 and its ALT I, Offeror Representations and Certifications - Commercial Items;

52.212-4, Contract Terms and Conditions - Commercial Items, 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items including

52.204-7 System for Award Management

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13

52.204-19

52.209-2 SAM Maintenance Incorporation by Reference of Representations and Certifications

Prohibition on Contracting with Inverted Domestic Corporations--Representation

52.209-6

52.209-10

52.211-15 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Prohibition on Contracting with Inverted Domestic Corporations

Defense Priority And Allocation Requirements

52.219-28 Post Award Small Business Program Representation

52.222-3 Convict Labor

52.222-19 Child Labor – Cooperation with Authorities and Remedies 52.222-21 Prohibition of Segregated Facilities

52.222-26 Equal Opportunity

52.222-36 Affirmative Action for Workers with Disabilities

52.222-50 Combating Trafficking in Persons

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving 52.225-13 Restriction on Foreign Purchases

52.232-33 Payment by Electronic Funds Transfer – SAM 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim

Quoters shall include a completed copy of 52.212-3 and it’s ALT I with quotes. All clauses shall be incorporated by reference in the order. Additional contract terms and conditions applicable to this procurement are:

DFARS 252.212-7000, Offeror Representations and Certifications - Commercial Items;

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirements to Inform Employees of Whistleblower Rights

252.203-7005 Representation Relating to Compensation of Former DoD Officials

252.203-7997 Internal Confidentiality Agreements (Dev 2016-O0003)

252.204-7003 Control of Government Personnel Work Product

252.204-7004 System for Award Management

Alt A

252.204-7015

252.223-7006

252.223-7008 Disclosure of Information to Litigation Support Contractors Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials Prohibition of Hexavalent Chromium

252.225-7048 Export-Controlled Items

252.232-7003 Electronic Submission of Payment Requests

252.232-7010 Levies on Contract Payments

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.244-7000 Subcontracts for Commercial Items 252.247-7023 Transportation of Supplies by Sea

CLAUSES INCORPORATED BY FULL TEXT

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within any period prior to contract expiration.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(s):

FAR Clauses: http://acquisition.gov/far/ DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfars/

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013) ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications 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 (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern--

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

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

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

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

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

"Women-owned 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 its stock is owned by one or more women; or

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

"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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(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 electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations 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 (n) 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 on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will 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 to paragraphs (c)(8) and (9): 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 [ ___ ballot] is, [ ___ ballot] 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 [ ___ ballot] is, [ ___ ballot] 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 [ ___ ballot] is, [ ___ ballot] 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) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(11) (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)(9)(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: ___ .)

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) 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, U.S. Trust Territory of the Pacific Islands (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) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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 $100,000.) 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 Act--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--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 Act--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 Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

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 Act-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 Act--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:

[List as necessary]

(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 Act—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 Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I (Jan 2004). 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 Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II (Jan 2004). 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 Act--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

(4) Buy American Act--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 Act--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 Act. 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; and

(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) [ ___ ballot] Have, [ ___ ballot] 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. 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.

(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. 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.