COMBO_SYNOPSIS_USS_George_H_W_Bush_HPAC_FINAL_RFQ_N42158_18_Q_0007_08_10_2018.pdf

N42158-18-Q-0007 High Pressure Air Compressors - USS George H. W. Bush

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Part 12 – Acquisition of Commercial Items and FAR Part 13, using Simplified Acquisition

Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and 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 N42158-18-Q-0007. This Solicitation documents and incorporates provisions and clauses in effect through FAC 2005-99 and DFARS Change Notice 20180629. 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:

https://www.acquisition.gov/browsefar/ and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/. The NAICS code is 532490 and the Small Business Standard is $32.5M. The proposed contract is 100% set aside for small business concerns. The proposed contract action is for commercial services for which the Government intends to award a

Single Award contract with Firm Fixed-price provisions. All bids, proposals, or quotations received by the closing response date may be considered by the Government.

This announcement will close on 16 August 2018 at 10:00 AM Eastern.

Norfolk Naval Shipyard (NNSY), Portsmouth, VA requests responses from qualified sources capable of providing:

CONTRACT

LINE

ITEM NO.

(CLIN)

DESCRIPTION QTY UNIT

UNIT

PRICE

TOTAL

0001 Rental of three (3) Air-Cooled High Pressure

Air Compressors (HPAC) IAW Performance

Work Statement herein.

BASE PERIOD

Period of Performance:

9/15/2018 – 9/14/2019

12 Months

0002 Freight Charge – Inbound 3 HPACs 1 Job

TOTAL

PRICE

Provide rates:

DAILY:

WEEKLY:

MONTHLY:

YEARLY:

https://www.acquisition.gov/browsefar http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

WEEKLY:

CLIN.

DESCRIPTION QTY UNIT

UNIT

PRICE

TOTAL

2001 Rental of three (3) Air-Cooled High Pressure

Air Compressors (HPAC) IAW Performance

Work Statement herein.

OPTION PERIOD 2:

Period of Performance:

9/15/2020 – 11/30/2020

2.5 Months

2002 Freight Charge – Outbound 3 HPACs 1 Job

WEEKLY:

CLIN.

DESCRIPTION QTY UNIT

UNIT

PRICE

TOTAL

1001 Rental of three (3) Air-Cooled High Pressure

Air Compressors (HPAC) IAW Performance

Work Statement herein.

OPTION PERIOD 1:

Period of Performance:

9/15/2019 – 9/14/2020

12 Months

1002 RESERVED

PERFORMANCE WORK STATEMENT

1. Scope:

1.1 Title: Ships Service High Pressure Air Compressors (HPACs)

1.2 Self-contained compressed air system used to supply high-pressure air for ship service applications including breathing air. The compressed air system will include a compressor, air dryer, closed loop cooling system and other components required to meet the specifications below.

1.3 Location of work:

1.3.1 Inside NNSY waterfront CIA; Dry Dock 8, and Pier 5A.

1.3.2 Three (3) HPACs are required.

2. Reference:

2.1 OPNAVINST 5100.23G

2.2 Federal Specification RR-C-271D

3. General Specifications:

3.1 COMPRESSED AIR SUPPLY PARAMETERS:

3.1.1 Each compressor shall independently supply a Free Air Delivery (FAD) of at least 85

SCFM of air at a pressure of 5,000 psig. The compressed air supplied by the compressed air system shall be certified for breathing air quality per Paragraph 15008 of

OPNAVINST 5100.23, latest revision, or the applicable OSHA regulations for compressed breathing air supply. The air quality specifications for breathing air and ship service are as follows:

a. Oxygen: 19.5 to 23.5%

b. Carbon Dioxide (by volume): 1000 ppm maximum

c. Carbon Monoxide (by volume): 10 ppm maximum

d. Hydrocarbons (condensed): 0.005 milligrams/liter maximum

e. Supply temperature: 115oF maximum

f. Water content: Not to exceed a dew point of (-70oF) at atmospheric pressure (18 ppm by volume).

g. Compressed air oil content shall not exceed 0.1 ppm by weight.

h. Dirt/particulate: Not to exceed 5 microns nominal and 18 microns absolute.

3.1.2 The compressed air system shall have controls which start and stop the compressor when pressure set points are met at the compressor discharge. The set points shall be adjustable by the customer. The set points shall have a range of adjustability between 3000 and

5000 psi.

3.2 EQUIPMENT REQUIREMENTS:

3.2.1 The compressed air system shall be electrically powered, suitable for a 460-Volt, 3-phase, 60HZ, and 100 Amps max power supply. The compressed air system shall be self-contained so that the system is capable of producing breathable quality, compressed air WITHOUT any additional utilities such as a water supply.

3.2.2 Shall be a five (5) stage compressors capable of running 24 hours/day, 7 days/week.

3.2.3 The compressed air system shall be self-regulating with fully automatic controls, alarms, and indicators so that the compressor package requires monitoring no more than once every 24 hours by compressor operators after start-up.

3.2.4 The compressed air system shall include the following accessory equipment and any other equipment necessary to meet the requirements of this specification:

a. A filtration/purification system as required allowing the output compressed air to be certified for breathing air supply, per Section 3.1.1 above.

b. Air filter, for the purpose of oil removal, shall be installed between the compressor and dryer. This requirement also applies to oil-less compressors.

c. An air dryer system to ensure the output compressed air meets the required water content specification per Subparagraph 3.1.1.f. The dryer is to be a heatless, twin tower design of regenerative nature utilizing hygroscopic desiccant with automatic condensate purges. One tower shall provide dry air while the other is in regeneration mode.

d. An air-cooled after-cooler with an automatic water drain trap to remove condensed moisture from the compressed air. The after-cooler shall cool the compressed air to within 15oF of ambient temperature at a continuous load of either 85 SCFM FAD at 5,000 psig or the rated capacity of the compressor at

5000 psig, whichever is higher.

e. An air receiver to minimize cycling.

f. An electronic hygrometer that provides real-time outlet dew point temperature for easy moisture content monitoring shall be included.

3.2.5 Each compressed air system will have a CO Monitor installed to alarm and secure the compressor upon a high CO reading of 10 PPM.

3.2.6 Unit will be in continuous use outdoors, and will be directly exposed to everyday weather and salt water air. All exposed components must be weather resistant. All components must meet or exceed NEMA Type 4 for outdoor use.

3.2.7 After the contractor receives the contract and prior to shipping, the contractor shall perform a successful test of the final compressed air system set up and provide a digital copy of all engineering data and Objective Quality Evidence to NNSY Technical POCs that shows the compressed air system setup meets all requirements of this Performance Work Statement (PWS).

CONSTRUCTION

3.2.8 The compressed air system shall be wholly contained in one container or skid. The containers shall be constructed to be portable, capable of being both transported by forklift and crane.

3.2.8.1 If containers are utilized they shall have louvers to prevent water intrusion during rain while system is in operation.

3.2.9 The installed compressed air system, including the compressor and all accessory equipment, shall together occupy a volume with dimensions which do not exceed 8’-0” wide by 20’-0” long by 10’-0” high.

3.2.10 The compressed air system shall comply with the applicable OSHA regulations.

3.2.11 The compressed air system shall comply with the applicable ASME Boiler and Pressure Vessel

Code.

3.2.12 The compressor condensate discharge shall be equipped with a flexible hose at least twelve (12) feet in length to permit users the option of directing condensate into a user-supplied containment drum.

3.2.13 The compressed air system shall include drip pans or trays to capture and contain fluid leaks.

3.2.14 Relief valves shall have intact wire seals on their adjustment caps and shall bear tags indicating the set point, testing activity and test date.

3.2.15 Pressure gauges shall be in calibration to manufacturer standards and shall bear labels showing calibration which will not expire during the contract period.

3.2.16 Power cable end fittings will be lugged and color coded to indicate proper phasing. See

Paragraph 3.4 of this Section – “Interface Requirements for Rental Equipment Hook-up to

NNSY Temporary Service” for proper electrical connections required.

3.2.17 The outlet from the compressed air system shall have a cut-out valve for isolation purposes and the end fitting of the compressed air outlet will be ½” male 6000# CPV Union End fitting. See

Paragraph 3.4 of this Section – “Interface Requirements for Rental Equipment Hook-up to

NNSY Temporary Service” for proper mechanical connections required.

3.2.18 Discharge piping will have a 90o fitting in order to eliminate the kick hazard.

3.2.19 Inlet air filter will be Polymer in lieu of paper filters.

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

3.2.21 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.

3.2.22 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.

3.2.23 Design of the lifting attachments shall be such that the shackles are not side loaded.

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

Letters shall have a minimum height of 1”.

3.2.25 The equipment shall be marked in a prominent location with the gross weight. 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.).

3.2.26 The equipment shall be provided with a lifting sketch / rigging diagram.

3.2.27 The lifting sketch shall detail any specific requirements and/or configurations that must be met 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.).

3.3 MARKINGS

3.3.1 The compressed air system shall have the (1) air capacity, (2) maximum supply pressure and (3) the electric motor horsepower and RPM rating stamped on a metal plate attached to the equipment. Each major component of the system, including, but not limited to the compressor, electric motor, air dryer, and the purification system shall have the manufacturer's name and the manufacturer's serial number stamped on a metal plate attached to the component. No metal stamping is permitted on any surface subjected to high stresses in service, except as permitted by the applicable portions of the ASME Boiler and Pressure Vessel Code.

3.4 INTERFACE REQUIREMENTS FOR RENTAL EQUIPMENT HOOK-UP TO NNSY

TEMPORARY SERVICE:

3.4.1 All Rental Equipment received by NNSY must be supplied with proper interface connectors shown below to allow hook-up by NNSY Shop 99. There may be specific equipment that will require NNSY Shop 99 evaluation to determine proper cabling and connectors.

Mechanical Service: Shall have ½-inch male 6000# CPV Union End outlet connection interface.

110-120 VAC Service: Material Manufactured by Duraline

20 Amp or less – 3 foot tail of 12/3 cable w/3MT20 crowsfoot plug

Over 20 Amp and up to 50 Amp: 3 foot tail of 6/3 cable w/3MT50 crowsfoot plug

440 VAC Service: Material Manufactured by Duraline

20 Amp or less – 3 foot tail of 12/4 cable w/ 4MT20 crowsfoot plug

Over 20 Amp and up to 50 Amp – 3 foot tail of 6/4 cable w/ 4MT50 crowsfoot plug

Above can also be used on 220VAC Any service over 50 Amp requires box cable

440 VAC 50-100 Amp Service: Material manufactured by Crouse Hinds

50- 100 Amps 3-5 foot length of 2/4 cable w/male camlock twist connectors:

Part Numbers:

Brass – A200036-2

Black Sleeve – A200706-7

White Sleeve – A200706-12

Red Sleeve – A200706-9

Over 100 and up to 225 Amps: 3 - 5 foot length of 3 conductor 3/0 cable with camlock connectors:

Part Numbers:

Brass – A200038-2

Black Sleeve – A2000706-13

White Sleeve – A2000706-18

Red Sleeve – A2000706-15

Over 225 and up to 400 Amps: 5-15 length of 500 MCM cable w/camlock connectors:

Part Numbers:

Brass – A20028-2

Black Sleeve – A200056-

White Sleeve – A200056-6

Red Sleeve – A200056-3

4. Period of Performance

4.1 September 15, 2018 thru November 30, 2020 (Start and end times may change due to ship’s schedule.)

5. Contractor Requirements:

5.1 Contractor shall supply POC’s information (name and phone number) on the equipment.

5.2 Deliver and retrieve the compressed air system at Norfolk Naval Shipyard, Portsmouth Virginia, inside the CIA area at no additional charge to the government. Exact location to be determined at delivery by the Temporary Service Zone Manager (TSZM).

5.3 Upon arrival to NNSY for compressed air system delivery, contractor shall contact TSZM for information regarding placement of the compressed air system at NNSY job site.

5.4 If necessary, after delivery, connect any accessory equipment to the compressed air system.

Ensure the compressed air system is set up and ready for NNSY to connect shipboard when required.

5.5 Provide start up training for compressed air system on-site at Norfolk Naval Shipyard, Portsmouth VA. Contractor shall coordinate with the Temporary Service Zone Manager and the

Technical POC to determine a time when the project is ready for the compressed air system to be started. Training shall include how to operate the system and the basic monitoring/visual checks that are required on a daily basis. Training shall require no more than one instructor and shall last no longer than one workday.

5.6 During start up training, Contractor shall operate the compressed air system and supply air meeting the specified dew point and oil content for at least one continuous hour. Government sampling and laboratory testing shall validate the dew point and oil content (note: it will take a few days for the results to be received). Air and fluid leaks and all mechanical failures shall be corrected by the contractor at this time prior to acceptance by NNSY.

5.7 Contractor shall supply a written procedure for any cartridge/filter change-outs if necessary specifying the number of hours and how to accomplish the same and shall deliver the compressor with sufficient cartridges/filters to permit one complete cartridge/filter change-out.

5.8 Replacement cartridges/filters shall be supplied by the contractor throughout the rental period at no extra cost. These cartridges/filters will be replaced by the customer.

5.9 Contractors provide compressor oil, antifreeze, and/or any other consumables that are required for proper operation of the compressed air system/accessory equipment throughout the rental period at no extra cost. Contractor provides extra consumables to NNSY at the start up training.

5.10 Provide engineering drawings or sketches showing the general arrangement of the compressed air system. These drawings and sketches shall show the flow path through the compressed air system and all auxiliary equipment that are part of the compressed air system.

5.11 Provide a Standard Operating Procedure for the whole compressed air system (including the compressor, air dryer, after-cooler, air purification system, and all auxiliary equipment) in order for NNSY to be able operate the system properly.

5.12 Provide the separate commercial operating instruction manuals for the air compressor and all other major components of the compressed air system.

5.13 Provide 24 hour a day, seven-day a week on-call repair service during the rental period at no additional charge. The contractor will be responsible for initiating repairs on-site, at

Norfolk Naval Shipyard, within 24 hours of verbal or written notification that the equipment has malfunctioned at no additional charge. The contractor will replace the malfunctioning unit or component if the compressed air system cannot be returned to service within 72 hours of being notified of the original malfunction at no additional charge. Provide all parts requiring repair or replacement under circumstances of normal equipment wear and tear at no additional charge.

5.14 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 site.

5.15 Contractor personnel shall notify the Temporary Service Zone Manager (TSZM) for authorization prior to any work or maintenance on rental unit.

5.16 Lost items by Government personnel and equipment damaged beyond normal wear and tear, Contractor must submit a claim separate from rental. This is to be submitted no later than 60 days past the end of the rental period.

5.17 The Government reserves the right to return the unit at any time prior to the expiration of the rental period. The contractor agrees to prorate costs for the time the compressed air system in use by NNSY only. The Government agrees to give the contractor twenty-four (24) hours-notice for the return of the compressed air system if the return is prior to the expiration of rental period.

5.18 Contractor to provide options to allow NNSY to extend rental of compressed air system on a monthly basis. The Government reserves the right to extend the rental period on a monthly basis if necessary. The Government reserves the right to return the unit at any time prior to the expiration of the extension rental period. The contractor agrees to prorate costs for the time the compressed air system in use by NNSY only.

5.19 Contractor to contact NNSY 10 business days prior to the end of rental period to confirm pickup date.

5.20 Preparation For Delivery:

5.20.1 The compressed air system must be preserved and packaged per the manufacturer's commercial practice. Packing shall be in a manner that will ensure acceptance by a common carrier and safe delivery at the destination. The shipping container and method of packing must comply with the Uniform Freight Classification Rules or other carrier regulation as applicable to the mode of transportation.

6. Government Responsibility:

6.1 Provide operators for equipment.

6.1.1 Perform basic monitoring/visual checks.

6.1.2 Replace any air filters/cartridges (supplied by the contractor)

6.1.3 Equipment movements.

6.1.4 Provide point of contact for delivery, escort and notification to contractor for rental pickup. (TSZM)

7. Points Of Contact:

7.1 Technical POC: To be provided upon award

7.2 Invoice Certifying POC: To be provided upon award

7.3 Temporary Service Zone Manager (TSZM): To be provided upon award

7.4 Contracting Officer’s Representative: To be provided upon award

8. Safety Requirements:

8.1 "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 OSHE OSHECM Chapter Hazardous Energy Control

(HEC) 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 labels 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 NNGAs 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 Building Monitor will be provided by NNSY TPOC and/or Contracting Officer Representative set forth elsewhere in this award document.

INSPECTION AND ACCEPTANCE TERMS

Services for all contract line items (CLIN) will be inspected/accepted as follows:

INSPECTED AT INSPECTED

BY

ACCEPTED AT ACCEPTED

BY

Destination Government Destination Government

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The contracting officer’s representative (COR) is designated in writing by the Contracting Officer to act as his or her authorized representative to assist in administering the contract. COR limitations are contained in the written appointment letter. The COR is responsible for technical administration of the project and ensures proper Government surveillance of the contractor’s performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Any changes that the contractor deems may affect contract price, terms, or conditions shall be referred to the Contracting Officer for action.

The COR will use the Quality Assurance Surveillance Plan (QASP), Attachment 2 to monitor and evaluate contractor performance and ensure objectives of the contract are met. The QASP sets forth the procedures and guidelines that the Norfolk Naval Shipyard (NNSY) Waterfront Operations Division, Code 440 will use in ensuring the required performance standards are achieved by the contractor.

The following Federal Acquisition Regulation (FAR) and Department of Defense FAR Supplement

(DFARS) provisions and clauses are applicable to this procurement and are incorporated by reference:

FAR:

52.203-3 – Gratuities (APR 1984)

52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements–Representation (JAN 2017)

52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

52.204-7 – System for Award Management (OCT 2016)

52.204-9 – Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-13 – System for Award Management Maintenance (OCT 2016)

52.204-16 – Commercial and Government Entity Code Reporting (JUL 2016)

52.204-18 – CAGE Maintenance (JUL 2016)

52.204-19 – Incorporation by Reference of Representations and Certifications (DEC 2014)

52.212-1 – Instructions to Offerors - Commercial Items (JAN 2017)

52.217-5 – Evaluation of Options (JUL 1990)

52.232-39 – Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-1 – Disputes (MAY 2014)

52.233-3 – Protest After Award (AUG 1996)

52.237-1 – Site Visit (APR 1984)

52.237-2 – Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.247-34 – Destination (NOV 1991)

DFARS:

DFARS 252.201-7000 Contracting Officer's Representative (DEC 1991)

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

DFARS 252.203-7002 Requirements to Inform Employees of Whistleblower Rights (SEP 2013)

DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992)

DFARS 252.204-7007 Alternate A, Annual Representations and Certifications (JAN 2015)

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016)

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016)

DFARS 252.209-7004 Subcontracting w/ Firms…Terrorist Country (OCT 2015)

DFARS 252.222-7007 Representation Regarding Combating Trafficking in Persons (JAN 2015)

DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (SEP

2014)

DFARS 252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013)

DFARS 252.225-7048 Export-Controlled Items (JUN 2013)

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (JUN 2012)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006)

DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2010)

The following FAR and DFARS provisions and clauses are applicable to this procurement and are included in full text:

FAR:

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS—REPRESENTATION

(NOV 2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that—

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_1.html#wp1085903 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_1.html#wp1085953

(End of provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

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

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

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

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract;

violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

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

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

(2) Examples.

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

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS

Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

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

https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144964

(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager;

plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the

Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution

Under Section 1001, Title 18, United States Code.

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

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

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

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

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

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

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

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

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

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information

System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

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.

https://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website 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.

“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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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;

https://www.sam.gov/portal http://uscode.house.gov/ http://uscode.house.gov/

(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.

http://uscode.house.gov/ http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101(2)&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101(16)&num=0&edition=prelim http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13

CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://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 (t) 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 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, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

http://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667

(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.

(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…