COMBO_SYNOPSIS_USS_George_H_W_Bush_DEHUMIDIFIERS_FINAL_RFQ_10_23_2018.docx

N42158-18-Q-S004 Desiccant Dehumidifiers - 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 13.5, 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 N42158-198-Q-S004. This Solicitation documents and incorporates provisions and clauses in effect through FAC 2005-10099 and DFARS Change Notice 201810010629. 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 26 October 2018 at 3:00 PM Eastern.

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

CONTRACT LINE

ITEM NO. (CLIN)

BASE PERIOD

Period of Performance:

11/15/2018 – 11/14/2019

TOTAL PRICE

Provide rates:

DAILY:

WEEKLY:

MONTHLY:

YEARLY:

OPTION PERIOD 1:

Period of Performance:

11/15/2019 – 11/14/2020

TOTAL PRICE

WEEKLY:

MONTHLY:

YEARLY:

OPTION PERIOD 2:

Period of Performance:

11/15/2020 – 5/1/2021

TOTAL PRICE

WEEKLY:

MONTHLY:

YEARLY:

STATEMENT OF WORK

1. SCOPE:

1.1. Rental of (10) each Desiccant Dehumidifiers Unit(s) for dry air layup of the Main Steam Components.

1.2. Deliver and retrieve Desiccant Dehumidifiers Unit(s) to Norfolk Naval Shipyard, Portsmouth, Virginia, 23709

1.3. Marked for “USS GEORGE W. BUSH, CVN-77”.

1.4. Rental Period is from 11/15/2018 through 05/01/2021 with the option to return the Desiccant Dehumidifiers Unit(s) to the contractor prior to 05/01/2021 allowing for a contract price reduction prorated per the monthly rate, or extended up to 4 months beyond the end date in sequential one week increments.

2. GENREAL REQUIRMENTS:

2.1. Must be capable of outputting a minimum of 200 cubic feet per minute (CFM) and a maximum of 400 CFM of heated air at 0.24 inches of water +0.02 to -0.01 external static pressure.

2.2. Unit shall have a minimum of 2(ea.) blowers (i.e. inlet & outlet).

2.3. Unit shall have an electronic humidity sensor with digital display.

2.4. Unit’s heater element shall be positive temperature coefficient style heating elements, 1.75KW @ 440V.

2.5. Electrical Requirements: Power requirements for the dehumidifier are 440 Volt / 3 Phase / 60 Hz as supplied through remote disconnect with a current rating of not less than 4.7 amps.

2.6. Unit shall be provided with electrical circuit breaker.

2.7. Unit shall be provided with a pig tail with plug end IAW electrical requirements above.

2.8. Unit shall have at a minimum an “ON/OFF” switch with “POWER ON”, “UNIT RUNNING”, “HIGH HUMIDITY”, “HIGH TEMPERATURE”, “LOW AIRFLOW” indicator lights.

2.9. Unit shall have at a minimum manually set HIGH HUMIDITY set point and UNIT RUNNING set point controls.

2.10. All controls (i.e. ON/OFF switch and indicator lights) shall be mounted on the unit.

2.11. Inlet and outlet must be 4” flanged.

2.12. All ducts seams and/or access panels leading to and from the unit shall be air tight.

2.13. Unit shall have a 10 micron or finer fiber cellulose-based filter followed downstream by an 80 micron or finer metal mesh filter on both the inlet and outlet side of the unit.

2.14. Unit shall be a recirculating unit (i.e. has a flanged inlet and outlet that both meet the filtration requirements above)

2.15. Unit shall operate automatically from humidistat, capable of UNIT RUNNING set point to be set below 20% relative humidity.

2.16. Unit must be capable of removing moisture at a maximum rate of 3.8 lbs. per hour.

2.17. Unit shall have a design reactivation air flow minimum rate of 50 CFM.

2.18. The unit’s moisture increase of the reactivation air must be equal to the moisture reduction of the process air, taking the different air volumes into consideration. Satisfactory measurements may be assumed if the respective moisture changes agree within 10 percent.

2.19. Entire unit shall be a maximum of 22” wide x 20” deep x 40” tall

2.20. Unit shall be free standing and must have an approved ANSI lift bar and IAW lifting requirements.

3. CONTRACTOR RESPONSIBILITY (For Rental Units ONLY):

3.1. Equipment delivery and removal at no additional cost to the government.

3.2. Provide 4 hours of training upon delivery of units.

3.3. Provide all parts requiring repair or replacement under circumstances of normal equipment wear and tear at no additional charge

3.4. The contractor shall dispatch a representative in response to a service request to repair and/or replace the Dehumidifiers within four (4) hours of notification by Norfolk Naval Shipyard (NNSY) at no additional charge regardless if request is placed during normal business hours.

3.5. Contractor shall provide replacement or repaired units within 24 hours of malfunction (see paragraph 4.5 for more information).

3.6. Contractor shall store/provide 2 (ea.) “stand-by” units to NNSY in the event of shipboard unit failure.

3.7. 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.

3.8. Contractor is responsible for ensuring that all preventative maintenance is performed on equipment prior to delivery to the government as well as performing preventative maintenance as specified by the equipment’s manufacturer preventative maintenance schedule during the term of the rental period with the government.

3.9. Contractor is responsible for all travel associated with preventative maintenance. Contractor is responsible for providing service technicians that are able to meet the badging and security requirements of Norfolk Naval Shipyard/NOB.

3.10. Post contact information for service/repair of equipment directly on the rental equipment. Contact information must be packaged to withstand being located in an outdoor environment.

3.11. Contractor is responsible for cleaning Desiccant Dehumidifiers Unit(s) prior to delivery to the following requirements:

3.11.1. Uncoated Surfaces: Adherent corrosion products typical on surfaces of the type material being considered (e.g., light rust on carbon steel) are acceptable. No loose corrosion products may be present.

3.11.2. Desiccant Dehumidifiers Unit(s) shall be cleaned to a degree of cleanliness that results in a surface free of grease, oil, flux, scale, loose dirt particles and any other matter foreign to the base metal. Adherent light superficial rust on steel surfaces, caused by short time exposure to the atmosphere is acceptable.

3.12. Contractor shall ensure all clasp, switches, seals, and hardware, etc. are intact and functioning properly upon delivery to NNSY.

3.13. Contractor shall perform walk around physical inspection of unit with NNSY personnel to document/verify unit’s structural integrity upon delivery to NNSY.

4. ADDITIONAL CONTRACTOR SERVICES/REQUIREMENTS:

4.3. Provide start up training for the air drying system on-site at Norfolk Naval Shipyard, Portsmouth VA 23709. The training shall be conducted the day of, or the next day after the air drying system is delivered. Training shall require no more than one instructor and shall last no longer than 4 hours.

4.4. Provide commercial operating instruction manuals for the Desiccant Dehumidifiers Unit(s).

4.5. Provide 24 hour a day, seven-day a week on-call repair service during the rental period. The contractor will be responsible for initiating repairs on-site, at Norfolk Naval Shipyard, Portsmouth Va. 23709, within 4 hours of verbal or written notification that the equipment has malfunctioned. The contractor shall replace the malfunctioning Desiccant Dehumidifiers Unit(s) if the Desiccant Dehumidifiers Unit(s) cannot be returned to service within 24 hours of being notified of the original malfunction.

5. GOVERNMENT RESPONSIBILITY:

5.1. Provide operators.

5.2. Operate equipment

5.3. Monitor all gauges.

5.4. Provide/Change filters

5.5. Equipment movement between aircraft carrier and shop 99.

5.6. Lost items and equipment damage beyond normal wear and tear.

6. NOTES:

6.1. New or used equipment may be provided. Used Desiccant Dehumidifiers Unit(s) shall not have in excess of 2,000 operating hours at the beginning of the rental period. NNSY reserves the right to inspect the proposed equipment prior to contract award at the contractor’s facility.

6.2. The Desiccant Dehumidifiers Unit(s) will be exposed to everyday weather, and saltwater air. At the time of delivery, it is the contractor's responsibility to provide any protective coverings for the unit.

6.3. The government reserves the right to return one or all units 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 a twenty-four (24) hour notice for return of units prior to expiration of rental period.

7. SAFETY:

7.1. "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.

7.2. 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.

7.3. 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

7.4. Names and contact information for NNSY LOTCs and/or the Building Monitor will be provided by NNSY TPOC and/or CORs set forth elsewhere in this award document.

8. PREPERATION FOR DELIVERY:

8.1. The Desiccant Dehumidifiers Unit(s) must be preserved and packaged per the manufacturer’s commercial practice. Packing shall be in a manner that will insure 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.

8.2. A parts list and a technical/instructional manual shall be provided.

8.3. Interface requirements for Rental Equipment Hook-up to NNSY Temporary Services or Equal:

8.3.1. 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

8.3.2. 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

8.3.3. 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

8.3.4. 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

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

Part Numbers:

Brass- A20028-2 Black Sleeve-A200056-1 White Sleeve-A200056-6 Red Sleeve- A200056-3

8.4. NOTE: All Rental Equipment received by NNSY must be supplied with proper interface connectors 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.

9. Requirements for Lifting Equipment:

9.1. Unit must be free standing

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

9.3. 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.

9.4. 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.

9.5. 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.

9.6. 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.

9.7. Design of the lifting attachments shall be such that the attachments and shackles are not side loaded more than 10° out of the plane.

9.8. 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.

9.9. Each lifting attachment shall be conspicuously marked in a contrasting color “Lift Here”. Letters shall have a minimum height of 1”.

9.10. 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.).

9.11. The equipment shall be provided with a lifting sketch / rigging diagram that meets the requirements below.

9.11.1. 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.).

9.11.2. 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.

9.11.3. 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).

9.12. If specialized handling gear other than shackles, standard slings, or chainfalls (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.

9.13. Rigging Sketch Requirements: Rigging sketches, as a minimum, shall identify the following:

9.13.1. The weight of the load.

9.13.2. The location of the center of gravity.

9.13.3. The minimum crane capacity.

9.13.4. The minimum capacity / length of slings.

9.13.5. The minimum capacity of other standard rigging gear.

9.13.6. The attachment (lifting) points for the load.

9.13.7. 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.

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

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

9.14. 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.

9.15. 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.

9.15.1. "D" represents the diameter of the object the sling passes over.

9.15.2. "d" represents the diameter of the sling.

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

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

9.17. 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.

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

9.18.1. The proper material is being used

9.18.2. The item is certified IAW NAVFAC P-307.

Any special requirements or dimensions are followed to ensure that engineering assumptions are met (i.e

INSPECTION AND ACCEPTANCE TERMS

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

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 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.

(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.

(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.

(End of provision)

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.

(End of provision)

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;

(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.

“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.

(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 eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

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

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

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

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

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

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