Combined_Synopsis_Solicitation_T1014.pdf

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Purchase of and Install of Intrusion Detection and Access Control Systems Equipment.
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N6328518T1014
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RFQ #N6328518T1014 Page 1 of 43

Combined Synopsis/Solicitation: FAR 12 and 13

DATE: 20 April 2018

This is a combined synopsis/solicitation #N6328518T1014 for commercial items and services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined solicitation for commercial items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation.

This requirement is a commercial item acquisition in accordance with FAR Part 12 Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures. Request for Quotes (RFQ) are being requested and a written solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-95, Effective 19 January 2017 and Defense Federal Regulation Supplement (DFARS), current to DPN 20171228 (Effective 28 December 2017) Edition. It is the responsibility of the contractor to be familiar with the applicable provisions and clauses which can be accessed in full text at www.farsite.hill.af.mil.

This is requirement is set-aside 100% for Small Business (Total Small Business). The North American Industry Classification System (NAICS) code is 561621 ‐ Security Systems Services (except Locksmiths), with a size standard of $20.5 (millions in dollars).

Base Requirements:

CLIN 0001: Quantity: 1, Unit of Issue: Each, Description: Intrusion Detection and Access Control Systems Equipment per the attached list below (Attachment 1); QUOTE MUST

INCLUDE BREAKDOWN OF EQUIPMENT AS IN THE LIST BELOW;

CLIN 0002: Quantity: 1, Unit of Issue: Each, Description: Install Services in accordance with Statement of Work presented below; QUOTE MUST INCLUDE ESTIMATE LABOR HOURS

Location and POC are as follows:

UK Irechukwu (ukwenga.irechukwu@ncis.navy.mil); Code 11AE

Naval Weapons Station (NWS) Earle Building C-46 201 State Highway 34 South Colts Neck, New Jersey 07722-5017

Delivery and install date is as specified below:

30 Days ADC mailto:ukwenga.irechukwu@ncis.navy.mil

RFQ #N6328518T1014 Page 2 of 43

Offerors that fail to furnish required representation or technical information as required by Federal Acquisition Regulation provisions 52.212-1 or reject the terms and conditions of this solicitation shall be excluded from consideration.

INSTRUCTIONS TO OFFERORS:

Response Due Date: Tuesday, May 1st, 2018, 12:00 PM Local Washington, D.C. Time

Questions & Clarifications Due Date: Friday, April 27th, 2018, 12:00 PM Local Washington, D.C. Time

Site Visit Date and Time: Thursday, April 26th, 2018, 1:00 PM Local Washington, D.C. Time

POC for Site Visit: UK Irechukwu (ukwenga.irechukwu@ncis.navy.mil) and Peter Lawson (peter.lawson@ncis.navy.mil, 732-866-2166; Email must be sent to both POCs by 4:00 PM Local Washington, D.C. time on 24th April 2018 containing the following: Full name and last four of Social Security Number (SSN) of person(s) attending the site visit in order to gain access to location. SSN must be sent via encrypted email or via password protected document in order to ensure security of personal information.

RFQ Title: IDS and ACS Install

RFQ#: N6328518T1014

PPEP#: 18-01014

Purchase Request: N63285-18-SU-01014 Set Aside: 100% Total Small Business Authority: FAR 12 inconjunction with FAR 13

Open Market J&A: No, Competitive/Full & Open NAICS Code: 561621 Basis for Award: Lowest Price Technically Acceptable (LPTA) NCIS POC: Samantha Storch, samantha.storch@ncis.navy.mil

Phone Calls Will Not Be Accepted

PLEASE PROVIDE THE FOLLOWING INFORMATION IN YOUR QUOTE:

Please submit the RFQ response via email to the Contract Specialists named above. Quote should be complete with company name, address, POC and email, CAGE Code, DUNS number, TIN number and phone and fax number, and pricing for each CLIN listed above.

STATEMENT OF WORK

Work shall be outlined below and as described elsewhere in this work package. Contractor shall provide all equipment, labor, tools, materials, transportation, management, supervision, clean-up, mailto:ukwenga.irechukwu@ncis.navy.mil mailto:peter.lawson@ncis.navy.mil mailto:samantha.storch@ncis.navy.mil

RFQ #N6328518T1014 Page 3 of 43 and other items and services necessary. Contractor shall plan, schedule, coordinate and assure effective completion of this requirement. Contractor shall perform the following:

1. GENERAL INTENT / DESCRIPTION:

The Contractor shall provide and secure all labor, approved materials, tools, equipment, mobilization, transportation and supervision necessary to perform the Statement of Work. The contractor shall perform all work as necessary to complete the contract in a satisfactory and acceptable manner per the POC and adhere to all applicable federal, state and local regulations.

Work to be completed at:

Naval Weapons Station (NWS) Earle Building C-46 201 State Highway 34 South Colts Neck, New Jersey 07722-5017

2. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK:

The Contractor shall be required to commence work under this contract no later than 15 Days ADC and to conclude work within 30 days of award. The contractor shall supply a schedule that entails all phases of this contract to include start dates and completion dates. Once completed, vendor will scheduled final inspection with Technical POC to determine full requirement has been met.

NOTE: Safety will be a high priority as normal Government operations in the facility and surrounding area of the facility will continue during the contract period.

2.1. SITE SURVEY: Before start of work, the Contractor shall perform a site survey with one of the POCs listed to document the existing deficiencies prior to the start of work. All work to be performed at location as shown on layout drawing (see below). Site Visit Date and Time:

Thursday, April 26th, 2018, 1:00 PM Local Washington, D.C. Time

2.1.2. DRAWING: Drawings accompany this scope of work and are a part thereof. Drawings are the property of the Government and shall not be used for any other purpose other than that contemplated by the scope of work.

LIST OF DRAWINGS:

Earle, NJ Building Layout – See attached (Attachment 2)

2.2. The contractor will provide a written work plan, including work scheduling, to the POC(s) listed below.

RFQ #N6328518T1014 Page 4 of 43

1) Technical POC: UK Irechukwu , Engineering Division Chief

UKWENGA.IRECHUKWU@NCIS.NAVY.MIL

571-305-9254

2) POC for Location: Peter Lawson, Supervisory Special Agent peter.lawson@ncis.navy.mil

732-866-2166

2.2.1 SPACE REQUIREMENTS

Contractor shall install the Electronic Security Systems (ESS) in the spaces shown on the drawing and listed on the Equipment list in accordance with the specifications attached. The Premise Control Unit (PCU) shall be located in the secure SIPRnet room.

A walkthrough shall be conducted upon completion and the systems shall be tested in accordance with the attached specifications. All equipment shall be on and fully operational during any and all testing procedures. Contractor shall provide personnel, equipment, and supplies necessary to perform all site testing.

All ESS equipment installed MUST communicate to the Base monitoring station. Power Wiring shall be the responsibility of the Contractor.

All questions and/or concerns shall be directed to the Technical POC.

2.3. SPECIFICATIONS, EXISTING CONDITIONS, AND OBLIGATIONS

2.3.1. Specifications for install and testing are located in Attachment 3.

2.3.2. Bidders are expected to satisfy themselves as to the general and local conditions that may affect the cost of the performance of work to the extent that such information is reasonably obtainable. This can be done via the schedule site visit listed above.

2.3.3. Staging area for contractor’s storage materials and equipment shall be provided on site by the Location POC.

2.3.4. Drawings of existing conditions and utilities may not show current conditions and the Government makes no guarantee as to their accuracy. The Contractor shall be responsible for field verification of existing conditions and utilities to the extent required for this project and as necessary to perform the work stated herein. This can be done via the schedule site visit listed above.

mailto:UKWENGA.IRECHUKWU@NCIS.NAVY.MIL mailto:peter.lawson@ncis.navy.mil

RFQ #N6328518T1014 Page 5 of 43

2.3.5. Immediately upon completion of ESS installation, clear all debris, wipe dusty surfaces, touch up paint of disfigured walls, and remove surplus materials, rubbish and unwanted materials. All areas of work shall be cleaned prior to vacating the job site.

2.3.6. All work shall take place during the hours between 0700 and 1600 hours, Monday through Friday except Federal holidays. The POC will review work hours at a later date after award.

There may be an adjustment to expedite completion of the work. The Contractor shall not enter the work area after normal scheduled work hours. In the event of unusual circumstances that may require access to the work site after normal hours, the Contractor shall NOTIFY the POCs, who must make appropriate arrangements for access.

2.4. CONTRACTOR PERSONNEL, SECURITY MEASURES, AND SAFETY

REQUIREMENTS

2.4.1. The contractor shall provide to the Technical POC and Location POC a complete list of Contractor and Subcontractor personnel who will be working on site at the Naval Weapons Station Earle, New Jersey not later than (1) week prior to the starting date of any contract. This list shall include the name; addresses, date and place of birth, and social security number of these individuals and shall be on the Contractor’s letterhead. The POCs will provide this list to the Security Officer who will issue identification badges to all designated Contractor and Subcontractor personnel. This information will be given either in person or via encrypted email or through a password protected document to ensure protection of PII.

2.4.2. All Contractor and Subcontractor personnel shall be required to possess and wear Security Identification badges at all times when in the facility. In addition, Contractor and subcontractor personnel shall display valid picture identification, such as current state driver’s license in order to gain entry into facility.

2.4.3. The personnel employed by the Contractor shall be trained in required install techniques.

The Contractor’s employees shall be familiar with the building layout and be able to perform their services with little or no instruction from the Government. All personnel employed by the Contractor must be a US citizen. Any employee found unsuitable shall be removed from the contract and no longer allowed access to the facility.

2.4.4. Contractor will provide a weekly schedule, to include names of employees that will be on site, with expected visit times the week prior to service. Contractor will always notify both POCs in the event that there is a delay in arrival or any circumstance in which they will not be arriving the day they are scheduled to.

2.4.5. The Contractor shall comply with all Federal, State and Local fire, safety and environmental regulations which include but is not limited, to the latest national Fire Protection Association handbook, Occupational Safety and Health Administration standards and Environmental Protection Agency regulations.

2.4.6. There is to be minimum disruption in this space during installation of the equipment.

RFQ #N6328518T1014 Page 6 of 43

All debris resulting from the installation work shall become the property of the contractor and shall be removed from the Government property. Contractor shall ensure that work areas are left in an organized manner and debris removed at the end of each day.

(END OF STATEMENT OF WORK)

CLAUSES INCORPORATED BY REFERENCE:

52.204-2 -- Security Requirement Aug 1996

52.204-7 – System for Award Management Oct 2016

52.204-13 -- System for Award Management Maintenance Oct 2016

52.212-4 – Contract Terms and Conditions – Commercial Items Jan 2017

52.219-1 -- Small Business Program Representations-Alternate I Oct 2014

52.236-9 -- Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements Apr 1984

52.243-1 – Changes –Fixed Price Aug 1987

52.252-2 -- Clauses Incorporated by Reference Feb 1998

252.203-7000 – Requirements Relating to Compensation of Former DoD Officials Sep 2011

252.204-7000 – Disclosure of Information Oct 2016

RFQ #N6328518T1014 Page 7 of 43

252.204-7003 -- Control of Government Personnel Work Product Apr 1992

252.204-7004 -- Alternate A, System of Award Management Feb 2014

252.204-7009 -- Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information Oct 2016

252.204-7012 -- Safeguarding Covered Defense Information and Cyber Incident Reporting Oct 2016

252.204-7015 -- Notice of Authorized Disclosure of Information for Litigation Support May 2016

252.225-7021 -- Trade Agreements Dec 2017

252.232-7003 -- Electronic Submission of Payment Requests and Receiving Reports Jun 2012

252.232-7010 -- Levies on Contract Payments Dec 2006

252.244-7000 -- 252.244-7000 Subcontracts for Commercial Items Jun 2013

252.247-7023 – Transportation of Supplies by Sea -- Basic Apr 2014

CLAUSES INCORPORATED BY FULL TEXT:

52.211-6 – Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

RFQ #N6328518T1014 Page 8 of 43

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer;

and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Lowest Price Technically Acceptable (LPTA).

Award shall be made to the responsive and responsible offeror who has the lowest price and is technically acceptable. Requests having multiple line items shall be analyzed by the total cost of the quote and not by individual item. All items quoted must be new. No partial awards shall be made.

The Government will award a quote that includes the requested information for the base year and all option years. Partial quotes and/or quotes received after the closing date will not be accepted.

The RFQ contains the clauses, terms, and conditions acceptable to the Government. Any quote that contains terms or conditions or any other vendor-specific or OEM-specific agreement regardless of how titled or described may be considered unacceptable for award. Vendors are on notice that if they choose to submit a document containing terms and conditions, they are required to demonstrate that those terms and conditions do not conflict with, or differ from, the RFQ’s terms and conditions, as well as statute and regulation (e.g., Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS)).

Compliance with this section is a component of technical acceptability. Accordingly, a quote that contains vendor-specific or OEM-specific terms and conditions that conflict with statutory or regulatory requirements, or are otherwise disadvantageous to the Government as noted above, may be determined unacceptable. Further, NO such terms and conditions will be accepted after award.

RFQ #N6328518T1014 Page 9 of 43

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Items (Nov2017)

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.

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

RFQ #N6328518T1014 Page 10 of 43

“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

RFQ #N6328518T1014 Page 11 of 43

(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 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 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 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 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

RFQ #N6328518T1014 Page 12 of 43 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 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

RFQ #N6328518T1014 Page 13 of 43 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

RFQ #N6328518T1014 Page 14 of 43 concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

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

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

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

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

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

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

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

(ii) It □ has, □ has not filed all required compliance reports.

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a

RFQ #N6328518T1014 Page 15 of 43 lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements–Israeli Trade Act.”

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RFQ #N6328518T1014 Page 16 of 43

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act”:

Canadian End Products:

Line Item No.

RFQ #N6328518T1014 Page 17 of 43

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American— Free Trade Agreements—Israeli Trade Act”:

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

RFQ #N6328518T1014 Page 18 of 43

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals—

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

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151

RFQ #N6328518T1014 Page 19 of 43

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

(i) Taxes are considered delinquent if both of the following criteria apply:

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

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

(ii) Examples.

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

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

(C) 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.

(D) 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).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at .]

(1) Listed end products.

Listed End Product Listed Countries of Origin

RFQ #N6328518T1014 Page 20 of 43

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

□ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

□ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) □ Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor

Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

□ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003- 4(c)(1). The offeror □ does □ does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2022_10.html#wp1105165 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2022_10.html#wp1105165 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2022_10.html#wp1105165

RFQ #N6328518T1014 Page 21 of 43

□ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror…

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