Combined_Synopsis_-_Solicitation_Hotel_Services.docx

This is a combined Synopsis / Solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, 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.

The solicitation number is N6470918R0028; this solicitation is a request for quotation (RFQ).

The North American Industry Classification System (NAICS) code is 335931. Product Service Code is 5995.

This requirement is set aside for a small business.

Strategic Weapons Facility, Atlantic (SWFLANT), Naval Submarine Base Kings Bay has a requirement for hotel services for two spud barges.

FAR 52.212-1 ADDENDUM: Instructions to Offerors – Commercial Items

SWFLANT requests a Firm-Fixed-Price (FFP) quote by January 12, 2018 at 12:00 PM(EST) to provide the supplies described in this notice. The Government may consider late quotes. Contractors responding to this request must furnish a quote as described below.

Quotes shall contain the following:

1. Price quote: Provide a FFP quote for all required supplies and/or services. Any costs related to credit card fees (see paragraph 6 below), delivery costs, and handling costs, as applicable, shall be included.

2. Travel Expenses. If travel is required in support of this requirement, the contractor shall include a detailed Basis of Estimate (BOE) that is priced in accordance with the Joint Federal Travel Regulations (JFTR). Each component of the proposed travel expense shall clearly identify the date(s), location(s), duration(s), quantity of personnel, and cost for the proposed travel.

3. Specifications: Provide all specifications for the products to be provided and a statement regarding whether or not the quoter is an authorized reseller of the products identified in the RFQ, if applicable.

4. Quote Cover Letter: Provide the name, title, telephone number, and e-mail address of the company/division point of contact that can contractually obligate your company. Also, identify those individuals authorized to negotiate with the Government. Lastly, provide the company name, street address and Data Universal Numbers System (DUNS) number.

5. Exceptions to the RFQ: Identify any exceptions taken with the RFQ content and the rationale for the exceptions to the RFQ, to include any terms or conditions applicable to payment by Government Commercial Purchase Card (GCPC), if GCPC is identified as the method of payment in the RFQ.

NOTE: Exceptions to the RFQ may render the quote noncompliant and ineligible for award.

Proposals shall be e-mailed directly to spk12contracts@swflant.navy.mil, the sole designated e-mail address and inbox for submission and receipt of quotes or proposals. No other electronic means of submission, used in whole or in combination with e-mail, is permitted. E-mail quotes or proposals shall be in either Adobe or Microsoft Office format. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. Unless offeror proposes a shorter period, by submission of an offer, the offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The foregoing does not preclude an offeror from withdrawing its offer prior to award.

FAR 52.212-2 ADDENDUM: Evaluation– Commercial Items

The Government shall issue a purchase order resulting from this RFQ to the responsible quoter whose quote, conforming to the RFQ, represents the Lowest-Priced-Technically-Acceptable (LPTA) quote. Technical acceptability will be based on:

1. All items requested in the RFQ are included in the quote and meet the stated specifications, and

2. The Offeror confirms it is an authorized reseller of the products identified, if applicable.

Award will be made contingent upon the Bilateral signature of the parties. The Government reserves the right to award on an all or none basis.

SCOPE OF WORK (SOW)

1. GENERAL INTENTION. Work includes providing all labor, materials, management, supervision, expertise, and equipment necessary to complete the work listed in the Statement of Work below. Except as provided elsewhere in this contract, all work shall comply with applicable State, local and Federal laws and regulations, industry and construction codes and standards, manufacturer’s specifications and recommendations, and all contract special provisions, terms and conditions.

2. LOCATION. Site VI at Kings Bay Naval Submarine base Kings Bay GA, 31547.

3. Reference Specification: N/A

4. REQUIREMENTS

4.1 GENERAL DESCRIPTION: The job scope shall consist of the following: Contractor Shall provide hotel services to two (2) spud barges per the requirements below. Contractor shall verify all measurements which requires an onsite visit.

1. Barge Description: Two 120’ barges are placed in series with a 45’ access brow from fixed pier. Barges are 32’ wide and are set with two spuds on outboard (North-East side)

2. Shore power: Each barge contains two power pedestals that require shore power. The pedestals are aligned inboard and outboard approx. 3’ from center line. The first barge power pedestals are 51.5’ onto the barge; the second are at 190.75’. Shore power cables will be required to transverse barge, 45’ brow, and have approximately 20’ for fixed pier shore connection. Shore side of wire shall be protected from elements but left bare for future connection. Specifications are:

· All pedestals contain one 87’ connector at 3-phase, 440V, 200Amp to RCPT-CAVOTEC: PC4-WX04-S350 (4 total). Connectors are approx. 3’ from the decking.

· All pedestals contain one 64’ connector at single-phase Hubbell Plugs 125/250V, 100Amp, 3p4w, Pin and Sleeve, 3 Pole, 4 Wire Grounding (4 total). Connectors are approx. 3’ from the decking. Connector is connected to NEMA 4/4X disconnect SE100CS, TE100cs.

· Outboard panel has power panel, 120/208 100 amp for lighting (2 total on outboard side). Panel bottom starts 4’ from the decking.

· For two lift stations power requirements see sewage requirements below.

3. Sewage: 1 1/2" Camlock sewage connection on pump. Pump model number PAV3C60C-B-E10 460v 3-phase. Shore power from pump, over 45’ brow, to approximately 20’ onto fixed pier required. Pumps will be station approximately center line at 60’ each barge. Because this system will be shared with the 64ft SPC-SVs, recommend a T-connection into the system or a wye-type sewage hose connection to allow for the 64's to be able to discharge as well. Shore side shall be 2” Camlock.

4. Water: Water tree accepts 1 1/2” international fire hose connection. First tree is at 60.25’ on barge and second is at 180.2’. Hose should connect from tree, over 45’ brow, to approx. 20’ onto fixed pier. Water tree connection is approx. 2’ rise from barge deck and water tree is approx. 3’ from centerline. Shore side shall be 1 1/2” fire hose connection.

Exhibit 1

2.1.1 Controlled and Waterfront Restricted Area access requires that the Contractor be escorted at all times by the Contracting Officer or Designated Representative (“Contracting Officer”) or an appointed representative hired by the Contracting Officer (i.e. SECURIGUARD) that possesses escort privilege for the specific area being accessed. The Contractor will have to fill out the appropriate paperwork and obtain a SWFLANT visitors escort badge before entering any SWFLANT area. See the security clerks located in the front main entrance of the Engineering Services Building (ESB, Bldg. No. 6005) to obtain badges. The Contracting Officer or appointed representative escorting the personnel will sign-off, authorizing the need for the badges. The SWFLANT SPK-50 Security Office will review and approve the request and badges will be issued.

For unescorted access, the contractor shall complete an SF85, Questionnaire for Non-Sensitive Positions, with fingerprint cards for each individual requesting access to the SWFLANT Controlled Area or Waterfront Restricted Area. This package will hereafter be referred to as a Facility Access Determination (FAD). FAD paperwork can be obtained from and returned to the Contracting Officer to be processed. Unescorted access can be granted after the FAD package is submitted and shows “Open” in JPAS. FADs are required for jobs lasting greater than 90 days. For short term jobs (less than 90 days) FADs are not normally required due to the length of time it takes to complete the FAD process. If unescorted access is required for these jobs, or if there is a possibility for follow-on jobs, a FAD package may be completed. Once the FAD has been adjudicated “Favorably” the ability to escort may be granted. The ability to escort is generally reserved for supervisory personnel.

2.1.2 Limited Area access will require that the contractor be escorted by personnel who have escort privileges within the SWFLANT Limited Area. Escorts must be employed by a Cleared Facility engaged in a related classified contract and possess a final granted Confidential (or greater) clearance. The contractor performing the work may not subcontract for escorts. A Non-Cleared Contractor (dictated by DD254 Facility Clearance) may NOT hire escorts for the SWFLANT Limited Area. If a Non-Cleared Contractor requires access to the SWFLANT Limited Area, it will be the responsibility of the Government to arrange the appropriate escorts.

2.2 Vehicle Passes Required to Enter SWFLANT Areas (i.e. Controlled Area, Waterfront Area and Limited Area): The Contractor will have to fill out the appropriate paperwork and obtain SWFLANT vehicle passes before entering any SWFLANT area. Vehicle Pass Request Forms can be obtained from the Contracting Officer or the security clerks located in the front main entrance of the Engineering Services Building (ESB, Bldg. No. 6005). Inform the security officers which building(s) you will need access to with your vehicle(s). The driver(s) of the vehicle(s) will fill out the appropriate vehicle pass request forms. The Contracting Officer will sign-off, authorizing the need for the passes. Submit Vehicle Pass Request Forms to the Contracting Officer a minimum of three (3) business days before arrival. The Contracting Officer will submit the Vehicle Request Forms to SWFLANT Security. The SWFLANT SPK-50 Security Office will review and approve the request and passes will be issued. Please have current registration, valid driver’s license, valid rental agreement, and proof of vehicle insurance information available when picking up vehicle passes from the security clerks located in the ESB. Personal vehicles will not be allowed in the SWFLANT areas, only vehicles (including rentals) that are registered under a reputable company name; keep the number of vehicles entering the SWFLANT areas to a minimum.

3.0 SPECIAL SECURITY PROCEDURES

The following added security procedures shall be adhered to while in SWFLANT Areas. Violation of any of these rules will result in the employee’s badge being withdrawn and may result in his permanent removal from SUBASE property.

3.1 Explosive laden vehicles are identified by explosive placards. Do not pass vehicle convoys or vehicles that are identified by explosive placards; stay a minimum of 150 feet behind explosive laden vehicles. When met by convoy, pull off the road and turn off vehicle until convoy passes.

3.2 Contractor personnel must obey all smoking regulations, which include all tobacco products and electronic cigarettes. Within the SWFLANT Restricted Areas (CA, LA, WRA), smoking is NOT allowed EXCEPT in designated areas for this purpose. NO smoking is allowed in motor vehicles within the SWFLANT Restricted Areas. Current designated smoking areas include the following: 1. Covered area in the CA parking lot, 2. Under the awning at south entrance of ESB, 3. Southwest corner of the ESB court yard, 4. East side of TSB, 5. South end of the SWSSW/MISF, 6. Gazebos for EHW-1 and EHW-2, and 7. Outside of entrance gate to DHB.

3.3 No firearms or alcoholic beverages are allowed on SUBASE Kings Bay.

3.4 No radio transmission is allowed within the SWFLANT Controlled, Limited, or Waterfront Restricted Areas without prior approval from the SPK Safety Office, (912) 573-4058. Radio transmission includes cellular phones and all other devices using radio wave transmission. [Citizens Band (CB) and HAM radios will not be authorized on base]. A HERO sticker will have to be issued and placed on the phone by the SPK Safety Office (x4058) prior to use.

3.5 Seatbelts are required to be worn by all persons operating or riding in any vehicle at SUBASE Kings Bay. No riders are allowed in beds of pickup trucks or vans.

3.6 Upon entering any building in the SWFLANT Area, you must first check in with the Building Group Lead (BGL).

3.7 No heat or spark-producing devices, lighters or matches or work such as drilling, grinding, burning, soldering, brazing, welding, explosive actuated fasteners, or use of open flame is allowed in any SWFLANT Area without first obtaining a hot work permit from the SPK Safety Office (912-573-4058) and having it approved by the SUBASE Kings Bay Fire Department. Contractor shall contact SPK Safety Office (912-573-4058) for all outages and hot work permits. Note: A separate permit has to be approved and issued to the Contractor by the SPK Safety Office (912-573-4058) in order to bring spark producing, open flame devices, and equipment (i.e. welder, torch, striker, etc.) into the Controlled and Limited Areas. Reference Appendix A: SWFLANT General Requirements for additional details.

3.8 Cameras (including cameras integrated into cell phones, blackberries, PDAs) are NOT allowed in any SWFLANT areas, including Non-Restricted Areas (i.e. ESB/6005, MISF/6003, TSB/6004) and SWFLANT Controlled, Limited, and Waterfront Restricted Areas. Unauthorized cameras and film will be confiscated. Contractor shall secure such devices in their vehicle prior to entering any SWFLANT areas.

3.9 Persons entering onto Government Property are, as a condition of access, subject to searches of all vehicles and personal belongings by SUBASE Kings Bay Security Police and/or Marine Sentry. This includes briefcases, handbags, boxes, sealed packages, and personal articles. Random Administrative Vehicle Inspections (RAVI) are conducted by Security Police each day at various hours and locations on base. If selected for a vehicle inspection, be prepared to open your glove box, hood, trunk, doors, and other personal items requested by Security. If challenged by Marine Sentry keep your hands in sight and follow their instructions. Compliance with their direction is mandatory. Disagreements with Marine Sentry actions or directions may later be brought to the attention of the SWFLANT Security Director for proper resolution.

3.10 Fuels and oils must be in approved containers and may not be left overnight in the Production Areas. This does not apply to fuel in manufacturer’s standard truck or equipment tanks.

3.11 In the event of an emergency such as a fire or accident call for help by using the following emergency numbers: From a land line, dial 911-Fire, Ambulance and Security Police; the emergency number from a cellular phone is (912) 573-4444. If there is a fire and/or casualty involving explosives in your building and you hear a verbal warning or a continuous sound on the fire alarm, leave the building immediately, and report to the Building Group Lead or Contracting Officer for further instructions.

3.12 Use of cell phones on DoD Installations is NOT authorized while driving.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 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) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision --

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

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

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

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

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

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

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

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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.

“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.

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which 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 its stock is owned by one or more women; or

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

“Women-owned 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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $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 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:

(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.''

(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:

[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:

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 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:

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

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

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

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American 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; and

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] 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.