Combined_Synopsis_-_Washer_Dryer_Maintenance.docx
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- Appliance Maintenance Federal contract opportunity
- Solicitation number
- N6470919Q0060
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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 N6470919Q0060; this solicitation is a request for quotation (RFQ).
The North American Industry Classification System (NAICS) code is 811310. Product Service Code is J072.
Strategic Weapons Facility, Atlantic (SWFLANT), Naval Submarine Base Kings Bay has a requirement for Maintenance and Repair of 14 Speed Queen Washer/Dryer Combo’s Model Number LTEE5ASP175TW01. Provide five day / 8 hour per day coverage for repair services. Repair service requests require a 1 day response time. Provide Preventative Maintenance twice a year to include but not limited to dryer vent cleanings. 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.
The potential contract will have a base year plus 2 option years.
FAR 52.212-1 ADDENDUM: Instructions to Offerors – Commercial Items
SWFLANT requests a Firm-Fixed-Price (FFP) quote by 30 August 2019 at 12:00 PM (EST) to provide the services 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.
1 SWFLANT GENERAL WORK REQUIREMENTS
** Note: The Contractor shall strictly adhere to all applicable requirements stated in this “SWFLANT General Requirements” section. **
| 1.1 | All dimensions, clearances, and existing conditions indicated on drawings that pertain to the interface with original members must be field verified by the Contractor prior to fabrication of any material to insure proper fit of the members. The Contracting Officer or Designated Representative (“Contracting Officer”) shall be notified of all discrepancies and these items resolved prior to fabrication. |
| 1.2 | If any discrepancies between the plans and specifications are discovered, the specifications shall be the governing document. |
| 1.3 | Contractor shall be responsible for repairing any damages to new or existing items resulting from his construction activities. Repairs shall be approved by the Contracting Officer. |
| 1.4 | HOT WORK OPERATIONS |
| 1.4.1 | Contractor shall be accountable for scheduling access, and obtaining outage/hot work permits. |
| 1.4.2 | A Hot Work Permit is required for any use of a device which produces open flame, sparks, or heat in excess of 288 degrees F and is conducted in a SWFLANT facility or area designed or modified to accommodate such work. Examples of operations that require a Hot Work Permit include welding, cutting, grinding, soldering, brazing, explosive-actuated tool use, hot tar operations, and open burning. Hot work permits are required for tools listed above that are power operated as well as battery and pneumatic driven. The Contractor must have in his possession a serviceable fire extinguisher and a co-worker available to act as a fire watch in order to obtain a Hot Work Permit. |
| 1.4.3 | Hot Work Permits can be obtained by contacting the SPK Safety Office at 912-573-4058 between the hours of 0700 – 1600 M-F, after hours and holidays by the SWFLANT Command Duty Officer (CDO) via the Inert Component Control Building (ICCB) Weapons Control Center (WCC) at 912-573-4110. |
| 1.4.4 | A separate permit has to be approved and issued to the Contractor by the SPK Safety Office (x4058) in order to bring spark-producing, open flame devices and equipment into the SWFLANT Restricted Areas. |
| 1.4.5 | The SUBASE Kings Bay Fire Department has to approve all open flame work at the job site on a daily basis. |
2. USE OF ELECTRIC POWER TOOLS WITHIN SWFLANT:
2.1 The use of power tools for Hot Work and other processes need to meet certain requirements for use at SWFLANT. Power tool usage shall comply with chapter 11 of SWFLANTINST 5100.4(series). Additionally, power tools must be Underwriters Laboratories (UL) Listed. Power tools may be single or double insulated. The tool’s plug on the power cord must have three (3) prongs, to include a ground. This is required, even if the power tools are double insulated.
2.2 Extension cords may be used if the cord of the power tool will not safely reach the work area. Only one (1) extension cord may be used for each tool. The use of multiple extension cords in succession or “daisy chained” is not authorized. If a single extension cord is used, a GFCI pigtail must be used with the tool.
2.3 Power tools must be inspected to be of good working condition prior to use. If damage is discovered such as the casing of the tool is cracked or broken, or if the power cord or plug is damaged, the power tool must be removed from service and replaced. No repairs or alterations may be made to a tool unless it is done by the original manufacturer. Splices made to a cord for purposes such as making the cord longer or to make a repair is not authorized.
2.4 Power tools shall not be used in any operation involving ammunition and explosives or in locations containing explosives unless specifically authorized and covered by a Standard Operating Procedure (SOP). When the use of power tools is authorized for specific operations, the requirements and conditions applicable to that use shall be completely and explicitly defined in the SOP.
3. LOCKOUT AND TAGOUT:
3.1 Lockout all energy sources capable of being locked out prior to facility maintenance involving energized circuits and servicing or maintenance of machinery or equipment. This applies to all SWFLANT facilities, machinery or equipment that requires lockout/tagout for mechanical, hydraulic, pneumatic, chemical, thermal, electrical, radioactive or other energy source. Only authorized employees shall conduct lockout/tagout procedures. Notify the BGL that a lockout/tagout process will begin. In the absence of the BGL, notify the Command Duty Officer (CDO) who shall notify the BGL prior to the next regular work shift. CDO may be contacted through the Weapons Control Center (WCC) at extension 4110. The BGL will notify all personnel affected that a lockout/tagout is about to begin. This includes all persons normally using the equipment and others in the area.
3.2 Complex lockout/tagout procedures are required where one or more of the following situations exist: multiple energy sources or multiple equipment users, specific sequences are required for energy isolation, one authorized, employee shall be specifically appointed as the primary authority with overall responsibility to assure that all energy sources are under lockout/tagout control, primary authority employee must have a written plan, to account for all persons exposed to electrical hazards during lockout/tagout periods, and primary authority shall install locks and tags or direct installation.
3.3 Contracts shall require the contractor to submit a copy of the company’s lockout/tagout program for review where government employees may be at risk. The contractor is responsible to ensure the safety of government employees when government employee access is required. Joint contractor and SWFLANT lockout/tagout operations shall be handled the same as normal complex lockout/tagout operations. Primary authority may be either contractor or SWFLANT personnel. Outside contractors shall be informed of equipment hazards and isolation methods when working on SWFLANT equipment. Contractor employees performing maintenance in SWFLANT buildings shall report all lockout/tagout actions to the BGL. In the absence of a BGL, the Command Duty Officer shall be notified. The Command Duty Officer shall notify the appropriate BGL as soon as possible on the next scheduled working day.
3.4 Contractor authorized employees shall use locks and tags supplied by their employer. Lockout and tagout devices shall be standardized and readily identifiable as lockout and tagout devices and shall not be used for other purposes. Locks shall have only two keys each, one held by the authorized employee performing the maintenance and the other by their supervisor. Locks shall be uniform with no two locks keyed alike.
3.5 SWFLANT Safety shall approve all applications for tagout only in lieu of lockout and tagout in SWFLANT controlled buildings and processes that would involve/affect SWFLANT personnel/facility.
4. SWFLANT is a Mercury Exclusion Area. All items containing mercury or mercury compounds are to be reported to the SWFLANT Mercury Control Officer of the SPK Safety Office (x4058), prior to their introduction or use at SWFLANT. Upon approval for use on-board SWFLANT by the SWFLANT Mercury Control Officer, items containing mercury or mercury compounds will be controlled in accordance with SWFLANTINST 5100.4(series).
5. Submit Material Safety Data Sheets (MSDS) of all chemicals to be used during the course of this project to the Contracting Officer. Work shall not begin until required documentation is provided and approved for use by the Contracting Officer. NO PAINT CONTAINING LEAD SHALL BE PERMITTED FOR USE AT THE NAVAL SUBMARINE BASE, KINGS BAY, GEORGIA.
6. SWFLANT HAZARDOUS WASTE PROGRAM: The Hazardous Waste Program to be followed is the SUBASE Environmental Hazardous Waste Program as outlined in the Visiting Contractor/Shipyard/Vessels Hazardous Waste Management Guide.
7. Ozone Depleting Chemicals (ODCs): Public Works Environmental is the point of authority on Ozone Depleting Chemicals for construction projects.
8. No field welding shall be performed at any SWFLANT ordnance building except during scheduled Production Interference Job (PIJ) Periods, and a hot work permit shall be obtained before any open flame work (welding, torch, etc.) can be performed anywhere within SWFLANT. Contact SPK Safety Office (x4058) for hot work permits.
9. Unless identified otherwise on the A/E drawings, no existing members shall be modified without the written consent of the Contracting Officer.
10. Reproduction of structural drawings for use as shop drawings will not be permitted. Shop drawings shall clearly indicate dimensions that serve as the basis for detailing, as well as any proposed deviations from the plans or specifications. Shop drawings shall be checked and approved by the Contractor prior to being submitted to the Contracting Officer, if not, they will be returned without review. No fabrication of structural steel shall be initiated without approved shop drawings stamped by the Contracting Officer.
11. Materials shall be new and delivered to the site in the original, sealed containers or packages and bear the manufacturer’s name and brand designations. Material shall be packaged, stored, handled and installed in a manner to protect them from all damage and the environment during the entire construction period. The Contractor at no additional cost to any parties shall replace all damaged materials.
12. The Contractor shall notify the Contracting Officer if any grounding/lightning protection cables or other utilities are uncovered and/or damaged.
13. CONFINED SPACE ENTRY SAFETY: Please contact SWFLANT ESS Technicians @ 912-573-4147/4149 for proper directions on accessing secure manhole covers (i.e. welded/locked). Upon completion of work, contact the SWFLANT ESS Technicians to ensure the manhole covers are secure in strict accordance with SWFLANT Instruction 8126.6.
14. SAFETY AND HEALTH REQUIREMENTS: In performing the contract, the Contractor shall provide for protecting the lives and health of employees and other persons and for preventing damage of property, materials, supplies and equipment in accordance with the latest revision of the U.S. Army Corps of Engineers "Safety and Health Requirements Manual" (EM 385-1-1).
SWFLANT SECURITY INFORMATION
| 1.0 | SCOPE |
| This appendix sets forth security provisions governing work at the Strategic Weapons Facility Atlantic (SWFLANT) on Naval Submarine Base (SUBASE) Kings Bay. |
2.0 CONTRACTOR ACCESS REQUIREMENTS
2.1 Access to SWFLANT (Controlled, Limited, and Waterfront Area) will be controlled by the following means in addition to all requirements for entering SUBASE Kings Bay.
| 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 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 Within the SWFLANT areas smoking is not allowed except in designated areas for this purpose. No smoking is allowed in motor vehicles.
3.3 No radio transmission is allowed within the SWFLANT Controlled, Limited, or Waterfront 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.
3.4 Upon entering any building in the SWFLANT Area, you must first check in with the Building Group Lead (BGL).
3.5 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; see paragraph ___ : SWFLANT General Requirements for additional details.
3.6 Cameras (including cameras integrated into cell phones, blackberries, PDAs, etc.) are NOT allowed in the ESB (6005), SWFLANT Controlled, Limited, or Waterfront Areas. Unauthorized cameras and film will be confiscated.
3.7 All personnel and vehicles are subject to search by SUBASE Kings Bay Security or Marine personnel. If challenged by Marine personnel keep your hands in sight and follow instructions. Compliance with direction is mandatory. Disagreements with Marine sentry personnel actions or directions may later be brought to the attention of the SWFLANT Security Officer for proper resolution.
3.8 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.
3.9 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, report to the COR or Building Group Lead for further instructions.
CLAUSES INCORPORATED BY REFERENCE
| 52.204-7 |
| System for Award Management |
| OCT 2018 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2018 |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| JUL 2016 |
| 52.204-17 |
| Ownership or Control of Offeror |
| JUL 2016 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| JUL 2016 |
| 52.204-21 |
| Basic Safeguarding of Covered Contractor Information Systems |
| JUN 2016 |
| 52.212-1 |
| Instructions to Offerors--Commercial Items |
| OCT 2018 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| OCT 2018 |
| 52.225-25 |
| Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. |
| AUG 2018 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.237-2 |
| Protection Of Government Buildings, Equipment, And Vegetation |
| APR 1984 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| NOV 2011 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7008 |
| Compliance With Safeguarding Covered Defense Information Controls |
| 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 |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| JUN 2013 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic |
| DEC 2017 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| DEC 2018 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| FEB 2019 |
CLAUSES INCORPORATED BY FULL TEXT
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. 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.
“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).
“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.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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), at the time this offer is submitted 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 SAM.]
(c) Offerors must complete the following representations when the resulting contract is to 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: 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.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) 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 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.”
(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 |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—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 |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(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.:
[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: |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(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: |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(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: |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(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. 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.
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