N6883620Q0131_CombinedSynopisSolicitation.pdf

Naval Supply Systems Command, Fleet Logistics Center Jacksonville, FL (NAVSUP FLCJ) has a requirement and requesting quotations for Uninterrupted Power Supply (UPS) Maintenance.

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. Quotes are being requested and a written solicitation will not be issued. This combined synopsis/solicitation will be posted on both beta.SAM.gov and NECO

(http://www.neco.navy.mil/).

Solicitation N6883620Q0131 is issued as a Request for Quotations (RFQ). This solicitation documents and incorporates provisions and clauses in effect through FAC 2020-05 and DFARS Publication Notice

20200114. The solicitation is set-aside for Small Business concerns only. The applicable NAICS code for this solicitation is 335311 and the Small Business Size Standard is $7.5 million. NAVSU FLCJ intends to award a Firm Fixed-Price purchase order resulting from this solicitation using simplified acquisition procedures in accordance with FAR 13.106.

Item No. Supplies/Services Quantity Unit of Issue Unit of Price Total Price

0001 – Base

Period

24 April

2020 – 23

April 2021

UPS Maintenance

Contract for preventive/corrective maintenance contract with

24/7, 365 maintenance coverage, 4-hour restoral for one, Eaton 9390-80 UPS.

AC Output

208VAC/139A/

50kVA. 384-480

DC/126A. Batteries, 12VDC - 96 batteries.

1 EA

1001 –

Option

Period One

2021 – 23

April 2022

UPS Maintenance

Contract for preventive/corrective maintenance contract with

24/7, 365 maintenance coverage, 4-hour restoral for one, Eaton 9390-80 UPS.

AC Output

208VAC/139A/

50kVA. 384-480

DC/126A. Batteries, 12VDC - 96 batteries.

1 EA

http://www.neco.navy.mil/

2001 –

Period Two

2022 – 23

April 2023

UPS Maintenance

Contract for preventive/corrective maintenance contract with

24/7, 365 maintenance coverage, 4-hour restoral for one, Eaton 9390-80 UPS.

AC Output

208VAC/139A/

50kVA. 384-480

DC/126A. Batteries, 12VDC - 96 batteries.

1 EA

3001 –

Option

Period

Three

2023 – 23

April 2024

UPS Maintenance

Contract for preventive/corrective maintenance contract with

24/7, 365 maintenance coverage, 4-hour restoral for one, Eaton 9390-80 UPS.

AC Output

208VAC/139A/

50kVA. 384-480

DC/126A. Batteries, 12VDC - 96 batteries.

1 EA

4001 –

Period Four

2024 – 23

April 2025

UPS Maintenance

Contract for preventive/corrective maintenance contract with

24/7, 365 maintenance coverage, 4-hour restoral for one, Eaton 9390-80 UPS.

AC Output

208VAC/139A/

50kVA. 384-480

DC/126A. Batteries, 12VDC - 96 batteries.

1 EA

STATEMENT OF WORK

Uninterrupted Power Supply (UPS) Maintenance

1.1 OBJECTIVE: To provide preventive and corrective maintenance services for one Eaton, Powerware

9390 uninterruptible power supply (UPS) at the following location:

Location Size Model Part #

Building 3963 30KVA Eaton Powerware 9390

1.2 BACKGROUND: The system listed above supply’s uninterrupted and conditioned critical power source to all communication and aircraft controlling equipment in the Air Traffic Control tower and

RADAR facility on the NAS Pensacola Complex. All preventive and corrective maintenance must be accomplished by a certified, factory trained, skilled technician. There are 96 batteries in the UPS system.

Battery replacement must also be accomplished by a certified, factory trained, skilled technician. In the event a system fails, it would render ATC towers unprotected and/or emit total shut down of operations.

1.3 SCOPE OF WORK: The contract must include technicians that are factory trained on the specific model/part and able to meet the below requirements:

• Guaranteed 4-hour on-site response, 7 days/week, 24 hours/day

• Includes 100% parts (excluding air filters and proactive full bank capacitor replacement) coverage.

• Includes parts, labor and battery jars as required - up to 10% of the battery string per year (not accumulated over contract term).

• Includes 100% labor and travel coverage 7 days/week, 24 hours/day.

• Includes battery recycling as required, with documentation meeting EPA requirements.

• Includes Annual Full Preventive Maintenance Service on UPS and Semi-Annual Preventive

Maintenance on all 96 batteries in the battery plant which is scheduled by the customer at the customer’s convenience.

• Includes toll free Customer Response Center.

• Includes access to Customer Services Network On-Line Internet portal.

UPS Full Preventive Maintenance Service Annual Service

1. Perform a temperature check on all breakers, connections, and associated controls. Repair and/or report all high temperature areas.

2. Perform a complete visual inspection of the equipment including subassemblies, wiring harnesses, contacts, cables, and major components. Check air filters for cleanliness.

3. Check module(s) completely for the following (if applicable):

a. Rectifier and inverter snubber boards for discoloration.

b. Power capacitors for swelling or leaking oil.

c. DC capacitor vent caps that have extruded more than 1/8".

4. Record all voltage and current meter readings on the module control cabinet or the system control cabinet.

5. Measure and record harmonic trap filter currents.

6. Check the inverter and rectifier snubbers for burned or broken wires.

7. Check all nuts, bolts, screws, and connectors for tightness and heat discoloration.

8. Check fuses on the DC capacitor deck for continuity (if applicable).

9. With customer approval, perform operational test of the system including unit transfer and battery discharge.

10. Calibrate and record all electronics to system specifications.

11. Install or perform Engineering Field Change Notices (FCN) as necessary.

12. Measure and record all low-voltage power supply levels.

13. Measure and record phase-to-phase input voltage and currents.

14. Review system performance with customer to address any questions and to schedule any repairs.

15. Provide customer documentation for all maintenance performed.

Battery Full Preventive Maintenance Service Semi-Annual Service

1. Inspect the appearance and cleanliness of the battery and the battery room.

2. Clean normal cell top dirt accumulation (accomplished only with battery off line).

3. Measure and record the total battery float voltage and charging current.

4. Measure and record the overall AC ripple voltage.

5. Measure and record the overall AC ripple current.

6. Visually inspect the jars and covers for cracks and leakage.

7. Visually inspect for evidence of corrosion.

8. Measure and record the ambient temperature.

9. Verify the condition of the ventilation equipment, if applicable.

10. Verify the integrity of the battery rack/cabinet.

11. Measure and record 100% of the cell temperatures.

12. Measure and record the float voltage of all cells.

13. Measure and record all internal impedance readings.

14. Provide a detailed written report noting any deficiencies and corrective action needed, taken and/or planned.

15. Verify approval for Battery Life program.

Annual Service

1. Inspect the appearance and cleanliness of the battery and the battery room.

2. Clean normal cell top dirt accumulation (to be done only with battery off line).

3. Measure and record the total battery float voltage and charging current.

4. Measure and record overall AC ripple current.

5. Measure and record overall AC ripple voltage.

6. Visually inspect the jars and covers for cracks and leakage.

7. Visually inspect for evidence of corrosion.

8. Measure and record the ambient temperature.

9. Verify the condition of the ventilation equipment, if applicable.

10. Verify the integrity of the battery rack/cabinet.

11. Visual inspection of the battery cabinet and/or room to include:

a. Check for NO-OX grease or oil on all connections (if applicable).

b. Check battery jars for proper liquid level (if flooded cells).

c. Check for corrosion on all the terminals and cables.

d. Examine the physical cleanliness of the battery room and jars.

12. Measure and record 100% of the cell temperatures.

13. Measure and record the float voltage of all cells.

14. Measure and record all internal impedance readings.

15. Provide a detailed written report noting any deficiencies and corrective action needed, taken and/or planned.

16. Measure and record DC bus ripple voltage (if applicable).

17. Measure and record total battery float voltage.

18. Measure and record all battery connection resistances in micro-ohms, when applicable.

19. Re-tighten all battery connections to the battery manufacturer's specifications, offline only.

20. Corrective Maintenance Performed as Required

21. Refurbish cell connections as deemed necessary by the detailed inspection report.

1.4 Period of Performance: 24 April 2020 – 23 April 2021 plus four (4) one-year option periods.

1.5 Location of Systems: UPS system is located on the NAS Pensacola Complex

1.6 Point of Contact:

Technical/Financial POC: TBA at Contract Award

1.7 Acceptor: TBA at Contract Award

1.8 Defense Biometric Identification System (DBIDS) - For Contractors, vendors and suppliers, only:

Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the

DBIDS card is scanned at an installation entry point.

If you currently have a Navy Commercial Access Control System (NCACS) card, the following is required to get a DBIDS credential:

Present your NCACS Card and a completed copy of the SECNAV FORM 5512/1 to the base

Visitor Control Center representative.

The Visitor Control Center (VCC) shall pull up your information in the computer, ensuring all information is current and correct.

Once your information is validated, a temporary DBIDS credential is provided.

Your temporary credential shall have an expiration date, prior to which you shall need to obtain your permanent DBIDS credential (~ 180 days).

For each additional U.S. Navy installation to which you need access, the first time you visit you only need to bring your DBIDS credential and statement of purpose for base access when arriving at the Visitor Control Center.

The representative shall enter base access authorization and then you may proceed to work.

If you do NOT have an NCACS Card, the following is required to obtain a DBIDS credential:

Present a letter or official document from my government sponsoring organization that provides the purpose for your access.

Present valid identification, such as a passport or Real ID Act-compliant state driver's license.

Present a completed copy of the SECNAV 5512/1 form to obtain your background check.

Upon completion of the background check, the Visitor Control Center representative shall complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments; after all this is done, you shall be provided with your new DBIDS credential.

You may now proceed to work.

FOR ADDITIONAL QUESTIONS ABOUT OBTAINING A DBIDS CARD, CONTACT YOUR

LOCAL BASE VISITOR CONTROL CENTER

1.9 Enterprise-wide Contractor Manpower Reporting Application (ECMRA). NMCARS 5237.102-

90 (a) DOD contracting activities awarding or administering contracts shall incorporate the following

Enterprise-wide Contractor Manpower Reporting Application (ECMRA) standard language into all contracts which include services, provided the organization that is receiving or benefiting from the contracted service is a Department of Defense organization, including reimbursable appropriated funding sources from non-DOD executive agencies where the Defense Component requiring activity is the executive agent for the function performed. The reporting requirement does not apply to situations where a Defense Component is merely a contracting agent for another executive agency. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications

Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

(b)The standard language to be inserted is:

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for Uninterrupted Power Supply (UPS)

Maintenance via a secure data collection site. Contracted services excluded from reporting are based on

Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications

Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address: https://www.ecmra.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil.

The following FAR/DFARS provisions and clauses apply to this solicitation and are incorporated by reference:

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2019

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 https://www.ecmra.mil/ https://www.ecmra.mil/

52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment

DEC 2019

52.212-1 Instructions to Offeror’s - Commercial Items MAR 2020

52.212-4 Contract Terms and Conditions -- Commercial Items OCT 2018

52.222-22 Previous Contracts and Compliance Reports FEB 1999

52.222-25 Affirmative Action Compliance APR 1984

52,223-5 Pollution Prevention & Right-To-Know Information MAY 2011

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-Representation and

Certifications

AUG 2018

52.228-5 Insurance-Work on a Government Installation JAN 1997

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

52.242-15 Stop-Work Order AUG 1989

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

252.204-7004 DoD Antiterrorism Awareness Training for Contractors FEB 2019

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016

252.204-7012 Safeguarding of Unclassified Controlled Technical Information

DEC 2019

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

252.204-7016 Covered Defense Telecommunications Equipment or Services -

Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services - Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

DEC 2019

252.211-7003 Item Unique Identification and Valuation MAR 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities 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

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013

252.243-7001 Pricing of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items and Commercial Components JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

The following FAR/DFARS provisions and clauses apply to this solicitation and are incorporated by full text:

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense

Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the

NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph

(c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense

Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the

NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.204-26 Covered Telecommunications Equipment or Services-Representation. (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

“covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS--REPRESENTATION (NOV 2015)

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

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

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.sam.gov/

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a

Federal law within the preceding 24 months.

ADDENDUM TO 52.212-1

FAR Provision 52.212-1 is tailored as follows:

Questions:

Questions shall be submitted in writing no later than 1200 PM EST on Wednesday, 8 April 2020 to ensure the Government has adequate time to respond. All questions shall be submitted via email to dwayne.k.davis@navy.mil. NO PHONE CALLS WILL BE ACCEPTED. Questions submitted afterwards will NOT BE ACCEPTED. It is the Government’s intention that questions and responses will be distributed to all Contractors via amendments to the RFQ posted on both beta.SAM.gov and NECO

(http://www.neco.navy.mil/).

Submission of Quote:

Offeror’s quote shall be submitted electronically by email to dwayne.k.davis@navy.mil no later than Friday, 10 April 2020 by 1200 PM EST. The Contractor is only required to submit a price quote in response to this solicitation, no technical quote is required. Offeror’s need only submit a signed quote by the solicitation closing that: 1) Show the Offeror is not taking exception to any solicitation term; 2) includes the Representations and Certifications contained in the provisions; and 3) includes unit price and total price for all line items for which the Navy is soliciting a price.

(Please provide section A, B, and C in one file)

A. Contractors’ Points of Contact, System Award Management (SAM) and Representations &

Certifications. Provide the name, title, email address, and telephone number of the individuals(s) responsible for inquires to the quote. Additionally, provide Cage Code, DUNS number, Federal Tax

ID number, and business size. Complete certifications and representations in the provisions that is

NOT included in SAM and submit with quote. If the Contractor’s SAM record holds all the completed representations and certifications in this solicitation, then a brief statement affirming so is all that is required. Failure to have all the completed information may result in the Contractor being removed from consideration for award.

mailto:dwayne.k.davis@navy.mil mailto:dwayne.k.davis@navy.mil

B. Price Quote

Pricing shall be firm-fixed and include all labor, material, and consumables required to perform the work listed in the Statement of Work (SOW) and shall be structured in accordance with the Contract

Line Items CLIN structure in this solicitation. Offeror’s shall complete the CLIN table and submit with quote. Rounding is not authorized due to system constraints. Failure to complete the table may result in the Offeror being removed from consideration for award.

C. Amendments (if Applicable)

Amendments will be provided through the Government Point of Entry and will be posted on both beta.SAM.gov and NECO (http://www.neco.navy.mil/). The Offeror should be aware that if submission is made PRIOR to an amendment they must RESUBMIT their quote. It is the Offeror’s responsibility to ensure quotes are submitted in a timely manner to the Contracting Officer.

52.212-2 Evaluation-Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government. The

Government will award on the basis of price unless the Contracting Officer is aware of past performance information related to the low price quote which indicates that quote may not represent best value. In that case, the Government reserves the right to consider the past performance of other quotes, conduct a price, past performance tradeoff, and award to other than the lowest price quote.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The pricing used for the option under FAR 52.217-8 will be based on one-half of the Offeror’s fourth option period price. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 Offeror Representations and Certifications-Commercial Items. Offeror Representations and Certifications-Commercial Items (Mar 2020) 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 (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-

25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

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;

https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(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”—

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 veteransor, 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 with13 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 at13 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 CFR124.104(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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

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

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.

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 least51 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.

(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(s) applicable to the NAICS code(s) 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 (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

http://www.sam.gov/ https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.acquisition.gov/content/41201-policy#i1121876

(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 CFR124.1002.

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

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

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

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

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

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

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

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

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

(i) It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business

Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR

Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.]

Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(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 http://uscode.house.gov/

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.

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(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:

https://www.acquisition.gov/content/52225-1-buy-american-supplies#i1053372 https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771 https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446

Line Item No. Country of Origin

[List as…