19-01217_Combined_Synopsis.docx

COMBINED SYNOPSIS/SOLICITATION

NOAA RESEARCH VESSEL SHEARWATER ANNUAL SHIPYARD SERVICES FOR THE CHANNEL ISLAND NATIONAL MARINE SANCUTARY

(I) 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 and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NCND6021-19-01217NGB.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-02(JUNE 2019)(Deviation 2017-01)(JUNE 2019).

(IV) This solicitation is being issued as a full and open competition for non-personal services. The associated NAICS code is 336611. The small business size standard is 1,250 employees.

(V) This combined solicitation/synopsis is for purchase of the following commercial services and products:

SERVICES, NON-PERSONAL, R/V SHEARWATER ANNUAL SHIPYARD MAINTENANCE FOR CHANNEL ISLANDS NATIONAL MARINE SANCTUARY AS PER ATTACHED, INCORPORATED STATEMENT OF WORK.

(VI) Description of requirements is as follows:

Statement of Work – Annual Shipyard Services NOAA Research Vessel SHEARWATER Requisition Number: NCND6021-19-01217

A] GENERAL INFORMATION:

1] This Statement of Work contains the requirements for shipyard services on the NOAA Research Vessel Shearwater (R6201).

2] The general characteristics of the vessel are as follows:

3] All work is to be accomplished at the Contractor’s facility. NOAA will deliver the vessel to the Contractor’s facility, and redelivery will also be at the Contractor’s facility. The required performance period for all work defined herein is:

All work must be accomplished no later than February 28, 2020, in order to conduct research and education missions in the Channel Islands National Marine Sanctuary.

4] Coordination of the work schedules will be the responsibility of the Contractor to avoid any delays or disruptions in order to meet the performance period. The Contractor will provide all facilities, labor, materials, tools, and services required to complete the work UNLESS exceptions are noted in the specified tasks below.

5] Upon arrival at the Contractor’s facility the contractor will accept full responsibility for the safety of the vessel, including but not limited to fire protection, security patrols, water-tight integrity, and protection from adverse environmental conditions, etc. This responsibility will terminate only after all work defined herein (or added during the work period) is complete, accepted by NOAA, and NOAA personnel remove the vessel from the Contractor’s facility.

6] NOAA employees and contractors may be working on board the vessel during the contract performance period on a not to interfere basis. During this period it will be required that these personnel have full access to the vessel during normal working hours.

7] If the vessel is hauled from the water, the Contractor will ensure that all machinery and equipment used for that purpose is fully functional, suitable for the task, rated for loads at least 20% greater than the maximum weight of the vessel, and operated by trained, competent personnel. The NOAA COTR will provide a docking plan for the vessel if requested.

8] The government reserves the right to award some or all tasks defined herein, and to add tasks during the work period so long as period of performance revisions, if any, are mutually agreed.

9] All work performed under this SOW (or added to it during the period of performance) will meet or exceed all current requirements of ABYC and USCG (Subchapter T) as applicable to this size and type of vessel, in addition to any specific requirements stated below.

10] In the event defects or damage unrelated to the work tasks defined below are discovered, the Contractor will submit a Condition Found Report (CFR) to attending NOAA staff. The CFR will define corrective actions needed, the cost for that work (separated into labor, materials, services, and total), and the impact to the performance period.

11] All welding required as part of the tasks defined below will be performed by certified welders working in accordance with approved weld procedures. Certifications and approvals by USCG, ABS, or another nationally recognized authority are acceptable, and copies of these will be presented to the NOAA representative before work begins.

B] SPECIFIC WORK TASKS – PHASE 1 – DOCKSIDE

B1] Service dive compressors (2) Shearwater has two breathing air compressors on board (both Bauer Mariner II). One is mounted in the port engine space while the other is a portable unit stored on the top deck.

· Change compressor oil and filters using the manufacturer’s recommended oil and filters. Inspect compressor filter canisters for corrosion and pitting before inserting new filter cartridges.

· Inspect compressor cooling fans and V-belts, and inter-stage and crankcase cooling fans.

· Clean element of intermediate separator.

· Inspect all control valves installed on the compressors. If repairs or replacement is required, submit a CFR to NOAA staff.

· After the filters and fluids have been replaced run the compressor up to the maximum allowable working pressure (MAWP) and hold at this pressure to ensure there are no leaks anywhere in the system. Use the pressure just before the system is about to shut itself down (approx 4,000psi for the mounted compressor and 3,200 for the portable compressor).

· Provide separate written reports for each compressor detailing all work done.

B2] Replace hydraulic hoses and tubes Remove and replace the following hydraulic components located on the vessel exterior:

· A-frame hoses and hard hydraulic tubes on A-frame rams

· Anchor winch hoses

· Foredeck capstan hoses New hoses, tubes, and fittings of equal or better pressure rating, bend radius, and weather-resistance will be provided and installed. New A-frame tubes will be of stainless steel. Hose fittings and ferrules will be cadmium-plated steel, and be wrapped in Densyl tape after installation. Hose lengths will be replicated unless improved routing of the new hoses offers clear advantages and NOAA staff approve. If existing hoses have chafe or weather protection sleeves installed, those will be duplicated for the new hoses. The Contractor will take all precautions against spilling hydraulic fluid during replacement, and any drips or spills will be completely cleaned up. To the extent possible, new hoses will be charged with the same hydraulic oil that is currently in the system before installation. Upon completion, NOAA staff will operate the hydraulic equipment and the Contractor will demonstrate that no leaks are present.

B3) Service main engines (2) The contractor shall have all preventative maintenance and service recommended by DDA for an engine of 14,700 hours of service performed on the starboard engine. The contractor will have all preventative maintenance and service recommended by DDA for an engine of 13,900 hours of service performed on the port engine. In addition, include the following work on both engines:

· Replace fuel supply and return lines to fuel tank

· Replace water injection exhaust elbows

· Replace raw water circulation pumps

· Replace thermostats

· Replace cooling water hoses to turbochargers Provide a written report describing all work performed. Upon completion conduct dock trials and sea trials to demonstrate proper operation of the engines and related systems.

B4] Service transmissions (2) Conduct the following services tasks on the port and stbd main engine transmissions:

· Replace oil filters and oil

· Clean suction strainer

· Inspect magnetic oil sump plug, clean if required

· Inspect anodes, clean if required

· Inspect flywheel housing vents, clean if required

· Report adverse findings on all sub-tasks above to NOAA staff.

Upon completion conduct dock trials and sea trials to demonstrate proper operation of the transmissions.

B5] Service generators (2) The contractor shall have the following service work performed on both generators installed in the vessel. Provide a written report describing all work completed.

· Check valve clearances

· Check injectors

· Change impeller in raw water pump

· Replace fuel supply and return lines to fuel tank Upon re-launching of the vessel conduct dock trials and sea trials to demonstrate proper operation of both generators and related systems.

B6] Aft steps nonskid Remove the nonskid sheet material from the port and starboard steps to the dive platforms. Clean the steps and remove all surface corrosion. Weld on new treads made of 1/8” thick diamond plate with an aggressive nonskid texture.

B7] Repair at mast base A crack has developed in the deck near the base of the starboard, center, aft mast pipe. Remove the mast and determine the extent of the crack. Grind out the crack to clean metal and reweld. Install a gusset or bracket to support the deck in way of the mast pipe. Clean up the welded area, restore any disturbed nonskid, and reinstall the mast. Test any electrical devices disconnected during the work and demonstrate that they operate properly.

B8] Test batteries Clean the eight each clean-power system batteries and terminals. Load test the batteries and provide a written report of results. If any batteries require replacement, submit a CFR to NOAA staff.

B9] Repair engine room insulation Repair the failed acoustic/thermal insulation in the port and starboard engines rooms where it is degraded and falling down. Use the same type of insulation where replacement is required, tape all exposed edges, and secure it with mechanical fasteners.

C] SPECIFIC WORK TASKS - PHASE 2 - HAUL OUT

C1) Haul, clean, block, store, and launch Remove the vessel from the water. Pressure-wash the entire hull from sheer line to keel, removing all dirt, grime, and marine growth. Clean all surfaces within the tunnel. Similarly, clean all fittings below waterline, including propulsor components, struts, stern tubes, rudders, foils, fins, through-hulls, etc. Clean transducers with a non-metallic brush, taking care to not mar the emitting surface in any way. Clean all surfaces of all anodes with a wire brush unless they are to be replaced.

Block the vessel in a level altitude with the keel (or keels) 36” minimum off the ground. Inspect the hull, coatings, and all attachments and report any damage or discrepancies to NOAA staff in writing. Provide electrical power to the vessel suitable for its shore power system.

Upon completion of all work done on the hard, launch the vessel, inspect all compartments for leaks, and secure it dockside. If dockside testing or underway trials are required after launch, provide advance notification so NOAA personnel can attend.

C2] Recoat bottom paint Sand blast/grind all areas of corrosion, scrapes and nicks below painted waterline on the hull and rudders. Spot-prime same areas with one coat of Interguard 264 epoxy primer. Wash bottom with fresh water and hand dry to remove all contamination from surface. Apply a full coat Interguard 264 primer and one coat of Intersleek 731 tie coat to the hull and rudders at recommended dry times. Apply one full coat Intersleek 1100 series over the hull and rudders, allow proper drying time before launching.

For all coatings, shift the hull blocks and coat previously inaccessible areas. Upon completion of all coatings, cleanup masking and vessel protection, and wash vessel prior to launch.

C3) Renew Prop-speed The contractor shall renew the Prop-speed coating on the propellers, shafts, and other items of running gear that are currently coated with this material. Follow manufacturer’s instructions for preparation and application.

C4) Inspect all seacocks The contractor shall open, actuate, and visually inspect all seacocks in the hull bottom and topsides. A written report shall be submitted to the COR detailing the location and condition of seacocks. If required submit a CFR for any recommended repairs.

C5) Pressure test foils, strakes, and guards After the vessel is hauled and washed, and after the surfaces are dry, but before the application of new coatings, inspect the foils, strakes, and guards for evidence of leaks. Report any leaks found to the COR in writing. Remove the test plugs from each of these items and pressure test to 3 PSI for non-visible leaks. Hold pressure for ten (10) minutes and determine if pressure has been lost. If pressure is lost, locate leaks by soapy film test or other means. Repair leaks and repeat testing until no additional leaks are found. Reinstall test plugs using suitable marine grade pipe thread sealant.

C6] Inspect transducers Open the transducer cofferdam in the starboard hull and inspect. Determine quantity of any water in the housing. Determine the condition of transducers and wires in the housing. Determine the condition of the cofferdam and cover. Provide a written report to attending NOAA staff. After NOAA review close up the cofferdam.

C7] Survey hull thickness The Contractor will utilize certified technician to take ultrasound readings of hull plate thickness in the following locations:

· Within 12” of each side of each hull keel, from the engine room forward bulkhead to the collision bulkhead; 50 readings, evenly spaced.

· The entire surface between the main hull girders in the engine room and lazarette; 50 readings, evenly spaced.

Provide a detailed report of findings, including locations of readings and plate thicknesses, to NOAA staff upon completion.

C8] Quadrennial inspections The contractor shall conduct a quadrennial inspection and load test of the hydraulic crane, the A-frame, and the scientific winch in accordance with 29 CFR 1919 Subparts D and E. Items are to be load tested to 125% maximum rating. The tests shall be conducted by an OSHA accredited person. The contractor shall provide a certificate documenting the quadrennial inspection including detailed results of the tests.

C9] Clean fuel tanks The vessel will be delivered to the yard with minimal fuel in the two diesel storage tanks. The Contractor will drain the remaining fuel in the tanks and store that fuel for re-use. Visually inspect the interior of the fuel tanks for marine growth, foreign substances, and corrosion. Clean the interiors of both fuel tanks. Note any defects found in writing. Replace the stored fuel via a fuel polishing filter system to remove any contaminants. No additional fuel will be added.

C10] Replace graphics Replace the following hull graphics in kind:

· “NOAA R6201” lettering at P&S bows

· “Channel Islands National Marine Sanctuary” lettering at port & stbd sides

· NOAA circular logo at port & stbd bows (NOAA will provide electronic file)

· Replace all blue striping (light and dark blue) on the vessel Before applying new lettering and decals, clean and prepare the hull surfaces in accordance with material manufacturer’s standards.

C11] Install rudder locks Design and install removable pins to secure each rudder amidships in the event of steering system failure. In the event of failure, the rudders will be moved to center by the crew, and the pins will be dropped in place quickly and without the need for tools. The pins will pass through existing holes in the tiller arms.

C12] Revise sight tube valve Replace the broken handle on the port fuel tank lower sight tube valve. Fabricate and install a reach rod similar to that on starboard to articulate the valve. Demonstrate reach rod function to NOAA staff.

D] OPTIONAL WORK TASKS –

D1] Water maker Inspect Newport 400 MPC-5000 MkII water maker and advise on how much it would cost to put it back in service. Provide a CFR with recommendation and price information to bring it back online.

E] IT SECURITY REQUIREMENTS

The Certification and Accreditation (C&A) requirements of 48 CFR 1352.239-73 do not apply, and a Security Accreditation Package is not required. The contractor will not have access to any government owned IT equipment or be furnished government privileged information. However, the contractor will have full access to the vessel and all of its systems.

F] AWARD BASIS

Performance factors are equal to price. Contractor must demonstrate past performance in working with aluminum high speed catamaran vessels including aluminum welding.

G] LOCATION

The contractor shall propose the location for repairs. The vessel is to be transported at sea by the government to and from the repair facility. The government shall asses the cost of $30/per Nautical Mile at sea from Santa Barbara Harbor, to and from the proposed repair facility in determining the lowest cost proposal. The government shall include the travel costs of a Santa Barbara-based NOAA representative in accordance with the JFTR (Joint Federal Travel Regulations) during the entire duration of repairs conducted greater than 50 miles from Santa Barbara to determine the lowest cost proposal.

(VII) PERIOD OF PERFORMANCE:

(VIII) FAR 52.212-1, INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (OCT 2018)Deviation 2019-03)(JUNE 2019), applies to this acquisition. This will be evaluated on a best value/trade off basis.

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

Quotes shall be fully executed and returned on the Standard Form (SF) 18 or your own company quote form and any acknowledgements of solicitation amendments on the SF 30. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable (preferred) and can be sent to Nick Brown, email nicholas.g.brown@noaa.gov or Faxed to 303-497-3163.

At a minimum the contractor shall provide the following information:

THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT.

(IX) FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS (OCT 2014), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a) the Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers. All factors have the same value:

This will be evaluated on a best value/trade off basis

(X) THE OFFEROR MUST SUBMIT A COMPLETED COPY OF THE PROVISION AT FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (OCT 2018) 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.

“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 unde 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; an

(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 part127), 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 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 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) Vetera-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 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/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3U.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

[List as necessary]

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

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Line Item No. Country of Origin

[List as necessary]

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

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

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

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

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

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

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

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

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

(ii) Examples.

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

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countries of Origin

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

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

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

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

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

(2) □ Outside the United States.

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

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

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

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

(iii) The compensation (wage and fringe benefits)…