EFMO_Halon_Replacement_Scope_of_Work_USE.docx
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- Replace Halon Fire Suppression System
- Solicitation number
- P15PS00745
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Scope of Work
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P15PS00745 Replace Halon Fire Suppression System Page 5 of 62 Effigy Mounds National Monument
| Section B - Pricing | 5 |
| Section C - Scope of Work | 7 |
| Section F: Deliveries or Performance | 10 |
| Section G – Contract Administration Data | 11 |
| Section H – Special Contract Requirements | 13 |
| Section I – Clauses | 14 |
| 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02) | 14 |
| 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) | 14 |
| 52.204-7 System for Award Management. (JUL 2013) | 15 |
| 52.204-8 Annual Representations and Certifications. (MAY 2014) | 15 |
| 52.204-13 System for Award Management Maintenance. (JUL 2013) | 18 |
| 52.212-1 Instructions to Offerors - Commercial Items. (APR 2014) | 18 |
| 52.212-3 Offeror Representations and Certifications-Commercial Items. (MAY 2014) | 19 |
| 52.212-4 -- Contract Terms and Conditions -- (May 2014) | 35 |
| 52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2004) | 42 |
| 52.219-1 Small Business Program Representations. (APR 2012) | 47 |
| 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) | 50 |
| 52.222-3 Convict Labor. (JUN 2003) | 50 |
| 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) | 50 |
| 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) | 50 |
| 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) | 51 |
| 52.222-25 Affirmative Action Compliance. (APR 1984) | 51 |
| 52.222-26 Equal Opportunity. (MAR 2007) | 51 |
| 52.222-50 Combating Trafficking in Persons. (FEB 2009) | 51 |
| 52.225-1 Buy American - Supplies. (MAY 2014) | 51 |
| 52.225-2 Buy American Certificate. (MAY 2014) | 52 |
| 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) | 53 |
| 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) | 53 |
| 52.233-3 Protest after Award. (AUG 1996) | 53 |
| 52.242-15 Stop-Work Order. (AUG 1989) | 53 |
| 52.243-5 Changes and Changed Conditions (Apr 1984) | 53 |
| 52.252-2 Clauses Incorporated by Reference. (FEB 1998) | 54 |
| MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (JANUARY 2015) | 54 |
| Section J: List of Documents, Exhibits and Other Attachments | 59 |
Section B - Pricing
| CLIN |
| Description |
| Est Cost |
| 0010 |
| Labor |
| 0020 |
| Materials (including 2 year warranty) |
| 0030 |
| Disposal costs |
| 0040 |
| Miscellaneous (i.e. Overhead, Profit and Bonding) |
| 0050 |
| OPTIONAL: Inspection, Testing and Maintenance (ITM) agreement for years three through five |
TOTAL
All items are to be provided in accordance with the attached specifications, wage rates and any amendments.
See Section C for complete Scope of Work.
Note:
(1) The government requires a breakdown of cost for each Line Item. A total price will be inserted on the line for each Line Item. Ina separate document the government requires you to breakout each Line Item total to show your Materials, Labor, Overhead, Profit cost, insurance; all in one document. Then submit it with your proposal.
(2) Prices must be entered for items 0010, 0020, 0030, and 0040) of the schedule; line 0050 is an optional priced line item. Additions will be subject to verification by the Government.
The Government may issue the Notice to Proceed (NTP) via e-mail or Facsimile (FAX) or by other means.
Call for an appointment to view the building: Jeremy Parker, Effigy Mounds National Monument, Harpers Ferry, Iowa 563-873-3491 x302
Section C - Scope of Work
Collections Storage Room Clean Agent Fire Extinguishing System Effigy Mounds National Monument Harpers Ferry, IA 52146
The scope of work (SOW) is for the replacement of the Halon fire suppression system within the Visitor Center Collections Storage Room with an Ansul Sapphire clean agent fire suppression system safe for culturally sensitive materials. This includes the safe removal and disposal of the collected Halon and all system components; followed by a system layout, installation, and acceptance testing for a complete and operational Ansul Sapphire clean agent fire suppression system for the Visitor Center Collections Storage Room at Effigy Mounds National Monument, Harpers Ferry, IA. All work and components shall conform to NFPA 2001. The duration of the project will be 60 days from the issuance of Notice to Proceed. Specifically, the project includes, but is not limited to, the following:
1. Safely remove the existing Halon fire suppression system along with all system components. Properly dispose of the collected Halon agent and system components.
2. Provide a new Ansul Sapphire clean agent fire suppression system for the Visitor Center Collections Storage Room, which is approximately 1500 square feet with 8’ 6” ceiling height. The suppression system shall be fully compliant with NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems, 2012 edition; NFPA 72, National Fire Alarm, and Signaling Code, 2010 edition; and NFPA 241, Construction, Alteration and Demolition Operations, 2009 edition. This design/build concept requires the Contractor to further develop the proposed system documents to provide a complete and operational clean agent fire suppression and associated detection system.
3. Provide a new combination building/UL listed releasing control panel, area detection and related appurtenances. The new system shall be an addressable-type system with addressable type smoke sensors (detectors). The Contractor shall provide all necessary primary power requirements for all alarm system panels required by the system. The new panel shall be connected to and monitored by the Park’s alarm monitoring company. The Contractor shall provide all necessary equipment and complete all necessary coordination and connection to the Park’s alarm system monitoring company.
4. Prior to the layout of the system, the Contractor shall provide an enclosure fan test(s) to confirm and verify the integrity of the curatorial enclosure. Deficiencies found shall be documented and forwarded, with recommendations for correction, to the NPS. Coordination with the NPS is required prior to this test so that critical curatorial items can be temporarily relocated by the NPS, as necessary.
5. The Contractor shall provide clean agent tank(s) for the system zone(s) within the Collections area. This approach will reduce system piping and improve system reliability in the event of system activation.
6. The Contractor will provide interface wiring and all associated conduit, equipment, etc. necessary for interface with the alarm system and shutdown of the existing HVAC unit(s).
7. Upon successful completion and acceptance of the new system, the Contractor will provide the demolition of the existing area smoke detectors, wiring, conduit, hangers, etc.
8. Provide all access panels, door closures, door sweeps, and sealing of the curatorial room enclosure as required for proper fire suppression system operation.
9. Provide all painting and patching of existing finishes that are disturbed as a result of both demolition and installation of new equipment.
10. The Contractor shall secure all necessary permits as required by the local and federal authorities. All associated costs are the responsibility of the Contractor.
11. Provide to the NPS a phasing plan describing the areas of work and the length of time anticipated in each area so that appropriate precautions for the protection of curatorial items can be maintained. The NPS will move and relocate curatorial items as necessary; however, the Contractor shall appropriately protect items not moved. Protection shall be approved by the NPS.
12. Provide to the NPS complete and integrated drawings, sequence of operations matrix, manufacturer’s data sheets, and calculations for both the suppression and alarm system portions of the building fire protection system. The submittal shall be completely annotated and edited for this specific project. Provide a minimum of four sets of all documents for NPS review and comment. The Contractor shall be required to incorporate all NPS, or their designated representative, comments into a revised submittal. Construction activities completed by the Contractor, before the submittal is reviewed and approved, are done so at the Contractor’s risk and expense.
13. Work in the above ceiling areas shall be left in their pre-construction condition. Disturbed vapor barriers, insulation, wall/ceiling panels, etc. shall be repaired and/or replaced at no additional cost to the government, if damaged, as a result of construction operations.
14. Access around the building and the associated grounds shall be left in their pre-construction condition. Disturbed exterior walls, earth, etc. shall be repaired and or replaced at no additional cost to the government, if damaged, as a result of construction operations.
15. At the completion of installation, but prior to final testing, the Contractor shall provide four sets of as-built-drawings, manufacturer’s data sheets, calculations, operation and maintenance manuals, etc. combined in one project binder/package to the NPS. One electronic copy of this information shall also be provided to the NPS in both autoCAD and .pdf format. The as-built documents shall be submitted prior to all acceptance testing.
16. Provide acceptance testing of all systems to the satisfaction of the NPS and/or their designated representative. An NPS structural fire representative must be present during all testing of the clean agent fire suppression system. Testing of all individual systems, devices, wiring, etc. is required and must comply with NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems, 2012 edition. Removal of the Halon system, installation, testing and functional operation of the Ansul Sapphire system shall be completed in a timely manner to the satisfaction of the NPS. The calendar warranty period shall commence upon the Government acceptance of all referenced systems and completion of the entire system.
17. Provide on-site training for NPS employees specific to the installed system(s).
18. As part of the base services, provide a warranty for all systems for a period of two years. As optional services, include an ITM agreement for years three through five. All warranty conditions shall be provided via separate document at completion of acceptance tests.
Additional Requirements:
· It is the Contractor’s responsibility to require all working on or visiting the site to wear necessary personal protective equipment at all times.
· Work shall be performed during the Park’s normal business hours, except when otherwise indicated.
· A site visit is strongly recommended prior to bidding on project.
Section F: Deliveries or Performance
52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 days after. The time stated for completion shall include final cleanup of the premises.
(End of clause)
Section G – Contract Administration Data
Contracting Officer responsible for this contract:
Diana Vanderzanden National Park Service 601 Riverfront Drive Omaha, NE 68102 Telephone Number: 402-661-1660 Fax: 402-661-1661
Contract Specialist responsible for this contract:
Patrice L. Pittman National Park Service 601 Riverfront Drive Omaha, NE 68102 Telephone Number: 402-661-1664 Fax: 402-661-1665 Email: patrice_pittman@nps.gov
Contracting Officer's Technical Representative(s) for this contract:
Jeremy Parker Effigy Mounds National Monument Telephone Number: 563-873-3491 x302 Email: jeremy_parker@nps.gov
(b) The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered made without authority and no adjustment will be made in the contract price to cover increase in costs incurred as a result thereof.
(c) Contractual problems, of any nature, which might occur during the life of the contract, must be handled in conformance with very specific public laws and regulations (e.g., Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.
(d) Any request for contract changes/modifications shall be submitted to the CO.
(e) All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretation, shall be submitted to the CO.
REMITTANCE ADDRESS
If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.
The contractor shall be subject to no notice inspections under OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) program by inspectors of the Department of Labor.
LEGAL HOLIDAYS
The following legal holidays are observed by the National Park Service:
| New Year Day | 1 January | ||
| Martin Luther King Birthday | 3rd Monday in January | ||
| Presidents Day | 3rd Monday in February | ||
| Memorial Day | Last Monday in May | ||
| Independence Day | 4 July | ||
| Labor Day | 1st Monday in September | ||
| Columbus Day | 2nd Monday in October | ||
| Veterans Day | 11 November | ||
| Thanksgiving Day | 4th Thursday in November | ||
| Christmas | 25 December |
Note: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holiday falling on Sunday will be observed on the following Monday.
Section H – Special Contract Requirements
Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U.S. Department of Treasury’s Invoice Processing Platform System (IPP).
“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is https://www.ipp.gov Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
Itemized invoice of all costs The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days after the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email at ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
Section I – Clauses
52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02)
| (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. |
| (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. |
| (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. |
(End of provision)
52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02)
| (a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. |
| (b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. |
| (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. |
| (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause. |
| (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. |
(End of clause) 52.204-7 System for Award Management. (JUL 2013) 52.204-8 Annual Representations and Certifications. (MAY 2014)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 336612.
(2) The small business size standard is 500 employees.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[] (i) Paragraph (d) applies.
[] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include provision at 52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to-
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
(Contracting Officer check as appropriate.)
[] (i) 52.219-22, Small Disadvantaged Business Status.
[] (A) Basic.
[] (B) Alternate I.
[] (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
[] (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.
[] (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
[] (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
[] (vi) 52.227-6, Royalty Information.
[] (A) Basic.
[] (B) Alternate I.
[] (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifying change by clause number, title, date). 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.
FAR Clause No.[] Title[] Date[] Change[] 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 on SAM.
(End of provision)
52.204-13 System for Award Management Maintenance. (JUL 2013)
52.212-1 Instructions to Offerors - Commercial Items. (APR 2014)
52.212-3 Offeror Representations and Certifications-Commercial Items. (MAY 2014)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) 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.
Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.
Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except-
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
Subsidiary means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Veteran-owned small business concern means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
Women-owned small business concern means a small business concern-
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs _____.
(Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.)
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ___ is, ___ is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ___ is, ___ is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this 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, for general statistical purposes, that it ___ is, ___ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is, ___ is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. (Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.) The offeror represents that-
(i) It [] is, [] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [] is, [] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. (The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _____________________________________.) Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. (Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.) The offeror represents that-
(i) It [] is, [] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [] is, [] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. (The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________________.) Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (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) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)
(i) General. The offeror represents that either-
(A) It ___ is, ___ is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or
(B) It ___ has, ___ has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.
(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: _______________.)
(11) 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)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order 11246-
(1) Previous contracts and compliance. The offeror represents that-
(i) It ___ has, ___ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It ___ has, ___ has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that-
(i) It ___ has developed and has on file, ___ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It ___ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a 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)
(g)(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III.
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