RFQ FREEZERS.pdf

OMB Approval No. 9000-0009

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

This RFQ [ X ] is [ ] is not a Small Business Set-Aside Page

Of Pages

1. REQUEST NO.

MB 20-024

2. DATE

ISSUED

08/26/2020

3. REQUISITION/PURCHASE REQUEST

NO.

4. CERT. FOR NAT.

DEF. UNDER BDSA

REG. 2 AND/OR DMS

REG.1

RATING

5a. ISSUED BY: U.S. DEPT. OF COMMERCE, NOAA Fisheries, Office of Management & Budget 1315 East West Highway, Silver Spring, MD 20910

6. DELIVER BY (Date) September 18, 2025

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

NAME TELEPHONE NUMBER [X ] FOB DESTINATION [ ] OTHER (see schedule)

SUZANNE JOHNSTON

SUZANNE.JOHNSTON@NOAA.GOV

AREA CODE

NUMBER

789-6061

9. DESTINATION

a. NAME OF CONSIGNEE USDOC/NOAA NOAA FISHERIES, Natl Seafood Inspection Lab 8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS 3209 Federic Street

c. STREET ADDRESS

c. CITY Pascagoula

d. CITY

e. STATE

f. ZIP CODE d. STATE

MS

e. ZIP CODE 39568

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE 4 PM, EST,

Sept 10, 2020

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services.

Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local Taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QTY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Base Year – Provide all equipment, personnel, tools, materials, and incidental services necessary to perform preventive maintenance and repairs to maintain equipment in accordance with this Statement of Work (SOW) Period of Performance: Date of award for one year

Not to exceed line item for Emergency visits repairs and parts – NTE $10K

Option Year 1 – Continued support – year two of service

Opt Yr 1- NTE line item for Emergency Visits/Parts NTE $10K

Option Year 2 – Continued support – year three of service

Opt Yr 2- NTE line item for Emergency Visits/Parts NTE $10K

Option Year 3 – Continued support – year four of service

Opt Yr 3- NTE line item for Emergency Visits/Parts NTE $10K

Option Year 4 – Continued support – year five of service

Opt Yr 4- NTE line item for Emergency Visits/Parts NTE $10K

MO

NTE

12. DISCOUNT FOR PROMPT

PAYMENT

a. 10 CALENDAR DAYS %

b. 20

CAL

DAYS %

c. 30 CALENDAR

DAYS %

d. CALENDAR DAYS

NUMBER

PERCENTA

GE

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS

a. NAME (type or print) b. TELEPHONE

c. CITY, STATE, ZIP

AREA CODE

c. TITLE (type or print)

QUOTED BY:_____________________ DATE_____________________________

COMPANY NAME:_________________________

PHONE:__________________________ EMail ADDRESS:____________________

FAX:_____________________________ TAX ID NUMBER:____________________

ADDRESS:___________________________________________________________

DUNS no._______________________________CAGE CODE (CCR):____________

North American Industry Classification System (NAICS) Code & Small Business Size Standard:

238220 - Plumbing, Heating, and Air-Conditioning Contractors $6.5 Million

EMAIL QUOTE TO SUZANNE JOHNSTON SUZANNE.JOHNSTON@NOAA.GOV

Award will only be issued to Vendors/Contractors who:

Are registered and active in SAM (System for Award Management) at https://www.sam.gov/portal/public/SAM/

QUOTES MUST BE VALID THROUGH SEPTEMBER 30, 2020

mailto:SUZANNE.JOHNSTON@NOAA.GOV

Statement of Work NSIL Walk In Freezer Maintenance

NFFKF700-20-02615

BACKGROUND

The National Seafood Inspection Laboratory (NSIL) owns a stand-alone walk in freezer that is located on the platform downstairs, as well as pays for the maintenance for two walk in freezers inside the laboratory space on the second floor.

1.0 INTRODUCTION

The National Seafood Inspection Laboratory has three walk in freezers for sample storage. The contractor shall provide all equipment, personnel, tools, materials, supervision, and other items and incidental services necessary to perform preventive maintenance and repairs to maintain the equipment within design parameters as prescribed in the manufacturer’s maintenance manuals and technical bulletins and in keeping with good business practice in accordance with this Statement of Work (SOW). This service will be performed at the National Seafood Inspection Laboratory, at 3209 Frederic Street, Pascagoula, MS 39568.

1.1 SYSTEMS OVERVIEW

1.1.1. Outside Stand Alone Freezer NSIL Designation OF: This freezer consists of a 32000BTU evaporator with a 6HP condensing unit with all of this equipment on top of the freezer box, which was designed to be portable. Serial Number: E3362.

1.1.2. Walk In Freezer (Rapid Pull Down or Blast) NSIL Designation WI1: This freezer consists of a 20000BTU evaporator piped into a 4.5hp scroll condensing unit located on the roof accessible by standard door. Factory model number MEL0228.0X7A, Frost Model number FERE200B/2. Serial Number: 223926.0001; Condenser Model Number

BZT045L6C.

1.1.3. Walk In Freezer (Storage) NSIL Designation WI2: This freezer consists of a 16000BTU evaporator piped into a 3.5hp scroll condensing unit located on the roof accessible by a standard door. Factory model number MEL0155.1X4, Frost Model number FERE160B/2.

Serial Number: 223925.0001. Condenser Model Number BZT035L6C.

1.1.4. Control Panel: The walk in freezers in 1.1.2 and 1.1.3 are both controlled by the same control panel that is a Global Link Controller HLLC2 with a backup control that is a Johnson Controls A419 controller.

1.2 SCOPE

The contractor shall provide all personnel, equipment, tools, services, and supervision necessary to inspect, maintain and repair government owned walk in freezers detailed above in section 1.1. These services are to be performed at the National Seafood Inspection Laboratory, at 3209 Frederic Street, Pascagoula, MS. The contractor shall perform all service maintenance and repair tasks in accordance with the manufacturers’ recommendations as well as the standards and procedures defined in this contract. The contractor shall maintain a written preventative maintenance schedule before the start of the contract.

1.2.1. Preventative Maintenance

1.2.1.1. The contractor shall furnish the necessary personnel, equipment, tools, supervision, and services to provide preventative maintenance for the equipment listed in 1.1 above.

1.2.1.2. Contractor shall inspect quarterly, and ensure that the freezers are operating and serviced according to the manufacturer’s recommendations.

1.2.1.3. The contractor shall ensure the freezers perform efficiently and are clean and are free of corrosion.

1.2.1.4. The contractor shall identify and repair leaks in the system as appropriate.

1.2.1.5. The contractor shall minimize disruptions and inconveniences to users and must coordinate all work with the contract representative.

1.2.1.6. The contractor shall not perform any repairs without prior approval by the contracting officer and contract representative.

1.2.1.7. All parts and materials are to be provided by the contractor for regularly scheduled preventative maintenance.

1.2.1.8. Repair parts and materials beyond those replaced as part of regularly scheduled maintenance will be pre-approved by the contracting officer.

1.2.1.9. If required, travel expenses shall be built into the monthly service call, and shall not be billed separately.

1.2.1.10. A Not-to-exceed (NTE) time and material (T&M) line item to be added to award to cover repairs and parts required that are outside of the preventative maintenance requirements.

1.2.2. Limits Of Labor Provided: The contractor shall provide preventative maintenance labor for equipment shown in the equipment list in 1.1 above. Maintenance personnel shall be fully qualified and competent to provide the following:

● Provide ongoing preventative maintenance on the equipment list in 1.1 above.

● Identify repairs needed.

● Report and document maintenance on equipment.

1.2.3. Property Control: The contractor shall obtain approval of the contract representative or the contracting officer before removing any item from its existing location.

1.2.4. Freezer Repair

1.2.4.1. The contractor shall start diagnosis and repairs to the freezer within 24 hours of identification of a problem, or being notified of repair service requirement.

1.2.4.2. The contractor shall notify the contract representative and contracting officer when any replacement part must be ordered that will delay repairs for more than 24 hours.

1.2.4.3. The contractor shall develop a repair plan within 48 hours of the expected delay if repair time may exceed seven days and submit this plan to the contract representative and contracting officer for approval.

1.2.4.4. The government shall not be billed for replacement parts and repairs until repairs are complete and the equipment is restored to proper operation.

1.2.4.5. All repairs are to be completed within thirty days of notification of repair service requirement. Those repairs and parts that are outside of the preventative maintenance requirements shall be billed to the T&M line item within the award, only after approval to perform repairs is made by the governments POC.

1.2.4.6. Travel expenses, if required, must be approved in writing, and shall not be in excess of the prevailing government per diem rate for Pascagoula, MS.

1.3 EMPLOYEES

Certifications: The contractor shall be licensed to conduct refrigeration work in the State of Mississippi and have 5 years of experience in refrigeration equipment service as detailed in serviceable items listed in 1.1 above. The contractor’s onsite worker should be trained and certified for conducting maintenance and repair on refrigeration equipment as detailed in serviceable items listed in 1.1 above. Vendor to provide verification of above requirements with proposal.

1.4 HOURS OR OPERATION

1.4.1 Normal Hours: The contractor shall maintain the following customer service hours:

Monday through Friday 7:00 am to 5:00 pm, however, performance of maintenance and repairs under this contract will not be precluded after normal hours.

1.4.2 Recognized Holidays: The contractor is not required to provide service on federal holidays with the exception of emergency service.

1.4.3 Emergency Services: Emergency services may be required outside the normal duty hours described above. The contractor's responsibilities for emergency support are within 2 hours of notification and within 1 day during normal hours of receipt of any parts required.

1.5 SAFETY

1.5.1 Contractor Compliance: The contractor and its subcontractors shall comply with Public

Law 91-596 (Occupational Safety and Health Act (OSHA)) and the Environmental, Safety, and Occupational Health (ESOH) (DODD 4715.1E). These requirements shall be incorporated into the contractor’s safety and health program.

1.5.2 Mishap Notification and Investigation: The contractor and its subcontractors (if applicable) shall promptly report pertinent facts regarding mishaps involving Government property damage or injury to Government personnel and to cooperate in any resulting safety investigation. The contractor shall notify (via telephone) the cognizant contracting officer, the contracting officer’s representative, and/or other applicable members within four (4) hours of all mishaps or incidents. The Government person notified by the contractor will in-turn notify the Safety office. Contractor notifications made after duty hours shall be reported to the appropriate installation Command Post. If requested by the cognizant contracting officer, the contracting officer’s representative, and/or the cognizant program manager, the contractor shall immediately secure the mishap scene/damaged property and impound pertinent maintenance and training records until released by the investigating safety office. If the Government investigates the mishap, the contractor and the subcontractors shall cooperate fully and assist the Government personnel until the investigation is completed.

1.5.3 Environmental Requirements

1.5.3.1 All work performed under the PWS will completed in accordance with Environmental

Protection Agency (EPA) requirements for handling of refrigerants and hazardous materials (HAZMAT).

1.5.3.2 All provisions of the Clean Air Act (CAA) and Clean Water Act are to be followed with respect to the handling, disposal, and record keeping requirements for ozone depleting substances and other hazardous materials (HAZMAT) used in the performance of this contract.

1.5.3.3 All oils and solvents, or consumables contaminated with HAZMAT are to be removed from the premises and properly disposed of.

1.6 DELIVERABLES

The contractor shall provide deliverables as described in subsequent task orders. Deliverables shall be specified by the government.

Task Name Frequency Quantity 001 The Contractor shall perform periodic preventative maintenance for the walk- in freezers.

Quarterly 4

002 Contractor shall conduct repairs discovered during preventative maintenance as needed to return freezers to normal operation

Within 24 hours of discovery of the needed repair

As needed

003 Contractor shall conduct emergency repairs that fall outside of the preventative maintenance as needed to return refrigeration equipment to normal operation. Performance to begin after proposal submitted to government POC and approved.

Within 2 hours of notification for first response, within 1 day of receipt of any parts required

As needed

2.0 GENERAL REQUIREMENTS

2.1 NON-PERSONAL SERVICES

The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Procuring Contracting Officer (PCO) immediately.

2.2 BUSINESS RELATIONS

The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

2.3 CONTRACT ADMINISTRATION AND MANAGEMENT

The following subsections specify requirements for contract, management, and personnel administration.

2.3.1 Contract Management

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The contractor must maintain continuity between the support operations at the National Seafood Inspection Laboratory and the contractor's corporate offices.

2.3.2 Contract Administration

The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for contractual actions in a timely fashion. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support contracts or task orders. The contractor shall assign work effort and maintaining proper and accurate time keeping records of personnel assigned to work on the requirement.

2.4 CONTRACTOR PERSONNEL, DISCIPLINES, AND SPECIALTIES

The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The successful contractor must employee properly certified refrigeration technicians and be able to provide a valid business license and certification along with a document of work performing similar tasks within the last 24 months and provide references for that work performed.

2.5 PERIOD OF PERFORMANCE

Base Period: Date of award for One Year

With four (4) additional option year periods. Options are at the sole discretion of the government and are not guaranteed.

2.6 PLACE OF PERFORMANCE

The primary place of performance will be:

National Seafood Inspection Lab 3209 Frederic Street Pascagoula, MS 39568-4163

3.0 TERMS OF THE SOW

The contractor will be responsible for the scheduling and coordination of work on the site. The contractor shall provide all labor, materials, tools, supplies, equipment, transportation, supervision, incidental engineering and management necessary to perform all tasks.

4.0 PERFORMANCE TASKS

The following section specifies the Performance Objectives and Performance Elements for the contract.

4.1. TASK 1: Perform all preventative maintenance and inspection items required to ensure proper operation of government owned equipment following the guidance of the appropriate maintenance manuals and technical service bulletins as detailed in serviceable items listed in

1.1 above. Estimates for all repairs not included as part of the preventive maintenance prescribed in the manuals and technical bulletins shall be submitted and approved by the government POC prior to beginning repair work.

4.2. TASK 2: Correct any deficiencies discovered as a result of preventative maintenance or inspections, or deficiencies that occur during the course of normal operations.

4.2.1. Standard: The freezers will be returned to normal operation, and will operate within parameters defined by the operating manuals.

4.2.2. Government will be notified if repairs cannot be completed within twenty-four hours and given an estimate for repair completion. If not repairable due to lack of onsite parts or materials, a plan for repair including a list of parts or materials will be identified and forwarded to the contract representative and contracting officer for approval within 48 hours of discovery of problem.

4.2.3. Parts will be ordered after authorization and will be installed within 24 hours of receipt.

Repair parts and labor will not be billed until the repairs are complete and the system is operating normally.

4.2.4. Labor: Labor for repairs and maintenance to correct deficiencies or emergency repairs will be billed as “Maintenance Hours.”

4.2.5. Parts, Materials and Consumables: A list of parts, materials and consumables required to correct deficiencies will be provided to the contract representative prior to purchase.

4.3 TASK 3: Conduct emergency repairs when required. Repairs shall start within 12 hours of notification and approval by the POC after receipt of estimated total costs.

4.3.1 Contractor will have personnel onsite to begin diagnostics within 2 hours of emergency notification, 24 hours a day, 7 days a week.

4.3.2 Government will be notified if repairs cannot be completed within forty-eight hours and given a plan for repair completion. If not repairable due to lack of onsite parts or materials, list of parts or materials will be identified and forwarded to the contract representative for approval within forty-eight hours of discovery of problem.

4.3.3 Parts will be ordered after authorization and will be installed within 24 hours of receipt.

IT Requirements

This order will not require assignment of a permanent user account, access to DOC data or systems. This contractor will not have access to and will not use any Government owned IT hardware, application software, or systems software.

Basis For Award

Contract will be awarded based on best value, taking into consideration past performance, technical capabilities and price. All three hold equal weight for ratings. Government will not award to a vendor if the price cannot be found to be fair and reasonable to the government.

Submission of Quotes

QUOTES MUST BE VALID THROUGH AUGUST 31, 2020

A response to this Request for Quote shall consist of the following:

Completed Standard Form 18 (pages 1-2) – with pricing and signature.

Written/Detailed responses to each of the evaluated items listed above Verification that the vendor is registered in SAM and has completed all On-Line Representations and Certifications.

PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUNE 2020)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.217-5 EVALUATIONS OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov and www.osec.doc.gov (End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Commerce Acquisition Regulation (CAR) (48 CFR Chapter 1352) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. (End of provision)

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers, in descending order of importance:

Price, technical capabilities and past performance

(b) Options. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s).

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JUNE 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

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

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

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

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

(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 under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

(b)

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

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

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

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

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

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

(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 http://www.sam.gov/ https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.acquisition.gov/content/41201-policy#i1121876 in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

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

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

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

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

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

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

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

(1) Previous contracts and compliance. The offeror represents that-

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(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.)

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(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.”

(2) Foreign End Products:

[List as necessary]

Line Item No. Country of Origin

(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:

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

Other Foreign End Products:

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

(2) Buy American-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:

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(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:

(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:

(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:

(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:

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(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…