Solicitation Water Assessment.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR (Federal Acquisition Regulations) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is 75H70624Q00018. The solicitation document incorporated provisions and clauses are those in effect through FAC (Federal Acquisition Circular)2023-01.

This is a Small Business set-aside solicitation. NAICS code is 221310 – Water Supply and Irrigation Systems

The unit pricing must be all inclusive (to include but not be limited to travel, lodging, per diem, fringe benefits, federal, state, and local taxes) plus all other costs pertinent to the performance of this contract. Utilize your most competitive and reasonable rates.

The period of performance will be from Date of Award up to 3 months.

INSTRUCTION TO OFFERORS: Proposal must contain the following documents in order to be considered responsive and eligible for an award:

Complete the attached FAR and HHSAR (Health and Human Services Acquisition Regulations) provisions and clauses applicable to this acquisition, including:

FAR 52.212-1 - Instructions to Offerors – Commercial Items (March 2023). This must be submitted by the Offeror. See attachment for full text. See Section L for Past Performance Questionnaire Form.

At least 3 and no more than 5 questionnaire forms shall be completed for evaluation purposes.

FAR 52.212-2 – Evaluation – Commercial Items (Nov 2021).

The Government will award a contract resulting from this solicitation to the lowest responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award shall be made to the Lowest Price, Technically Acceptable Offer. The following factors shall be used to evaluate offers:

Ability to meet technical specification of the equipment Price

Award will be made on LPTA to the Government

FAR 52.212-3 – Offeror Representations and Certifications – Commercial Items (Dec 2022).

This must be completed by the Offeror. See attachment for full text. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of this provision.

FAR 52.212-4 - Contract Terms and Conditions – Commercial Items (Dec 2022) (Incorporated by Reference; and

FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders

– Commercial Items (Jun 2023).

The full text of a clause may be accessed electronically at:

https://www.acquisition.gov/?q=browsefar

Proposals are due on May 15 @ 12:00 PM CST Submit proposals to:

Quentin N Burdick Memorial Healthcare Facility Attn: Phyllis Gourneau, Contract Specialist PO Box 160 1300 Hospital Loop Belcourt, North Dakota Telephone: 701/477-6111 ext. 8434 E-mail: phyllis.gourneau@ihs.gov

Note to the Proposed Contractor:

OIG Exclusion List

No contract award shall be made to a vendor or provider listed on the OIG Exclusion List (http://exclusions.oig.hhs.gov) throughout the duration of the contract. Should a candidate be found with a non-favorable security clearance it shall be the contractor’s responsibility to replace the candidate working under the contract/purchase order with a suitable candidate. It shall be the responsibility of the contractor to notify the Acquisition Office is there is a change in provider.

In addition, no Contractor or subcontractor employee shall be permitted to perform work under this contract if listed on the LEIE (HHS Office of Inspector General List of Excluded Individuals/Entities), http://exclusions.oig.hhs.gov. As soon as practicable prior to the performance of the work, the Contractor shall provide to the Contracting Officer the names of all individuals to be used in performance of work for screening against the LEIE. During the performance, the Contractor shall provide the Contracting Officer the names of any additional or substitute employees for screening before they begin work.

The Contractor is responsible for conducting security preclearance investigations in sufficient depth to ensure that each Contractor or subcontractor employee referred to IHS is not on the LEIE and can obtain a favorable fingerprint clearance. Each security preclearance shall be conducted sufficiently in advance of the start of performance to avoid delays caused by denial of access. If this is a Time and https://www.acquisition.gov/?q=browsefar mailto:phyllis.gourneau@ihs.gov http://exclusions.oig.hhs.gov/ http://exclusions.oig.hhs.gov/

Materials, Labor-Hour, or Cost-Reimbursement contract, the contractor shall not charge for or be reimbursed for labor hours or other costs incurred for employees who are unable to perform due to denial or access or the excess time required to resolve and clear unfavorable security clearance findings. If this is a Fixed-Price contract, denial of access due to security clearance findings shall not be a basis for excusable delay or an increase to the contract amount.

The Government will pay for the cost to process the contractor’s suitability clearances. However, multiple investigations for the same position may, at the Contracting Officer’s discretion, lead to a reduction(s) in the contract price of no more than the cost of the investigation(s).

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

THIS RFQ X IS IS NOT A SMALL BUSINESS SET-ASIDE PAGE OF PAGES

1-2

1. REQUEST NO.

75H70624Q00018

3. REQUISITION/PURCHASE REQUEST NO.

REQ. IHS1494056

74. CERT.FOR NAT. DEF.

UNDER BDSA REG.2

AND/OR DMS REG. 1

RATING

Quentin N Burdick Health care Facility PO Box 160, Belcourt, ND 58316

6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY OTHER FOB DESTINATION (See Schedule)

NAME

Phyllis Gourneau Contract Specialist phyllis.gourneau@ihs.gov

TELEPHONE NUMBER 9. DESTINATION

AREA CODE

NUMBER

477-8434

a. NAME OF CONSIGNEE Quentin N. Burdick Memorial Healthcare

Facility TO: 1600 Hospital Loop

a. NAME b. COMPANY c. CITY Belcourt

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE d. STATE

ND

e. ZIP CODE 58316

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK

5a ON OR BEFORE CLOSE OF BUSINESS (Date)

05/15/2024 12:00 pm

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)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

1 Water System Risk Assessment

Please see attached Scope of Work

Small Business Set Aside

Total

12. DISCOUNT FOR PROMPT

PAYMENT

a. 10 CALE

b. NDAR DAYS

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 15. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATIONa. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY 16. SIGNER

a. NAME (Type of print) b. TELEPHONE

AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION FormFlow/Delrina Inc. STANDARD FORM 18 (REV 6-95) Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53-215-1(a) mailto:phyllis.gourneau@ihs.gov

CONTINUATION PAGE 2 OF 2 PAGES

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

DUNS & BRADSTREET

NUMBER:__________________________

(The Duns & Bradstreet number is required.

Provided you do not have it, you may call 866-705- 5711 and obtain one.) You will need a DUNS & BRADSTREET NUMBER to be awarded the purchase order and registered with the System Awards Management; you can register at sam.gov

The quoter is hereby notified that they must be registered in the System Awards Management before the Government will issue an award. (You may do this by going to www.sam.gov to register and you are required to update this registration every year prior to the expiration date.)

FEDERAL TAX ID

NUMBER:_____________________________

EMAIL

ADDRESS:________________________________

The quoted “unit price” is an all –inclusive cost.

All-inclusive cost is defined to include travel lodging, per diem, fringe benefits, federal, state and local taxes (Contact the local Tribal TERO Office to see if taxes are applicable), plus all other costs pertinent to the performance of this purchase order.

http://www.sam.gov/

Statement of Work Quentin N. Burdick Memorial Health Care Facility

Water System Risk Assessment

INTRODUCTION: The Quentin N. Burdick Memorial Healthcare Facility (QNBMHCF) is a 27-bed hospital with both a Clinic and Emergency Room. Also, on-campus, is a separate building which is occupied by Behavioral Health and Public Health Nursing (PHN) departments.

LOCATION: The work location would be the hospital (QNBMHCF) and a separate on-campus building occupied with Behavioral Health and Public Health Nursing departments.

DEFINITIONS:

Risk Assessment – an inspection, analysis, and review of the risk to health and safety of the Quentin N. Burdick Memorial Healthcare Facility and the Behavioral Health/Public Health Nursing building’s water systems. Furthermore, to identify actions needed to correct any potential or real problems to the existing water systems.

Water Management Plan – QNBMHCF’s working plan for the prevention of Legionella and/or other bacteria; encompasses both the Facility and the Behavioral Health/Public Health Nursing building.

Water system – the entire schematic water system for QNBMHCF and the Behavioral Health/Public Health Nursing building.

Water Management Program – QNBMHCF’s systematic approach to water management guidelines, developed by national agencies (e.g., CDC, ASHE, ASHRAE), for reducing the development and transmission of waterborne microorganisms, (e.g., Legionella) at QNBMHCF.

DESCRIPTION OF WORK: The work covered by this statement of work consists of an in-person, onsite inspection, analysis and review of two facilities (QNBMHCF and Behavioral Health/PHN facility) and the production of a risk assessment report, that includes the following:

• An assessment of the risk to health and safety, and identify actions needed to correct.

• Recommendations of any indicated water systems equipment replacement or repairs as needed to reduce risk. Specific attention will be given to high-risk systems such as:

Potable Water Systems, Cooling Towers, Reverse Osmosis Systems, Humidification, C- Pap, Water Softeners and infrequently used areas of the facility.

• Recommendations of any needed changes to protocol to ensure compliance and safety.

• Where prevention of Legionella or other pathogens is not reasonably practical, provide assistance with engineering measures to reduce risk e.g., drift eliminators.

• Other measures to reduce the risk e.g.: water treatment.

DELIVERABLE:

• Provide a Risk Assessment Report in both hard copy and pdf formats. Submit three separate hard copies shall be either 3-ring binders or comb binding.

SUPERVISION: The contractor shall provide competent supervision at all times when the work is in progress.

PERIOD OF PERFORMANCE: The contractor will have 90 days to complete this project.

APPLICABLE PUBLICATIONS, LAWS, AND REGULATIONS: All work accomplished under this contract shall conform to the requirements of all applicable Federal, Tribal, State, and Local regulations pertaining to environmental protection, occupational safety and health, and means and methods of work performance.

SUBMITTALS REQUIRED PRIOR TO BID OPENING: The Contractor shall acquire the following:

1. Vendor must possess a valid business license to perform services on the Turtle Mountain Reservation (e.g., TERO). Please contact TM Tribe’s TERO Office at 701 477- 2600 – ask for Sherry Baker.

BASIS OF PAYMENT: Payment shall be made after the completion of work; after satisfactory delivery of the final report.

SPECIALIZED EXPERIENCE: The contractor shall have a minimum of 10 years of experience developing Water Management Plans the comply with Center for Medicaid & Medicare Services (CMS). Submittal on experience shall be provide upon request. The contractor shall be proficient with understanding and complying with the Centers for Disease Control & Prevention (CDC) guidelines for the Prevention and Control legionella and with the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) Standard 188.

Clauses Provisions incorporated by Reference (Firm Fixed Price Non-Personal Service Clauses)

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 provisions 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):

http://arnet.gov/far/index.html

52.252-2 Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://arnet.gov/far/index.html

52.202-1 Definitions.

52.203-3 Gratuities.

52.203-5 Covenant Against Contingent Fees.

52.203-6 Restrictions on Subcontractor Sales to the Government.

52.203-6 Alternate I

52.203-7 Anti-Kickback Procedures.

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights.

52.204-6 Unique Entity Identifier.

52.204-7 System for Award Management.

52.204-9 Personal Identity Verification of Contractor Personnel.

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts.

52.204-19 Incorporation by Reference of Representations and Certifications.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming

Arrangements or Joint Ventures (Multiple-Award Contracts).

52.210-1 Market Research.

52.211-6 Brand Name or Equal.

52.215-5 Facsimile Proposals.

Date

20-Jun

Apr-84

14-May

20-Jun

21-Nov

20-Jun

. 14-May

14-May

7-Sep

20-Jun

20-Jun

16-Oct

18-Oct

11-Jan

16-Oct

14-Dec

21-Nov

21-Nov

22-Dec

21-Nov

Aug-99

Oct-97

{Firm Fixed Price Non-Personal Service Clauses)

52.216-8 Fixed Fee.

52.216-20 Definite Quantity.

52.216-27 Single or Multiple Awards.

52.217-2 Cancellation Under Multi-year Contracts.

52.217-8 Option to Extend Services.

52.217-9 Option to Extend he Term of the Contract

52.219-6 Notice of Total Small Business Set-Aside.

52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns.

52.219-31 Notice of Small Business Reserve.

52.222-41 Service Contract Labor Standards.

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

{Multiple Year and Option Contracts).

52.222-50 Combating Trafficking in Persons.

52.222-50_Alternate I

52.223-6 Drug-Free Workplace.

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

52.224-1 Privacy Act Notification.

52.224-2 Privacy Act.

52.224-71 Confidential Information

52.225-13 Restrictions on Certain Foreign Purchases.

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions

Relating to lrana€"Representation and Certifications.

52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises.

52.232-1 Payments.

52.232-25 Prompt Payment.

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

52.232-39 Unenforceability of Unauthorized Obligations.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

52.233-1 Disputes.

52.233-3 Protest after Award.

52.233-3 Alternate I

52.237-1 Site Visit.

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

52.237-3 Continuity of Services.

52.237-4 Payment by Government to Contractor.

52.237-7 Indemnification and Medical Liability Insurance.

52.237-8 Restriction on Severance Payments to Foreign Nationals.

52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals.

52.242-15 Stop-Work Order.

52.243-1 Changes-Fixed-Price.

52.244-6 Subcontracts for Commercial Products and Commercial Services.

52.249-2 Termination for Convenience of the Government {Fixed-Price).

52.249-8 Default {Fixed-Price Supply and Service).

52.253-1 Computer Generated Forms.

11-Jun

Oct-95

Oct-95

Oct-97

Nov-99

23-Mar

20-Nov

22-Oct

20-Mar

18-Aug

18-Aug

21-Nov

15-Mar

1-May

20-Jun

Apr-84

Apr-84

21-Feb

20-Jun

Jun-00

Apr-84

17-Jan

18-Oct

13-Jun

23-Mar

14-May

Aug-96

Jun-85

Apr-84

Apr-84

Jan-91

Apr-84

Jan-97

3-Aug

22-Dec

Aug-89

Aug-87

23-Mar

12-Apr

Apr-84

Jan-91

DEC 15

(Firm Fixed Price Non-Personal Service Clauses)

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses in Full Text

FAR CITATION/ Clause Title

52.204-21 Basic Safeguarding of covered contractor Information

52.212-3 Offeror representation and Certification Commerical Products and Commercial

Services

52.212-5 Contract terms and conditions Required to implment Statutes or Executive orders -commerial items

52.216-18 Ordering

52.216-19 Order Limitations

52.216-22 Indefinite Quantity

52.217-9 Option to Extend the Term of the contract

52.232-19 Availability of funds for the next fiscal year

52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal contractors

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

As prescribed in 4.1903 , insert the following clause:

BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (Nov 2021)

(a) Definitions. As used in this clause-

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits

Federal contract infonnation.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Date

Nov-21

22-Dec

22-Dec

Aug-20

Oct-95

Oct-95

Mar-00

Apr-84

Oct-21

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or fonn, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National

Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of infonnation ( 44 U .S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(I) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor infonnation systems shall include, at a minimum, the following security controls:

(i) Limit infom1ation system access to authorized users, processes acting on behalf of authorized users, or devices (including other info1mation systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible infonnation systems.

(v) Identify info1mation system users, processes acting on behalf of users, or devices.

(vi) Authenticate ( or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy infonnation system media containing Federal Contract Inforn1ation before disposal or release for reuse.

(viii) Limit physical access to organizational infonnation systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct infonnation and inforn1ation system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational infonnation systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perfonn periodic scans of the infonnation system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

( c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph ( c ), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC

-----.......................... ·-----······························-----?..922) ······················

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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 off er himself voluntarily; or

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place ofreassembly is not the place of manufacture.

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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 tern1 is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(!) 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-

( I) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically

(i) To restrict the free flow of unbiased infonnation in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include infonnation or informational materials the expmi 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. l 702(b)(3)).

Service-disabled veteran-owned small business concern-

( 1) Means a small business conccm-

(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 pennanent and severe disability, the spouse or pennanent 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-

( 1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent withl3 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 atl 3 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 conh·olled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (l)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned

( 1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

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

(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 least5 l percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations arc 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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 infonnation, 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 Products and Commercial Services, 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 is for supplies to be delivered or services to be perfonned in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(l)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that-

(i) Ito is, o is not a small business concern; or

(ii) It o is, o is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13

CFR 125.S(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:_.]

(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 o is, o 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-

(i) Ito is, o is not a service-disabled veteran-owned small business concern; or

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125. l 8(b )(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture:_.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

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

( 6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, o is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: _.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it□ is,□ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[ The offeror shall enter the name and unique entity identifier of each party to the joint venture: _.]

(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)(l) 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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during perfonnance of a HUBZone contract (see 13 CFR 126.200(e)(l)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c).

[ The offeror shall enter the name and unique entity identifier of each party to the joint venture:_.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Orderl 1246-

( 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) Affinnative 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, 0MB 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 ofreasonable 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)

(i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical 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]

(3) Domestic end products containing a critical component:

Line Item No.

[List as necessary]

(4) 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)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(l )(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(l)(iv) of this provision contains a critical component.

(B) The tenns "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the shelf ( COTS) item," "critical 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:

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products ( other than those listed in paragraph (g)(l )(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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

Other Foreign End Products:

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see

FAR 25.105).

Line Item No.

[List as necessary]

( v) 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 II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(l)(ii) for paragraph (g)(l)(ii) of the basic provision:

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

Israeli End Products:

[List as necessary]

(3) 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)( l )(ii) for paragraph (g)(l )(ii) of the basic prov1s10n:

(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:

[List as necessary]

(4) 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:

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers ofU.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 ofU.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 debannent, 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 perfonning a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

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

( 4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

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

(A) The tax liability is finally detem1ined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

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

(ii) Examples.

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

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and…