RRB16Q0030_Amendment_A001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE

09/13/2016

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

CODE6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

RRB16Q0030

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

09/12/2016

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitaiton/contract subject matter where feasible.)

Amendment A001 is issued to provide the following changes to RFQ RRB16Q0030:

A. Remove clause 52.222-6 in Section IV

B. Change referenced wage determination to the Service Contract Act, WD 15-5017 (Rev.-2). The updated wage determination information is listed in clause RRB.B.05 in Section IV and in Section VII, and is also attached as Attachment A.

C. Update clause 52.212-5 in Section IV to include clauses 52.222-36 and 52.222-55, and to not include clause 52.226-4.

Offerors shall submit one (1) signed copy of this Amendment to proposals@rrb.gov by the due date and time for offers.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Paul T. Ahern

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By

(Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

Document Number: RRB16Q0030 PROCESSED Page 1 of 29

09/13/2016

Table of Contents

Section Description Page Number

I Introduction Overview

II Schedule of Supplies and Services Price Schedule and Contractor Information

III Statement of Work Statement of Work

IV General Terms and Conditions Site Visit RRB.A.01 A. General RRB Provision-1.Technical Direction 52.204-1 Approval of Contract (Dec 1989) RRB.A.03 A. General RRB Provision-3.Billing RRB.B.01 B. Security Provisions-1.Security Information RRB.B.04 Privacy and Security 52.212-3 Offeror Representations and Certifications--Commercial Items (Jul 2016) Remittance Address 52.236-5 Material and Workmanship (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) RRB.A.07 A. General RRB Provision-7.The Role of Government Personnel and Responsibility for Contract Administration 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) RRB.B.05 Wage Determination 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (June 2016)

V Proposal Submission Instructions Submission of Quotations/Proposals

VI Evaluation and Award Evaluation and Award

VII List of Attachments Attachments

Document Number: RRB16Q0030 PROCESSED Page 2 of 29

Section I - Introduction

Overview

A. Agency Information:

The U.S. Railroad Retirement Board (RRB) is an independent federal agency that administers a retirement and survivor benefit pro-gram for railroad employees and their families. The RRB was established by the Railroad Retirement Acts of 1937 and 1974. Its be-nefit program was the forerunner of the more familiar social security system. The Railroad Retirement System is unique inasmuch as it is the only federally administered benefit program covering a single private industry. The RRB also administers the Railroad Unem-ployment Insurance Act which provides unemployment and sickness benefits to railroad employees. The RRB is headquartered in Chicago, Illinois.

B. Purpose:

The RRB is seeking the services of a contractor to furnish and install new network controllers and a new Front End replacement for the RRB's existing Building Automation System (BAS). The RRB has determined that a Front End/Network Controller replacement of the existing Building Automation System (BAS) is required to allow connectivity with Internet Browsers not supporting the JAVA Applets. In addition to allowing browser connectivity, the security model of an updated BAS system allows for greater protection for Internet facing PC’s on the RRB building automation network. See Section III, Statement of Work, for further requirements.

C. Site Visit:

Offerors should visit the building and become familiar with existing conditions. The RRB strongly encourages offerors to make a thorough site investigation before submitting a proposal. Site visits must be completed by Wednesday, September 14, 2016 at 1:00PM CST. To schedule a site visit, please coordinate with the COR, Mr. Scott Rush, to arrange for access by email to scott.rush@rrb.gov or by phone at (312) 751-4566.

Section II - Schedule of Supplies and Services

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

0001 Repair or Alteration of Office Buildings 1.000000 JOB

Period of Performance: 09/28/2016 - 11/07/2016

Description:

Offerors shall provide all labor, material, equipment, permits and fees (if required), and related services including, but not limited to, electrical installation and supervision, for the installation of a new Front End to the RRB's existing Building Automation System which shall include four (4) Honeywell Webs JACEs with Lonworks/BACnet connectivity, one (1) Web Supervisor PC (panel mount) with required licensing, and one (1) Windows 10 PC for the RRB building engineers to access the new BAS Front End. Offerors shall enter above a firm fixed price for the installation services.

0002 EDUCATION/TRAINING OTHER 1.000000 JOB

Period of Performance: 09/28/2016 - 11/07/2016

Description:

Offerors shall train RRB facility engineer staff on the installed new Front End to the RRB's existing BAS system per Section III of this RFQ RRB16Q0028. Offerors shall enter a firm fixed price above to provide the training services.

0003 Repair or Alteration of Office Buildings 1.000000 JOB

Period of Performance: 09/28/2016 - 11/07/2016

Description:

Offerors shall provide a warranty for the services provided, per section III.D of this RFQ RRB16Q0030, to install new network controllers and a new Front End for the RRB's existing BAS system for a minimum of 6 months from the date of acceptance. Offerors shall enter a firm fixed price above for the warranty.

0004 Repair or Alteration of Office Buildings 1.000000 EA

Period of Performance: 09/28/2016 - 11/07/2016

Description:

Per Section III.B.14, if a Variable Air Volume (VAV) controller is found to be inoperative during the integration process of the new Front End of the Building Automation System, the RRB has a number of VAV controllers that the Contractor would be required to program, as an option. RRB resources would install the devices. Offerors shall enter a firm-fixed price above for the option of programming one (1) VAV controller, should a VAV controller be found inoperative.

Document Number: RRB16Q0030 PROCESSED Page 3 of 29

Price Schedule and Contractor Information

A. Offerors shall complete the price schedule above (pricing offer) and sections B. and C. below.

B. Pricing Information In the CLINS above, the offerors shall provide "fully-loaded" firm-fixed pricing in CLINS 0001-0004 above to furnish and install a new Front End for the RRB's existing BAS system, as specified in the Statement of Work (Section III) below. The RRB defines “fully loaded rates” as the price inclusive of direct wage, fringe benefits, all overheads, general and administrative (G&A) costs, profit and fees, and all travel and per diem costs for the contractor’s employee to perform the required services at the RRB headquarters facility, located at 844 N. Rush St., Chicago, IL 60611.

1. Price quotation is valid through _____/______/ 2016. 90 days unless otherwise stated.

C. Contractor Information for Order Administration

1) Order address: _________________________

2) Business size* _________________________

3) Federal Tax ID# _________________________

4) DUNS No. _________________________

5) Remit Address _________________________

6) As applicable:

(a) GSA MAS Contract Number___________

Yes [ ] No [ ] Please attach (or E-Mail) a copy of contract.

Effective dates __________ - ______________.

(b) Open Market _________________

(c) Other _______________________

7) Authorized representatives: Business Technical

Name _______________ _______________ Phone _______________ _______________ Fax # _______________ _______________ E-mail _______________ _______________

8) System for Award Management (SAM) Registration completed:

YES [ ] NO [ ]

Offeror must be registered on SAM (www.sam.gov) to be eligible for award of a contract or order.

* Business size must be properly annotated on SAM Site.

PERIOD OF PERFORMANCE

ITEM START END

0001 09/28/2016 11/07/2016

0002 09/28/2016 11/07/2016

0003 09/28/2016 11/07/2016

0004 09/28/2016 11/07/2016

Section III - Statement of Work

Document Number: RRB16Q0030 PROCESSED Page 4 of 29

Statement of Work

Contractor shall provide all labor, material, equipment, permits and fees (if required), and related services to install a new Front End for the RRB's existing Building Automation System (BAS). The services shall include, but are not limited to, electrical installation, supervision, installation of (4) Honeywell Webs JACEs with Lonworks/BACnet connectivity, (1) Web Supervisor PC (panel mount) with required licensing, and (1) Windows 10 PC for building engineers to access the new BAS Front End. Existing control drawings and network riser diagrams will be provided at the scheduled site visit date and time. Please contact Mr. Scott Rush at scott.rush@rrb.gov or 312-751-4566 to schedule a site visit. Site visits must be completed by Wednesday, September 14, 2016 at

1:00PM CST.

A. The following required services illustrates the method of providing the required BAS Front End replacement and integration into the existing Circon and Honeywell DDC controller networks. The contractor shall submit a detailed project work schedule to the Fa-cility Manager immediately following contract award. Work shall not begin without an approved project schedule.

B. Required Services

1. The contractor shall replace each existing Tridium r2 JACE network controller with a new Honeywell Webs Niagara 4 (N4) JACE controller. See the diagrams provided at the scheduled site visit for JACE locations and DDC controller counts.

2. The contractor shall replace the existing panel mounted Tridium r2 Supervisor PC located in the Basement office with a new panel mounted PC with Honeywell Webs N4 Supervisor software (WEBS – N4 Workbench). All N4 soft-ware, including JACEs to be provided with five (5) year software support licenses (installation services not included) to cover future Niagara releases.

3. The contractor shall provide one (1) Windows 10 PC with browser access to the new BAS Front End for the build-ing engineers. The new PC shall be located in the basement engineering office.

4. The contractor shall reconnect all existing controls residing on the existing Tridium r2 system to the upgraded Hon-eywell N4 system.

5. The contractor shall reuse the existing BAS Lonworks, BACnet and Ethernet infrastructure including all cabling and network switches with the exception of the Basement and 5TH floor Ethernet switches. The contractor shall also replace the existing 8-port Ethernet switches, which do not have the capacity to support the required connections, with 16-port Ethernet switches.

6. The contractor shall reuse all network controller enclosures.

7. The contractor shall ensure that all desktop and mobile BAS graphics reside in the Supervisor Station. Graphics WILL NOT be permitted in the JACE controllers.

8. The desktop graphics shall follow a similar navigation and layout structure as the existing r2 graphics as much as possible. All graphics shall run on HTML5 and shall not require JAVA Applet support. The existing r2 databases and graphic images will be provided.

9. The contractor shall create a new HTML5 mobile graphic interface for the entire BAS. Graphics, alarming and trending are required with the mobile interface.

10. All alarming and trend data shall originate from the JACE controller and shall archive this data to the Webs N4 Su-pervisor Station.

11. The contractor shall provide up to 40 hours of onsite training to the building engineers for the new Front End for the BAS. Training on scheduling, alarming, trending, overriding, set points and routine software maintenance shall be included in the training.

12. The contractor shall provide all database backups for the new N4 BAS Front End/JACE network controllers.

13. All controllers shall be removed during the upgrade and returned to the RRB.

14. The contractor shall provide an updated system single line operation diagram upon completion of services.

15. If a Variable Air Volume (VAV) controller is found to be inoperative during the integration process, the RRB has a number of VAV controllers to install that the contractor would be required to program, as an option. RRB resources would install the devices into the BAS network. Currently, RRB replaces the original Circon controllers with the Hon-eywell Spyder VAV programmable controller (PVL-4022AS). The RRB's BAS VAV program has been written, tested, Document Number: RRB16Q0030 PROCESSED Page 5 of 29 implemented and is available onsite as a template for the contractor to use.

C. Government Provided Resources The Contractor shall identify with their proposal any resources which they require the RRB to provide for the Contractor to complete the services and provide the system required by this solicitation. The RRB currently anticipates providing the following resources in support of this project and procurement:

1. Existing control drawings and network riser diagrams

2. Administrative access to the existing building automated control system

3. Floor Plans (AutoCAD). The contractor is responsible for verification of field conditions

4. VAV controllers as needed

D. Warranty The Contractor shall warrant the work required in this Statement of Work to be in accordance with the Contract Documents and free from faults and defects in materials and workmanship for a minimum of six (6) months from the date of acceptance of the services.

See clause 52.236-5 in Section IV of this RFQ for additional information.

Additional Owner Rights: The warranty shall not deprive the RRB of other rights the RRB may have under other provisions of this RFQ and the resultant contract document and shall be in addition to and run concurrent with other warranties made by the Contractor in response to this solicitation. The contractor shall be responsible to provide, at no additional charge, remediation of any defects re-lated to the installation and programming of the new BAS Front End for a minimum of six (6) months following RRB acceptance of the installed solution.

E. Hours of Contract Performance All work shall be performed during normal business hours, Monday through Friday, 7:00AM –4:30PM, unless otherwise arranged and/or directed with the Contracting Officer (CO) or Contracting Officer’s Representative (COR). If any coring of floors or walls is needed, this work shall be done between the hours of 5:00AM and 6:30 AM Monday thru Friday.

F. Special Instructions/Considerations for Contractors

1. The contractor shall maintain RRB employee access to existing walkways, exits, and other facilities used by occu-pants, to the maximum extent possible, during and after working hours.

2. Work areas immediately adjacent to work area may be occupied. The contractor shall conduct work so that opera-tions of occupied areas are not disrupted.

G. Debris Removal The Contractor shall remove all debris generated in the performance of this contract daily from the work area.

H. Contractor Compliance and Responsibility

1. The contractor's services, including contact with or handling of hazardous materials, disturbance or dismantling of structures containing hazardous materials, and disposal of hazardous materials, shall comply with the applicable re-quirements of 29 CFR Parts 1910 and 1926, and 40 CFR Parts 61, 261, 761 and 763.

2. The Contractor shall assume full responsibility and liability for compliance with all applicable codes, standards, and regulations pertaining to the health and safety of personnel during execution of the work, and shall hold the government harmless for any action on the Contractor’s part, or that of the Contractor’s employees or subcontractors, that result in illness, injury, or death.

3. The Contractor shall provide for appropriate emergency first aid materials and equipment. In addition, the contract-or must provide the following on site: a twenty pound ABC-rated fire extinguisher.

4. Prior to beginning work on this project with the RRB, the Contractor shall supply the RRB with a list of the names of all employees who will be working onsite at the RRB to accomplish this project. When the contractor employees arrive at the RRB they must present a valid photo ID to the RRB security guard on duty.

5. The Contractor shall take all necessary precautions to prevent injury to the public, occupants, or damage to property of others. The public and occupants includes all persons not employed by the Contractor or a subcontractor.

6. Where practical, the work area shall be fenced, barricaded, or otherwise blocked off from the public or occupants to

Document Number: RRB16Q0030 PROCESSED Page 6 of 29 prevent unauthorized entry into the work area.

7. Corridors, aisles, stairways, doors, and exits shall not be obstructed or used in a manner to encroach upon routes of ingress or egress utilized by the public or occupants, or to present an unsafe or unhealthy condition to the public or oc-cupants.

8. The Contractor shall store, position, and use equipment, tools, materials, scraps, and trash in a manner that does not present a hazard to the public or occupants by accidental shiftings, ignition, or other hazardous activity.

I. Environmental Protection The contractor shall comply with applicable federal, state and local noise control laws, ordinances and regulations, including but not limited to 29 CFR 1910.95 and 29 CFR 1926.52.

J. Regulatory Requirements

1. Comply with applicable requirements of the laws, codes, ordinances, and regulations of Federal, State, and local au-thorities having jurisdiction. Obtain necessary approvals from such authorities.

2. Work shall also be designed in accordance with the following:

a. UL 1778.

b. UL 891.

c. UL 60950.

3. Where applicable, the new BAS Front End shall also be installed in accordance with publications from the following organizations and committees:

a. National Fire Protection Association (NFPA).

b. National Electrical Manufacturers Association (NEMA).

c. Occupational Safety and Health Administration (OSHA).

d. ANSI/IEEE 519.

e. ISO 9001.

f. ISO 14001.

K. Installation Schedule The services shall be completed within 45 days of award of an order, estimated to be by September 28th, or no later than November 7, 2016.

The Facility Manager serves as final authority for work inspection/acceptance upon project completion.

Section IV - General Terms and Conditions

Site Visit

A. Offerors electing to provide on-site services are urged to inspect the site where services are to be performed and to satisfy them-selves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. Existing control drawings and network riser diagrams shall also be provided at the scheduled site visit. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

A site visit may be scheduled by contacting Mr. Scott Rush. His contract information is listed below. Site visits must be completed by 9/14/2016 at 1:00PM CST.

Name: Mr. Scott Rush Room No: RPM, 2nd Floor Address: 844 North Rush Street City, State, Zip: Chicago, IL. 60611 Phone No: 312-751-4566 Email: scott.rush@rrb.gov

RRB.A.01 A. General RRB Provision-1.Technical Direction

Performance of the work under this contract shall be subject to the technical direction of the Contracting Officer Representative

Document Number: RRB16Q0030 PROCESSED Page 7 of 29

(COR). The term “technical direction” is defined to comprise the following:

(a) Directions to the contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual statement of work.

(b) Provisions of information to the contractor which assists in the interpretation of drawings, specifications or technical portions of the work description.

(c) Review and, where required by the contract, approve technical reports, drawings, specifications and technical information to be de-livered by the Contractor to the Government under this contract.

(d) Technical directions must be within the general scope of work stated in the contract. The COR does not have the authority to and may not issue any directions which (1) constitutes an assignment of additional work outside the general scope of the contract; (2) con-stitutes a change as defined in the contract article entitled “Changes”; (3) in any manner causes an increase or decrease in the estim-ated cost or the time required for contract performance; or (4) changes any of the expressed terms, conditions, or specifications of the contract.

The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this Section and within his authority under the provisions of this Section. If, in the opinion of the Contractor, any instruction or dir-ection issued by the COR is within one of the categories as defined in (1) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer within five (5) working days after receipt of any such instruction or direction and shall request the Con-tracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in his opinion, the technical direction is within the scope of this Section and does not constitute a change under the Changes article of the contract. The Contractor shall thereupon proceed immediately with the direction given.

52.204-1 Approval of Contract (Dec 1989)

This contract is subject to the written approval of Paul Ahern, Chief of Acquisition Management, and shall not be binding until so ap-proved.

(End of clause)

RRB.A.03 A. General RRB Provision-3.Billing

Contractor shall submit detailed invoices with quantities for work completed and pricing as designated in Section II and indicating ac-tions, dates and deliverables completed.

RRB.B.01 B. Security Provisions-1.Security Information

The RRB is a social insurance agency. Privileged information for railroad employees and dependent beneficiaries is accessible from all mainframe terminals, terminal sessions on desktop PC workstations, and virtual LAN (VLAN)/wide area network (WAN) servers.

Privileged information is also available in paper form, data disks, and data tapes throughout the Chicago headquarters facility and re-mote offices. Access to, and use of, this information is covered under the Privacy Act of 1975 and other U.S. Codes. The provision of the Federal Acquisition Regulation (FAR) section 52.239-1, Privacy or Security Safeguards (Aug 1996), is hereby incorporated by ref-erence.

No copies of railroad employee or beneficiary information can be removed from a RRB site or retained by any member of the con-tractor staff in any transferable media, be that paper or electronic.

With the exception of cellular/digital telephones owned and used by the Contractor staff, no communications line other than those ana-log lines and data links installed and approved by the RRB will be allowed.

RRB.B.04 Privacy and Security

Prior to beginning work on this project with the RRB, the Contractor shall supply the RRB with a list of the names of all employees who will be working onsite at the RRB to accomplish this project. When the contractor employees arrive at the RRB, they must

Document Number: RRB16Q0030 PROCESSED Page 8 of 29 present a valid photo ID to the RRB security guard on duty.

52.212-3 Offeror Representations and Certifications--Commercial Items (Jul 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifica-tion electronically via the System for Award Management (SAM) Website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

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

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

"Forced or indentured child labor" means all work or service--

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction

Document Number: RRB16Q0030 PROCESSED Page 9 of 29 activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned busi-ness, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Small disadvantaged business concern", consistent with 13 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 at 13 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 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Document Number: RRB16Q0030 PROCESSED Page 10 of 29

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor un-der a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same com-pany 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 least 51 percent of the stock of which is owned by one or more women; and

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through ht-tp://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the rep-resentations 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 solicita-tion (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (r) 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 CFR 124.1002.

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

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

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

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

(d) Representations required to implement provisions of Executive Order 11246--

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a

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Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American--Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufac-tured 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 para-graph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy Amer-ican--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, pro-duced, 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 Amer-ican--Free Trade Agreements--Israeli Trade Act":

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

Line Item No. Country of Origin

[List as necessary]

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

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Line Item No. Country of Origin

[List as necessary]

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

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

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by

Document Number: RRB16Q0030 PROCESSED Page 14 of 29 the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products…