SATPC0028773 Tab 12 RFQ.pdf

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National Aeronautics and Space Administration

NASA Shared Services Center Stennis Space Center, MS 39529-6000

8/15/2022

SUBJECT: Request for Quotation (RFQ) 80NSSC811270Q, Repair Data Acquisition conditioning systems WSTF's Propulsion Test office 400 area bunker 2

This solicitation includes the following sections:

1. Statement of Work/Bid Schedule – Section 1

2. Instructions to Offerors – Section 2

3. Solicitation Provisions/Representations and Certifications – Section 3

4. Clauses/Terms and Conditions – Section 4

5. Quote Evaluation Criteria – Section 5

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SECTION 1

STATEMENT OF WORK/BID SCHEDULE

This a Brand Name or Equal To requirement.

ENTER SOW/BID SCHEDULE:

Scope of Work 400 area Bunker 2 HVAC

July 21, 2022

Introduction The Propulsion Test Office of the NASA White Sands Test Facilities (WSTF) supports various NASA programs including Fleet Leader testing and qualification testing of reaction control engines and other propulsion components. The data acquisitions and control systems (DACS) is an integral part of the test systems, providing test article controls, data collection, analysis, and archiving. A portion of the DACS hardware is installed in 400 area bunkers. The DACS hardware requires constant thermal conditioning during operation to ensure system reliability and data quality.

The current bunker HVAC units are beyond their normal economic life cycle. Critical spares and replacement components are no longer available. Existing HVAC units utilize R-22 refrigerant that is now illegal to produce and will be illegal to use starting in 2030.

Purpose The purpose of this document is to define the requirements to replace the HVAC unit in WSTF’s Propulsion Test Office’s 400 area bunker 2.

System Overview.

400 area consists of two bunkers. The main access to bunker 2 is through a blast door which 42”x64”. The HVAC unit is located in a separate room, with in bunker 2, that has two access doors WxH.

Chilled air is pushed through a raised floor in to the DACS equipment installed in the bunker. The return ducting is installed in the ceiling. The condenser is located outside. Piping is installed in the concrete to connect the condenser to the reset of the HVAC system located inside the bunker. HVAC control and monitoring is conducted from the controller room located above the bunkers.

Onsite Access The bunkers are located on a federal facility within a hazards test area with restricted access. Access to support pre and post bid activities can/will be arranged. At a minimum all personnel must follow area hazardous warnings, site protocols, and be cleared by security to access the site. Farther guidance will be provided per visit request.

Technical Challenges This project will have three specific issues that will make the change out difficult.

1. The installation and removal shall be scheduled around area operations. Removal and installation efforts most be completed per area with in a two week period.

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2. HVAC is installed in cramped mechanical rooms located in the bunker with limited access.

Getting the old equipment out and the new equipment in will require dissembling the old equipment into small sections and craning the items out. The new units must be modular and able to fit through both the HVAC room and bunker blast doors. Restricted access to the blast door will require a crane to remove and install the HVAC hardware.

3. Were applicable the existing piping, conduit, ductwork, and power maybe reused. Reuse of existing infrastructure must be assets and final written approval obtained by WSTF.

Examples

a. Reusing the existing power and fuses

i. Concerns: MMC fuse ampacity may need to be changed. The new units should be more efficient so ampacity should go down eliminating the need to replace wire and conduit.

b. Reusing the existing lines running through the block house reinforced concrete walls.

i. Concerns: Lines shall be flushed to a level were the refrigerant can be switched from R-22 to 410A (they use different oils that are not compatible) and will hold pressure (410A runs at much higher pressures than R 22).

Requirements

General Procure and install one HVAC unit for the 400 area bunker 2 DACS room capable of maintain an operating temp for the DACS components of 70°F ±20°.

Single fault failures should be minimized where possible. Critical spare parts should be kept on hand where single fault failures can’t not be minimized. Critical parts on each system shall be interchangeable. Critical parts are defined as high dollar items with a long lead time.

Heat Loads Maximum heat load is estimated to be 16.23KW. Nominal heat is estimated to be around 9KW.

CFM

System shall have a capacity of 8000 cfms.

Cooling Capacity System shall have a colling capacity of 10-ton.

Refrigerant Replacements units shall use a sustainable approved refrigerant such as but not limited to 410-A.

HVAC’s system that required the use of R-22 shall not be permitted.

Monitoring and Controls Each system shall have capability to be controlled and monitored locally as well as from the blockhouses.

WSTF

Shall install a computer or vender supplied controller in BH control room for bunker HVAC controls and monitoring. Make all connection to the communication back bone.

Vendor Install vendor supplied software on WSTF computers or vender supplied controller. Provide training to WSTF personnel on the use of the software. If applicable the contract shall include licensing for up to four users.

Software Software shall allow for remote control of the system. Single system log-in will be utilized.

HVAC industry standard protocol such as but not limited to ASHRAE BACnet open protocol shall be utilized.

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The software shall display the following:

• Supply air temperature

• Return air temperature

• Required set temperature

• % of outside air supply

• Display system error messages and warnings

The Software shall control the following:

• Initiation of automated process to maintain the set temperature

• Initiate shutdown (emergency and standard)

Software shall log the following including date/timestamps:

• error messages and alarms

• Limits exceeded

• User inputs o set temperature changes o shutdowns and start-ups

Demolition of existing units and prep for new units:

The overall goal is to have a minimal impact and to carry out the more difficult and complex items first as these items may present problems that require time for recovery. This being the case the replacement of the air handlers and verification of the integrity of the refrigerant lines should be the top priority.

Once a window is found to carry out the replacement the bunker will be shut down for all operations so the swap out can take place. This includes shut down of all DACS controls and other electrical cabinets. All work from system shutdown to startup must be completed with in a two week period.

Bunkers operate independently of each other therefore installation between bunkers can take place at separate times.

WSTF

Carry out LOTO and yellow lock control for the equipment to prevent someone from trying to turn on equipment during the work.

Vendor Recover all R-22 refrigerants from the system in accordance with EPA requirements. WSTF may elect to keep this to keep other R-22 units operational or may not keep the refrigerant in which case the vendor will dispose of or recycle the refrigerant in accordance with EPA requirements. The proper documentation will be generated and supplied in either case.

Cut and temporarily cap the refrigeration lines to prevent contamination at both the AH unit and the condenser. Later, those will be flushed and check for integrity. Cut and remove the condensate drain lines to the floor drain for the AH unit.

WSTF

Disconnect electrical and control wiring for air handler system. After disconnected replace red LOTO install the proper yellow locks and tag. Remove conduit and wire as needed for removal of the AH unit.

Prep area for removal of air handler. This will involve removal of the door for the mechanical room, staging equipment to move gear out of the room and to outside (where it can be craned out). Also, there may be a need to move some equipment cabinets out of the way (if possible) to get equipment out. The route needs to be clear before removal begins.

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Break the existing air handlers up into pieces with a safe fast method. More than likely this will be cutting units apart with Sawzalls. The units are not to be salvaged (with maybe the exception of the fan motor). Cut the units up into sizes that will fit through the personnel door and can be transported outside. With all the sharp edges proper PPE will be required and the pieces need to be wrapped so they do not damage any items or hurt anyone during movement and handling. Clear the Mechanical room as reasonable quick as possible. Maintain existing duct work for connection to the new unit.

Note: The flex connectors on the 400 AH units are suspected to be asbestos. All flex connectors will need to be removed by environmental prior to AH demolition. Environmental will need to do a completed assessment to determine if any other asbestos is present.

Vendor Remove Condenser. Disconnect the electrical feed (verify it is secure LOYO/yellow lock) and control wiring and move out of the way. Remove the condenser from its position and set aside to provide good access to the refrigeration lines.

Test lines for integrity. Cap the lines at both ends (both suction and discharge) with a connection at one end (on each line) for a valve and a pressure gauge. Charge both lines with dry nitrogen up to 500 psi and verify both lines are leak tight. Decay test over 24 hours with compensation for temperature (record starting pressure and temperature and finish pressure and temperature at finish).

If the line indicates leaking stop, remove valve/gauge assembly and cap. Abandon in place. If the lines are leak tight flush lines out to remove all residual R-22 mineral oils. Flushing fluids will need to be approved and a WWIPS generated prior to this step. Prep lines for use for 410 A by flowing dry GN2 through the lines to remove any flush fluids in the lines. Maintain clean. Temporarily cap when done.

Contingency item (added cost over base bid) Vendor would install new line set and WSTF will install bunker wall penetrations.

In the event the refrigeration lines cannot be reused then new refrigeration lines will be needed.

These runs in 400 area will be more difficult and cannot go the same route as the existing lines as they are buried. In the event new lines are needed they will need to be exposed and run over to the pipe rack along the retaining wall then piped down by the blast door at the bunker. It may be easier to move the condenser and rerun electrical instead of leaving the new condenser in the old condenser location. That will need to be determined and decided at the time. We will need to core drill the concrete wall by the door and install sleeve for the refrigeration pipe to run through. WSTF would make any needed wall penetrations into the bunker and the vendor will run all refrigeration lines (including needed supports) from the condenser to the AH unit. If lines are run, they shall be properly sized for the length of the run and the size of the unit. The lines will be type ACR L copper tubing complying with ASTM B280 or ASTM B819. Fittings will be silver soldered. Install p-traps as needed to maintain the refrigeration oils at the condenser unit. After the lines are installed, connected to new equipment and leak checks insulate the lines with sun resistant Armaflex insulation and then wrap with aluminum jacketing to protect the insulation.

Install the new AH unit in the mechanical room (both areas).

WSTF

Will provide a crane and personnel to get material down to the bunker. them to the mechanical room and the vendor will assemble the modules in the mechanical room into the complete functional AH unit and make connections to ducting, refrigeration lines and install the needed condensation drains to existing floor drains.

Will change out the overcurrent protection in the MMC bucket. WSTF will also provide a communication back bone connection for the one board AH unit controls to provide control and monitoring capabilities from the BH control room.

Vendor Sheet metal adapters with flex connectors, as needed, will be fabricated and installed by the vendor.

The vendor will also be responsible electrical connections.

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Final connections to the condenser and the AH unit. Calculate the needed oil and 410A refrigerant charge that will be needed for the system based on the equipment used, length of lines, size of lines and the configuration (height of condenser above AH unit coils. Make two name plates (Phenolic) with the information on the oil charge and the refrigerant charge required and place one on the condenser (at the service valves) and one on the AH unit (at the connection of the lines to the DX coil).

Pneumatically leak check the lines using dry nitrogen. Hold the leak check over time (minimum 4 hours) and check. Calculate variance in pressure due to temperature changes as needed. Also bubble check all sweated and mechanical fittings. Once the system is determined to be leak tight vent the nitrogen and evacuate the system to no less than 300 microns (high vacuum preferred). Once vacuum is pulled stop the vacuum pump and valve off monitoring the vacuum to look for signs of decay.

Service the unit with the proper quantity of refrigeration oil and 410A refrigerant. Run the system with local control to charge the system and verify proper system operation by monitoring the suction/discharge pressures, RA temp, SA temp and overall system operations. The amount of oil and refrigerant used will be documented and provided to WSTF and for EPA reporting purposes.

Condenser considerations The location of the condenser units will depend on the reuse of the existing refrigeration lines. If the existing lines can be used the condenser will be placed in the same location as the old condenser. If the lines can’t be reused then the new lines and condenser shall be relocate to the northeast side of the tech support building near the pipe rack on the retaining wall to keep the new lines as short and easy to route as possible.

If the condenser must be relocated

WSTF

• Shall prep the area and move the condenser into the new location.

• Relocate all power and control wiring to the new location.

Vendor

• Shall install the refrigerant lines

• Make all final connections

Smoke Detection WSTF will also provide circuits, connections, and sensors for return air smoke detection. The smoke detectors will provide an activation signal to the WSTF fire alarm/annunciation system if smoke is detected. This fire alarm connection may occur later.

The vendor shall incorporate and install the WSTF supplied smoke detector in the RA duct work and also have provision in their operational software to turn the AH unit off (specifically the supply fan) in the event smoke is detected. This provision will include connections at the CPU at the air handler to receive the signal from the smoke detector and shut the unit off locally. If this shut down happens the software will alarm and the remote operation terminal in the BH control room.

Documentation Upon completion vendor shall supply all source code, programming, drawings, parts lists, wiring lists, operators manuals, maintenance manuals, etc. for all hardware to WSTF. Any changes after commissioning and during warranty period shall be coordinated with vendor. Changes made after warranty period should still be coordinated with vendor.

Standards Electrical Systems All electrical systems shall comply with the latest NFPA regulations and the current revisions of WSI PROP-0038, "Installation of Electrical Systems in Hazardous Locations” and WM-SAF-0002, “Operational Safety”. The Electrical NFPA Classified Location boundaries are depicted on drawing 459-15180.D for the 400 area systems.

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Environmental and Procurement Standards These units must be procured and installed in accordance with all Federal, State, and local regulations. These units must meet all federal, state and local environmental compliance and energy efficiency requirements.

Additional Standards Work shall comply with applicable standards and codes for Mechanical and Electrical work including but not exclusive to:

1. ASHRAE – American Society for Heating, Refrigeration and Air Conditioning Engineers

2. SMACNA- Sheet Metal and Air Conditioning Contractor’s National Association

3. UMC – Uniform Mechanical Code

4. UPC – Uniform Plumbing Code

5. NEC – National Electrical Code

6. EPA - EPA Stationary Refrigeration and Air Conditioning Regulations

Life Cycle Industry standard off the shelf components with a minimum of 10 year service life must be used.

Energy Compliance Hardware must comply with Federal Energy Management Program (FEMP) for energy efficient products. Energy Star rated components are preferred. Approval by WSTF’s energy management compliance office shall be required before awarding bid.

Warranty Warranty terms and conditions must be clearly documented. At a minimum the Vendor shall provide a 1-year warranty on installation labor and materials. None consumable components such as compressor, condensers, blow motors, etc shall have a minimum of 5 year warranty.

Commissioning The new system shall be commissioned once work is completed. This commissioning will include a complete exercising of the system and verification all sensors, actuators, controls and major components function correctly and as designed.

This will include, but is not limited to, suction/discharge pressures, RA and SA temperatures and expected delta temp, air flow, timing for system, system lockout timing, compressor heater functions, expected ampacity of system components, duct smoke detector operation and unit shut down/alarm, set point verifications (for temperature), software function for monitoring and control, alarm functions and all other check outs needed.

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SECTION 2

INSTRUCTION TO OFFERORS

☒52.212-1 Instructions to Offerors – Commercial Products and Commerical Services. (Nov 2021) Addendum to 52.212-1

Quotes for the item(s) described in the RFQ are due by 8/23/2022 by 4:00 p.m. CT to Lindsey McLellan at lindsey.m.mclellan@nasa.gov in order to be considered for award. If it is in the best interest of the Government, quotes submitted after the due date may be accepted. Quotes shall remain valid for 30 days unless otherwise expressly stated on the quote. Submitted Quotes shall list two points of contacts including name, phone number, and email address.

All contractual and technical questions must be in writing (e-mail) to Lindsey McLellan at lindsey.m.mclellan@nasa.gov no later than 8/22/2022 by 4:00 p.m. CT. Telephone questions shall not be accepted.

The NAICS Code for this procurement is 811310.

This procurement is set aside for small business.

Offeror’s shall be registered at www.sam.gov in order to be considered for award.

Delivery is FOB Destination.

Please note that Provisions 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) and 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) are included in this RFQ. You are required to complete these two provisions and return the RFQ document with your quote. Failure to complete these Provisions will result in the Government being unable to make award to your firm.

SECTION 3

SOLICITATION PROVISION/REPRESENTATIONS AND CERTIFICATIONS

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

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

FAR FAR | Acquisition.GOV NFS NASA FAR Supplement

FEDERAL ACQUISITIONI REGULATION (FAR) PROVISIONS INCORPORATED BY

REFERENCE:

☒52.204-07 System for Award Management (Oct 2018) ☒52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) ☒52.204-17 Ownership or Control of Offeror (Aug 2020) ☒52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

☒52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

☒52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) ☐52.209-02 Prohibition on Contracting with Inverted Domestic Corporations – Representation (Nov

2015) ☒52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Or

Transactions Relating to Iran – Representation and Certifications (Jun 2020) ☒52.223-1 Biobased Product Certification (May 2012)

FAR PROVISISIONS IN FULL TEXT:

ATTENTION: On December 7, 2021, the United States District Court for the Southern District of Georgia Augusta Division (hereinafter “the Court”) ordered a nationwide injunction enjoining the Government from implementing Executive Order 14042 in all covered contracts. As a result, NASA will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/

☒52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors. (DEVIATION 21- 03)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

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(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https://www.saferfederalworkforce.gov/contractors/.

☒52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL Produccts and Commercial Services. (May 2022)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at System for Award Management (sam.gov). If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

“Forced or indentured child labor” means all work or service—

(6) 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

(7) 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, 11 V5.03 JULY 2022 identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

“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

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(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.

“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 the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

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

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

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

(b)

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

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(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through Acquisition Systems | Acquisition.GOV. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications— Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). 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.

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

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

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

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

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

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

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

_____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

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

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

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

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[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

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

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

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or 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:

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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:

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or

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Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

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

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

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

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

Other End Products

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

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

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

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

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

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

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

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

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

(ii) Examples.

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

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the…