RFQ Chiller 120907 v 3.docx

EMBASSY OF THE UNITED STATES OF AMERICA

Dear Prospective Offeror/Quoter:

The U.S. Embassy Suva, Fiji, has a requirement for a contractor to provide preventative maintenance for the Embassy chillers. You are invited to submit a quotation. The Request for Quotations (RFQ) consists of the following sections:

1. Standard Form SF-18

2. General Requirements and Statement of Work

3. Late quotation rules and evaluation method (included in Provisions and Clauses attached to Statement of Work)

The Embassy plans to award a purchase order. You are encouraged to make your quotation competitive. You are also cautioned against any collusion with other potential offerors with regard to price quotations to be submitted. The RFQ does not commit the American Embassy to make any award. The Embassy may cancel this RFQ or any part of it.

Please read the RFQ carefully, and if you are interested, submit your quotation. Return the completed SF-18 to the address shown in Block 5a of the SF-18 by September 17th 2012 no later than 1pm local time in Suva, Fiji. Please include a detailed cost estimate with your submission, along with an estimated timeframe for delivery of services. Contract will be awarded on a firm fixed-price basis. All quotations must be submitted in US Dollars [USD] by the time and date specified above. Late submissions will not be accepted. Oral quotations will not be accepted.

Sincerely,

Enclosure:

As Stated.

SMALL PURCHASE SET-ASIDE (52.219-4)

PAGE

OF

PAGES

1. REQUEST NO.

SFJ60012Q0009

2. DATE ISSUED

09/07/12

3. REQUISITION/PURCHASE REQUEST NO.

5A. ISSUED BY General Services Office, American Embassy, 158 Princes Road, Suva

6. DELIVER BY (Date) 09/24/12

158 Princes Road Suva

NAME

Robert Russell

TELEPHONE NUMBER

AREA CODE

NUMBER

679 3314466

American Embassy

158 Princes Road

Suva

d. STATE

e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5A ON OR BEFORE

09/17/12 at 1pm IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter

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

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

See attached

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

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

15 DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS

16. SIGNER

b. TELEPHONE

NUMBER

STANDARD FORM 18

RFQ SFJ60012Q0009

GENERAL REQUIREMENTS:

The Contractor under this Statement of Work (SOW) will be responsible for labor and materials required to carry out all preventive maintenance as outlined in this SOW.

STATEMENT OF WORK

York Air Cooled Screw Chillers Preventive Maintenance Service Contract U.S. Embassy, Suva, Fiji

1.0 DESCRIPTION

The American Embassy in Suva, Fiji, requires services to maintain 2 air-cooled chillers, model number YCIV, in safe, reliable and efficient operating condition. The contract type is a firm fixed price contract for routine maintenance services paid at the scheduled rates. These rates include all costs associated with providing 2 air-cooled screw chiller s model number YCIV maintenance services in accordance with manufacturer’s warranty, including materials, labor insurance, overhead, profit and VAT.

2.0 PRICING

2.1 Base Year - The Contractor shall provide the services shown below (please see Section 6 for Work Requirements and Section 6.9 for detailed Summary of Services) for the base period of the contract, starting on the date stated in the Notice to proceed and continuing for a period of 12 months.

Year Total Price for Base Year

Base ________________________

2.2 Option Year 1-The Contractor shall provide the services shown below for Option Year 1, starting one year after the date stated in the Notice to Proceed and continuing for a period of 12 months (Note: Please see Section 6 for Work Requirements and Section 6.9 for detailed Summary of Services. For purposes of this Statement of Work (SOW), services provided for this option year and all subsequent option years shall be exactly the same as the services provided for the Base Year unless subsequently modified by mutual consent of all parties under a separate agreement.)

Year Total Price for Option Year 1

1 ___________________________

2.3 Option Year 2-The Contractor shall provide the services shown below for Option Year 2, starting two years after the date stated in the Notice to Proceed and continuing for a period of 12 months.

Year Total Price for Option Year 2

2 ____________________________

Grand Total of Base Year plus Option Years (add base year price plus price for all option years):

The American Embassy in Suva requires the Contractor to maintain the Chancery Chillers in safe, reliable and efficient operating condition. The Contractor shall provide all necessary managerial, administrative and labor personnel, and as well as all necessary transportation, equipment, tools, supplies and materials required to perform inspection and maintenance of the above-mentioned equipment in accordance with the manufacturer's specifications. Under this contract the Contractor shall provide:

· Required preventive maintenance to the Chancery Chillers and to inspect equipment operation.

4.0 HOURS OF PERFORMANCE

The Contractor shall schedule all routine maintenance work during normal building hours which are defined as 8:00 to 17:30, Monday to Thursday and 8:00 to 15:00 on Friday, excluding local and USA holidays, unless approved in advance by the Contracting Officer's Representative (COR).

5.0 ACCESS TO GOVERNMENT BUILDINGS AND STANDARDS OF CONDUCT

5.1 Contractor employees shall have access to the Chancery Chillers with security escorts, only with specific permission by U.S. Embassy Suva RSO.

5.2 Personnel Security. The Government reserves the right to deny access to U.S owned facilities to any individual. The Contractor shall provide the names and IDs of all Contractor personnel who shall be used on this contract prior to their utilization.

5.3 STANDARDS OF CONDUCT:

5.3.1 General. The Contractor shall maintain satisfactory standards of employee competency conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary actions with respect to employees as may be necessary. Each Contractor employee shall adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.

5.3.2 Uniforms and Personal Equipment. The Contractor's employees shall wear clean, neat and complete uniforms when on duty.

5.3.3 Neglect of duties shall not be tolerated. This includes sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

5.3.4 The Contractor shall not condone disorderly conduct, use of abusive or offensive language, quarreling, and intimidation by words, actions, or fighting. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.

5.3.5 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances which produce similar effects.

5.3.6 Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These circumstances include but are not limited to the following actions: falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records; unauthorized use of Government property, theft, vandalism, or immoral conduct; unethical or improper use of official authority or credentials; security violations; organizing or participating in gambling in any form; and misuse of weapons.

5.3.7 Key Control. The Contractor’s designated security escort (Escort by the Embassy), approved by American Embassy Authorities, shall receive, secure and account for any keys issued for access to buildings, offices, equipment, gates, or other areas, for the purposes of this contract. Keys shall not be duplicated.

6.0 WORK REQUIREMENTS

6.1 General. The Contractor shall provide full service to meet routine maintenance requirements. The Contractor shall maintain two air-cooled screw chillers, controllers and all associated equipment and components in a safe and efficient operating condition at all times.

6.2 Incidental Repairs: Any individual unit or incident of repair is not covered by this contract. Such repairs will normally be accomplished by separate purchase order or contract. This exclusion does not apply if the repair is to correct damage caused by Contractor negligence.

6.3 The assigned Contracting Officer and Contracting Officer's Representative are the sole points of contact for all technical and contractual discussions or issues regarding the scope of work (SOW) and its intent and execution. The contractor shall take no direction verbal or otherwise from USG personnel other than the Contracting Officer or Contract Officer's Representative.

6.4 The Contractor shall schedule, coordinate and arrange all work so as to cause the least interference with the normal occurrence of post operations. In those cases where some interference is unavoidable, the Contractor shall make every effort to minimize the impact of the interference and its effects on the occupants or users. All detailed work schedules required by this statement of work shall be electronically documented and updated weekly and made available to the Contracting Officer's Representative (COR) upon request, oral or written. If the COR determines that the Contractor’s schedule conflicts with critical post operations, the Contractor shall modify the schedule as required.

6.5 All work shall be performed by a York/Johnson Controls factory trained technician(s). The York/Johnson Controls factory trained technician(s) must have at least 5 years of experience of similar work.

6.6 The contractor shall confirm in writing their preparedness to meet each of the requirements of this SOW, to include but not limited to the following: specific cut sheets of all equipment, MSDS Sheets, tool list, safety procedures and practices. This submission shall include a resume of the technician(s).

6.7 The York/Johnson Controls factory trained technician(s) specialist shall identify to the Facility Manager any defective parts or equipment in the York Chillers that require replacement. These will be procured at US Government expense.

6.8 The Chiller service shall be performed at the following address:

6.9 Summary of Services

YORK INTERNATIONAL, Air-cooled rotary screw chiller (R-134A) YCIV-0600-SE-A50, 2 units

To maintain the chillers, in accordance with the manufacturer's specifications, the Contractor shall perform at a minimum, all of the following services and any other manufacture’s recommendations:

6.9.1 MAINTENANCE TASK DESCRIPTION FOR COMPREHENSIVE ANNUAL INSPECTION:

Visual Inspection of Chillers:

1. Inspect and report conditions of any unusual noises, vibration, odor, etc.

2. Inspect and report conditions of any structural elements for corrosion and damage.

3. Inspect and report conditions of mounting points and tighten if necessary.

4. Inspect and report conditions of guards, doors, and panels.

5. Inspect and report conditions of any leaks in piping, flange connections, etc.

6. Inspect and report conditions of the chiller insulation.

7. Inspect and report conditions of chiller valves.

Unit Control Panel:

1. Clean, inspect and report condition of the control cabinet’s cleanliness, moisture, oil, door gasket for sealing integrity, etc.

2. Inspect (replace if needed) the wires for security and damage.

3. Inspect (replace if needed) connections for tightness and corrosion.

4. Inspect and report conditions of any obvious errors on installed pressure and temperature gauges.

5. Verify operation of alarm devices and indications.

6. Verify operation of start, stop and anti-recycle timers.

7. Verify operation of low ambient start-up package.

8. Test operation of all safeties and provide the list to the facility manager.

9. Inspect and report conditions of all moisture indicators

10. Verify operation of oil temperature control

11. Verify operation of control reaction (TXV valves hunting?)

Starter and Contactors for Compressors and Fan Motors:

1. Inspect and report conditions of enclosure and components for cleanliness, moisture, oil, etc. (clean if necessary)

2. Inspect (replace if needed) the wires for security and damage.

3. Inspect (replace if needed) connections for tightness and corrosion.

4. Inspect and report conditions of all contracts and look for signs of wear, arcing, overheating, etc.

5. Measure voltage of all L1 & L2, L2 & L3, L1 & L3, and nameplate voltage

6. Megger all motors greater than 5 HP, L1, L2, L3 and nameplate voltage (record findings and present to the facility manager)

7. Measure load amperage L1, L2, L3 and nameplate amperage(record findings and present to the facility manager)

8. Inspect (replace if needed) crankcase heater terminals and tighten if necessary.

Compressor:

1. Record suction pressure on all circuits and present to the facility manager

2. Record discharge on all circuits and present to the facility manager

3. Record superheat on all circuits and present to the facility manager

4. Record oil level on all circuits and present to the facility manager

5. Test and record oil for acid on all circuits and present to the facility manager

6. Test and record crankcase heater operation on all circuits and present to the facility manager

7. Test and record unloader operation on all circuits and present to the facility manager

8. Test and record low pressure cutout on all circuits and present to the facility manager

9. Test and record high pressure cutout on all circuits and present to the facility manager

Fan Motors and Mountings:

1. Lube motor, fan and shaft bearings (Be very careful on checking with what the manufacture recommends!)

2. Inspect (replace if needed) belt tension and condition

3. Inspect secureness of blades (propeller type fans)

4. Freedom of rotation, cracks, and alignment

5. Inspect and report conditions of any vibration and noise

6. Inspect and report conditions of fan and motor mountings for security and tighten if necessary.

7. Clean, inspect, and report condition of motor cooling openings

Air Cooled Condenser Coil Cleaning:

1. Protect any controls that can be reached by the spray of water

2. Remove protective coverings

3. Clean coils using water, soft brush, and approved coil cleaning detergent soap

4. Rinse

5. Clean up work area

Refrigerant Sample:

The contractor shall take a refrigerant sample in accordance to EPA recovery guidelines. The sample shall be analyzed to determine the high boiling residue, total acid number, purity, particulates, chlorides, and moisture contents. The results shall be compared to Air Conditioning and Refrigerant Institute (ARI) standards and manufacturer specifications.

OIL ANALYSIS

The contractor shall take oil samples and perform analysis using an emission spectrometer to identify wear and corrosion particles, contaminants, and metallic oil addictives. The results shall be reported in parts per million (ppm). The viscosity test shall be performed in accordance to a Modified ASTM D445 (kinematics method) @ 40 degrees C and given in centistokes (cSt). The water content shall be determined by the Karl Fischer method and given in PPM. The Total Acid Number (TAN) shall be determined by a Modified ASTM D974 for wax free (WF) oils and by a Modified ASTM D664 for metallic anti-wear/detergent (DTE type) oils.

SPECIAL INSTRUCTIONS:

1. Follow site and manufacture’s safety procedures.

2. Schedule outage with operating personnel.

3. Use extreme caution when climbing roof access ladders.

4. Perform applicable lockout/tag out steps of site safety procedures.

5. Record and report equipment damage or deficiencies.

6. Review and follow the manufacturer’s O&M instructions.

7. De-energize, tag, and lock out circuit. Check for secondary sources of voltage. DANGER – CHECK THAT CIRCUITS ARE DEAD BEFORE STARTING WORK

8. Follow safety and environmental procedures for the handling and disposing of refrigerants and compressor oil.

9. Don’t vent refrigerants. Refrigerants must be recovered.

10. Record quantities of refrigerants and compressor oil, added or removed.

11. Record results in the equipment history log.

TOOLS, MATERIALS, AND EQUIPMENT:

1. Mechanic’s tool set. Refrigeration tools.

2. Leak tester.

3. Vacuum pump

4. Fin comb

5. Cleaning materials.

6. Compressor oil.

7. Refrigerant

8. Recovery cylinders

9. Personnel protective equipment (PPE) for handling refrigerants.

NOTE:

THESE MAINTENANCE CHECKS MUST BE PERFORMED AT THE SPECIFIED TIME INTERVAL BY AN INDUSTRYAND YORK CERTIFIED TECHNICIAN WHO HAS BEEN TRAINED AND LICENSED BY ACCREDITED AND RECOGNIZABLE INSTITUTION TO WORK ON THIS TYPE OF AIR CONDITIONING EQUIPMENT WITH AT LEAST 5 YEARS EXPERIENCE.

A RECORD OF THIS PROCEDURE BEING SUCCESSFULLY CARRIED OUT MUST BE MAINTAINED ON FILE BY THE EQUIPMENT OWNER SHOULD PROOF OF ADEQUATE MAINTENANCE BE REQUIRED AT A LATER DATE FOR WARRANTY VALIDATION PURPOSES.

NOTE:

RCM PROCEDURE CM-0002 (QUALITATIVE INFRARED TESTING) IS TO BE COMPLETED IN CONJUNCTION WITH THIS MAINTENANCE CHECKLIST. REFER TO OBO RELIABILITY CENTERED MAINTENANCE MANUAL TABLE K-9.

6.10 PERSONNEL, TOOLS, MATERIALS AND SUPPLIES

The Contractor shall provide trained manpower with the appropriate tools and testing equipment for scheduled routine maintenance, safety inspection, and safety testing as required by this contract. The Contractor shall provide all of the necessary materials, and supplies to maintain, service, inspect and test the equipment as required by this contract.

· Incidental Repairs: Minor repair service labor provided during inspection visit is covered by this contract. Any individual unit or incident of repair is not covered by this contract. Such repairs will normally be accomplished by separate purchase order or contract. This exclusion does not apply if the repair is to correct damage caused by Contractor negligence.

7.0 INSURANCE

7.1 Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to negligence of the Contractor’s personnel in the performance of this contract.

The Contractor’s assumption of absolute liability is independent of any insurance policies.

7.1.1 Insurance. The Contractor, at its own expense, shall provide and maintain during the entire period of performance of this contract, whatever insurance is legally necessary.

8.0 PERMITS

The Contractor shall maintain full force and affect all permits, licenses, and appointments required for the prosecution of work under this contract with no additional cost to the Government. The Contractor shall obtain these permits, licenses, and appointments in compliance with host country laws.

9.0 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

The Contractor shall physically inventory all Government furnished property in its possession. Physical inventories consist of sighting, tagging or marking, describing, recording, reporting, and reconciling the property with written records. The Contractor shall conduct these physical inventories annually during the contract and at the completion or termination of the contract, as directed by the COR. Unless approved in advance by the Contracting Officer, personnel other than those who maintain the property records or who have custody of the property shall conduct the inventory.

10.0 SECURITY CLEARANCES

10.1 All work under this contractor will be performed in non-CAA areas, and can be performed by un-cleared American or local workers, but must be escorted by the embassy’s American escort. The Contractor shall work closely with the COR, the Post Facility Manager (FM) or the General Services Officer (GSO). No security clearance is needed.

11.0 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP).

11.1 Plan. This plan is designed to provide an effective surveillance method to promote effective Contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.

11.2 Surveillance. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

11.3 Procedures

11.3.1 If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

11.3.2 The COR will complete appropriate documentation to record the complaint.

11.3.3 If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

11.3.4 If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if the defect can be corrected, and if additional time is available. The COR shall determine whether the defect can be corrected and how much time is reasonable.

11.3.5 The COR shall, at a minimum, orally notify the Contractor of any valid complaints.

11.3.6 Repeat valid customer complaints without applicable corrective action on the part of the contractor are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

12.0 NOTICE TO PROCEED

12.1 After contract award and submission of acceptable insurance certificates and copies of all applicable licenses and permits, the Contracting Officer will issue a Notice to Proceed.

12.2 The Notice to Proceed will establish a date on which performance shall start.

13.0 SITE RESTORATION

13.1 The York/Johnson Controls factory trained technician(s) specialist shall ensure that all facilities receiving this work shall be left in a condition acceptable to the Facility Manager at post, upon completion of the work.

14.0 SAFETY

14.1 Safety is the highest priority on this project. The York/Johnson Controls factory trained technician(s) specialist shall bring any safety concerns immediately to the attention of the Facility Manager.

15.0 TRAVEL AND PER DIEM

15.1 The contractor shall comply with Department of State rules and guidelines prior to incurring any costs. Costs incurred in violation of established travel rules and guidelines of the Department of State shall not be paid. Required passport and visa are a responsibility of the contractor.

16.0 HOST COUNTRY VISA AND ENTRY REQUIREMENTS

16.1 To enter Fiji, you will need a passport valid for at least three months after your scheduled departure date from Fiji.

You will also need proof that you have enough money to travel and that you have an onward or return ticket.

You do not need a visa if you are staying less than four months.

16.2 Travelers arriving in Nadi and transferring to Suva should be aware that they will fly in a small airplane. The airplanes for this route vary daily, so it is impossible to pre-select the exact type of plane. On some flights travelers and their luggage will be weighed and the transport of large pieces of luggage may be deferred to a later flight. The preferred mode of travel from Suva Nasori Airport to your hotel will be by taxi.

16.3 When making hotel reservations, embassy travel will assist in making hotel reservations. The contractor shall coordinate all special transport requests and requirements with the COR.

17.0 SHIPPING AND CUSTOMS

17.1 All costs for shipping and customs will be paid by the contractor. The contractor will follow all 14 FAM Guidelines for shipping to Fiji.

17.2 The contractor will be required to use the Dispatch Agencies to ship all tools, refrigerant, materials, and parts.

17.3 US Embassy Suva’s customs and shipping clerk contact information is as following:

· Mr. Jason Verma, Phone 679-331-4466 X.8117, Email: vermajs@state.gov

A. Others

1. Contractor must submit to the Contracting Officer’s Representative (COR) for review, work sheet/ checklist that will be used for performing maintenance service.

2. COR must immediately be made aware of any condition discovered that could result in equipment failure.

3. Checklist and inspection report must be submitted to the COR within three days of completing the work.

4. Chemical analysis and other reports should be submitted to the COR within 7 calendar days.

Please return SF 18, form on page 1 (2 copies) signed and dated no later than 09/17/12, 1:00 PM. Late submissions will not be accepted. Award will be made on lowest price technically accepted basis.

Submit any questions in writing.

RFQ SFJ60012Q0009

PROVISIONS AND CLAUSES

FAR 52.2522 Clauses Incorporated By Reference (FEB 1998)

This purchase order or BPA incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

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

DOSAR clauses may be accessed at: http://www.statebuy.state.gov

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) CLAUSES

(Alternate I (OCT 2008) of 52.212-4 applies if the order is time-and-materials or labor-hour) Feb 2012

The following clauses/provisions are incorporated by reference:

52.212-1 Instructions to Offerors—Commercial Items 52.212-4 Contract Terms and Conditions – Commercial Items (Alternate I (OCT 2008) of 52.212-4 applies if the order is time-and-materials or labor-hour)

The following provisions are provided in full text:

52.212-2 Evaluation—Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation—Commercial Items (Jan 1999)

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

Price, technical capability of the item offered to meet the Government requirement , past performance Technical and past performance, when combined, are significantly more important than cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision) 52.212-3 Offeror Representations and Certifications—Commercial Items.

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

Offeror Representations and Certifications—Commercial Items (Apr 2012) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

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

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

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

“Inverted domestic corporation”, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

(b)

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

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

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

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

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

(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 o is, o 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 o is, o is not a veteran-owned small business concern.

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

(i) It o is,o 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 o is, o 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 o is, o 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 o is, o 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 o is a women-owned business concern.

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

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

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

(i) It o is, o 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 o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

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

(i) It o has developed and has on file, o 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 o 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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—Supplies, is included in this solicitation.)

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

(2) Foreign End Products:

[List as necessary]

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

(g)(1) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act—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…