SGE50016Q0016A001.pdf

March 11, 2016

Combined Synopsis and Solicitation Solicitation Number SGE50016Q0016A001

The American Consulate General Frankfurt hereby provides the following Combined Synopsis and Solicitation for:

Supply and delivery of seven (7) chillers to the American Embassy Dar-es-salaam, Tanzania. The evaluation of offers will be based on the Lowest-Priced Technically- Acceptable (LPTA) approach. NOTE: This acquisition is subject to the World Trade Organization Government Procurement Agreement (WTO GPA). Except where U.S. or designated country end products are either not received or are insufficient to fulfill the requirement, end products from other than the U.S.A. or a designated country will not be considered (FAR 25.403 (c)(1)).

Synopsis:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is SGE50016Q0016 and is issued as a Request for Quotations (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-87, effective March 7, 2015.

Contract Type: The Government intends to award a single, firm fixed-price contract to the responsible offeror whose offer is evaluated as the lowest-priced and technically acceptable.

The total price shall include all labor, travel expenses (if any), equipment, materials, overhead, profit, insurance, and all other expenses necessary to deliver the required items. No additional sums will be payable on account of any escalations in the cost of materials, equipment, or labor, or because of the Contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in currency exchange rates.

Use of Brand Name: References in the specifications to materials, products or equipment by trade name, make, or catalog number, or to specific processes in Attachment A – Schedule of

AMERICAN CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30 60435 Frankfurt am Main

Germany

Tel: (49) 69 7535 3350 E-mail: MambaKG@state.gov

Current Equipment, shall be regarded as establishing a standard of expected capacity, performance and dimensions and shall not be construed as limiting competition.

Descriptive Literature Required:

Definition: (a) "Descriptive literature" means information (e.g., cuts, illustrations, drawings and original manufacturers' brochures) that is submitted as part of an offer. Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as (1) design;

(2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, or operation. The term includes only information required to determine the technical acceptability of the offered product. It does not include other information such as that used in determining the responsibility of a prospective contractor or for operating or maintaining equipment. (b) Descriptive literature must be (1) identified to show the item(s) of the offer to which it applies and (2) received by the time specified in this solicitation for receipt of offers. (c) Data displaying more than one model or size shall be clearly marked so as to indicate the specific item being offered. (d) Offers which do not present sufficient information to permit complete technical evaluation by the Government may be rejected. It is the bidder’s responsibility to prove that their proposed solution meets or exceeds the requested specifications, subject to any limitations elsewhere in this solicitation.

Offers without descriptive literature for the offered chiller(s) shall be rejected without further discussions.

All or Nothing:

The Government is allowing complete offers for all seven (7) chillers. All chillers shall be from one manufacturer. Offers failing to meet these requirements shall be rejected.

Statement of Work (SoW):

The U.S. Embassy in Dar es Salaam, Tanzania has a requirement to replace seven (7) chillers at the end of their useful life. This is not a Brand Name acquisition; the current chiller equipment schedule (see Attachment A – Schedule of Current Equipment) is provided for reference purposes only. The 7 new chillers to be supplied shall meet the minimum specifications below and all of them shall be of the same manufacture to maintain continuity, consistency, maintenance of spare parts, uniform training, uniform maintenance service, service reliability and energy conservation. Supply, delivery, factory witness testing, factory start-up/commissioning and on-site training for the new chillers shall be included. No construction or installation services are required. The Embassy shall replace the existing units with high efficiency units with the following specifications.

Minimum Specifications for New Chillers:

New equipment shall not exceed the weight of existing equipment (see Attachment A – Schedule of Current Equipment). It is imperative that the new equipment sets on existing beds/bases/platforms that have already been designed and built for the existing equipment. No new bases/beds/platforms will be constructed for the new equipment. New equipment must fit in the existing foot print for each existing piece of equipment. Also, in addition to meeting or exceeding the capacity and performance of the existing equipment (see Attachment A – Schedule of Current Equipment), the following specifications must be fulfilled:

1. Description: Factory-assembled and run-tested air-cooled water chillers complete with base and frame, condenser casing, multiple scroll type compressors with a minimum of two (2) compressor circuits, compressor motors and motor controllers, brazed plate heat exchanger type evaporator, condenser coils, condenser fans and motors, electrical power, stand-alone microprocessor based controls, and accessories.

2. Site Conditions: Chiller shall be suitable for altitude and climate conditions in Dar es Salaam without affecting performance indicated. Adjust affected chiller components to account for site altitude and climate conditions and must be manufactured to be able to withstand the harsh, hot, humid, salt air environment in seaside city Dar es Salaam, Tanzania.

3. Efficiency: Chiller Full-Load Efficiency and Part-Load Efficiency (NPLV) shall meet or exceed those required by current edition of ASHRAE 90.1.

4. Chiller capacities shall be selected for the following temperatures:

i. Outdoor ambient (summer): 35 deg C

ii. Entering water: 12 deg C

iii. Leaving water: 7 deg C

5. Seismic Performance: Scroll water chillers shall withstand the effects of earthquake motions determined according to ASCE/SEI 7.

6. Noise Rating: Provide sound power level measured according to ARI 370. Noise levels at site boundary of facility shall comply with host country’s noise laws and regulations.

When local standards do not exist, noise shall not exceed 55 dB (daytime) and 45 dB (nighttime) using “A- Weighted Sound Level.” Include sound reduction package with acoustic enclosure around compressors and reduced speed fans with acoustic treatment.

7. Corrosion Resistance: Coat coils after fabrication with corrosion resistant flexible baked phenolic or epoxy polymer coating suitable for proximity to marine environment. Coating process shall ensure complete coil encapsulation, including all exposed fin edges, without material bridging between fins.

8. Insulation: All cold parts on chiller equipment shall be insulated with 19mm thick thermal insulation minimum.

9. Power supply: Unit voltage shall be 400 V/50 Hz/3Ph

10. Refrigerant: All chillers must use same refrigerant type. Units shall use a refrigerant that is ozone friendly, with no current expiration date. Ship chillers from the factory fully charged with refrigerant and filled with oil.

11. Quality Assurance: Chillers shall be designed, tested, rated and certified in accordance with applicable sections of the following Standards and Codes:

i. AHRI Certification: Certify chillers according to AHRI 550/590 certification program.

ii. ASME Compliance: Fabricate and stamp water chiller heat exchangers to comply with ASME Boiler and Pressure Vessel Code.

iii. ARI 370: Sound Rating of Large Outdoor Refrigerating and Air Conditioning Equipment

iv. ASHRAE 34: Number Designation and Safety Classification of Refrigerants

v. ANSI/ASHRAE Standard 15: Safety Code for Mechanical Refrigeration

vi. NFPA 70, National Electrical Code

12. Warranty: Manufacturer shall warrant all equipment and material of its manufacture against defects in workmanship and material for a period of eighteen (18) months from date of shipment or twelve (12) months from date of start-up, whichever occurs first.

Provide extended five (5) year warranty on compressors.

13. Dimensions: Equipment footprint shall be equal or smaller in dimension than existing units (see Attachment A - Schedule of Current Equipment) and suitable for mounting on existing concrete slab (except Chancery units which have steel frames) with no modifications required.

14. Factory Testing: Factory test assembled water chillers before shipping, according to a written protocol. Provide test report indicating instrumentation, test conditions, acceptable limits for test results, and results. Facilitate witness by OBO/CFSM/FAC/PS representative of source quality-control tests, with notification of testing date and location minimum of 14 days in advance. Provide written protocol to be used for testing at notification.

15. Factory Start-Up/Commissioning: Engage a technician, factory-trained on equipment being installed, to inspect field-assembled components and equipment installation, including piping and electrical connections, and to perform start-up service. Installation phasing will require two (2) site visits for start-up.

16. On-site training: Engage a technician, factory-trained on equipment being installed, to demonstrate and train Government's maintenance personnel to adjust, operate, and maintain water chillers. Provide minimum of one 40-hour training session, to accommodate personnel identified by Project Director/COR based on input from Post’s Facility Manager. Review data in and provide copies of maintenance manuals.

17. Accessories: All units shall be equipped with vibration isolators, hail guards, electronic expansion valve, low sound fans, control transformer, single point non-fused disconnect switch.

18. Packaged Refrigerant Recovery Unit: Provide packaged portable unit consisting of compressor, air-cooled condenser, recovery system, tank pressure gages, filter-dryer, and valving that allows for switching between liquid and vapor recovery mode.

Refrigerant recovery unit shall be factory mounted on an ASME- constructed and -stamped refrigerant storage vessel that is sized to hold the full refrigerant charge of the largest water chiller.

19. Serviceability: New chiller units must be of a brand which local maintenance and services providers are available and replacement parts are readily available. High quality OEM original parts must be readily available and can be easily available to location (US

Embassy Dar es Salaam, Tanzania) within one weeks’ time and that counterfeit parts will not be allowed or accepted.

Delivery: Delivery shall be made as soon as possible but not later than ninety (90) calendar days from the date of contract award.

Shipping destination: Dar es Salaam Port is the destination for basic pricing.

Submit pricing option for door-to-door delivery to the site located at:

o 686 Old Bagamoyo Road Msasani, Kinondoni District Dar es Salaam, Tanzania

Additional Requirements:

Provide ten (10) feet of new 3” water piping, inclusive of elbows, flanges and insulation for all chillers.

For Marine House and Warehouse units only: Provide dual pump, expansion tank, and buffer tank for corresponding chiller.

APPLICABLE CLAUSES AND PROVISIONS

The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items – to be completed with other certifications and submitted with the offer; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items; the applicable clauses under paragraph (b) are: 52.203-6 (Alternate I), 52.204-10, 52.223-18, 52.225-13, 52.225-5,[U.S. firms: 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37], 52.232-34 and 52.247-34 (52.247-35). The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/.

The following clause(s) and provision(s) are provided in full text:

FAR 52.232-40 - Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable https://www.acquisition.gov/far/ contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

FAR 52.225-17 -- Evaluation of Foreign Currency Offers (Feb 2000) If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using rates in effect (see http://ice.cgfs.state.sbu/) as follows:

(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b) For acquisitions conducted using negotiation procedures--

(1) On the date specified for receipt of offers, if award is based on initial offers;

otherwise

(2) On the date specified for receipt of proposal revisions.

(End of provision)

52.212-2 Evaluation – Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the LPTA offer.

The following factors shall be used to evaluate offers:

1. Price;

2. Technical capability/acceptability;

3. Warranty considerations;

4. Offeror’s Past Performance. If the Government is aware of other relevant past performance by the offeror it may evaluate that information in addition to the information provided by the offeror;

5. Offeror’s acceptance of solicitation terms and conditions, and

6. Serviceability. Availability of local maintenance services and original spare parts or ability to provide the same within one week of Government’s request for maintenance services and/or parts.

(End of provision) http://ice.cgfs.state.sbu/

52.214-34 Submission of Offers in the English Language (Apr 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of Provision)

ADDENDA

Pursuant to FAR 12.302(d), sections (c) and (e) of the provision at FAR 52.212-1, Instruction to Offerors – Commercial Items, are herewith tailored as follows:

1) The period of acceptance of offers is herewith changed to 60 calendar days.

2) While multiple offers are encouraged, each offer shall be a complete submission in a lot of seven (7) chillers, all of which from the same manufacturer.

PREPARATION OF OFFERS

Offerors shall prepare offers, in two (2) separate volumes, as listed below:

The remainder of this page is left intentionally blank.

VOLUME I:

1. Pricing

Offeror shall complete the table below:

CLIN 0001

Sub Item Description Manufacturer &Model Country of Manufacture Quantity Unit Price Extended Total

0001.1 Firm-fixed Price

for a chiller including all labor, travel expenses (if any), equipment, materials, overhead, warranty on equipment and defects in workmanship and materials, profit and insurance.

Sub Item Description Manufacturer &Model Country of Manufacture Quantity Unit Price Extended Total

0001.2 Firm-fixed Price

for a chiller including all labor, travel expenses (if any), equipment, materials, overhead, warranty on equipment and defects in workmanship and materials, profit and insurance.

0001.3 Firm-fixed Price

for a chiller including all labor, travel expenses (if any), equipment, materials, overhead, warranty on equipment and defects in workmanship and materials, profit and insurance.

0001.4 Firm-fixed Price

for a chiller including all labor, travel expenses (if any), equipment, materials, overhead, warranty on equipment and defects in workmanship and materials, profit and insurance.

0001.5 Firm-fixed Price

for a chiller including all labor, travel expenses (if any), equipment, materials, overhead, warranty on equipment and defects in workmanship and materials, profit and insurance.

0001.6 Firm-fixed Price

for a chiller including all labor, travel expenses (if any), equipment, materials, overhead, warranty on equipment and defects in workmanship and materials, profit and insurance.

0001.7 Firm-fixed Price

for a chiller including all labor, travel expenses (if any), equipment, materials, overhead, warranty on equipment and defects in workmanship and materials, profit and insurance.

Total CLIN 0001, excluding Value Added Tax (VAT):

CLIN Description Unit Quantity Unit Price Extended Total

0002 Provide ten (10) feet of new 3” water piping, inclusive of elbows, flanges and insulation for each chiller.

Lot 7

0003 For Marine House and Warehouse units only [i.e. for two (2) chillers]:

Provide dual pump, expansion tank, and buffer tank for corresponding chiller.

Lot 2

0004 5-year warranty on compressors. Year 5

0005 On-site Training Lot 1 0006 Start-up and commissioning, including site visits.

Job 2

0007 Shipping of all seven (7) chillers to Dar-es-salaam Port.

Lot 1

0008 Option:

Shipping of all seven (7) chillers to the U.S. Embassy Dar-es-salaam (door-to-door).

Lot 1

Total CLINs 0002 thru 0008, excluding Value Added Tax (VAT):

SUMMARY OF CONTRACT PRICE (BASIC PRICING – FOB DESTINATION: DAR-ES-SALAAM PORT)

Firm-Fixed Price, CLIN 0001:

Firm-Fixed Price, CLINs 0002 thru 0007:

Value Added Tax (if applicable):

GRAND TOTAL: ________________________

Currency: _____________________________

SUMMARY OF CONTRACT PRICE (OPTION – FOB DESTINATION: U.S.EMBASSY COMPOUND)

Firm-Fixed Price, CLIN 0001:

Firm-Fixed Price, CLINs 0002 thru 0006 and CLIN 0008:

Value Added Tax (if applicable):

GRAND TOTAL: ________________________

Currency: _____________________________

2. Representations and Certifications

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

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 accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of this provision.

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

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

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

http://www.acquisition.gov/

(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.

“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.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“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.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.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 (q) of this provision that the offeror has completed https://www.acquisition.gov/ 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 to be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

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

(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.

(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 to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

(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 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;

(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 lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C.

§362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [_] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that—

(i) The services under the contract are offered and sold regularly to non- Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available…