Final_RFQ_and_SOW_-_Baldy_Beacon.pdf

crippensm Typewritten Text

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SINLEC15Q0068

United States Department of State (DoS)

Bureau of International Narcotics and Law Enforcement Affairs

(INL)

INL Section, U.S. Embassy Belize

Hybrid Renewable Energy System Baldy Beacon in Cayo, Belize

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SECTION ONE

SUBMISSION OF INFORMATION PERTAINING TO RFQ

INFORMATION TO QUOTERS

Quoters are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information must be clearly marked.

Marking of items shall not necessarily preclude disclosure when Department of State (DoS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents shall be deemed releasable.

QUESTIONS PERTAINING TO THE RFQ

All questions must be submitted in writing. DoS shall accept questions by e-mail. Written questions relating to this RFQ shall be accepted through 12:00 PM (local Washington D.C. time) on Tuesday 05 MAY 2015. Any communications in reference to this RFQ shall cite the reference number and be directed to the following individual:

Point of Contact:

Name: Janette Dull Title: Contract Specialist E-mail: DullJR@state.gov

NOTICE OF RFQ CLOSING DATE AND TIME

All quotes shall be submitted to the designated Government Representative no later than 12:00 PM (local Washington D.C. time) on Tuesday 12 MAY 2015. Quoters shall submit one electronic copy Technical Quote & Cost/Price Quotes which shall not exceed 25 pages, using Times New Roman 12 font. Should the Quoter exceed the 25 page limit, they shall not be considered. This includes Microsoft Word, Excel, and PowerPoint (e.g. as applicable and appropriate). PDF format shall be used only for scanned documents.

QUOTER RELATIONSHIPS

DoS encourage the use of small business sub-Quoters. In addition, the Department requires that any potential Organization Conflict of Interest be identified in the quote to ensure proper firewalls are established prior to award.

MULTIPLE QUOTES/ALTERNATIVE SOLUTIONS

Quoters shall not submit, nor shall the Government accept or evaluate, multiple quotes offering alternative solutions. Quoters shall not submit, nor shall the Government accept or evaluate, multiple solutions within one quote.

PERIOD OF ACCEPTANCE OF QUOTES

Quoters shall agree, if the quote is accepted within ninety (90) calendar days (unless a greater period is inserted by the Quoter) from the date specified in the solicitation for receipt of quotes, to furnish any or mailto:DullJR@state.gov

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

SECTION TWO

STATEMENT OF WORK (SOW)

GENERAL INFORMATION & PROGRAM BACKGROUND

The Bureau of International Narcotics and Law Enforcement Affairs (INL) is an instrumental leader in the development of policies and programs to combat international narcotics and crime. INL programs support two of the Department of States' strategic goals: (1) to reduce the entry of illegal drugs into the United States; and (2) to minimize the impact of international crime on the United States and its citizens.

One of the many ways to effectively meet the listed goals is to partner with allied governments both directly and indirectly to promote the modernization of and support the enforcement operations of their foreign criminal justice systems and law enforcement agencies.

The International Narcotics and Law Enforcement (INL) Office of the U.S. Embassy in Belize is responsible for the administration of projects and funds that come from INL. INL provides training and equipment to members of the Belize Police Department, Coast Guard and Military through the administration of projects funded through the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement (INL) Affairs.

The U.S. Embassy, INL, SOUTHCOM and GoB (Government of Belize) are embarking on a multi-million dollar communications upgrade to improve interoperability and strengthen security and communication capacity for Belize Government Officials. The Baldy Beacon site will support classified & mission critical communications for the police, coast guard and military. To support the installation of the new equipment a hybrid renewable energy system will be constructed at Baldy Beacon where no commercial power is available.

SCOPE

This Statement of Work (SOW) applies to the purchase and installation of a 3.2KW off-grid hybrid renewable energy system at Baldy Beacon, Cayo, Belize. The Contractor shall be responsible for providing the personnel, permits, services, and shall supply all necessary equipment and materials (such as and not limited to: panels, anchor systems, inverters, combiner boxes, fuse boxes, controller, wiring, and ground mounted racks) under the terms of this contract, in order to provide and install a complete and fully functional system.

The Contractor shall provide ALL equipment (not partial) stated under APPENDIX A, TECHNICAL SPECIFICATIONS of this RFQ. Packaging and preservation shall be in agreement with IAW best commercial practices to enable shipment to final destination in Belmopan, Belize to the address specified (e.g. see below), without repacking or incurring damage during shipment and handling.

TYPE OF CONTRACT

The Government intends to award a firm-fixed-price, single contract award for the requirements identified in this RFQ. The price shall include all direct and indirect costs, profit, shipping/delivery charges, export requirements, insurance, etc. The price will not be subject to adjustment after award.

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EVALUATION FACTORS/BASIS FOR AWARD

The delivery to final destination of items is urgent and offerors are encouraged to provide their best delivery terms. Offerors should include specific details and dates for pickup availability in their responses to this RFQ. Award will be made to the contractor who offers the best value to the U.S. Government.

Offerors will be evaluated on (1) technical specifications of items acceptability, (2) delivery schedule of items, and (3) price - in that order. The basis of award will be Best Value using Tradeoffs, price and non-price factors considered. Award will be made to the Quoter who offers the best value to the U.S.

Government (USG).

ACQUISITION METHOD

This contract is issued as 100 percent total set-aside for Small Business. The primary North American Industry Classification System (NAICS) code applicable to this notice has been determined to be 221114, Solar Electric Power Generation.

FAR Part 12 Acquisition Commercial Items & FAR Part 13 Simplified Acquisition Methods, under Subpart 13.5 - Test Program for Certain Commercial Items.

DELIVERY DATE(S)

The period of performance is 12 weeks (90 days) after the date of the award. The Contractor, within 8 weeks’ (60 days) time or earlier, shall acquire, test and deliver the “hybrid system” to U.S. Embassy Belmopan, Belize. EMB the transport, make equipment available at the Baldy site (1week) and send a “notice to proceed” to the Contractor to complete the installation and render the complete system fully functional (3weeks max). If the Contractor is unable to perform within the period of performance he/she must notify the contracting officer at least 7 days before the period of performance is expired. The delivery to final destination of equipment is urgent and Quoter is encouraged to provide their best delivery terms.

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APPENDIX A

TECHNICAL SPECIFICATIONS

The Contractor shall furnish all labor, permits, transportation, equipment, materials, and any other items necessary to provide and install a complete and functional 3.2KW Off-Grid Hybrid, expandable system at Baldy Beacon, Cayo, Belize. All work shall be in conformance with all applicable referenced criteria, construction standards, laws and regulations, including applicable building, fire, life, and safety codes.

Only new materials and equipment shall be provided and installed in the work, and shall be of commercial or industrial grade and Underwriter’s Laboratory (UL) listed. No obsolete or discontinued materials, equipment, and/or appliances shall be used. The proposed system must be either partially or fully expandable to accommodate higher loads. Additions of wind-turbines or more solar arrays in the near future shall be considered.

Provide all labor and material to install a complete and functional 3.2KW Off-Grid Hybrid system. The Hybrid system shall consist of:

• A Solar Photovoltaic System to provide the require power load 80% of the time.

• A Powered Diesel Generator to provide the require power load 20% of the time.

EQUIPMENT

- SOLAR PHOTOVOLTAIC SYSTEM

Shall include as a minimum:

• Solar modules, 280 Watts Per Module, Monocrystalline (48 Each)

*Note: variations in temperature and irradiance from standard test conditions affect module output and must be addressed and considered in system design.

• Roof mount solar module racking, aluminum with all hardware, grounding lugs, and grounding electrode (1 Each complete racking system for 48 solar modules)

• Solar module interconnection cables, MC4 connectors with #10AWG solar cables (1 Complete Cable Kit)

• Solar module array combiner boxes with circuit breakers (4 Each)

• Metal power center enclosure, mild steel material, corrosion resistant white powder coated finish, key locked door on front of enclosure (1 Each)

• Maximum power point tracking (MPPT) solar charge controllers, 80 Amp rating, 48VDC input (4

Each)

Circuit Qty

Voltage DC Peak Amps Estimated Watts

Estimated BTUs

Estimated kVA

Availability per Day

1 -48V 14A 672 5884 0.672 24hrs/day 1 +24V 40A 960 3274 0.960 24hrs/day 1 +12V 10A 120 410 0.120 24hrs/day 1 120 VAC/60hz 10A 1449

3Hrs/day

Total Loads

(min) 74A 3200W

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• Power inverter system:

o 48VDC input, pure since wave 120VAC/60Hz output, 6kW rating AC output, two (2) built in battery chargers with 35A continuous rated output at 48VDC per charger (1 Ea) o 120VAC duplex convenience outlet is included and installed in the power center enclosure o AC to DC converter, 1500W, 120VAC to -48VDC power conversion. Required for powering -48VDC load (1 Each) o AC to DC converter, 1500W, 120VAC to +24VDC power conversion. Required for powering +24VDC load (1 Each) o AC to DC converter, 500W, 120VAC to +12VDC power conversion. Required for powering +12VDC load (1 Each)

• System display and control module, programs, manages and monitors entire system. Internet enabled, up to 1 year data logging capability.

• All required DC and AC circuit breakers included

• The complete hybrid solar power system power center enclosure shall be pre-wired and tested at the Contractor’s facility, before delivered.

• Battery Bank for a minimum of two (2) days of autonomy o Battery enclosures, mild steel material, corrosion resistant white powder coated finish, key locked removable lid on top side of the enclosure (6 Each) o Heavy duty battery cables, nominal cable size is 4/0, includes all cables for interconnecting the batteries in the battery bank and making the connection into the power center enclosure. (1 Complete Cable Kit) o Deka AGM Sealed Battery, 8A8D or equal. Sealed Absorbed Glass Mat (AGM) battery bank, each battery capacity of 245 Amp hours at 12VDC, each battery shall be maintenance free and sealed.

- DIESEL FUELED POWER GENERATOR & TANK

• MQ Power Diesel Generator, DCA10SPXU4C or equal, 10kW output rating, 120VAC/60Hz power output with auto start function. Connects into the power center enclosure and programmed to start using a 12VDC auxiliary signal from the power center when the battery voltage drops to a low level. Generator receives a signal to stop when the battery voltage reaches an optimal level.

Generator battery, connecting cables to solar power source, piping/fittings, and generator maintenance kit included.

• Western Global 500 Gal Diesel Fuel Tank, FCP500 or equal, 500 Gallon capacity. Above ground, Double Wall Cube Tank, constructed of steel, white painted finish, dimensions 87” length x 45” width x 51.25” high , empty weight 1,490 lbs.

- LED LIGHTS

• Four (4) indoor/ outdoor, 40W, 120V LED Lights with Fixture and individual switch for interior and exterior mounted fixtures, shall be included.

- MONITORING EQUIPMENT

• Contractor shall provide one digital Watt hour meters to measure power generated for the entire

Hybrid system.

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• Contractor shall provide a remote monitoring system to be installed at the Operations building.

• The monitoring system shall monitor the following:

o Power produced by renewable energy system o Power consumed by facility o Battery bank status o Shall provide an audible alarm when power consumed is within 10% of power generated o Automatic shut off within 5% of Maximum power output with automatic shut-off switch.

TRAINING

• The Contractor shall provide in-country at the installation site a Technical/Maintenance training to the maintenance personnel assigned by the USG and GoB

• The Technical/Maintenance training shall make the selected technical individuals capable to understand, configure, troubleshoot and maintain the complete system and its components.

INSTALLATION

Complete system installation and commissioning of the system at the specified site:

• Baldy Beacon, Cayo, Belize. Baldy Beacon is located at 17° 0'16.35"N 88°47'29.01"W. The roads to the area are unimproved and may be subject to poor conditions during inclement weather. The site is remote, but access to the property can be arranged during daylight hours 7 days a week.

*Note: A site inspection visit may be scheduled prior to starting system manufacturing to confirm assumptions regarding the site layout and structural integrity of the facilities where the solar system will be installed.

• Performance Test o The Contractor shall execute a final system performance test to demonstrate the complete operation and functionality of all system components, individually and “end to end”.

o Two sets of documents containing detailed technical information of all the system configuration, settings, parameters, adjustments and any other relevant information required for the operation of the systems shall be provided for verification during this final test. USG and GoB personnel intend to monitor the performance test.

SHIPPING

• FOB Destination Belize. The Contractor shall consolidate the entire shipment. The shipment should be export packed to prevent loss and misdirection. The Contractor upon notification shall replace any lost or damaged items during shipment.

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APPENDIX B

PRICING

Please see Pricing Matric Excel Sheet attachment APPENDIX B. All pricing submissions shall be completed in the format of the attached pricing matric. Quoter shall price all items – no partial bids will be submitted.

WARRANTY

Quotes shall clearly specify the time and type of warranty offered for each individual piece of equipment included in the system or for the entire system.

SERVICE AND MAINTENANCE

Within the warrantee period any parts, accessories, service and repairs for the above equipment and services shall be available and obtainable within a 30 days period of time.

MARKING AND SUBMISSION OF DOCUMENTS

Markings shall be attached to the shipment in such a way that they are protected from damage, legible and clearly visible to a casual observer from a distance of not less than 10 feet. All boxes and associated documents shall be labeled and marked for, and three copies of the packing list identifying the number of pieces shipped, the weight and cube of each piece. Please include a copy of the packing list with your invoice that will provide us advance information for Belizean Customs clearance purposes. Your cooperation is greatly appreciated.

PLEASE NOTE: This order is ultimately intended for an overseas destination. If the shipment will involve wood packaging material, then the packing and palletizing must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: “Guidelines for Regulating Wood Packaging Material in International Trade” (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. If you have any question regarding this requirement, please contact the Contracting Officer.

The courier shall submit the shipping documents, including original prepaid commercial bills of lading, certificates of origin, or international courier to the consignee is following address:

U.S. Embassy Belmopan 4 Floral Park Road Belmopan, Belize

ATTENTION: GSO/INL

The Contractor shall further send a copy of the commercial invoice, for customs clearance purpose, to the Office of INL at the following address. All documents shall be sent for the attention of the following person:

U.S. Embassy Belmopan Attn: INL Office 4 Floral Park Road Belmopan, Belize

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PERIOD OF PERFORMANCE

All boxes shall be delivered to the US Embassy in Belmopan, Belize as soon as possible but no later than within 8 weeks (60 days) after contract award. The delivery to final destination of equipment is urgent and Quoter is encouraged to provide their best delivery terms. Installation should be fully completed in is 12 weeks (90 days).

PLACE OF PERFORMANCE

The shipment shall be delivered on C.I.F. destination basis to the following address in Belmopan, Belize, in accordance with Section 19, 52.247-42 C.I.F. Destination (APR 1984), of this contract:

U.S. Embassy Belmopan 4 Floral Park Road Belmopan, Belize Attn: INL Office

CUSTOMS CLEARANCE AND TAX EXEMPTIONS

If applicable, the USG will assist the Contractor in obtaining customs clearance and tax exemption certificates from the GoB accordance with Section 7, Marking and Submission of Documents, of this contract.

EXPORT LICENSE

The Contractor shall comply with Sections 38-40 of the Arms Export Control Act (AECA) (22 U.S.C.

2778-2780) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130) as required, for the prosecution of work under this contract at no additional cost to the Government. Failure to be in compliance with AECA and ITAR by date planned for commencement of contract performance as well as during the entire performance of work under this contract shall result in contract termination.

Any penalties rendered to the Contractor, as a direct result of being found non-compliance with AECA and ITAR will be the responsibility of the Contractor. For additional information on AECA and ITAR, see http://www.pmddtc.state.gov/. The Contractor shall comply with license requirements of the Commerce Control List and any Export Administrative Regulations (EAR), which shall apply. Export Restrictions

INSPECTION AND ACCEPTANCE

The final inspection and acceptance of the products shall be performed by the USG upon their arrival at the receiving facility in Belmopan, Belize. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of products the Office of INL in Belize.

QUALITY ASSURANCE AND COMPLIANCE

The contractor shall adhere to the specifications outlined above in the technical requirements section

APPENDIX A.

• All items shall be TAA compliant

• Minimum Safety Ratings & Warranties Fire Safety Classification Class C Certifications UL

1703, CEC, IEC61215, IEC61730

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• All mechanical, electrical supplies or materials shall have corrosion protection.

• Battery Racks o Seismic Zone 4 rated o Coated with acid-resisting baked enamel o Adjustable rails

SPECIAL CONSIDERATIONS

The installation will take place at Baldy Beacon and is located in an area where the roads are unimproved and may be subject to poor conditions during inclement weather. The site is remote, but access to the property can be arranged during daylight hours 7 days a week.

Travel will be required. All international or domestic travel once approved is paid according to USG per diem rates. Contractor should include all travel and related expenses in the total price, but clearly list and price as a separate line item, which is cost reimbursable.

Pre-Construction Site Survey: Although, a good amount of site information (pictures and data) about the site will be available to the selected Contractor to facilitate proper system design and fabrication. The Quoter, if considered it necessary, may include in the total price a pre-construction site survey. The “three-day” survey would consist of two (2) days to travel to and return from Belmopan and one (1) day for the in-country site visit. The transportation and the escort for the “in-country” site visit would be provided by the INL program office or by the local Police office sponsoring the project.

SOLICITATION CONSIDERATIONS

This is a brand name or equal to procurement, the seller certifies that it is an authorized distributer of the similar product being sold to the Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, Seller warrants that the products are new and in their original box (es).

In addition to providing pricing for this solicitation, each Quoter must provide any required, NON- PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation (I.E. PLEASE SEE SECTION 1, NOTICE OF RFQ CLOSING DATE AND TIME). This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines. Information can be found at www.sam.gov.

All Quotes must be valid for 90 days from the closing date for this solicitation. No exceptions or qualifications. New items ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. Components of the requested items, to include memory, must be manufacturer-approved and may not be compatible, remanufactured, or refurbished items. All items must be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel. Sellers must be able to document their ability to provide items through manufacturer approved distribution channels upon request.

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The Seller confirms to have sourced all products submitted in this Quote from manufacturer approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements. If software is provided or included, Seller shall, upon request, provide Buyer with a copy of the End User License Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software.

No partial shipments are permitted, unless otherwise specified by contracting officer at time of contract award.

Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from Contractor that will supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been, substantially transformed, in that country into a new and different article of commerce with a name, character, or use distinct from that of the original article(s).

Note that any item that is a discreet article as it is sold in commerce, regardless of its ultimate function or use, cannot be considered, substantially transformed, and based solely on its integration into IT or other systems.

The Contractor and its employees shall exercise the utmost discretion concerning all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract, which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the USG. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

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SECTION THREE

CONTRACT CLAUSES & PROVISIONS

REFERENCE

52.212-1 Instructions to Offerors—Commercial Items (Jul 2013) 52.203-3 Gratuities (Apr 1984) 52.204-7 System for Award Management (Jul 2013) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Dec 2012) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

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 (OCT 2014)

(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.

(b) 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 (NOV 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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 https://acquisition.gov/far/current/html/Subpart%2012_3.html#wp1084399 https://acquisition.gov/far/current/html/Subpart%2012_3.html#wp1084399 http://www.acquisition.gov/

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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”, 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 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 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.

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Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

“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 SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM 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 (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

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

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Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

(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.

(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.

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

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

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

(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 https://acquisition.gov/far/current/html/52_223_226.html#wp1192900

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104 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:

Line Item No. Country of Origin

[List as necessary] https://acquisition.gov/far/current/html/FARTOCP25.html#wp225048 https://acquisition.gov/far/current/html/52_223_226.html#wp1169038

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined…