SOLC COMBINED SYNOPSIS SEA DRAGON DS 04012020docx.pdf

DOCKSIDE REPAIRS USCGC SEA DRAGON (WPB-87367)

70Z080-20-Q-PV197800

COMBINED SYNOPSIS/ SOLICITATION

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

This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued.

The solicitation is issued as a Request for Quotation (RFQ). T his solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC

2020-04 dated January 15, 2020. This requirement is being solicited as total small business set aside using FAR Part 12 Acquisition of Commercial Items and FAR 13.5 Simplified Procedures for Certain Commercial Items. The NAICS Code is 336611- Ship Repair with a small business size standard of 1,250 employees. The Solicitation number is 70Z080-20-Q-PV197800.

PLEASE NOTE: QUOTES THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTATION MAY

NOT BE CONSIDERED FOR AWARD.

PRICING SCHEDULE OF SERVICES: See Attachment-1.

DESCRIPTION OF WORK: See Attachment-2.

(a) The Contractor shall furnish all necessary facilities, labor, materials, services, equipment, supplies, power, accessories, special tools, consumables and other things necessary to perform a dockside repairs to USCGC SEA DRAGON (WPB-87367), an 87-foot patrol boat, all in exact accordance with this solicitation and the attached specification.

(b) Failure to read the specifications in their entirety will not relieve the Offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work.

Failure to do so will be at the Offeror's risk.

PERIOD OF PERFORMANCE: August 17, 2020 through September 16, 2020.

PLACE OF PERFORMANCE: The place of performance will be onboard USCGC SEA

DRAGON, moored at 1050 USS Georgia Ave, on the US Naval Submarine Base, Kings Bay, GA, 31547.

QUESTIONS / REQUEST FOR DRAWINGS: It is strongly encouraged to submit questions regarding this solicitation or request for drawings before April 24, 2020 at 10:00 a.m. EST to

Nancy.M.Brinkman@uscg.mil. After this date further requests may not be accepted due to time constraints.

QUOTATION DUE DATE: Quotations are due on or before May 8, 2020 at 10:00 a.m. EST.

Quotations may be sent via electronic mail (e-mail) to Nancy.M.Brinkman@uscg.mil or via mail to: US Coast Guard /SLFC/CPD1/PBPL

Attn: Nancy Brinkman

300 East Main Street, Suite 600

Norfolk, VA 23510 mailto:Nancy.M.Brinkman@uscg.mil mailto:Nancy.M.Brinkman@uscg.mil

FAR Clauses in by Reference:

FAR 52.204-7 System for Award Management (Provision) OCT 2016

FAR 52.204-13 System for Award Management Maintenance OCT 2016

FAR 52.209-2 Prohibition On Contracting With Inverted Domestic

Corporations—Representation (Provision)

NOV 2015

FAR 52.212-1 Instruction to Offerors- Commercial Items (Addendum below)

OCT 2018

FAR 52.212-4 Contract Terms and Conditions- Commercial Items

(Addendum below)

OCT 2018

FAR 52.215-20

ALT IV

Requirement for Cost and Pricing Data or Information Other

Than Cost or Pricing Data

OCT 2010

FAR 52.217-5 Evaluation of Options JUL1990

FAR 52.223-3 Hazardous Material Identification and Material Safety Data

Alternate I

JAN 1997

Alt I JUL 1995

FAR 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners

JUN 2016

FAR 52.228-5 Insurance – Work on a Government Installation JAN 1997

FAR 52.232-18 Availability of Funds APR 1984

FAR 52.232-40 Providing Accelerated Payment To Small Business

Subcontractors

DEC 2013

FAR 52.242-2 Production Progress Reports APR 1991

FAR 52.242-15 Stop Work Order AUG 1989

FAR 52.245-1 Government Property JAN 2017

FAR 52.245-9 Use and Charges APR 2012

FAR Clauses in Full Text:

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (DHS-USCG DEVIATION 14-01) (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and

FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

FAR 52.209-5 -- CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT

2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph

(a)(1)(i)(B) of this provision; and

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples.

(i) 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 appeal rights.

(ii) 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.

(iii) 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.

(iv) 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).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner;

or a person having primary management or supervisory responsibilities within a business entity

(e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the

Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the

Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

1. (a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and

Exchange Commission Administrative Proceedings, Civilian Board of Contract

Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

a. (1) The total value of all current, active contracts and grants, including all priced options; and

b. (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts

(including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity

(e.g., general manager; plant manager; head of a division or business segment; and similar positions).

2. (b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

3. (c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal

Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

a. (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the

Federal or State level that resulted in any of the following dispositions:

i. (i) In a criminal proceeding, a conviction.

ii. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

iii. (iii) In an administrative proceeding, a finding of fault and liability that results in–

1. (A) The payment of a monetary fine or penalty of $5,000 or more; or

2. (B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

iv. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or

(c)(1)(iii) of this provision.

b. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

4. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the

System for Award Management, which can be accessed via https://www.sam.gov (see

52.204-7).

(End of provision) https://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

1. (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award

Management via https://www.sam.gov.

2. (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L.

111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-

a. (1) The non-public segment, into which Government officials and the

Contractor post information, which can only be viewed by-

i. (i) Government personnel and authorized users performing business on behalf of the Government; or

ii. (ii) The Contractor, when viewing data on itself; and

b. (2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-

i. (i) Past performance reviews required by subpart 42.15;

ii. (ii) Information that was entered prior to April 15, 2011; or

iii. (iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

3. (c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

a. (1) If the Contractor asserts in writing within 7 calendar days, to the

Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency

Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

b. (2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

c. (3) As required by section 3010 of Pub. L. 111-212, all information posted in

FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

4. (d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause) https://www.sam.gov/ https://www.acquisition.gov/content/part-42-contract-administration-and-audit-services#i1074222 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651

FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA

INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL

ITEMS DESCRIPTIONS (JUN 1988)

Orders for drawings: See Page (1). All requests should identify the solicitation number. U.S.

Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD-ROM(s) contain WINDOWS compliant raster/vector formats (e.g.

*.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.).

**Drawing measurements should be verified by the Contractor prior to ordering materials.

REQUIRED INSURANCE

The Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract. In accordance with HSAR 3052.228-70, Insurance (DEC 2003), the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including:

1. Ship Repairer's Liability - $500,000 per occurrence.

2. Comprehensive General Liability - $500,000 per occurrence.

3. Full insurance coverage in accordance with the United States’ Longshoremen's and

Harbor Worker's Act.

4. Full insurance coverage in accordance with the State's Workmen's Compensation Law

(or its equivalent) for all places of performance under this contract.

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018)

ADDENDUM

All pages in the quote shall be numbered and identified with the quote’s name and RFQ

Number 70Z080-20-Q-PV197800, FY20 Dockside Repairs to USCGC SEA DRAGON

(WPB 87329). Subsequent revisions should be similarly identified to show revision number and date.

REQUIRED DOCUMENT SUBMISSION:

Each Offeror shall furnish the information required by the solicitation, which includes:

A. COMPANY INFORMATION

1. Provide a signed cover letter on company letterhead, with complete mailing address, DUNS number and point of contact and valid phone number.

2. Provide Small Business Self Certification for applicable set-aside (i.e.

HUBZone, Small Business, SDVOSB, 8(a)).

3. Provide Insurance Certification (Statement of Coverage from current

Insurance carrier).

B. TECHNICAL CAPABILITY – (see *Attachment-3)

1. Provide all required documentation/certifications for each Technical

Evaluation Factor listed.

*Submit all Technical Capability required documentation in a separate email.

C. PAST PERFORMANCE

1. Provide at least two (2) but no more than three (3) relevant (construction, overhaul, repair and alteration of ships) and recent federal, state or local government or private contracts performed during the last three (3) years.

D. PRICE

1. Provide a completed Attachment-1, Schedule of Services with a cost associated for each Contract Line Item Number (CLIN); Offeror shall

**Include a cost breakdown for CLIN D-00C Travel and Per Diem: list the number of workers assigned to the project; travel costs (mileage, tolls, etc.)

2. Provide a list of Sub-Contractor’s/point of contact, email and valid phone number, identifying the CLIN your company intends to subcontract and the percentage of work that each Subcontractor has agreed to complete (for each

CLIN listed in Attachment-1.)

All quotes submitted in response to this solicitation shall be valid up to the date of contract award. Contractors are responsible for verifying the receipt of their quote.

*Important Note: Quotes that do not follow instructions and/or fail to include ALL required documents may be considered incomplete and may not be considered for award.

FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following three (3) factors shall be used to evaluate offers:

A. Technical Capabilities

B. Past Performance

C. Price

A. TECHNICAL CAPABILITIES:

Offeror’s shall provide ALL required documentation and certifications for each technical factor listed in Attachment-3. Technical Evaluation Factors will be evaluated to determine if the Offeror’s technical information provides a sound, compliant approach that meets all requirements listed in the Specification and demonstrates a thorough knowledge and understanding of the requirements. It is the contractor’s responsibility to ensure that their quote clearly demonstrates their ability to perform these requirements.

Below is a link to USCG Surface Forces Logistics Command (SFLC) Standard

Specifications associated with the Vessel’s Specification can be found at the following website: http://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-

Engineering-Logistics-CG-4-/Logistic-Centers/Surface-Forces-Logistics-http://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Engineering-Logistics-CG-4-/Logistic-Centers/Surface-Forces-Logistics-Center/Contracting-Links/Standard-Specifications/ http://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Engineering-Logistics-CG-4-/Logistic-Centers/Surface-Forces-Logistics-Center/Contracting-Links/Standard-Specifications/

Center/Contracting-Links/Standard-Specifications/

B. PAST PERFORMANCE:

The Offeror shall provide at least two (2) but no more than three (3) relevant

(construction, overhaul, repair and alteration of ships) and recent federal, state or local government or private contracts performed during the last three (3) years.

In evaluating Contractors past performance, the Government reserves the right to limit or expand the number of references it decides to contact that are provided by the Offeror, in addition with information from past contracts/orders with the U.S. Coast Guard and any information found in Federal Government sources such as Contractor Performance

Assessment Reports (CPARS) and other existing past performance ratings on ‘relevant’ contracts.

For purposes of this solicitation, “relevant contracts” are defined as contracts performed in the three years preceding the date of this solicitation in which the contractor was the prime contractor performing construction, overhaul, repair and alteration of similarly-sized ships/ vessels. Past performance ratings for contracts that were completed more than three years before the date of the issuance of this solicitation are not considered relevant and will not be evaluated. General trends in a Contractor’s performance will also be considered.

Attachment-5: Past Performance Questionnaire (PPQ) may be used to substantiate the

Offeror’s ship repair experience from prior contracts with local, state and federal agencies.

Detailed instructions are outlined on the form for prior companies to complete and return the form directly to the Contract Specialist. Vendors lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance, but will be assigned a Neutral rating.

**Past performance less than satisfactory may not be considered for award**

The past performance evaluation will take into account the guidelines outlined at FAR

15.305(a)(2) Past Performance Evaluation. The Contractor’s past performance will be evaluated according to the following:

Past Performance Quality Ratings

Rating Description

Exceptional Performance met contractual requirements and exceeded many to the

Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

Very Good Performance meets contractual requirements and exceeds some to the

Government's benefit. The element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were effective.

Satisfactory Performance meets contractual requirements. The element being assessed http://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Engineering-Logistics-CG-4-/Logistic-Centers/Surface-Forces-Logistics-Center/Contracting-Links/Standard-Specifications/ contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory

Marginal Performance does not meet some contractual requirements. The element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions

Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The element being assessed contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

Neutral The offeror has no past performance history OR the Contracting Officer has determined that the past performance information provided is not directly related or similar to the requirements in the RFP.

C. PRICE:

The Offeror shall complete the Attachment-1, Schedule of Services /Price Schedule and

**shall include a cost breakdown for CLIN D-00C Travel and Per Diem (list number of workers assigned to the project/ travel costs, mileage/tolls).

Offeror’s price shall represent the best price in response to the request for quote. The price shall be evaluated to determine fairness and reasonableness. Award may be made without any type of discussions or negotiations. The Government reserves the right to award to other than the lowest-priced offeror.

The total evaluated price of the offeror will be determined by totaling the proposed prices of all the Definite and Option Items; including the Composite labor rate per hour extended total.

1. DEFINITE ITEMS: These are the items, which, if there is an award at all, will be awarded. The quote shall be evaluated to include the price for each definite item.

2. OPTION ITEMS: These are the items, which, if there is an award at all, may be awarded upon completion of open and inspect, or if additional funds become available, of if they are needed. The offer shall be evaluated to include the price for each option item.

3. COMPOSITE LABOR HOUR RATE: The offer shall be evaluated to include the offer price for the Composite Labor Hour Rate multiplied by the estimated quantity of hours.

**The relative importance of technical capability and past performance when combined are more important than price**

(End FAR 52.212-2 provision)

FAR 52.212-3 OFFEROR RPRESENTATONS AND CERTIFICATION –

COMMERICAL ITEMS (DEC 2019) Alternate of 52.212-3 (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

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

1. (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—

a. (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

b. (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—

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

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

e. (3) PSG 88, Live Animals;

f. (4) PSG 89, Subsistence;

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

https://www.sam.gov/ http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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

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

j. (8) PSC 9610, Ores;

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

l. (10) PSC 9630, Additive Metal Materials.

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan

Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in

Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

n. (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;

o. (3) Consist of providing goods or services to marginalized populations of

Sudan;

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

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

r. (6) Have been voluntarily suspended.“Sensitive technology”—

“Sensitive technology”—

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

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

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

t. (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”—

u. (1) Means a small business concern—

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

v. (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 with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

w. (1) Is at least 51 percent unconditionally and directly owned (as defined at 13

CFR 124.105) by—

i. (i) One or more socially disadvantaged (as defined at13 CFR

124.103) and economically disadvantaged (as defined at 13 CFR

124.104) individuals who are citizens of the United States; and

ii. (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 CFR124.104(c)(2); and

x. (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—

y. (1) Directly by a parent corporation; or

z. (2) Through another subsidiary of a parent corporation

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

aa. (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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program”

(in accordance with 13 CFR part127), 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.

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

cc. (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

2. (b)

a. (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 in SAM

b. (2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

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

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

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-matters#i1121876

3. (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.

a. (1) Small business concern. The offeror represents as part of its offer that it

□is, □is not a small business concern.

b. (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.

c. (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.

d. (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 CFR124.1002.

e. (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.

f. (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. (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. (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.

g. (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. (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. (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.

h. (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.

i. (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:____________________________________

j. (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. (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. (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.

4. (d) Representations required to implement provisions of Executive Order11246-

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

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

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

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

i. (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. (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.

5. (e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC8

55B3U.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.

6. (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.)

a. (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.”

b. (2) Foreign End Products:

Line Item No. Country of Origin http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372

Line Item No. Country of Origin

c. [List as necessary]

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

7. (g)

a. (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. (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. (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 https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446

[List as necessary]

iii. (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy

American-Free Trade Agreements-Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of

“domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

b. (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]

c. (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…