SPE4AX-18-R-0024_Final_PDF_Portfolio_2.23.2018.pdf

7. ISSUED BY

DLA AVIATION

8000 JEFFERSON DAVIS HIGHWAY

RICHMOND, VA 23297-5100

CODE

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and one (1) copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in DLA Reception Area, Bldg. 33 until 2:00 PM local time 03/23/2018 (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME

SHARON HARTMAN

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

sharon.hartman@dla.mil

AREA CODE

NUMBER

EXT.

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 8

B SUPPLIES OR SERVICES AND PRICES/COSTS 3 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 4 J LIST OF ATTACHMENTS 9

D PACKAGING AND MARKING 4 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 4

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 9

F DELIVERIES OR PERFORMANCE 4

X G CONTRACT ADMINISTRATION DATA 6 L INSTRS., CONDS., AND NOTICES TO OFFERORS NA

H SPECIAL CONTRACT REQUIREMENTS 7 M EVALUATION FACTORS FOR AWARD 9

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) 41 U.S.C. 253 (c)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV,. 9-97)

Prescribed by GSA - Far (48 CFR) 53.214 (c)

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER RATING

UNDER DPAS (15 CFR 7900)

PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

SPE4AX-18-R-0024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

02/23/2018

6. REQUISITION/PURCHASE NUMBER

SPE4AX 8. ADDRESS OFFER TO (If other than item 7) mailto:sharon.hartman@dla.mil

CONTINUED ON NEXT PAGE

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING

CONTINUED SPE4AX-18-R-0024

SECTION A

SOLICITATION

A.1 INTRODUCTION

A.1.1 Defense Logistics Agency (DLA) Aviation is seeking long-term solution providing 100% material availability in support of the United States Air Force (USAF) Secondary Power Systems (SPS) for auxiliary power units and accessories for seven-(7) aircraft and ground stock carts.

A.1.2 This solicitation is for award of a ten-(10) year multi-NSN long-term contract (LTC).

The period of performance for the resulting contract shall have a five-(5) year base period with two-(2) option periods; the first option shall be three-(3) years with the potential for a second option at an additional two-(2) years.

A.1.3 The resulting contract will be Fixed Price (i.e. Firm Fixed Price, Fixed Price with Prospective Price Redetermination); the four-(4) pricing periods shall be based upon contract years with each period being three-(3), three-(3), two-(2), and two-(2) years (i.e.

3/3/2/2 years).

A.1.4 The initial one-hundred and fifteen-(115) items are scheduled for Customer Direct (CD) delivery to a single Department of Defense Activity Address Code (DODDAC).

Phase two-(2) is planned to incorporate Direct Delivery for stock purchases to a DLA Depot.

A.2 OVERVIEW

A.2.1 This solicitation will be a sole source negotiated acquisition with Aero Controlex Group (ACX). To meet the objectives specified in Section C, ACX will provide both consumable and Depot Level Repairable (DLR) items. The initial award population will support a separate EPBL effort supporting the overhaul, repair, and maintenance of the

SPS.

A.2.2 The items contained in the initial award population are identified as sole source items with varying ranges of criticality and require engineering and technical expertise in conjunction with diminishing manufacturing sources and raw material acquisition challenges. DLA has determined that real-time access to the engineering expertise, technical data and understanding of the manufacturing processes offered by ACX is essential to providing conforming parts manufactured in accordance with the drawings enabling the repair, overhaul, and/or maintenance of these SPS. The Phase 1 items are a sub-set of the Honeywell ePBL contract. Failure to provide the parts in accordance with the ePBL requirements, will void the repair warranty for all repairs made under the Honeywell ePBL contract. As such, the acquisition has been approved for Other than Full and Open Competition as prescribed by FAR 6.302-1.

CONTINUED SPE4AX-18-R-0024

A.2.3 While the initial population shall be CD in support of the USAF SPS, items may be identified and added upon the agreement of both parties; this includes Foreign Military Sales (FMS) customers.

A.2.4 The Statement of Work (SOW) at Section C herein identifies the Government’s objectives for Phase 1, inclusion of 115 items supporting the USAF SPS as part of the overarching EPBL effort. Any future requirement (Phases to Be Determined) shall be subject to its own distinct SOW as needed.

A.2.5 ACX is instructed to provide the proposal in accordance with the attached proposal spreadsheet.

A.2.6 Supporting documentation such as Commercial Item Justifications (CIJs) shall be submitted separately.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 ACX shall submit proposed pricing for potential future requirements when agreed upon and solicited via Letter Solicitation (Phases TBD).

B.2 This solicitation is a combination FAR Part 12, Acquisition of Commercial Items and FAR Part 15, Contracting by Negotiations. When appropriate, Certified Cost or Price Data will be required in accordance with FAR 15.403-4 unless an exception from certified cost or pricing data requirements applies. For items determined Commercial-Off-The-Shelf (COTS) and/or Commercial-Of-A-Type (COATS) ACX is required to submit Informal Cost Data as needed to support offered pricing.

B.3 ACX shall submit proposed pricing for each pricing period in accordance with the solicited pricing structure for any potential future requirements. The current pricing periods will be 3- years, 3-years, 2-year, and 2-years. For each pricing period, annual prices shall be submitted; the first pricing period covers 3-years, ACX shall submit separate prices for each year of the pricing period. Example: Pricing period 1, Part XYZ, shall have an individual unit price for 2018, 2019, and 2020.

B.4 The ePBL forecast will be a 5-year rolling forecast; ACX shall use the estimated annual requirements to provide recommended quantities at the appropriate quantity price break for the initial award. Follow-on orders may be agreed upon utilizing price ranges ensuring that the Government receives the most fair and reasonable price.

B.5 ACX shall provide the appropriate formal or informal cost to support their offered unit prices as well as any proposed escalation in the most transparent detail, ensuring a fair and reasonable price to both parties can be achieved and that the Government is able to make an adequate fair and reasonable determination. This data may consist of commercial invoices, basis of estimate for proposed escalation, and visual inspection of more in depth data as needed.

B.6 The initial items to be priced in support of the ePBL SPS contract are included herein as Attachment 2, Proposal Spreadsheet.

CONTINUED SPE4AX-18-R-0024

SECTION C

DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C.1 The overarching SOW is defined as providing 100% On-Time Delivery (OTD) of the material to support the overhaul, repair, and maintenance of the SPS while reducing the previous prices paid under the current SPLS contract.

SECTION D PACKAGING AND MARKING

D.1 Commercial packaging in accordance with American Society for Testing and Materials (ASTM), ASTM D-3951 is acceptable; however, packages shall be prepared in accordance with labeling requirements of MIL-STD-129P.

D.2 Radio Frequency Identification (RFID) requirements shall apply consistent to the requirements at DFARS 252.211-7006 is incorporated herein, as applicable.

SECTION E INSPECTION AND ACCEPTANCE

E.1 For Phase 1, the initial population of 115 items, Inspection & Acceptance (I&A) terms shall be Origin.

E.2 For future additions to the LTC, individual items may be I&A Origin or Destination and shall be specified in the Letter Solicitation and on the individual Delivery Orders (DOs)

SECTION F

DELIVERIES OR PERFORMANCE

F.1 While the initial award population shall be FOB Origin in support of the EPBL; terms for both Destination and Origin are included and may apply to future additions to the LTC.

F.2 While balancing priorities and shipping schedules, the contractor shall consolidate shipments to the maximum extent practicable.

F.3 The contractor shall maintain comprehensive records of all shipments including the transportation control number, the date of shipment, weights, destinations, order number, and transportation contract shipped against.

F.4 On-Time Delivery (OTD) Metric F.4.1 DLA shall evaluate supplier performance in achieving contractual Production Lead Times (PLT) through an On-Time Delivery (OTD) metric. OTD will be measured on a per order / per CLIN basis.

CONTINUED SPE4AX-18-R-0024

F.4.2 Each CLIN within an order will be evaluated to determine if the contractor met the contractual PLT.

F.4.3 Measurement begins upon order placement and ends in accordance with the terms of the contract (i.e., ship date, receipt of order at point of delivery).

F.4.3.1 Production Lead-time consist of the following:

15-days ACX Admin lead-time Supplier quoted lead-time (in days) 15-days ACX receiving & inspection 5-days I&A by DCMA

F.4.4 The OTD percentage will be monitored monthly and reported quarterly. DLA will provide the monthly, quarterly, and year-end OTD percentages by CLIN and in aggregate for review and concurrence.

F.4.5 The supplier shall be liable to DLA for payment of consideration in the amounts listed below per order/CLIN where PLT is delayed beyond the contract time, as adjusted for time extension provided by mutual agreement of the Parties.

F.4.6 DLA will assess a disincentive for OTD against any order/CLIN that does not meet the contractual PLT per the below:

OTD Category Number of Calendar Days

Late

Disincentive Percentage

A 0-30 0% B 31-60 1% C 61-90 3% D >90 5%

F.4.7 The calculation of the OTD disincentive fee is as follows:

OTD Disincentive Fee =

[(Value of Category A Orders (Delivery Order 1 (CLIN 0002) + Delivery Order 5 (CLIN 0005) + Delivery Order 7 (CLIN 0003)) x Disincentive 0% for Category A]

[(Value of Category B Orders) (Delivery Order 2 (CLIN 0003) + Delivery Order 6 (CLIN 0006) + Delivery Order 8 (CLIN 0004)) x Disincentive 1% for Category B]

[(Value of Category C Orders) (Delivery Order 3 (CLIN 0004) + Delivery Order 7 (CLIN 0007) + Delivery Order 8(CLIN 0004)) x Disincentive 3% for Category C]

[(Value of Category D Orders) (Delivery Order 4 (CLIN 0005) + Delivery Order 8 (CLIN 0008) + Delivery Order 9 (CLIN 0005)) x Disincentive 5% for Category D]

CONTINUED SPE4AX-18-R-0024

F.4.8 Example: Total Quarterly Value of All CLINs Exceeding Contractual PLT:

Category Calendar Days Late Value of CLINs Disincentive

Disincentive Calculation

A 0-30 $50,000 0% $0 B 31-60 $100,000 1% $1,000 C 61-90 $250,000 3% $7,500 D >90 $100,000 5% $5,000

Totals $500,000 $13,500 OTD Fee Owed to USG = $13,500

F.4.9 The disincentive will be applied against the value of the order(s)/CLINs not shipped complete in accordance with the contractual PLT. The disincentive amount will apply to the amount of the cumulative orders/CLINs over the total value for each quarterly performance period.

F.4.10 The Contracting Officer will provide a monthly metric report to the contractor within fourteen (14) calendar days from the end of the preceding month. The contractor will have fourteen (14) calendar days to challenge individual delivery orders or the calculations for the metrics in writing to the Contracting Officer. The challenge shall include the rationale and any supporting evidence. The Contracting Officer will approve/disapprove the challenge request within 14 calendar days after receipt. Failure of the contractor to notify the Contracting Officer within the specified time frame will result in the monthly metric being deemed to be accurate and correct. The appropriate credit based on the challenge result will be issued by DLA Aviation within thirty (30) days. No claims for disincentive greater than one hundred and fifty (150) days in arrears will be allowed.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

G.2 Data requirements such as the production report shall be incorporated to support the transfer of information between the parties regarding order and delivery status as included in Attachment 3.

CONTINUED SPE4AX-18-R-0024

SECTION H

SPECIAL CONTRACT REQUIRMENTS

H.1 DEFENSE CONTRACT MANAGEMENT AGENCY (DCMA)

The solicitation provides for the utilization of DCMA for inspection & acceptance, transportation coordination, monitoring of contract performance in accordance with the negotiated SOW, and other functions delegated by the Contracting Officer, as appropriate.

H.2 GOVERNMENT FURNISHED TOOLING

H.2.1 In accordance with FAR 45.201(c), ACX shall include the following in its proposal for each engine specific subsumable contract solicitation:

H.2.1.1 A list or description of all Government property that the offeror or its subcontractors propose to use on a rent-free basis. The list shall identify the accountable contract under which the property is held and the authorization for its use (from the contracting officer having cognizance of the property);

H.2.1.2 The dates during which the property will be available for use (including the first, last, and all intervening months) and, for any property that will be used concurrently in performing two or more contracts, the amounts of the respective uses in sufficient detail to support prorating the rent;

H.2.1.3 The amount of rent that would otherwise be charged in accordance with FAR 52.245-9, Use and Charges; and

H.2.1.4 A description of the offeror’s property management system, plan, and any customary commercial practices, voluntary consensus standards, or industry-leading practices and standards to be used by the offeror in managing Government property.

H.2.2 ACX shall flow-down to its suppliers, all Government Furnished Property and Tooling clauses when tooling is used in supply of material. ACX, as the prime contractor, is ultimately responsible for any Government tooling utilized in support of contract performance.

H.2.3 In the event that tooling is required for which ACX does not currently own or manage, said tooling will be Contractor-acquired property, proposed as a separate CLIN, and will become Government Property upon payment of said tooling. All Government Property shall be managed by ACX throughout the life of this LTC in accordance with FAR Part 45.

CONTINUED SPE4AX-18-R-0024

SECTION I

CONTRACT CLAUSES

Note: The solicitation contains provisions and clauses that may be self-deleting / not applicable based on the strategy and SOW proposed by the offeror. Any resulting contract will be a stand-alone document and include the award clauses and provisions applicable to the negotiated contract.

I.1 INCORPORATED BY REFERENCE

I.1.1 Except for provisions and clauses prescribed in FAR 52.107, any provision or clause that can be accessed electronically is incorporated by reference to include DLA Directive (DLAD) Procurement (Proc) Notes and DLA Aviation Acquisition Notices (DAANs).

However, upon request, the contracting officer shall provide the full text of any provision or clause incorporated by reference.

I.1.2 All clauses, provisions, procurement notes, and acquisition notices required in this section or in any other section of the uniform contract format are included as Attachment 2 included herein.

I.1.3 The matrix for the key elements of Attachment 2 are identified in Section I.3.

I.1.4 All provisions and clauses that require completion by the offeror or prospective contractor are identified by the “Fill-in” element of Attachment 2. All applicable provisions and clauses must be completed by the offeror or prospective contractor and must be submitted with the offer. An electronic address where the full text of each provision or clause may be accessed is identified by the “Link” element of Attachment 2.

I.2 KEY ELEMENTS (MATRIX)

Element Definition Format

• Regulation Applicable regulation or policy reference:

o FAR/DFARS/DLAD/DLAD Proc Notes/DAANs

Text

• Part o Applicable acquisition policy 12=FAR Part 12, 15=FAR Part 15, BOTH=FAR 12 & 15

• Number o Provision/Clause number

Number

• Title o Title of provision/clause Text

• Date o Revision date of provision/clause

Date (Month-Year)

CONTINUED SPE4AX-18-R-0024

• Link o Electronic access link to provision/clause full text

Hyperlink

• UCF

o Uniform Contract Format section Text

• IBR

o Incorporated By Reference

Y=Yes, N=No

• Fill-in o Provision/Clause section fill-in required C=Contractor, G=Government, B=Both

• Page o Page number location of full text of provision/clause if applicable

Text

SECTION J

LIST OF ATTACMENTS

J.1 Attachment 1 – Provisions and Clauses

J.2 Attachment 2 – Proposal Spreadsheet

J.3 Attachment 3 – Production Report

SECTION K

REPRESENTATION, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 All clauses, provisions, procurement notes, and acquisition notices required in this section or in any other section of the uniform contract format are included as Attachment 1 included herein.

SECTION M

EVALUATION FACTORS FOR AWARD

M.1 All clauses, provisions, procurement notes, and acquisition notices required in this section or in any other section of the uniform contract format are included as Attachment 1 included herein.

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SPE4AX-18-R-0024

ATTACHMENT 1

KEY ELEMENTS (MATRIX)

Element Definition Format

Regulation Applicable regulation or policy reference: FAR/DFARS/DLAD/DLAD Proc Notes/DAANs

Text

Part Applicable acquisition policy 12=FAR Part 12, 15=FAR Part 15, BOTH=FAR 12 &

Number Provision/Clause number Number

Title Title of provision/clause Text

Date Revision date of provision/clause Date (Month-Year)

Link Electronic access link to provision/clause full text

Hyperlink

UCF Uniform Contract Format section Text

IBR Incorporated By Reference Y=Yes, N=No

Fill-in Provision/Clause section fill-in required C=Contractor, G=Government, B=Both

Page Page number location of full text of provision/clause if applicable

Text

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

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

https://www.acquisition.gov/browsefar http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx http://www.dla.mil/Aviation/Business/IndustryResources/DLAResourcesforSuppliers/DAA Ns/

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browsefar http://www.dla.mil/Aviation/Business/IndustryResources/DLAResourcesforSuppliers/ DAA Ns/

52.252-5 -- Authorized Deviations in Provisions (Apr 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any ___(*)_______ (48 CFR Chapter __(*)__) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

52.252-6 -- Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

http://farsite.hill.af.mil/ http://www.dla.mil/Aviation/Business/IndustryResources/DLAResourcesforSuppliers/DAANs/ http://farsite.hill.af.mil/

(b) The use in this solicitation or contract of any __(*)___. (48 CFR _(*)__) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the

(End of Clause)

52.203-2 -- Certificate of Independent Price Determination (Apr 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to --

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision;

or

(2)

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision __(*)__________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

252.204-7007 -- Alternate A, Annual Representations and Certifications (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus—Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment—Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities—Representations. Applies to solicitations for the acquisition of commercial satellite services.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252209.htm#252.209-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252216.htm#252.216-7008 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252222.htm#252.222-7007 http://www.acq.osd.mil/dpap/dars/dfars/html/current/222_17.htm#222.1771 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7042 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7049

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)— Representation. Applies to solicitations and contracts when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)— Representation. Applies to solicitations and contracts when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

_X__ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

_X__ (ii) 252.225-7000, Buy American—Balance of Payments

Program Certificate.

___ (iii) 252.225-7020, Trade Agreements Certificate.

___ Use with Alternate I.

___ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

___ (v) 252.225-7035, Buy American—Free Trade Agreements—Balance of Payments Program Certificate.

___ Use with Alternate I.

___ Use with Alternate II.

___ Use with Alternate III.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7050 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252229.htm#252.229-7012 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252229.htm#252.229-7013 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7022 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252209.htm#252.209-7002 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7000 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7020 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7031 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7035

___Use with Alternate IV.

___ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by provision number, title, date]. 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.

FAR/DFARS Provision # Title Date Change

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

(End of provision)

52.204-8 -- Annual Representations and Certifications (Jan 2017)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 336412.

(2) The small business size standard is 1500 employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

https://www.acquisition.gov/

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision applies to solicitations that include the clause at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification.

This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

_X_ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.204-20, Predecessor of Offeror.

_X_ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

_X_ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

_X_ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

_X_ (vii) 52.227-6, Royalty Information.

_X_ (A) Basic.

___ (B) Alternate I.

_X_ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

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.

FAR Clause Title Date Change

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 on SAM.

52.207-4 -- ECONOMIC PURCHASE QUANTITY—SUPPLIES (AUG 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.

(b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS

Item Quantity Price Quotation Total

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government’s requirements indicate that different quantities should be acquired.

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);

(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;

(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 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144964 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 o has not o , 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.

52.209-7 -- INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(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—

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

and

(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).

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

(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:

(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) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine,…