SPMYM1-14-Q-0073.doc

Section SF 1449 - CONTINUATION SHEET

Lot

N4215840529534

FFP

BULK REFRIGERATED LIQUID NITROGEN,

BASE YEAR REQUIREMENT

Delivery of refrigerated liquid nitrogen, with rental of two tanks, one dual pumping station with automatic control and one single 3,000 gallon storage tank.

FOB: Destination

NSN: 6830-LL-N03-8929

MILSTRIP: N4215840529534

PURCHASE REQUEST NUMBER: N4215840529534

PROJECT: YY9

NET AMT

0001AA

REFRIGERATED LIQUID NITROGEN

FOB: Destination

NET AMT

0001AB

RENTAL OF DUAL PUMPING STATION

NET AMT

0001AC

3,000 GALLON TANK RENTAL FOR NITROGEN

NET AMT

Lot

N4215840739532

BULK REFRIGERATED LIQUID OXYGEN,

BASE YEAR REQUIREMENT

Delivery of refrigerated liquid oxygen with rental of two tanks, one single pump station and one 3,000 gallon storage tank.

FOB: Destination

NSN: 6830-LL-N03-8879

MILSTRIP: N4215840739532

NET AMT

0002AA

REFRIGERATED LIQUID OXYGEN (99.5% PURE)

NET AMT

0002AB

RENTAL OF SINGLE PUMPING STATION

NET AMT

0002AC

3,000 GALLON TANK RENTAL FOR OXYGEN

NET AMT

Lot

FFP

BULK REFRIGERATED LIQUID NITROGEN,

FIRST YEAR REQUIREMENT

Delivery of refrigerated liquid nitrogen, with rental of two tanks, one dual pumping station with automatic control and one single 3,000 gallon storage tank.

FOB: Destination

NSN: 6830-LL-N03-8929

MILSTRIP: N4215840529534

NET AMT

1001AA

NET AMT

1001AB

NET AMT

1001AC

NET AMT

Lot

FFP

BULK REFRIGERATED LIQUID OXYGEN,

FIRST YEAR REQUIREMENT

Delivery of refrigerated liquid oxygen with rental of two tanks, one single pump station and one 3,000 gallon storage tank.

FOB: Destination

NSN: 6830-LL-N03-8879

MILSTRIP: N4215840739532

NET AMT

1002AA

NET AMT

1002AB

NET AMT

1002AC

NET AMT

Lot

FFP

BULK REFRIGERATED LIQUID NITROGEN,

SECOND YEAR REQUIREMENT

Delivery of refrigerated liquid nitrogen, with rental of two tanks, one dual pumping station with automatic control and one single 3,000 gallon storage tank.

FOB: Destination

NSN: 6830-LL-N03-8929

NET AMT

2001AA

NET AMT

2001AB

NET AMT

2001AC

NET AMT

Lot

FFP

BULK REFRIGERATED LIQUID OXYGEN,

SECOND YEAR REQUIREMENT

Delivery of refrigerated liquid oxygen with rental of two tanks, one single pump station and one 3,000 gallon storage tank.

FOB: Destination

NSN: 6830-LL-N03-8879

NET AMT

2002AA

NET AMT

2002AB

NET AMT

2002AC

NET AMT

Lot

FFP

BULK REFRIGERATED LIQUID NITROGEN,

THIRD YEAR REQUIREMENT

Delivery of refrigerated liquid nitrogen, with rental of two tanks, one dual pumping station with automatic control and one single 3,000 gallon storage tank.

FOB: Destination

NSN: 6830-LL-N03-8929

NET AMT

3001AA

NET AMT

3001AB

NET AMT

3001AC

NET AMT

Lot

FFP

BULK REFRIGERATED LIQUID OXYGEN,

THIRD YEAR REQUIREMENT

Delivery of refrigerated liquid oxygen with rental of two tanks, one single pump station and one 3,000 gallon storage tank.

FOB: Destination

NSN: 6830-LL-N03-8879

NET AMT

3002AA

NET AMT

3002AB

NET AMT

3002AC

NET AMT

Lot

FFP

BULK REFRIGERATED LIQUID NITROGEN,

FOURTH YEAR REQUIREMENT

Delivery of refrigerated liquid nitrogen, with rental of two tanks, one dual pumping station with automatic control and one single 3,000 gallon storage tank.

FOB: Destination

NSN: 6830-LL-N03-8929

NET AMT

4001AA

NET AMT

4001AB

NET AMT

4001AC

NET AMT

Lot

FFP

BULK REFRIGERATED LIQUID OXYGEN,

THIRD YEAR REQUIREMENT

Delivery of refrigerated liquid oxygen with rental of two tanks, one single pump station and one 3,000 gallon storage tank.

FOB: Destination

NSN: 6830-LL-N03-8879

NET AMT

4002AA

NET AMT

4002AB

NET AMT

4002AC

NET AMT

SPECIFICATION OF WORK

1.0

SCOPE

1.1 Scope This specification provides the minimum requirements for Liquid Nitrogen, Liquid Oxygen, two 3,000 gallon rental gas tanks, one dual-pumping station and a single oxygen pumping station.

2.0

APPLICABLE DOCUMENTS

2.1 Government Documents. The following documents of the issue in effect on the date if invitation for bids or requests for proposal form a part of the specification to the extent specified herein.

SPECIFICATIONS

MILITARY:

MIL-STD-129- marking for Shipment and Storage

OTHER GOVERNMENT AGENCY

U.S. DEPARTMENT OF LABOR

OSHA 2206- General Industry, OSHA Safety and Health Standards, 29 CFR 1910

2.2 Non-government documents. The following documents for an apart of this specification to the extent herein. Unless otherwise indicated, the issue in effect on the date of invitation for bid or request for proposal shall apply.

STANDARDS

AMERICAN SOCIEYT FOR TESTING AND MATERIALS (ASTM)

ASTM-D-3591 – Standard Practice for Commercial Packaging (Application for copies should be addressed to: American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.)

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA-70-1987 – National Electrical Code (Applications for copies should be addressed to: National Fire Protections Association, Batterymarch Park, Quincy, MA 02269.)

2.3 Order of Precedence. In the event of conflict between the test of this specification and the references sited herein, the text of the specification shall take precedence. However, nothing in this specification shall supersede applicable laws and regulations unless a specific exemption has been obtained.

3.0

REQUIREMENTS.

3.1 Liquid Nitrogen

3.1.1 Buyer is to provide Code 130S Technical a copy of the proposal contract prior to award for review. The Contractor shall have the tank in place on June 7, 2014 with no interruption to the Laboratory. If tank is not in place by June 7, 2014, contractor will provide Technical Bulk Refrigerated Liquid Nitrogen, Type II, Class I, Grade B outside of building V-61, Naval Station Norfolk, Norfolk, VA until the tank is operational.

3.1.2 Contract requirement is for deliveries of liquid nitrogen, on a weekly basis, unless otherwise requested by the Government point of contact (to be provided at time of award) to Mid-Atlantic Laboratory, Building V-61, located at Norfolk Naval Station, Norfolk, VA 23511. The contractor shall respond to the request for an additional delivery within 24 hours of government notification. The terms of this contract requirement shall be from June 7, 2014 through June 6, 2015 with four optional years.

3.1.3 The contract requirement is not to exceed a total of 50,000 gallons . The contractor shall make weekly deliveries. The quantity of nitrogen listed within this solicitation is an estimate and shall not be exceeded without the prior approval of a contracting officer. The Government shall only invoice for the actual amount of liquid nitrogen delivered under the contract period. Prior to payment invoices will be certified/verified by a designated representative (to be provided at the time of award).

3.2 Liquid Oxygen

3.2.1 Buyer is to provide Code 134 Technical a copy of the contract 30 days prior to award for review. The Contractor shall have the tank in place on June 7, 2014 with no interruption to the Laboratory. If tank is not in place by June 7, 2014, contractor will provide Refrigerated Liquid Oxygen outside of building V-61, Naval Station Norfolk, Norfolk, VA until the tank is operational.

3.2.2 Contract requirement is for deliveries of refrigerated liquid oxygen, on a weekly basis, unless otherwise requested by the Government point of contact (to be provided at the time of award), to Mid-Atlantic Laboratory, Building V-61, located at Norfolk Naval Station, Norfolk, VA 23511. The oxygen shall be used for aviator breathing oxygen and shall conform to the requirement of MIL-PRF-O-27210G for Type 1 Purity (99.5% oxygen by volume). The terms of this contract requirement shall be from June 7, 2014 through June 6, 2015 with four optional years.

3.2.3 The contract requirement is not to exceed a total of 30,000 gallons. The contractor shall make weekly deliveries. The contractor shall respond to the request for an additional delivery within 24 hours of government notification. The quantity of oxygen listed within this solicitation is an estimate and shall not be exceeded without the prior approval of a contracting officer. The Government shall only invoice for the actual amount of liquid oxygen delivered under the contract period. Prior to payment invoices will be certified/verified by the appointed government representative (to be provided at the time of award).

3.2.4 Special Note: Prior to filling the tank, oxygen shall be tested by the Mid-Atlantic Test Laboratory located in Bldg. V-61, Naval Station Norfolk, Norfolk, VA. The liquid oxygen will be tested in accordance with the criteria set-forth in MIL-PRF-O-27210G, Para. 3.2 and 3.3 in order to verify the purity.

3.2.5 The Government reserves the right to refuse any delivery which, after being tested by qualified government personnel, does not conform to the requirements of Type 1 Purity as set-forth in MIL-PRF-O-27210G.

3.3 Rental Tanks Two (2) 3,000 Gallon (gal).

3.3.1 The contractor shall provide rental of two 3,000 gallons one for liquid nitrogen and one for liquid oxygen (Oxygen Tank with 24" stanchions) storage tank. The rental period shall be from June 7, 2014 through June 6, 2015 with four optional years. The contractor's price shall include the cost of delivery, set-up and removal of the tank after rental period. (See Note below)

General Information:

Deliver Point:

Mid-Atlantic Material Test Laboratory

Building V61

Norfolk Naval Station

Portsmouth, VA 23511

Point of Contact:

To be provided at award

Period of Performance:

August 7, 2014 through August 8, 2015

With four optional years.

3.3.1.2

SPECIFICATIONS FOR TANKS

DESCRIPTION/SPECIFICATION OF TANKS

Specs for 3000 GL High Pressure Tank

Height - 18 feet, 9 inches

Width - 7 to 8 feet diameter

Net evaporation 0.5% per day

Working pressure - 100 psig

(with vaporizer)

Specs for 3000 GL Tank

Height - 16 feet

Width - 8 feet

3.3.2 The vendor shall install tank, provide adequate instructions for adjusting/regulating nitrogen/oxygen outlet pressure, and provide maintenance to ensure continuous operations.

3.3.3 Contractor shall have a technician available on a 24-hr a day basis to response to trouble calls (equipment failure etc.). The Government shall not be accessed charges for routine maintenance calls. Contractor's technician shall respond within four (4) hours notification by the shipyard point of contact under emergency conditions (determined by the Government); next working day for non-emergency.

3.3.4 Tanks. It is in the best interest of the government to lease a tank instead of purchasing a new tank. With a lease the maintenance and upkeep would be the responsibility of the contracting company. Additionally, leasing would give the government the opportunity to terminate should the requirement is no longer be needed.

3.3.5 Maintenance of the Nitrogen/Oxygen Tanks and Dual Pumping Stations, single pumping station and tank is the responsible of the vendor.

3.4 Rental of Automatic Dual Pumping Station

3.4.1 The pumping system shall be a dual pump, integral skid mounted system. The pump starters shall be dual combination reversing with dual pump rollover in case of single pump failure. Dual redundant high pressure safety switches and current sensors for anti-cavitation protection will also be required. A microprocessor based controller will be required to control start-up, reversing, cool-down and alarming in the event of pump malfunction. Costs for labor to set aside the old system, fabrication of piping, valves and brackets, crane cost and rigging at both origin and destination, lifting plans (if required), transportation and freight shall be the responsibility of the supplier. Norfolk Naval Shipyard shall provide all electrical disconnect and installation services. The rental period shall be from June 7, 2014 through June 6, 2015 with a four optional years. The pumping systems will be required which are specifically designed for pumping cryogenic nitrogen for conversion to nitrogen gas for filling 3500 PSI (pounds per square inch) storage vessels. Flow rate must be at least 0.5 GPM. Pumping system must include motor, electrical controls, surge chamber, relief valve and pressure switch. Accessories for the nitrogen pumps are 2 ft. (24 inches) extensions for the 3000 gal tank a liquid hose to fill dewars on site measuring 25 foot of 1 ½ inch diameter fill hose. The pumps, 2 skid mount pumping systems, switchover, anti-cavitation totally enclosed.

3.4.2 Dual Pumping Station. It would be more cost effective in the government interest to lease of a Pumping Station and Automatic Control System over the purchasing of the pumping system. With leasing the maintenance would be performed by the contracting company.

3.5 Rental of a Single Stage Pumping Station.

3.5.1 A single pump system will be required Cold end assembly and drive end assembly with drive pulley are specifically designed for pumping cryogenic oxygen for conversion to oxygen gas capable of pressurizing gaseous oxygen to 2400 psi (pounds per square inch). Flow rate (volume pumped): 0.8 GPM minimum. Pressure relief valve and pressure gage/switch. Contractor shall provide all necessary tubing, fittings, etc. to adapt pump system to the existing LOX tank and convertor, or tank and convertor provided by contractor. Cleanliness all assemblies/components must be free of oily residue and must be labeled "Oxygen Clean" or "Cleaned for Oxygen Service. The contractor shall provide emergency repairs, within 24 hours, when required to support customer needs. Routine service/repairs will need to be scheduled at a minimum, 3 days in advance, to minimize down time and impact to customers minimum.

3.5.2 Single Pumping Station. It would be more cost effective and in the government interest to lease of a Pumping Station Control System over the purchasing of the pumping system. With leasing the maintenance would be performed by the contracting company.

3.6 General. The Navy’s Aviators’ Breathing Oxygen (ABO) Program is located at Naval Station Norfolk, Bldg. V61, Norfolk, VA. This program provides ABO to aircraft using the airfield at Naval Station, Norfolk. A Liquid Oxygen Pump with Cold End and Drive End Assemblies will be needed with the following requirements:

3.7 Physical Requirements: The pump will include a cold end assembly and drive end assembly with drive pulley, motor pulley, belt, plate gasket and key. Shaft side to the left when standing over the cold end facing the drive end. Pump must be shipped assembled with the piston clearance set.

Flow rate:

Volume pumped: 0.8 GPM minimum

Accessories:

Pressure relief valve: set at minimum of 2400 psi

Pressure gauge: set at minimum of 2400 psi

Cleanliness Requirements: All parts and components associated with the LOX pump assembly must be free of oily residue and labeled "oxygen clean" or "cleaned for oxygen service.” All assemblies must be free from oily residue and must be labeled “Oxygen Clean” or “Cleaned for Oxygen Service”.

3.8 Installation. The vendor shall provide complete and total installation of the Autosampler and Concentrator and attach all accessories. Installation of the required utilities shall be the responsibility of the Government. Connection to the utilities and any required hardware or other connection devices shall be the responsibility of the vendor. The Centurion WS Purge and Trap Autosampler and Encon Evolution Concentrator shall be a turn-key operating system.

3.9 Training. Upon completion of installation, the contractor shall provide at a minimum of (2) days of onsite training for qualified Chemist in the set-up, proper operation, care and maintenance of the autosampler and concentrator system provided.

4.0

QUALITY ASSURANCE PROVISIONS

4.1 Responsibility for Inspection. Unless otherwise specified in the contract or purchase order, the contractor is responsible for the performance of all inspection requirements (examinations and tests) as specified herein. Except as otherwise specified in the contract or purchase order, the contractor may use his or her own or any facilities suitable for the performance of the inspection requirements specified herein, unless disapproved by the government. The government reserves the right to perform any of the inspections set forth in this specification where such inspections are deemed necessary to ensure supplies and services conform to prescribed requirements.

4.1.1 Responsibility for Compliance. All items shall meet all requirements of Sections 3 and 5. The absence of any inspection requirements in the specification shall not relieve the contractor of the responsibility of ensuring that all products or supplies submitted to the government for acceptance comply with all requirements of the contract.

4.2 Methods of Inspections.

4.2.1 Operational Test. The system provided shall be tested by the receiving activity personnel under the observation of the contractor to verify proper operation in accordance with the requirements of this specification. Satisfactory completion of all testes is inherent in the specification and any cost associated in the correction of any defects shall be the responsibility of the vendor. The system provided will be operated for a minimum period of 8 hours without the need for correction of any defects. Proper operation and function of the system and its controls, and other associated accessories shall be verified during this trial period.

4.2.2 Examination. The equipment provided will be visually and physically examined for design construction, material construction, material components, electrical equipment, workmanship, form, fit and function to determine compliance with the requirements of this specification.

5.0

PREPARATION FOR DELIVERY

5.1 Preservation, packaging and packing will be level C defined as complying with the Contractor’s commercial practice for shipment of material on a domestic basis that will ensure acceptance by the carrier.

6.0

GENERAL

6.1 A sight visit is highly encouraged. Sight visits must be pre-arranged through Mr. Anthony Grasso, Code 134.4, email Anthony.grasso@navy.mil, Phone (757) 444-2761 and the Contract Specialist Kristen Cote, Code NMAB.3C, email kristen.cote@navy.mil, phone (757)396-0459.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

08-AUG-2015

BLDG V61

9349 4TH AVE

NORFOLK VA 23511

N42158

08-AUG-2015

N42158

08-AUG-2015

N42158

08-AUG-2015

N42158

08-AUG-2015

N42158

08-AUG-2015

N42158

08-AUG-2015

N42158

08-AUG-2015

N42158

08-AUG-2016

N42158

08-AUG-2016

N42158

08-AUG-2016

N42158

08-AUG-2016

N42158

08-AUG-2016

N42158

08-AUG-2016

N42158

08-AUG-2016

N42158

08-AUG-2016

N42158

08-AUG-2017

N42158

08-AUG-2017

N42158

08-AUG-2017

N42158

08-AUG-2017

N42158

08-AUG-2017

N42158

08-AUG-2017

N42158

08-AUG-2017

N42158

08-AUG-2017

N42158

08-AUG-2018

N42158

08-AUG-2018

N42158

08-AUG-2018

N42158

08-AUG-2018

N42158

08-AUG-2018

N42158

08-AUG-2018

N42158

08-AUG-2018

N42158

08-AUG-2018

N42158

08-AUG-2019

N42158

08-AUG-2019

N42158

08-AUG-2019

N42158

08-AUG-2019

N42158

08-AUG-2019

N42158

08-AUG-2019

N42158

08-AUG-2019

N42158

08-AUG-2019

N42158

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

(End of clause)

PROHIBITED PACKING MATERIALS (DLA MARITIME-NORFOLK AND PUGET SOUND)

The following packing materials are prohibited: asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material), and loose fill polystyrene. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material.

(End of Clause)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

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

1. Lowest Price Technically Acceptable

2. Past Performance

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013) ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern--

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

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

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

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

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

(Offeror to identify the applicable paragraphs at (c) through (n) 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 on ORCA.]

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

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

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

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

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

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

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

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

(i) It ___ is, ___ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ballot] is, [ ___ ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It [ ___ ballot] is, [ ___ ballot] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ballot] is, [ ___ ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

(10) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

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

(i) General. The offeror represents that either--

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

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

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ___ .)

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)

(The offeror shall check the category in which its ownership falls):

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Certifications and representations required to implement provisions of Executive Order 11246—

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--Supplies, is included in this solicitation.)

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

(2) Foreign End Products:

(List as necessary)

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

(g)(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

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…