SPMYM1-15-Q-0091.doc
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- KNIFE CUTTING MACHINE Federal contract opportunity
- Solicitation number
- SPMYM1-15-Q-0091
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Solicitation SPMYM1-15-Q-0091
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Section SF 1449 - CONTINUATION SHEET
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
N4215850710151
FFP
GASKETT CUTTER
EQUIPMENT DESCRIPTION: The equipment shall consist of three (3) axis CNC controls. The equipment shall be operable under control of the CNC. Must be capable of cutting gaskets in their various forms (6mm Compressed & Tang Graphite Included) and Rubber and it's by-products up to 25mm in thickness.
FOB: Destination
MILSTRIP: N4215850710151
PURCHASE REQUEST NUMBER: N4215850710151
PROJECT: YY9
NET AMT
ORDERING DATA SPECIFICATIONS
COMPUTER NUMERICAL CONTROL KNIFE CUTIING SYSTEM TECHNICAL ORDERING DATA SPECIFICATIONS
1. SCOPE OF WORK
1.1. This scope covers the requirements for ordering, a Computer Numerical Control (CNC) Knife Cutting
System and all tooling required to provide an efficient operating system. This system will be used to cut an assortment of different material.
1.2. Installation of the purchased knife cutting system at Norfolk Naval Shipyard, Portsmouth, VA.
1.3. Contractor shall provide training and technical manuals as explained as herein this specification.
1.4. Contractor shall contact: To be given at time of award
1.5. Second Point of Contact for Norfolk Naval Shipyard: To be given at time of award
2. EQUIPMENT DESCRIPTION: The equipment shall consist of three (3) axis CNC controls. The equipment shall be operable under control of the CNC. Must be capable of cutting gaskets in their various forms (6mm Compressed & Tang Graphite Included) and Rubber and it's by-products up to 25mm in thickness.
3. SALIENT CHARACTERISTICS: The equipment will have the following salient characteristics:
3.1. Table:
3.1.1.
Table size-minimum of 60"x 60"
3.1.2.
Vacuum Table shall have multiple working zones, which can be independently activated.
3.1.3.
Vacuum pump shall be adjustable to conserve energy.
3.1.4.
Table Load Capacity- minimum 125 lbs.
3.1.5. Table shall be able to cut sheet sizes ranging from 1'X 1' to 5' X 5'
3.1.6.
Table shall be able to hold different size materials in different work zones simultaneously.
3.2. Minimum Travels:
3.2.1.
X axis 48"
3.2.2.
Y axis 48"
3.3. CNC Features:
3.3.1.
Simultaneous 3-axis linear and circular interpolation
3.3.2.
10" (minimum) color flat panel display
3.3.3.
Absolute and incremental programming
3.3.4.
Inch and metric programming
3.3.5.
Lenses for point acquisition and shape or layout automatic repositioning
3.3.6.
Feed rate override
3.3.7.
Mathematical functions including arithmetic and trigonometric
3.3.8.
DXF file input
3.3.9.
Maintenance diagnostic routines embedded in system
3.3.10. Automatic nesting for material saving, in off-line or in-line mode.
3.3.11. High Brightness Overhead Projection System: The overhead projectors allow for a clear visualization of parts and commands on all materials.
3.3.12. CD Rom input
3.4. Multi-tool cutting head:
3.4.1.
Multi-tool cutting head speed minimum of 60m/min
3.4.2.
Shall be able to hold a Pneumatic oscillating knife chuck or fixed knife chuck size 40mm.
3.4.3.
Shall be able to hold a minimum of 2 Punching tools or kiss-cutting knife holder chuck size 20mm
3.4.4.
Multi-tool cutting head acceleration minimum of 1G
3.4.5.
X and Y axis must operate on a solid steel rack and pinion system
3.5. Performance:
3.5.1.
Shall be able to punch minimum of .8mm to 6mm holes
3.5.2.
Shall a minimum punching Frequency 3 Holes per Second
3.5.3.
Precision and repeatability, to within+/- 0.1mm
3.5.4.
Must be able to cut 1-2 layer steel inserted graphite, dense rubber, cross linked polyethylene foam, Kevlar, 6mm non-asbestos, tang graphite, cork, rubber, foam, fish paper and plastic
3.5.5.
Material must be able to be cut without being blocked, stripped or captured by plastic sheet on top of material.
3.5.6.
Must have the ability to total cut, score cut (partial depth cut) & kiss cut with one knife chuck.
3.6. Tooling:
3.6.1.
Shall be including in the bid proposal:
(2) 20mm Tool: Punching tool holder
(2) 20mm Tool: kiss-cutting knife holder
(1) 40mm Tool: Pneumatic oscillating knife chuck
(1) 40mm Tool: electric knife chuck
(1) 40mm Tool: fixed knife chuck
3.7. Utilities:
3.7.1.
Electrical: 460 VAC, 3 phase, 60Hz
3.7.2. Compressed Air: 90 PSIG, 1-4/IPS
3.7.3. Working Environmental: 35°F to 105°F, up to 100% relative humidity
4. QUALITY ASSURANCE:
4.1. Vendor must provide cutting samples performed at origin of multiple gaskets in one sheet of 1/4'' thick tang graphite and 1/4'' thick 1-2 layer steel inserted graphite using the type 2 gasket layout. NNSY can provide samples of material if needed. Attached are the gasket dimensions for performing the tests
4.2. Vendor must provide cutting samples performed at origin of multiple gaskets in one sheet of 1/16" and 1/32" thick soft rubber, 1/32"and 1/64" thick Fish paper and 1/16" thick garlock using gasket type 1 layout. NNSY can provide samples of material if needed. Attached are the gasket dimensions for performing the tests
4.3. Vendor must provide cutting samples performed at destination of multiple gaskets in one sheet of 1/4" thick tang graphite and 1/4" thick 1-2 layer steel inserted graphite using type 2 gasket layout. NNSY can provide samples of material if needed. Attached are the gasket dimensions for performing the tests
4.4. Vendor must provide cutting samples performed at destination of multiple gaskets in one sheet of 1/16" and 1/32" thick soft rubber, 1/32"and 1/64" thick Fish paper and 1/16" thick garlock using gasket type !layout. NNSY can provide samples of material if needed. Attached are the gasket dimensions for performing the tests.
5. TRAINING:
5.1. After satisfactory completion of acceptance testing of the system, the services of a qualified representative(s), who is a United States citizen of good standing and repute and proficient in the English language, shall be provided for specialized training to familiarize receiving activity personnel with the equipment and to help ensure reliable performance and maximum service life, during normal usage.
5.1.1.
The training shall be performed at the customer facility and shall be as stated in paragraphs 2.7.2 and 2.7.3 below.
5.1.2. Training shall occur between 7:30am and 3:30pm excluding weekends and any federal holidays.
5.1.3. The course shall utilize training manuals for each of the operator and maintenance training students, as-built drawings and manuals provided under this contract, and shall include both classroom and hands on portions.
5.1.4. All printed training aids shall be supplied at no additional cost to the government, and be in the English language.
5.2. Operator /Programmer On-Site Training:
5.2.1.
Training shall be provided at Norfolk Naval Shipyard.
5.2.2.
Training shall include preparation of part programs, and preparation of equipment for safe operation.
5.2.3.
The trainees shall be provided instructions for all aspects of machine operation.
5.2.4. Trainees shall be provided instruction for the care, use and operation of all attachments and accessories. Instructions shall also be provided for the interface between the CNC control and the existing 30 AutoCAD software.
5.2.5. Training shall be provided for three (3) operators/programmers.
5.2.6. The training period shall not be less than three (3) consecutive, eight (8) hour work days.
5.2.7. A training manual (which could be an additional operator's manual) shall be provided for each student.
5.2.8.
Maintenance Personnel (Electrical/Electronic).
5.2.8.1.
Maintenance training with respect to controls and related components shall include trouble-shooting and methods of correction should the equipment malfunction, with emphasis on minimizing equipment down time.
5.2.8.2.
Training shall be provided for two (2) electrical/electronic maintenance personnel.
5.2.8.3.
An electrical/electronic maintenance training manual shall be provided for each student. Training shall be timed for completion of the acceptance testing of equipment and shall be accomplished at the receiving activity.
5.2.8.4.
The training period shall not be less than one (1) eight (8) hour work day.
6. OPERATOR/ MAINTENANCE/ REPAIR MANUALS:
6.1. The equipment shall be furnished with two (2) hard copies and (2) CD's of the manufacturer's standard Operation, Maintenance, and Repair Manual(s).
6.1.1. The manuals shall include all mechanical and electrical schematics showing discrete components/block diagrams/wiring diagrams with inputs and outputs identified/system electrical interface documents and drawings for the specific model of all machine equipment/drives/controls supplied.
6.1.2. The information contained in the manual(s) shall reflect the unit and its components in the "as built" configuration.
6.1.3.
Maintenance section of manual must include but is not limited to:
a. Preventive Maintenance Schedule
b. List of Spare Parts
c. Safety Requirements and Hazards
6.1.4. The information contained in the manual(s) shall permit trouble shooting and repair of the equipment by journeymen level personnel.
6.1.5. The information contained in the manual(s) shall be in the English language.
6.1.6.
The information contained in the manual(s) shall be in imperial units of measure.
7. LIFTING AND HANDLING:
7.1. Installation Lifting Sketch: The Contractor shall provide a lifting sketch that shall identify the following in conformance with NAV P-307:
a. The weight of the load
b. The location of the center of gravity
c. The minimum capacity/length of slings
d. The minimum capacity of other standard rigging gear
e. The attachment (lifting) points for the load
f. Limitations on allowable orientations for any parts making up the lifting assembly
8. WORK RESTRICTIONS:
8.1. Parking- Vehicles and equipment required by the Contractor to complete this contract must be registered with Government Security.
8.1.1.
Vehicle passes and permits may be obtained through the Receiving Activity Point of Contact.
8.1.2.
Contractor vehicles must be marked on the outside with the company name or logo or both.
8.1.3.
Failure to comply will result in ticketing and/or loss of vehicle privileges.
8.2. Regular Working Hours- All work is to be performed during the receiving activity's regular work hours from 7:30 a.m. to 4:00 p.m., Monday through Friday except for Federal Holidays.
8.2.1.
If the Contractor desires to work on Saturdays, Sundays, holidays, or outside the regular or specified hours/days, the Contractor shall submit a request to the receiving activity POC for approval a minimum of two (2) working days prior to the anticipated work date.
8.2.2. In no event shall a Contractor carry on work outside the hours and days specified in the contract without prior approval.
8.3. Restricted Colors- This Government uses the colors magenta, yellow, red and blue to identify specially controlled materials.
8.3.1. The Contractor is specifically prohibited from using magenta, yellow, red or blue colored plastic wrapping materials or bags, tape, or other covering materials.
8.4. Radio Restrictions- Operation of privately owned citizens band or amateur radio equipment
(receive and transmit) within the geographic limits of the Government is prohibited.
8.4.1.
All radio equipment installed in privately owned motor vehicles must be turned off upon entering the Government premises.
8.4.2.
Privately Owned Personal Computers And Cellular Telephones -The use of privately owned personal computers and cellular telephones by contractor personnel at the receiving activity is restricted.
8.4.3.
Contractors requiring such devices in the performance of this contract shall obtain a copy of the applicable parts of this instruction from the Contracting Officer.
8.5. Photography/Recording- Contractor personnel are prohibited from having photographic equipment, tape recorders, or other recording devices in their possession while inside the Government Controlled Industrial Area (CIA).
9. PERSONAL HEALTH AND SAFETY:
9.1. Compliance With OSHA- All work described herein shall be performed in an industrial manufacturing area and shall be conducted under the guidelines of OSHA.
9.2. Contracting personnel shall perform all work in accordance with the latest OSHA rules and regulations issued by the Department of Labor, 29 CFR Parts 1910, 1915, and 1926 as applicable.
9.3. Prior to commencing work, the Contractor representative(s) shall meet in conference with the Site Manager, shop supervision, and other necessary Government personnel to discuss and develop mutual understandings relative to the administration of the Government Safety Program.
9.4. Safety Equipment- The Contractor shall provide their employees with all necessary personnel protective safety equipment during the performance of work on this contract.
9.4.1.
All contractor personnel shall have in their possession and shall properly wear OSHA approved personnel protective safety equipment (i.e. hard-hats, steel-toe safety shoes, safety glasses and hearing protection).
9.4.2.
The Contractor shall provide all appropriate safety barricades, signs, and signal lights required to properly isolate the area of work.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| UIC |
| 0001 |
| 26-AUG-2015 |
| 1 |
| NORFOLK NAVAL SHIPYARD |
NO POINT OF CONTACT (RECEIVING DEPT)
RECEIVING OFFICER
BLDG 276
PORTSMOUTH VA 23709-5000
FOB: Destination N42158
CLAUSES INCORPORATED BY REFERENCE
| 52.204-7 |
| System for Award Management |
| JUL 2013 |
| 52.204-13 |
| System for Award Management Maintenance |
| JUL 2013 |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| JUL 2015 |
| 52.204-17 |
| Ownership or Control of Offeror |
| NOV 2014 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| JUL 2015 |
| 52.209-2 |
| Prohibition on Contracting with Inverted Domestic Corporations--Representation |
| DEC 2014 |
| 52.211-14 |
| Notice Of Priority Rating For National Defense, Emergency Preparedness, and Energy Program Use |
| APR 2008 |
| 52.211-17 |
| Delivery of Excess Quantities |
| SEP 1989 |
| 52.212-1 |
| Instructions to Offerors--Commercial Items |
| APR 2014 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.233-1 |
| Disputes |
| MAY 2014 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.246-1 |
| Contractor Inspection Requirements |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| FEB 2014 |
| 252.204-7012 |
| Safeguarding of Unclassified Controlled Technical Information |
| NOV 2013 |
| 252.204-7015 |
| Disclosure of Information to Litigation Support Contractors |
| FEB 2014 |
| 252.211-7008 |
| Use of Government-Assigned Serial Numbers |
| SEP 2010 |
| 252.223-7006 |
| Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials |
| SEP 2014 |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| JUN 2013 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic (Nov 2014) |
| NOV 2014 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2012 |
| 252.225-7036 Alt I |
| Buy American--Free Trade Agreement--Balance of Payments Program--Alternate I (Nov 2014) |
| NOV 2014 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
CLAUSES INCORPORATED BY FULL TEXT
CONTRACTOR RETENTION OF TRACEABILITY DOCUMENTATION
(a) This clause applies whenever the Contractor is not the manufacturer of the item(s) to be furnished.
(b)(1) The Contractor shall retain evidence to document that items furnished under this contract conform to contract requirements. Evidence will generally include information tracing the items back to the manufacturing source or its authorized distributor. At a minimum, evidence shall be sufficient to establish the identity of the item, its manufacturing source, and conformance to the item description.
(2) Examples of traceability documentation include, but are not limited to, the following:
(i) Purchase order(s)/invoice(s) between manufacturer(s)/distributor(s), identifying part number (and/or technical data package (TDP) with revision level) and quantities;
(ii) Original equipment manufacturer (OEM) or approved/qualified source’s packing slips, identifying part number (and/or TDP with revision level) and quantities;
(iii) OEM or approved/qualified source’s certification, identifying part number (and/or TDP with revision level) and quantities; and/or
(iv) OEM or approved/qualified source’s identifiable standard packaging, with part number (and/or TDP with revision level) cited on the package.
(3) The Contractor shall be responsible for the assurance of type, kind, count, and condition. Preservation, packing, packaging, and marking shall be in accordance with contractual requirements.
(4) The Contractor shall provide documentation of traceability for review—
(i) Upon request by the Contracting Officer at any time prior to or after award;
(ii) At time of Government source inspection, if applicable; and/or
(iii) During random or directed post-award audits.
(5) The Contractor shall retain documentation in accordance with this clause for 5 years after final payment under this contract.
c) The Offeror/Contractor shall provide documentation of traceability for review—
(1) Upon request by the Contracting Officer at any time prior to or after award;
(2) At time of Government source inspection, if applicable; and/or
(3) During random or directed post-award audits.
(d) Traceability documentation shall, at a minimum, include the following:
(1) If the Offeror/Contractor is an authorized dealer/distributor for an approved source for the specific item being procured by the Government, the following requirements apply:
(i) The Offeror/Contractor shall maintain at least one of the following:
(A) A copy of its current dealer/distributorship agreement;
(B) A letter of authorization from the approved source; or
(C) A link to an official website maintained by the approved source, which shall clearly identify the Offeror as an authorized dealer/distributor.
(ii) By submission of documentation described in subparagraph (d)(1)(i) of this clause, the Offeror/Contractor represents that:
(A) The dealer/distributor relationship with the approved source applies to the specific item being procured by the Government; and
(B) If the Contractor’s dealer/distributor status with the approved source changes after award, the Contractor shall promptly notify the Contracting Officer. Failure to provide such notification is grounds for cancellation of award or termination for default/cause, as applicable.
(2) If the Offeror/Contractor is not an authorized dealer/distributor for an approved source for the specific item being procured by the Government, the following requirements apply:
(i) If the Offeror/Contractor identified the offered item as “not in stock/not currently owned by the Offeror" or "not yet manufactured," the Offeror/Contractor shall—
(A) Maintain a verifiable quotation from the approved source, or from an authorized dealer/distributor for the approved source.
(B) Include the following information in its quotation:
(1) The item part number or designation, which shall be provided in sufficient detail to document that the item being quoted is the same as the item being procured by the Government;
(2) The quantity, which shall be sufficient to satisfy the solicitation requirement;
(3) The unit price quoted by the approved source, or by the authorized dealer/distributor for the approved source;
(4) The date of the quotation; and
(5) The name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source.
(C) The quotation shall be on the letterhead of the approved source, or of an authorized dealer/distributor for the approved source; or an electronic quotation, which shall be clearly identifiable as coming to the Offeror/Contractor from the approved source, or from an authorized dealer/distributor for the approved source.
(D) If the offered items are obtained from an authorized dealer/distributor for the approved source, the Offeror/Contractor shall maintain the information described in subparagraph (d)(1)(i) of this clause to document the authorized dealer/distributor arrangement; and the terms in subparagraph (d)(1)(ii) of this clause shall apply.
(ii) If the Offeror/Contractor identified the offered item as “shipped” or “in stock/currently owned by the Offeror,” the following requirements apply:
(A) The Offeror/Contractor shall maintain one of the following documents:
(1) The invoice received by the Offeror/Contractor from the approved source, or from an authorized dealer/distributor for the approved source; or
(2) The packing slip that accompanied the shipment to the Offeror/ Contractor from the approved source, or from an authorized dealer/distributor for the approved source. The packing slip shall include a packing slip number. (If no packing slip number was provided, the Offeror/Contractor shall obtain and maintain written documentation from the approved source, or from the authorized dealer/distributor for the approved source, verifying the packing slip number. Such documentation shall include the name and address of the approved source, or of the authorized dealer/distributor for the approved source; the date of the correspondence; and the name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source, who provided the information.)
(B) The documentation furnished in accordance with subparagraph (c)(2)(ii)(A) of this clause shall include the following:
(1) Date;
(2) the name and address of the approved source, or of the authorized dealer/distributor for the approved source;
(3) the name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source;
(4) the item part number or designation, which shall be provided in sufficient detail to document that the item provided to the Contractor is the same as the item being procured by the Government;
(5) the quantity, which shall be sufficient to satisfy the solicitation requirement;
(6) the unit price charged by the approved source, or by the authorized dealer/distributor for the approved source; and
(7) the Offeror’s/Contractor’s name and address.
(C) If the offered items are obtained directly from an authorized dealer or distributor, the Offeror/Contractor shall maintain the information described in subparagraph (d)(1)(i) of this clause to document the authorized dealer/distributor arrangement; and the terms in subparagraph (d)(1)(ii) of this clause shall apply.
(3) If the offered items are not obtained directly from an approved source, or from an authorized dealer/distributor of an approved source, the Offeror/Contractor shall maintain documentation, as described in subparagraph (d)(2) of this clause, sufficient to establish the complete line of ownership or distribution from the approved source, or from an authorized dealer/distributor for the approved source, to the Offeror/Contractor.
(e) The Contracting Officer determines the acceptability and sufficiency of documentation or other evidence, at his or her sole discretion. If the Contracting Officer finds the evidence to be unacceptable, or if the Contractor fails to retain or provide the requested evidence, the award may be cancelled or contract may be terminated for cause/default, as applicable.
(f) At the Contracting Officer’s discretion, documentation of traceability provided by the Contractor, in accordance with provisions in the solicitation and/or clauses included in this contract, may be used to determine the acceptability of documentation retained in accordance with this clause.
(g) Notwithstanding any documentation provided by the Offeror prior to purchase order issuance/contract award, the Government reserves the right to require additional documentation attesting to the authenticity of the material at any time before or after contract delivery.
(h) If the solicitation states inspection and acceptance shall take place at destination, the Government reserves the right to change the place of inspection and acceptance to origin and to invoke 52.246-9004, Product Verification Testing, at time of award, with no increase in the awarded unit price.
(i) The Contractor shall be responsible for the assurance of type, kind, count, and condition. Preservation, packing, packaging, and marking shall be in accordance with contractual requirements.
(j) The Contractor shall retain documentation in accordance with this clause for 5 years after final payment under this contract.
(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 (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1. TECHNICAL – Vendors shall provide descriptive literature.
2. PRICE
(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 (MAR 2015) ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) 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, 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) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”
(2) Foreign End Products:
| LINE ITEM NO. |
| COUNTRY OF ORIGIN |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
| LINE ITEM NO. |
| COUNTRY OF ORIGIN |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
| LINE ITEM NO. |
| COUNTRY OF ORIGIN |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Canadian End Products:
Line Item No.:
[List as necessary]
(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':
Canadian or Israeli End Products:
| Line Item No.: |
| Country of Origin: |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
| Line Item No.: |
| Country of Origin: |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products
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