W15QKN22Q5101 Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W15QKN22Q5101 01-Aug-2022

b. TELEPHONE NUMBER

609-562-2691

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 17 Aug 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W15QKN9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

EMELDA LONG

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011796365

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CONTRACTING COMMAND

5418 S. SCOTT PLAZA

JOINT BASE MDL NJ 08640

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W13GPY 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

USAG FORT DEVENS

US ARMY GARRISON FORT DEVENS

30 QUEBEC ST. BOX 10

DEVENS MA 01434

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

335999

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF48

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W15QKN22Q5101

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS TO OFFERORS

THIS REQUIREMENT IS 100% SMALL BUSINESS SET-ASIDE

1. The United States Army Contracting Command – New Jersey (ACC-NJ) on behalf of Directorate of Public Work

(DPW), US Garrison Fort Devens MA has a new requirement for the purchase of LED Lighting and Associated

Equipment (Brand Name or Equal), Project Number PWF-01801-0P, as outlined in the Specification of Work

(SOW). The North American Industry Classification System (NAICS) code that applies to the principal nature of the acquisition: 335999, All Other Miscellaneous Electrical Equipment and Component Manufacturing.

Specification of Work will provide line items description and details of the requirement.

2. The Government intends to award a single, firm-fixed price contract. Delivery date for the LED Lighting and

Associated Equipment shall be within 45 days after receipt of contract.

3. Contractor must be registered in System for Award Management (SAM) to be considered for award. To obtain information on SAM or to register with SAM visit the web site at: https://www.sam.gov

4. See Federal Acquisition Regulation (FAR) Clause 52.212-1, “Instructions to Offerors—Commercial Items” for additional information.

5. Questions shall be in writing and emailed to the Contract Specialist, Emelda Long, Emelda.long.civ@army.mil and the Contracting Officer, Jeffrey L. Zeichner, jeffrey.l.zeichner.civ@army.milspecify the section or paragraph of the SOW for which the clarification is desired. Questions are due no later than 4 August 2022, 10:00Am EST. No responses to questions after this date. No telephonic calls will be taken since we are working remotely.

6. All offers shall include the following:

a. Pricing breakdown sheet - must include quantity; unit price and total price. (sample breakdown sheet attached 0001)

b. Offers quoting or equal must identify brand name or equal on the specifications/items being provided to include the model number; manufacturer, etc. This will assist in evaluating the proposal to determine technical acceptability in accordance with the SOW. Failure to provide this information could determine your proposal to be non-responsive and not evaluated.

c. Provide Cage Code, DUNS Number/UIC number and business size under the NAICS code of 335999.

d. All offerors quotes shall remain valid for 90 days.

7. BASIS FOR AWARD/EVALUATION CRITERIA – REFER TO EVALUATION COMMERCIAL

ITEMS – FAR 52.212-2

A single award may be made as a result of this Solicitation. Award shall be made to the responsible, responsive offeror whose proposal meets the specifications as defined in the SOW and whose price is lowest in price and technically acceptable. Technical consists of meeting all of the requirements of the SOW.

The Past Performance Information Retrieval System and Federal Awardee Performance & Integrity Information

Systems as well any other Government-sponsored information available may be utilized to help make a responsibility determination in accordance with FAR Subpart 9.104.

https://www.sam.gov/ mailto:Emelda.long.civ@army.mil mailto:jeffrey.l.zeichner.civ@army.mil

Project No. PWF-01801-0P Purchase LED Lighting & Associated Equipment

USAG Fort Devens Devens MA 01434

SPECIFICATIONS

LED LIGHTING AND ASSOCIATED EQUIPMENT

SOUTH POST LED LIGHTING

PART 1

1.1 GENERAL

Lighting systems in various buildings require lifecycle replacement to more efficient LED systems. The contractor shall provide the LED lighting fixtures, fixture integrated controls, standalone occupancy sensor controls, LED lamps, and start-up support as listed here within. These items are being purchased as a lot as listed on the Bill of Materials.

This is a material-only project, all installation will be performed by Fort

Devens in-house labor. Equipment needed to install the fixtures is limited to those items specifically identified in the model # within the bill of materials.

Product 2.2.3 is eligible for distributor-level incentives through the utility sponsored MassSave Program, as the installation location is served

National Grid Electric. Fort Devens shall provide the necessary National

Grid account information upon request.

1.2 SUBMITTALS

Product Data

Prior to ordering equipment, submit manufacturer product and performance data, installation instructions, operations and maintenance instructions, and warranties for each item listed in the Bill of Materials. Owner shall complete submittal review within 5 business days of submission.

PART 2 PRODUCTS

2.1 General Equipment Requirements

All new LED fixtures, fixture retrofit kits, and LED lamps are required to be listed by the Design Lights Consortium,and must meet DLC Technical requirements for Indoor luminaires or Indoor Retrofit Kits.

All LED fixtures, fixture integrated controls, and LED lamps must come with a minimum manufacturer’s equipment warranty of 5 years, and shall be UL Listed.

The warranty is for materials only and does not include labor for replacement of defective product.

2.2 Bill of Materials (LOT)

Item Qty Manufacturer and Model #

2.2.1 41

METALUX BAA-VHB-24-W-UNV-L840-CD-SVPD3-U-HBAYC-CHAIN/SET/U

HIGH BAY LED FIXTURE WITH INTEGRATED OCCUPANCY SENSOR AND

DIMMING CONTROL (OR EQUAL)

2.2.2 16

METALUX BAA-VHB-24-W-UNV-L840-CD-SVPD3-U-VHB-SPM HIGH BAY

LED FIXTURE WITH INTEGRATED OCCUPANCY SENSOR AND DIMMING

CONTROL (OR EQUAL)

2.2.3 16

METALUX BAA-SSLED-LD5-24-M-UNV-L840-CD-2-TCB/SHK=PC3/120-

SVPD3-U HIGH BAY LED FIXTURE WITH INTEGRATED OCCUPANCY

SENSOR AND DIMMING CONTROL (OR EQUAL)

2.2.4 4

COOPER LIGHTING ISHH-01 INTEGRATED SENSOR PROGRAMMING REMOTE

(OR EQUAL)

2.2.5 8

METALUX TAA-24-FPX-47-L840-HE LED FLAT PANEL FIXTURE 2’X 4’,

40K (OR EQUAL)

2.2.6 2

4WSNLED-LD4-44SL-F-UNV-L840-CD1-U WRAP-AROUND LED FIXTURE

(OR EQUAL)

2.2.7 1 LUMARK AXCS3ARL EXTERIOR LED FIXTURE (OR EQUAL)

2.2.8 220 ARCHIPLELAGO LIGHTING LT8F41541UE 4’ T8 LED Lamp (OR EQUAL)

2.2.9 10 ARCHIPLELAGO LIGHTING LT8F41541UE 2’ T8 LED Lamp (OR EQUAL)

2.2.10 1

WATTSTOPPER DT-300-U (DUAL TECHNOLOGY CELING MOUNT OCCUPANCY

SENSOR), WATTSTOPPER BZ-50-U (RELAY PACK) (OR EQUAL)

2.2.11 1

WATTSTOPER DW-100-W-U WALL SWITCH DUAL TECH OCC SENSOR (OR

EQUAL)

2.2.12 1

SIX (6) HOURS ON-SITE TRAINING IN TWO (2) THREE (3) HOUR

SESSIONS ON CONFIGURATION OF FIXTURE INTEGRATED CONTROLS

INCLUDED IN ITEMS 2.2.1, 2.2.2, 2.2.3, AND 2.2.4. TRAINING

SHALL BE BY MANUFACTURER’S REPRESENTATIVES WITH DETAILED

KNOWLEDGE OF THE PROJECT CONTROLS.

2.2.1 Linear High-Bay LED Lighting Fixtures and associated equipment

LED light fixture designed for high-bay application. Fixture requirements include:

Buy American Act preferred cULus listed for damp locations

-40°C to 55°C ambient environments with 0-10V drivers

RoHS compliant, and LED modules comply with IESNA LM-79 and LM-80 standards

DesignLights Consortium® Qualified and classified for DLC Standard and DLC

Premium

24,000 lumen package, minimum 80 Color Rendering Index (CRI), 4000K

Correlated Color Temperature (CCT)

Chain mounting kit

Integrated occupancy and daylight dimming sensor with 1200 sq ft coverage, suitable for 15-40’ mounting height. Integrated controls shall be capable of configuration via a hand-held remote control.

Controls shall be capable of high-level trim, daylight dimming, and bi-level dimming based on occupancy. Output levels for occupied, standby, and unoccupied shall be custom set using the remote configurator. No network lighting controls are permitted.

Minimum 5-year manufacturer’s material warranty

2.2.2 Linear High Bay LED Lighting Fixtures and associated equipment

LED light fixture designed for high-bay application. Fixture requirements include:

Buy American Act compliant

-40°C to 55°C ambient environments with 0-10V drivers

RoHS compliant, and LED modules comply with IESNA LM-79 and LM-80 standards

DesignLights Consortium® Qualified and classified for DLC Standard and DLC

Premium

24,000 lumen package, minimum 80 Color Rendering Index (CRI), 4000K

Correlated Color Temperature (CCT)

Single mounting point kit

Integrated occupancy and daylight dimming sensor with 1200 sq ft coverage, suitable for 15-40’ mounting height. Integrated controls shall be capable of configuration via a hand-held remote control.

Controls shall be capable of high-level trim at customized level,and bi-level dimming based on occupancy. Output levels for occupied, standby, and unoccupied shall be custom set using the remote configurator.

2.2.3 Round High Bay LED Lighting Fixtures and associated equipment

Buy American Act compliant

-40°C to 55°C ambient environments with 0-10V drivers

RoHS compliant, and LED modules comply with IESNA LM-79 and LM-80 standards

DesignLights Consortium® Qualified and classified for DLC Standard and DLC

Premium

24,000 lumen package, minimum 80 Color Rendering Index (CRI), 4000K

Correlated Color Temperature (CCT)

Single mounting point kit

Integrated occupancy and daylight dimming sensor with 1200 sq ft coverage, suitable for 15-40’ mounting height. Integrated controls shall be capable of configuration via a hand-held remote control.

Controls shall be capable of high-level trim, daylight dimming, and bi-level dimming based on occupancy. Output levels for occupied, standby, and unoccupied shall be custom set using the remote configurator.

This line item is eligible for distributor-level incentives through the utility sponsored MassSave Program, as the installation location is served

National Grid Electric. Fort Devens will supply all required electric account information upon request.

2.2.4 Handheld Remote Control for configuration of fixture integrated controls

Handheld infrared remote controller for programming of integral SVPD3 occupancy and dimming controllers on high bay fixtures in items 2.2.1 through Capabilities must include the ability to set:

Occ sensor delays and sensitivity

Daylight dimming control

Occupied, standby, and unoccupied light level settings, time delays

Network lighting control systems are not acceptable.

2.2.5 Flat Panel LED Fixture

TAA compliant

UL listed

DesignLights Consortium® Qualified and classified for DLC Standard and DLC

Premium

4700 lumen, 4000K CCT, minimum 80% CRI lumen package

Fixture depth less than 3”

Minimum 5-year material warranty

2.2.6 LED Wrap Around Fixture

TAA compliant

UL listed, suitable for damp location

Cold-rolled steel construction for fixture chassis

DesignLights Consortium® Qualified and classified for DLC Standard a

4400 lumen, 4000K CCT, minimum 80% CRI lumen package

2.2.7 Wall mount exterior LED floodlight

Buy American Act Compliant

UL listed for wet locations

Cast aluminum construction

DesignLights Consortium® Qualified and classified for DLC Standard and DLC

Premium

Refractive lens

Minimum of 140 lumens per watt

Equipped with integral photocell for dusk to dawn control

Knuckle mounting with ½” NPT threaded pipe

2.2.8 T8 LED lamp, ballast bypass, 4’

Compatible to Ballast (UL-A) and Bypass (UL-B) T8 retrofit applications, with UL0B being either single or double ended.

Compatible with both shunted and non-shunted lamp-holders

DesignLights Consortium® Qualified and classified for DLC Standard

Suitable for enclosed, dry, and damp locations

4100K CCT, minimum 80% CRI, minimum 1200 lumens

140 minimum lumens per watt

2.2.9 T8 LED lamp, ballast bypass, 2’

Compatible to Ballast (UL-A) and Bypass (UL-B) T8 retrofit applications, with UL-B being either single or double ended.

Compatible with both shunted and non-shunted lamp-holders

DesignLights Consortium® Qualified and classified for DLC Standard

Suitable for enclosed, dry, and damp locations

4100K CCT, minimum 80% CRI, minimum 1200 lumens

140 minimum lumens per watt

2.2.10 Ceiling mount occupancy sensor, dual technology, with relay

Buy American Act Compliant (occupancy sensor only)

360-degree sensing utilizing both ultrasonic and passive infrared (PIR) occupancy detection.

Coverage area up to 1000 square feet

Adjustable sensitivity, time delay

Walk-through mode with shorter delay

Auxiliary contracts for use

Relay pack for switching of line voltage loads, universal line voltage

2.2.11 Wall-mount occupancy sensor, dual technology

Buy American Act Compliant (occupancy sensor only)

180-degree sensing utilizing both ultrasonic and passive infrared (PIR) occupancy detection.

Adjustable sensitivity, time delay

Walk-through mode with shorter delay

Auto-on and manual-on operating mode options

2.2.12 Factory Trained Lighting Controls Start-up Support

Upon completion of the installation by others, provide two (2) sessions of up to three (3) hours each of training/start-up support for the fixture integrated controls in items 2.2.1, 2.2.2, 2.2.3, and 2.2.4.

Training/support will be provided by fixture manufacturer representatives for

Massachusetts with detailed knowledge of the controls’ configuration and operation.

Fort Devens will coordinate the first visit after new high-bay fixtures have been installed and powered in the first building; the second visit will be arranged after the remaining two buildings are completed.

-- End of Section --

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job LED Lighting Equipment

FFP

The Contractor will provide all materials, transportation, handling and, shipping associated with the provision of LED Lighting Equipment and Associated

Equipment.(BRAND NAME OR EQUAL) for various buildings on Fort Devens

South Post, Devens MA.The contractor shall provide the LED lighting fixtures, fixture integrated controls, standalone occupancy sensor controls, LED lamps, and start-up support as listed in the Specification of Work (SOW). These items are being purchased as a lot as listed on the Bill of Materials. This is a material-only project, all installation will be performed by Fort Devens in-house labor.

Equipment needed to install the fixtures is limited to those items specifically identified in the model # within the bill of materials. PLEASE BE ADVISED: If quoting equal products, provide model number; manufacturer information; etc for evaluation.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011796365

PSC CD: 5975

NET AMT

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 DODAAC /

CAGE

0001 45 dys. ADC 1 USAG FORT DEVENS

US ARMY GARRISON FORT DEVENS

30 QUEBEC ST. BOX 10

DEVENS MA 01434

FOB: Destination

W13GPY

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-17 Ownership or Control of Offeror AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.211-6 Brand Name or Equal AUG 1999

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2021

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-23 Assignment Of Claims MAY 2014

52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services

NOV 2021

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7006 Billing Instructions OCT 2005

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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 JAN 2021

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (AUG 2020)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA

Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

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

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

“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"--

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(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

(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 stock of which 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 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 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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) 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 for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part

19 in accordance with 19.000(b)(1)(ii). 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.

http://www.sam.gov/

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

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

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

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

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

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

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

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

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of

Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) 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 $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) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "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) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "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:

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--

Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the

United States that do not qualify as domestic end products.

Other Foreign End Products:

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). 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.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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 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 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:

(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:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

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

(2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2)for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals

Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection.