W81XWH19Q0259.docx

W81XWH19Q0259

Section B - Supplies or Services and Prices

UPS System

FFP

FOB: Destination

PSC CD: 6140

NET AMT

Installation

NET AMT

Contractor Manpower Reporting

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

Title: Uninterruptible Power Supply (UPS) System Update

Requiring Activity Name: Defense Health Agency Silver Spring Metro Center Once (DHA SSMC1)

1. Scope

This award is for the procurement of two new UPS units for the data center located in the Silver Spring, Maryland facility.

1.1 Background

The DHA J-9, Research and Development (R&D) IM/IT is responsible to assess, validate, oversee and facilitate prevention, resilience, identification, treatment, outreach, rehabilitation, and reintegration programs for psychological health (PH) and traumatic brain injury (TBI) to ensure the Department of Defense meets the needs of the nation's military communities, warriors and families. Sharing information and implementing advanced technology capabilities are essential to the successful delivery of quality healthcare and the optimization of DHA SSMC1 resources. DHA SSMC1 Data Center must maintain data integrity and ensure information is exchanged securely. It is DHA SSMC1’s goal to provide an advanced and robust Information Technology (IT) environment that supports a wide variety of business processes within the DHA SSMC1 business areas.

1.2 Objectives

This procurement will provide an upgrade and installation of DHA SSMC1 Uninterruptible Power Supply systems equipment at Silver Spring, Maryland 3rd floor Data Center. The Silver Spring 3rd floor Datacenter will require two new UPS systems to support the DHA SSMCI build data center and accommodation of five hundred plus users on multiple floors.

2.0 Service Support

To procure Uninterruptible Power Supply devices and installations services that includes but not limited to unpacking, inventorying, connecting cabling/connectors, configuring and testing the following list of materials:

Major Equipment Descriptions:

Two (2) 60kVA Data Center Room UPS’s shall have the following characteristics:

1. Shall have a System Input Voltage of 480V, 60Hz, 3 Phase, 3 wire plus ground

2. Shall have a System Output Voltage of 208/120V, 3 Phase, 4 wire plus ground

3. Shall have a Fixed Capacity 60kVA UPS System

4. Shall have a 208V Native Output Voltage

5. Shall have a Single Input Configuration

6. Shall have One (1) Dual Protocol Card Monitoring that allows the configuration of products and environmental sensors through either a stand-alone Web UI or integration with other manufacturers monitoring systems such as Trellis™, Liebert Nform, LIFE™ Services, etc. Supports third-party management systems using SNMP, Modbus or BACnet.

7. Transformer-Free Architecture - Shall have a minimum efficiency of 95% in double conversion mode

8. Shall have a Unity Power Factor Rating

9. Shall have a Load Power Factor Support – Shall support at a minimum loads 0.5 lagging to unity without derating

10. Shall have an Energy Optimization Mode (Eco-Mode)

11. Shall have a 65kAIC Rating - Provides interrupting rating and labeling of 65kA

12. Shall have an Active Power Factor Corrected IGBT Input Converter

13. Shall have a PWM transistorized (IGBT) inverter

14. Shall have a Continuous Duty Static Bypass Switch

15. Input Contacts - Dry contacts are required for functions including monitoring external breakers, on-generator signal, and other functions

16. Output Contacts - Dry contacts are required for functions including a permissive signal to maintenance bypass SKRU, to trip external breakers, and other functions

17. Generator Load Control - Suppresses battery charging reducing power demand by an external signal. Shifts unit from Eco Mode to double conversion and synchronizes the inverter output with the bypass

18. Automatic retransfer - Shall provide return to inverter power after an overload

19. DSP based controls – Shall provide digital control of power conversion and system operation

20. Shall have a Backlit LCD display that monitors power conversion, UPS operation and utility conditions. Deviations are logged for troubleshooting

21. Temperature- Shall be Compensated Charging/Battery Load Test

22. Shall have a Top-and-bottom-entry cable access

23. Shall have a Front only service access

24. Shall have a Local Emergency Power Off (EPO)

25. All preventative maintenance services shall be included for the 1st year

26. Shall have casters and leveling feet

27. Shall have UL and cUL Listed to UL Standard 1778 4th Edition

The solution shall include Two (2) Battery Cabinet System(s), with the following features:

1. 20 min @ 60 kVA

2. 20 min: Run Time at Ordered KVA

3. BP-No Battery Monitoring

4. The batteries provided shall come with a 3 year full and 7 year prorated warranty

The solution shall include Two (2) Maintenance Bypass Cabinet(s), with the following features:

1. Shall have Three (3) Switching Devices (Bypass Input Breaker (BIB), Maintenance Bypass Breaker (MBB), and Maintenance Isolation Breaker (MIB)

2. Shall have a 300 Amp Breaker Trip Rating

3. Shall have a Key Interlock (SKRU)

4. 600 MM - 23.6 inches Frame Size

5. Shall have a 480V/ 208V Input Transformer

6. Shall have a Front Access service design

7. Shall have one (1) 400 Amp, 54 pole SqD bolt/plug-in panelboard

8. Shall have at a minimum Input Voltage of 480V, 60Hz, 3 Phase, 3 wire plus ground

9. Shall have at a minimum Output Voltage of 208/120V, 3 Phase, 4 wire plus ground

System Startup Services:

Shall be completed by a factory certified engineer after the UPS has been installed. This includes the following services for one UPS module: non-powered inspection, UPS electrical and operational checkout, full parts and labor for any remedial work required on the UPS or battery cabinets, and customer operation training. Startup also shall include remedial onsite labor, parts, and travel for the full one-year warranty period.

· Startup 24x7 will be scheduled at a designated time to be determined

· Maintenance Bypass Cabinet (MBC) / Bypass Distribution Cabinet (BDC)/Wallmount Panel Startup shall be included

2.1 Delivery of items identified above shall be made to the following location:

DHA Silver Spring-3rd Floor 1335 East West Highway Silver Spring, MD 20910

Name: Mr. Sean McBroom Title: Property Book Officer Address: 1335 East West Highway, Silver Spring, MD 20910 Voice: 301-295-8413

2.2 Period of Performance

Delivery shall be within 30 days After-Receipt-of-Order (ARO).

3.0 Installation and Additional Services

3.1 Architectural and Engineering Design

1. This project will need to be permitted in Montgomery County, MD, therefore, the vendor shall create a complete set of A/E plans suitable for permitting. The vendor’s work shall include minimal architectural design, as well as all electrical engineering required. The Government will supply load info rating for the raised flooring if necessary.

2. The design documents shall be provided to the Government to review and approve prior to submission to the County. To shorten the schedule, the vendor may need Government approval to release the UPS equipment prior to completion of the design.

3. Upon award, the Government will provide all available relevant building drawings to aid in the development of the permit plans.

4. Due to the size and design of the space, not all UPS systems may fit in the location. Verification of the dimensions of the location and against the dimensions of the UPS will be required.

3.2 Project Implementation: During Implementation the Contractor Shall provide the following services:

· Shall develop a mutually agreeable schedule that minimizes downtime of critical operations.

· Shall include delivery and installation at the Government location.

· For UPS #1/A, the existing wiring and 150 amp breaker is available for the new 60kVA UPS as it requires a minimum 125 amp breaker. However, if upon detailed inspection of the wiring and breaker it is determined that either or both cannot be used for the new UPS system the vendor will notify the government of this and advise of the additional cost required for the feeder and/or breaker and obtain approval in writing to proceed based on the additional cost impact provided.

· For UPS #2/B, vendor shall furnish & install (1) new 125 amp, 480 volt, 3 phase breaker in place of the current 60 amp breaker

· The feeders shall be placed in conduit

· For UPS #2/B, vendor shall furnish & install (1) new 125 amp, 3 phase feeder, approx. 50 feet

· Shall furnish & install (1) ground electrode connection per code, (50'). If the ground electrode connection is typically provided in an existing feed than it most likely is already there and will be used accordingly.

· Shall connect UPS Battery Bank to the UPS DC bus.

· Shall connect UPS output to the existing system.

· Shall make final connections to UPS equipment.

· Existing wall distribution panels will be available. However, not all the existing 19 feeds are split evenly as a A/B feeds between the two existing UPS Systems. Therefore, the proposal shall include relocating up to seven (7) feeds to ensure an A/B outcome and/or to redistribute the loads.

· All conductors shall be copper.

· Preliminary preparation work prior to UPS connection and switch over shall be performed during normal working hours, 6:00am to 2:30pm, Monday – Friday

· Removal of existing UPS System A (MGE System) shall be performed during off hours/weekend, as well as the installation and connection of the new replacement UPS System A.

· Removal of existing UPS System B (APC Silcon System) shall be performed during off hours/weekend, as well as the installation and connection of the new replacement UPS System B.

· Startup Services shall be provided by factory Certified Technician.

· Shall remove existing systems and install the new UPS systems which shall take place one at a time over different weekends.

· All work shall comply with all state, local code & manufacturer’s codes and recommendations.

· Shall provide all necessary materials for installation of new UPS systems and the UPS systems

· Labor shall be warranted for a period of 1 year from Start Up.

5. Shall leave jobsite clean and free of debris.

4.0 Organizational Conflict of Interest Category

This requirement does not fall within any of the three formal Organizational Conflict of Interest (OCI) categories (neither OCI Category 1, 2 nor 3).

5.0 Inspection and Acceptance

The Contracting Officer’s Representative (COR) is a Government official who has been delegated specific technical, functional and oversight responsibilities for this order. The COR (as designated in the COR appointment letter, issued by the Contracting Officer) is responsible for inspection and acceptance of all items, incoming shipments, documents, and services.

5.1 Acceptance Criteria

Certification by the Government of satisfactory goods or services provided is contingent upon the Contractor performing in accordance with the terms and conditions of the referenced agreement, this order, and all amendments.

DFARS 252.246-7000, Material Inspection and Receiving Report

5.2 Invoice Review

The COR may reject or require correction of any deficiencies found in the invoice or receiving report. In the event of a rejected invoice or receiving report, the Contractor must be notified in writing by the COR of the specific reasons for rejection.

5.3 Wide Area Workflow – Receipt and Acceptance

The Defense Federal Acquisition Regulation Supplement (DFARS) mandates end-to-end electronic processing of payment requests and supporting documentation such as receiving reports in cases where the contractor is able to submit a payment request in electronic form. If the terms of a contract call for a receiving report, Contractors are strongly encouraged to utilized Wide Area Workflow (WAWF) system to submit both electronic payment requests and receiving reports in accordance with DFARS 232.7004..Use of WAWF will allow for the submission of an invoice and receiving report as a combine form. This is the preferred method of processing electronic invoices and receiving reports within the TMA. When submitting documentation via WAWF, the contractor shall use the WAWF combo format.

Information regarding WAWF is available on the Internet at: https://wawf.eb.mil/. Prior to submitting the first WAWF electronic form for a given task order, Contractors should first coordinate with the assigned COR.

When initiating a Combo document within WAWF, vendors must use the appropriate two-part DCoE location code to include BOTH the Government Ship To Code / Extension (Ext) fields and the Local Processing Office (LPO) DoDAAC / Extension fields as displayed within the WAWF application and illustrated below:

Ship To Code / Ext. LPO DoDAAC / Ext.

HT0084 HT0084

6.0 DELIVERABLES

6.1 Delivery Address

All items shall be delivered to the addresses indicated in paragraph 2.1. Any equipment purchased in support of this requirement must be coordinated through the Defense Health Agency Property Office for property accountability.

6.2 Shipping

The Contractor shall make use of commercial best practices in the packing and shipment of packages, unless otherwise stated in this order. Offers may be submitted on the basis of either or both f.o.b. origin and f.o.b. destination and they will be evaluated on the basis of the lowest overall cost to the Government. Inside delivery required.

7.0 CONTRACT ADMINISTRATION DATA

7.1 Contact Information for Key Personnel

Technical Point of Contact

The Technical Point of Contact for this order is listed below:

Address: 1335 East West Hwy, Silver Spring MD 20910

7.2 Contract Type for this Order

Firm Fixed Priced

8.0 Contractor Manpower Reporting (CMR) - (Accounting for Contract Services) (APR 2011) (USAMRAA)

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including sub-contractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://cmra.army.mil. The required information includes: (l) Contract Number; (2) Delivery Order Number (If applicable); (3) Task Order Number (If applicable); (4) Requiring Activity Unit Identification Code (UIC); (5) Command; (6) Contractor Contact Information; (7) Federal Service Code (FSC); (8) Direct Labor Hours; (9) Direct Labor Dollars; and, (10) Location. In the event the Contracting Officer's Representative (COR)/Contracting Officer's Technical Representative (COTR) has not entered their data requirements first, the contractor must also enter the COR/COTR required data with the exception of fund cite, obligations, and disbursement data. The CMRA help desk can be reach at 703-695-5103 or 703-695-5058 for any technical questions. The help desk can also be contacted via email: contractormanpower@hqda.army.mil. As part of its quote or offer, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. The reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year.

9.0 CMR Reporting Certification: Contractor shall provide evidence of compliance with the CMR requirement no later than 31 October of each year. Failure to comply with this requirement may result in a negative rating on your annual past performance report.

10.0 Organizational Conflict of Interest Category

This requirement does not fall within any of the three formal Organizational Conflict of Interest (OCI) categories (neither OCI categories 1, 2 or 3).

11.0 Other Constraints/Considerations: Not Applicable

12.0 OTHER TERMS, CONDITIONS, AND PROVISIONS

12.1 Information Assurance

Not Applicable

12.2 Enterprise Architecture (EA)

Not Applicable

12.3 Performance Evaluation

Not Applicable

12.4 Section 508 Requirement

The Contractor shall comply with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). Specifically, the procurement, development, maintenance, or integration of electronic and information technology (EIT) under this contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at CFR part 1194.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

DIVISION CHIEF, BSO

J-9 BUSINESS SUPPORT OFFICE

DHA SILVER SPRING METRO CENTER ONE

SILVER SPRING MD 20910

HT0084

HT0084

HT0084

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

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

(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.

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

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

(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.

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

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

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

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

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

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents 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) 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:

(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:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

(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:

(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 $3,500 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. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

(2)…