A.07.23_-_W912DW18Q0047.pdf

SEE ADDENDUM

(No Collect Calls)

W912DW18Q0047 17-Jul-2018

b. TELEPHONE NUMBER

206-764-6573

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 07 Aug 2018

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 X 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.

W912DW9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

VINCENT E DANIELS

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

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

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

W68MD981163546

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

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

334511

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 OF46

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.

W912DW18Q0047

Section B - Supplies or Services and Prices

BID SCHEDULE (BASE ITEMS)

ITEM NO DESCRIPTION QTY UNIT U. PRICE AMOUNT

0001 Slope Stability Radar w/ Installation & Support 1 Job NA $________

Services as stated in the Scope of Work (SOW).

ITEM NO DESCRIPTION QTY UNIT U. PRICE AMOUNT

0002 Slope Stability Radar Monitoring 12 Month NA $________

Provide the following monitoring services for a duration of 12 months. This monitoring task shall begin no later than 24 hours after completion of radar installation.

Host all radar data on a website that will allow access by the Government via standard client web browser software (EG: Internet Explorer, Firefox, etc). Computing services shall be capable of storing all radar data for the life of the contract.

Provide all radar data to the Government annually on an external hard drive.

Technical assistance by a qualified geotechnical engineer or geologist in developing alarms and tracking their effectiveness.

24 hour per day, 7 days per week remote monitoring of slope movements and responding to alarms.

Submittal of monthly reports with details of the radar system operation and maintenance, data analysis, slope deformation, and alarm threshold effectiveness. Reports, at a minimum, shall include a 1-page summary of the radar data with discussion on thresholds, threshold development and effectiveness. Supporting graphical information and maps shall be provided showing the slope movements.

All radar satellite communications services fees.

0003 Advanced Geotechnical Training 1 Job NA $________

Provide two (2) days of advanced geotechnical on-site training at the USACE Seattle Office. At a minimum, training shall include radar measurement methods, slope movement theory, radar software use, data interpretation using Libby left abutment data, and development/assessment of alarms.

BID SCHEDULE (OPTIONAL ITEMS)

1001 (Option) Slope Stability Radar Support Services 12 Month NA $________

Provide the following radar support services for a duration of 12 months.

24/7 phone support for all technical, mechanical and communication questions or issues Checks of radar system health Radar data backup Licenses, updates, and patches for all software One annual maintenance site visit to occur prior to the winter season

1002 (Option) Slope Stability Radar Monitoring Services 12 Month NA $________

Provide the following slope monitoring services for a duration of 12 months.

Host all data on a website that will allow access by the Government via standard client web browser software (EG: Internet Explorer, Firefox, etc).

All radar data shall be provided to the Government annually on an external hard drive.

Technical assistance by a qualified geotechnical engineer or geologist in developing alarms and tracking their effectiveness.

24 hour per day, 7 days per week remote monitoring of slope movements and responding to alarms.

Submittal of monthly reports with details of the radar system operation and maintenance, data analysis, slope deformation, and alarm threshold effectiveness. Reports at a minimum shall include a 1-page summary of the radar data with discussion on thresholds, threshold development and effectiveness. Supporting graphical information and maps shall be provided showing the slope movements.

All radar satellite communications fees.

Section C - Descriptions and Specifications

SCOPE OF WORK

SCOPE OF WORK

Slope Stability Radar System

Supply with Installation & Support Services for Libby Dam Libby, MT

13 July 2018

1. BACKGROUND:

The left bank slope of the U.S. Army Corps of Engineers (USACE) Libby Dam in Libby, Montana consists of five major downslope-trending rock ribs whose stability is controlled by geologic structure. The most downstream of these ribs, along the left abutment of the dam, was undercut for highway construction in 1967.

This resulted in partial failure of the rib in 1971. Subsequent actions included tendoning of the remaining rock mass, installation of drains, and instrument monitoring of the slope.

The slope has been continuously monitored since 1971 using extensometers. Data indicate that there continues to be a steady, creep-like, down-slope movement of the remaining rock slope wedge from the 1971 slide (referred to as the DS+80 bedding plane and C joint wedge, see Figure 1). Creep rates range from 0.01 to 0.02 in/year (0.25 to 0.5 mm/year). The point at which the wedge will fail cannot be known. The primary danger of this unstable wedge is potential loss of life to highway travelers in the highway cut adjacent to the left abutment and visitors using the parking area.

Due to the aging instruments, monitoring problems such as faulty readings, lapses in data, and instrument damage are frequently encountered. In addition, existing instrumentation is not able to give real-time measurements that will provide notification of impending movement. A slope stability radar system has been selected to supplement existing instrumentation to allow continuous, real-time monitoring of slope deformation and allow notification of potential slope failures.

Due to current regulations and policies, the radar data cannot be downloaded and processed on the USACE network, and will require continuous real-time monitoring by the contractor.

2. DESCRIPTION OF SUPPLY:

Base Item 0001. Slope Stability Radar with Installation and Support Services

Contractor shall provide a slope stability radar system to remotely monitor the movement of the rock slope along the left abutment at Libby Dam and allow advanced warning of rock mass failure. The area required for monitoring is shown on Figure 2 of this Scope of Work.

Radar System: The Slope Stability Radar System must meet the following requirements:

Ground-based synthetic aperture radar system Long range monitoring capabilities up to 4 kilometers Accurately detects rock slope movements of less than 1 mm.

Scans at 5 minute or less intervals and allows real-time remote evaluation of slope movement.

Corrects movements for snow and ice accumulation on the slope.

Provides high resolution visual images of the slope from the selected installation location.

Includes software for processing radar data, visualization of displacements (graphical and map views), and allows configuration for movement notifications (i.e. alarms).

Functions throughout all weather conditions.

The radar system shall be protected from weather and vandalism.

Provide a backup battery that will allow data collection to continue for a minimum of 24 hours in the event of a power outage.

Provide Operations and Maintenance Manuals for the radar system and software.

Acceptance of Materials: Materials will be inspected at the delivery point prior to acceptance. Contractor shall be responsible for maintaining the product‘s condition as specified until the point of acceptance. Vendors shall supply the following items in the sizes and quantities specified to satisfy the requirements of this contract.

The Government will notify the contractor once the radar has been accepted. Once accepted, the contractor shall coordinate radar installation work with the Government. New equipment only; No remanufactured or “gray market” items. All items must be covered by manufacturer’s warranty.

DELIVERY: Ship item FOB Destination to:

Libby Dam 17877 Highway 37 Libby, MT 59923

Delivery hours are accepted Monday –Thursday 6:30am – 4:00pm. See “Period of Performances” for delivery period of performance.

Installation Work: Installation shall include all of the following requirements:

Installation. Remote data access shall be through satellite; the USACE network is not available for use with the radar system. The contractor shall provide a complete and operational setup all radar communications i.e.) satellite and all radar related equipment and materials.

Installation Workplan. Prior to installation of the radar system, contractor shall submit an Installation Workplan for the radar system to be approved by the Government. At a minimum, the Workplan shall include: A list of products utilized; location and setup of the radar; radar shelter/container foundation requirements, procedures and methods for installation and operation;

plans showing power hook-ups; schematic showing remote data access setup; data processing procedures, monitoring and threshold development procedures. The draft Workplan will be submitted for review by USACE. The contractor shall submit a final Slope Stability Radar Installation Workplan based on review comments received from USACE in accordance with the deliverables schedule.

Location. The radar system shall be installed on the roof of the Visitor’s Center (located at the right bank) or east of the gantry crane on the dam (See Figure 2). The Visitor Center roof has a dead load limit of 130 pounds per square foot and a live load limit of 100 pounds per square foot. On-site power will be made available by the Government for contractor use. It is the contractor’s responsibility to connect radar to the power source.

Installation Training. After installation the contractor shall provide training to on-site personnel in operational use (hardware and software), maintenance, troubleshooting techniques, and data acquisition/backup.

Slope Stability Radar Support Services: Provide the following radar support services for a duration of 12 months. Support services shall begin no later than 24 hours after completion of radar installation. Note: Prior to the start of monitoring services the contractor shall provide resumes/experience documentation for the engineers or geologists who will be processing the radar data and developing thresholds (see Special Qualifications).

Services shall consist of:

24/7 phone support for all technical, mechanical and communication questions or issues.

Checks of radar system health.

Radar data backup.

Licenses, updates, and patches for all software.

Radar system maintenance, including replacement parts. Maintenance and system checks for the radar system shall consist of semiannual site visits at a minimum.

Base Item 0002. Slope Stability Radar Monitoring Services

Provide the following radar monitoring services for a duration of 12 months. Monitoring services shall begin no later than 24 hours after completion of radar installation. Note: Prior to the start of monitoring services the contractor shall provide resumes/experience documentation for the engineers or geologists who will be processing the radar data and developing thresholds (see Special Qualifications). Services shall consist of:

Host all radar data on a website that will allow access by the Government via standard client web browser software (EG: Internet Explorer, Firefox, etc). Computing services shall be capable of storing all radar data for the life of the contract.

Provide all radar data to the Government annually on an external hard drive.

Technical assistance by a qualified geotechnical engineer or geologist in developing alarms and tracking their effectiveness.

24 hour per day, 7 days per week remote monitoring of slope movements and responding to alarms.

Submittal of monthly reports with details of the radar system operation and maintenance, data analysis, slope deformation, and alarm threshold effectiveness. Reports, at a minimum, shall include a 1-page summary of the radar data with discussion on thresholds, threshold development and effectiveness.

Supporting graphical information and maps shall be provided showing the slope movements.

All radar satellite communications services fees.

Base Item 0003. Advanced Geotechnical Training

Provide two (2) days (8 hours per day) of advanced in-person geotechnical training at the USACE Seattle District Office located at: 4735 E. Marginal Way S., Bldg. 1202, Seattle, WA 98134. Training shall be provided by qualified personnel and shall be conducted after a minimum of three (3) months of radar data have been collected and no later than six (6) months after radar installation is complete. At a minimum, training shall include radar measurement methods, slope movement theory, radar software use, data interpretation using Libby left abutment data, and development/assessment of alarms.

Option Item 1001. Slope Stability Radar Support Services

Provide the following radar support services for a duration of 12 months.

24/7 phone support for all technical, mechanical and communication questions or issues Checks of radar system health Radar data backup Licenses, updates, and patches for all software One annual maintenance site visit to occur prior to the winter season

Option Item 1002. Additional Slope Stability Radar Monitoring Services

Provide slope stability radar monitoring services for a duration of 12 months as described in this Scope of Work.

3. RECOGNIZED HOLIDAYS: Only applicable for radar installation.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

NOTE: Slope Stability Radar Support Services and Slope Stability Radar Monitoring Services are required to be provided 365 days / year.

4. PLACES OF PERFORMANCE:

Installation of the radar is to be performed on-site at Libby Dam:

Libby Dam 17877 Highway 37 Libby, MT 59923

Radar Support Services and Radar Monitoring Services will be performed at Contractor’s facility.

5. PERIOD OF PERFORMANCES:

Delivery and installation of radar shall be completed no later than 18 September 2018.

Radar Support Services and Radar Monitoring Services in the Base Year each has a period of performance of 12 months.

Optional Item(s) 1001 and 1002 each has a period of performance of 12 months.

6. SAFETY STANDARDS:

Contractor shall comply with all applicable Occupational Safety and Health Act (OSHA) Standards, as well as the Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, current version. Copies of EM 385-1-1 shall be provided to any Contractor by request, or copies may be picked up in person at the Libby Dam Project Office. http://www.usace.army.mil/Portals/2/docs/Safety/EM385-1-1%20APP%20AFINAL.pdf

7. SPECIAL QUALIFICATIONS:

The Contractor shall obtain all necessary licenses and/or permits required to perform this work. The Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. The Contractor shall be responsible for any personal injury to the Contractor, their employee, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by the Contractor’s employees’ fault or negligence. The Geotechnical Engineer or Geologist that will be evaluating the radar data and developing thresholds shall have at least five (5) years of experience in rock mechanics and evaluation of slope movement from radar data.

8. QUALITY ASSURANCE REPRESENTATIVE (QAR):

The Quality Assurance Representative (QAR) will be identified by the Contracting Officer after award. The QAR monitors all technical aspects of the contract and assists in contract administration. The QAR is authorized to perform the following functions: Ensure that the contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the contractor concerning technical aspects of the contract, issue written interpretations of technical requirements; including Government drawings, designs, specifications, monitor contractor’s performance and notifies both the Contracting Officer and contractor of any deficiencies, coordinate availability of Government Furnished Property (if any), and provide site entry of contractor personnel. An email will be sent to the QAR, a copy of which is sent to the contractor, which states the responsibilities and limitations of the QAR, especially with regard to changes in cost, price, estimates or changes in delivery dates. The QAR is not authorized to change any of the terms and conditions of the resulting order.

9. DELIVERABLES SCHEDULE:

DELIVERABLE FREQUENCY # OF COPIES MEDIUM/FORMAT SUBMIT TO

Slope Stability Radar Installation Workplan (Base Item 0001)

Draft submitted 5 working days after receipt of award.

Final submitted 2

(1) Electronic Copy PDF submitted by email

QAR

DELIVERABLE FREQUENCY # OF COPIES MEDIUM/FORMAT SUBMIT TO

working days following receipt of Government comments.

Demonstration of experience of Geotechnical Engineer or Geologist

Submit resumes/experience documentation no later than 14 days after receipt of award.

(1) Electronic Copy PDF submitted by email

QAR

Monthly Slope Stability Monitoring Report (Base Item 0002)

Submitted monthly following installation and start of radar data collection.

(1) Electronic Copy PDF submitted by email

QAR

Monthly Slope Stability Monitoring Report (Option Item 1002)

Submitted monthly (1) Electronic Copy PDF submitted by email

QAR

Figure 1. Libby Left Abutment Bedding Faults and Joints

Figure 2. Libby Dam - Slope to be Monitored and Radar Installation Locations

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.204-7 System for Award Management OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0013)

APR 2018

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.

DEC 2016

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

OCT 2015

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

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

252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer OCT 2013 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

(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;

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.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (JUL 2016)

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;

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).

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . 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.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

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

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

(c) through (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 is to be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

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

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

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

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

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

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

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

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the…