W912DW20Q0059 LD Control Room Consoles.pdf

SEE ADDENDUM

(No Collect Calls)

W912DW20Q0059 27-Jul-2020

b. TELEPHONE NUMBER

206-764-6659

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 17 Aug 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DW9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

GERALDINE L KEMP

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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 BUSINESS

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 960302 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

LIBBY DAM PROJECT OFFICE

17877 HIGHWAY 37

LIBBY MT 59923-9703

TEL: 406-293-7751 FAX: 206-764-3681

206-764-6817FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

337214

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

X EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF51

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.

W912DW20Q0059

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO VENDORS

1. REPRESENTATIONS AND CERTIFICATIONS CONTAINED HEREIN MUST BE COMPLETED BY

VENDORS AND RETURNED WITH QUOTES:

IF YOUR REPRESENTATIONS AND CERTIFICATIONS ARE REGISTERED IN THE “SYSTEM

FOR AWARD MANAGEMENT” (SAM) CHECK HERE . IF NOT, YOU CAN

REGISTER ONLINE AT www.sam.gov

2. Marking of Email Quotation Submittal:

Email Quotation submission shall be plainly marked as follows:

Quote for: Control Room Consoles for Libby Dam, Libby, MT

Request for Quote No.: W912DW20Q0059

Closing Date and Time: 17 August 2020, 10:00 A.M. Pacific Time

AMENDMENTS NUMBERED________HAVE BEEN RECEIVED

3. Email quotations only. Faxed quotes will NOT be accepted. Email quotes shall be accepted before closing at e-mail address Geraldine.L.Kemp@usace.army.mil. For questions call 206-764-6659.

4. The contractor receiving an award is required to be registered in the SAM (System for Awards

Management)

5. PROSPECTIVE CONTRACTORS: Contractors are required to be registered in the System for Awards

Management (SAM) for awards resulting from solicitations.

This rule more efficiently implements the Debt Collection Improvement Act of 1996, as it requires contractors to be registered in SAM for consideration of future solicitations, awards, and payment.

Registration is required prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement from a solicitation.

THIS PROCUREMENT ACTION IS 100% SET-ASIDE FOR ECONOMICALLY

DISADVANTAGED WOMEN-OWNED SMALL BUSINESSES (EDWOSB). THE EDWOSB FIRM

WHO IS SELECTED FOR AWARD MUST BE REGISTERED AND ELIGIBILITY

DOCUMENTATION AVAILABLE AT: https://certify.sba.gov

LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE A QUOTE INELIGIBLE

FOR AWARD.

The web site may be accessed at www.sam.gov

6. Award shall be made to the responsive and responsible vendor with the lowest priced quote.

7. Required Submittals:

a) Instruction Page (2 pages)

Paragraph 1 – Indicate if you are registered in SAM (System for Award Management) Paragraph 2 – Must acknowledge any/all amendments to the solicitation.

Paragraph 8 – Must fill in all company information requested

b) Fill in all pricing information.

c) FAR Provision 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS— Commercial Items --Alternate 1(MAR 2020)

All of these must be filled in and returned in order to be eligible for evaluation.

DO NOT return the rest of the solicitation form.

8. The contractor is required to provide the following information with your quote:

Federal Taxpayer’s ID Number:

DUNS Number:

Cage Code Number This requires registration in SAM, web site for registration is www.sam.gov Remit to Address:

Company Name:

Address:

City/State/Zip:

Phone & Fax Numbers:

Point of Contact:

E-Mail Address:

9. All quoted items must meet the requirements of the Request for Quote (RFQ) including specifications stated in all attachments. Provide supporting descriptive literature illustrating the submission meets the requirements of the purchase description.

10. The contractor should list any special features or warranty information applicable to the quoted product(s) or service(s).

PURCHASE DESCRIPTION

Libby Dam Control Room Console Replacement, Libby MT

Materials

1. MATERIALS REQUIRED:

Acceptance of Materials:

Materials will be inspected at the Libby Dam jobsite 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. New equipment only; No remanufactured or “gray market” items. All items must be covered by manufacturer’s warranty.

2. DELIVERY LOCATION:

USACE – Libby Dam Project Office

17877 MT HWY 37

Libby, MT 59923-7828

3. MATERIALS SPECIFICATIONS:

Request items as listed below (or approved equivalents) Control Room Consoles and Matching Millwork

General. This specification describes the Control Room Consoles and Millwork to be purchased and supplied to replace the existing Control Consoles located at Libby Dam Powerhouse in Libby, Montana.

The entire Control Room Consoles will be replaced with new modular consoles and Millwork to be laid out and designed to meet the below specification and as shown in Drawing 1.1. and shall consist of:

ITEM 1: J- Shaped section, Main Console:

1 each- 72” wide consoles- depth overall between 36” and 40” to meet specifications this SOW. All work surfaces and cladding to be High Pressure Laminate (color by PM). End Panels, Access Panels, doors and work surface to be High Pressure laminate on both sides. Access Panels/doors to be vented.

Must include under surface cable management and CPU storage to meet the minimum specified size for Libby Dam’s PCU’s. Must include Slat wall.

3 each- 48” wide consoles- depth overall between 36” and 40” to meet specifications this SOW. All work surfaces and cladding to be High Pressure Laminate (color by PM). End Panels, Access Panels, doors and work surface to be High Pressure laminate on both sides. Access Panels/doors to be vented.

Must include under surface cable management and CPU storage to meet the minimum specified size for Libby Dam’s PCU’s. Must include Slat wall

1 each- 24” wide consoles- depth overall between 36” and 40” to meet specifications this SOW. All work surfaces and cladding to be High Pressure Laminate (color by PM). End Panels, Access Panels, doors and work surface to be High Pressure laminate on both sides. Access Panels/doors to be vented.

Must include under surface cable management and CPU storage to meet the minimum specified size for Libby Dam’s PCU’s. No Slat wall (flat counter surface).

2 each- Corner Units – 45 degree. Surfaces and cladding to be High Pressure Laminate with slat wall to match straight consoles.

1 each- Left end panel with Slat wall, cladding High Pressure Laminate both sides (color & style by

PM).

1 each- Right end panel with NO Slat wall (flat top), cladding High Pressure Laminate both sides (color & style by PM).

5 each- 15A/120V power strips.

5 each- Data/power grommets to be mounted in work surface (locations shown on drawing 1-1).

9 each Dual- tier foldable LCD Arm with pole, include 75mm & 100mm VESA Adapters- must be able to mount to slat wall, include hardware.

1 each- 3 drawer Mobile Pedestal- High Pressure Laminate to match consoles (color & style by PM).

9 each- Ultimate Slat wall Assembly (for Slat wall LCD arms) if required to mount LCDs to Slat walls.

All necessary parts and supplies to make a complete and usable console system with power & data.

Must submit design for approval.

Must include delivery to site per specifications.

ITEM 2: 10’ Straight section, Side Console:

1 each- 72” wide consoles- depth overall between 36” and 40” to meet specifications this SOW. All work surfaces and cladding to be High Pressure Laminate (color by PM). End Panels, Access Panels, doors and work surface to be High Pressure laminate on both sides. Access Panels/doors to be vented.

Must include under surface cable management and CPU storage to meet the minimum specified size for Libby Dam’s PCU’s. Must include Slat wall.

1 each- 48” wide consoles- depth overall between 36” and 40” to meet specifications this SOW. All work surfaces and cladding to be High Pressure Laminate (color by PM). End Panels, Access Panels, doors and work surface to be High Pressure laminate on both sides. Access Panels/doors to be vented.

Must include under surface cable management and CPU storage to meet the minimum specified size for Libby Dam’s PCU’s. Must include Slat wall

1 each- Left end panel with Slat wall, cladding High Pressure Laminate both sides (color & style by

PM).

1 each- Right end panel with Slat wall, cladding High Pressure Laminate both sides (color & style by

PM).

2 each- 15A/120V power strips.

2 each- Data/power grommets to be mounted in work surface (locations shown on drawing 1-1).

4 each Single foldable LCD Arm with pole, include 75mm & 100mm VESA Adapters- must be able to mount to slat wall, include hardware.

2 each- 3 drawer Mobile Pedestal- High Pressure Laminate to match consoles (color & style by PM).

4 each- Ultimate Slat wall Assembly (for Slat wall LCD arms) if required to mount LCDs to Slat walls.

All necessary parts and supplies to make a complete and usable console system with power & data.

Must submit design for approval.

Must include delivery to site per specifications.

ITEM 3: Custom Millwork to match consoles:

4 each- 30”W x 30”Tx 14”D. Wall cabinets with adjustable shelves with doors and sides in High Pressure Laminate to match consoles (color & style by PM).

1 each- 36” x 10’ rectangular conference table in High Pressure Laminate to match consoles (color & style by PM).

Must submit design for approval.

Must include delivery to site per specifications.

Specifications:

Components:

The Control Room Consoles shall consist of the following major components:

A. Console Frames B. Slat wall C. Work surface D. End, Access and back panels E. Power & Electrical devices F. Accessories G. Assembly and Installation Support H. Packing & Shipping I. Schedule J. Warranty K. Submittals

Console Frames:

The console must have the following features and capability:

A. Console shall have the ability to easily be transformed and shall offer almost any layout through the mixing of various module lengths.

B. The console shall be designed with the consideration of accepted Human Factors guidelines and applicable ergonomic standards.

C. The console structure and frame must form a freestanding unit independent of the exterior cladding. The console shall be available in an overall depth ranging between 36”min. to 40” max. The console shall accommodate flat panel displays and accessories that can be mounted to the slat wall.

D. Creative design layouts shall be achieved with modular consoles and integrated corners and/or miters. The modular structural system shall support a full range of layouts and control room configurations. Future expansion or reconfiguration will be simplified, as modules are easily added or relocated where required. Standard unit widths available in a minimum of 24”, 48”, and 72”. Available options include:

at minimum, 45° & 90° corners to achieve the design as specified in drawings by Libby Dam Drawing 1.1.

E. The console shall have the ability to have flat screen monitors and various desk accessories mounted on the Slat wall rail.

F. The console shall provide convenient open cable chases that run uninterrupted to adjacent sections desks of the base units. The standard finish for the monitor deck is high plastic laminate (HPL) on both sides of the Work surface. A variety of cable management options available to accommodate electrical and data service.

Termination boards available as an option to mount outlets and jacks.

G. The Work surface shall be designed to provide a smooth, level work area, while complying with accepted human factors criteria. All applicable ergonomic standards will be taken into consideration, including view and reach distances, keyboard height, and knee-well space.

H. The Work surface Edge shall be urethane - black.

I. The work surface platform shall have smooth edges and transitions, thus avoiding sharp corners or potential “rib catchers” for operator safety. Sharp edges at the console base and in CPU holder are not acceptable.

J. All sheet metal used for structural components shall be cold rolled steel or structural aluminum alloy. These components ensure square, rigid connection of the front portal to the rear frame assembly, module-to-module connections at corner positions, and attachment of panels. Sheet metal parts to be produced on CNC machines to ensure precision.

K. All sheet metal parts must be finished with a durable, electrostatic powder coating (black).

L. Vertical frame shall be designed to house cable management system and house CPU’s with a minimum dimension of 7 ½” wide x 16 ½” tall x 16 ½” deep.

Slat wall:

A. Extruded Aluminum, Anodized Black. Minimum of 9” tall. Must ingrate with

Consoles.

Work surface:

A. Work surfaces shall be constructed of particleboard or MDF core minimum of 1 1/8” thick and with high-pressure laminate surfaces. Color to be selected by PM.

Work surface edge to be the same laminate or molded urethane or PVC ergonomic nosing.

B. Consoles shall have rear infill panels to match the work surface. These are removable panels at the rear of the work surface to provide top access to cable tray and power distribution units.

C. Seams- Provide smooth seams from console to console and must be joined or clamped.

End, Access and Back Panels:

A. Panels shall be constructed of particleboard or MDF core and with high-pressure laminate on all surfaces. Color to be selected by PM.

Power & Electrical Devices:

A. Surge protected Power bars must be industrial grade power bars, for North America and UL Listed (1363), CSA Certified.

Accessories:

A. As listed above and submit specifications for approval.

Installation Support:

A. The console supplier shall provide the following forms of installation support and service:

1. Fully detailed assembly instruction in the English language with both written and pictorial description for each item/model number and technical support via.

Phone.

2. Installation labor and site supervision if needed and awarded.

3. Maintenance manuals.

B. Modules shall be able to be assembled using standard tools without any site cutting or drilling. Each module shall be rigid and self-supporting to permit individual removal, relocation or modification of adjacent modules.

Packing & Shipping:

A. Packing The console supplier shall be responsible for packing the components in a manner that will ensure undamaged and complete arrival at the destination.

1. All panel, work surface, and accessory elements shall be packed with protective material.

2. All components shall be shipped by dedicated transports.

3. All delivery instructions will be confirmed before the packaging of materials.

Delivery received on site only Monday- Thursday 7:00A.M.-4:00P.M.

B. Shipping

1. The console supplier shall make the following modes of shipping available:

a. Consoles shall not move with general freight carriers. The product shall be shipped with professional furniture movers on air ride trailers. The product shall be hand loaded into the trailers, and each piece shall be protected with padded blankets. Minimal amount of stacking shall be permitted, so the use of logistic trailers is highly recommended. All components shall be shipped by dedicated transports.

Schedule:

A. Upon award of the contract supplier shall provide a schedule with exact dates for the following milestones:

1. Detailed requirements analysis.

2. Final design submittal.

3. Pre-production approval submittal.

4. Fabrication period.

5. Factory acceptance/packing & shipping.

6. Delivery date

Warranty:

A. Unless otherwise stated in the Quotation, provider warrants that all consoles and technical furniture manufactured by it will be free from defects in materials and workmanship from the date of transfer of title as follows:

1. Minimum of 10 year warranty on all fixed structural frame components.

2. Minimum of 5 year warranty on adjustable, sliding or hinged components and laminated surfaces and work surface components parts.

3. Minimum of 1 year warranty on all electrical components Submittals:

A. Detailed CAD (PDF format) drawings of each console type with its specific equipment per application.

B. Renderings of consoles upon request.

C. Pre-production review, to include a drawing submittal and component listing complete with samples of selected finish materials upon request.

D. Samples of the following material components, which demonstrate workmanship shall be provided upon request: Work surface sample with ergonomic nosing.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job J- Shaped section, Main Console

FFP

Contractor shall provide J-Shaped section, Main Console in strict accordance with the specifications identified in the attached Purchase Description.

FOB: Destination

PSC CD: 7195

NET AMT

0002 1 Job 10’ Straight section, Side Console

FFP

Contractor shall provide 10’ Straight section, Side Console in strict accordance with the specifications identified in the attached Purchase Description.

0003 1 Job Custom Millwork to match consoles

FFP

Contractor shall provide Custom Millwork to match consoles in strict accordance with the specifications identified in the attached Purchase Description.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting 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 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

DEC 2019

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

AUG 2019

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

JUN 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

JUN 2020

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008).

MAR 2020

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes--Fixed Price AUG 1987 52.246-1 Contractor Inspection Requirements APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7002 Payment For Contract Line or Subline Items Not Separately Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

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

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

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

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

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

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

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

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

(c) Offerors must complete the following representations when the resulting contract 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:

Line Item No. Country of Origin

(List as necessary)

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

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

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

``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[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:

Line Item No. Country of Origin

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

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

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $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.