W912EF21Q0141 Supply Soliciation LLA Pontoon Barge.pdf

SEE ADDENDUM

(No Collect Calls)

W912EF21Q0141 27-Aug-2021

b. TELEPHONE NUMBER

509-527-7214

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 14 Sep 2021

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.

W912EF9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

HILLARY A MORGAN

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

W68SBV12095310

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

USAED, WALLA WALLA - CONTRACTING DIV.

HILLARY A. MORGAN

201 N. THIRD AVENUE

WALLA WALLA WA 99362

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 G4R0PL0 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

LOWER GRANITE PROJECT

885 ALMOTA FERRY ROAD

POMEROY WA 99347-9758

TEL: FAX:

509-527-7802FAX:

TEL: 509-527-7214 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

332312

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)

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.

W912EF21Q0141

Section SF 1449 - CONTINUATION SHEET

LOWER GRANITE LOCK AND DAM

QUOTE ITEM LIST

MODULAR PONTOON BARGES / WORK PLATFORM

QUOTE ITEM LIST

ITEM DESCRIPTION QUANTITY U/M U/P AMOUNT

001 20’x10’6”x5’, Modular Pontoon Barge /

Work Platform w/hatch Including FOB Destination Delivery

2 EA

TOTAL

Quote shall be valid for thirty (30) days.

Please include shipping costs in the quoted price of each item. FOB Destination to Lower Granite Lock & Dam, 885 Almota Ferry Rd., Pomeroy, WA 99347.

In addition to your quote, please answer each of the following questions:

EVALUATION FACTOR 2:

Check one—

This quote includes meeting the delivery requirement of thirty (30) weeks.

This quote does not include meeting the delivery requirement of thirty (30) weeks. Delivery will be longer than _____weeks after award.

LOWER GRANITE LOCK AND DAM

TECHNICAL SPECIFICATIONS

MODULAR PONTOON BARGES / FLOATING WORK PLATFORMS

1.0 INTENT

The following specifications pertain to acquisition of new modular pontoon barges / floating work platforms for use at Lower Granite Lock and Dam, Pomeroy, Washington.

2.0 SCOPE

The successful bidder shall supply (2) each 20’x10’6”x5’ Modular Pontoon Barges, as specified in the following requirements. The successful bidder shall deliver the pontoon barges to Lower Granite Lock and Dam as described in section Shipment and Delivery. The barges must function as a work platform both individually and connected.

The successful bidder shall supply all connection hardware necessary to assemble and configure barges in a side-by-side or end-to-end configuration. The barges shall be capable of being pushed or pulled individually or configured as a complete assembly.

3.0 GENERAL CONSTRUCTION STANDARDS & SPECIFICATIONS

All material, machinery and equipment shall be new, of current manufacture and suitable for the marine service intended. Spare parts and service shall be readily obtainable. All material, unless otherwise specified in these specifications, shall be of commercial quality and comply with the applicable ASTM, ANSI, AWS, or SAE standards. All materials shall be free or imperfections due to manufacturing processes and from defects which adversely affect appearance or serviceability.

All welding shall be in accordance with the current rules of the American Bureau or Shipping. All welding equipment used shall be of a modern type subject to close control. The electrodes used throughout the work shall be suitable for use with the parent metal at each weld, and be approved by ABS. Welding procedures, as to direction, length, numbers and sequence of beads, shall be carefully planned to minimize lock-up stresses. Care shall be exercised to produce smooth even beads, especially on all exposed plating and fittings. Beads shall be ground smooth where required. All notches shall have a radius to prevent metal to metal contact. The use of filler materials to correct unfair surface area is not acceptable. All plating shall be neatly cut, fitted, and welded. All sharp edges or projections which constitute a personnel hazard shall be removed or ground smooth. Steel plating shall be installed using proper welding procedures and sequences to insure fair, undistorted plating panels.

The modular barges shall be designed and constructed in accordance with the latest edition and interpretations of the rules, regulations, and requirements and standards of the Legislation, Regulatory Agencies, and technical organizations listed as follows or as stipulated in the respective specification section:

American Bureau of Shipping (ABS) “Rules for Building and Classing Steel Vessels for Service on Rivers and

Intracoastal Waterways.”

ABS classification for Maltese Cross A1 Barge, Rivers and Intra-Coastal Waterways Service, with

Reinforcement B American Bureau of Shipping (ABS) “Rules for Building and Classing Marine Vessels”: Part 2 – Rules for

Materials and Welding International Association of Classification Societies (IACS) Guide No. 47 “Shipbuilding and Repair Quality

Standard.”

33 CFR Subchapter E – USCG, Inland Navigation Rules.

46 CFR Subchapter C – Uninspected Vessels. USCG inspection and certification is not required.

46 CFR Subchapter C – Part 28, Subpart E – Stability 46 CFR Subchapter S – Part 170, Subpart E – Weather Criterion 46 CFR Subchapter S – Part 174, Subpart B – Special Rules Pertaining to Deck Cargo Barges U.S. Army Corps of Engineers, Publication No. EM 385-1-1, “Safety and Health Requirements Manual.”

The National Shipbuilding Research Program (NSRP 0490), “Industrial Standards for Hull Structural Penetration Design Criteria and Details.”

4.0 20’X10’6”X5’ MODULAR PONTOON BARGES / WORK PLATEFORM SPECIFICATIONS

(CLIN 001) & (OPTIONAL CLIN 002)

The successful bidder shall be required to supply (2) each 20’x10’6”x5’ Modular Pontoons (CLIN 001). The barge system shall be a commercial line of durable, high-strength modular pontoons specifically designed for heavy marine construction projects located in inland and protected coastal waters. All articles, fittings, equipment, machinery, supplies, and materials used in the construction and outfitting of the modular barges shall be new, of the highest grade, free from defects and imperfections, and be the standard product of a reputable manufacture. No salvaged materials shall be used in the manufacturing of these modular barges. Components shall be designed for road transport by standard trucks and trailers, and rapid installation with basic tools. The successful bidder shall be required to supply modular pontoon barges in accordance with the following requirements, specifications, and tolerances:

4.1 Standard Features

4.1.1 Individual pontoons must have flexifloat brand compatible connections with comparable ratings and shall be designed to connect with simple, integral locking devices precisely spaced around the perimeter of each unit. This design must allow units to be connected end-to-end, side-to-side, end-to-side, or offset to form larger assemblies, specifically dimensioned to meet various flotation platform requirements.

4.1.2 At a minimum, each barge must have (2) each 18” diameter or larger deck hatches, standard for internal OSHA required inspections #1926.1437

4.1.3 Each barge must have a factory certified lifting Clevis or Shackle located on the top deck of the barge. The lifting point or points shall be designed to keep the load equally balanced during crane lifting operations. All lifting points shall meet ASME B 30 and ASME BTH-1 requirements.

4.2 Fabrication Materials and Hull Requirements

4.2.1 The hull shall be of all welded steel construction

4.2.2 The exterior bottom sides, and ends shall be constructed of A36-1/4” Steel

4.2.3 The deck shall be capable of supporting, at a minimum, 15,000 PSF. The contractor shall obtain a statement of fact from ABS indicating the deck structure is designed meet or exceed a 15,000 PSF point load without modification or additional material. A certified drawing will also be accepted.

4.2.4 All welding shall be in accordance with the applicable standards of the American Bureau of shipping, AWS, and ABS specifications and procedures.

4.2.5 The shell and main deck plating shall be constructed of longitudinal strakes of lengths consistent with accepted practice for hulls. All seams shall be joined with full penetration welds. Hull plating seams may not fall within 12 inches forward or aft of flat-of-bottom transverse tangent line (bottom rake), nor within 2 inches of a girder or plate stiffener. Seams shall not be aligned directly over bulkhead plating or over the webs of stiffeners and transverses.

4.2.6 All Tanks watertight bulkheads, and manholes shall be factory tested in accordance with ABS rules.

4.3 Dimensions and Weights per individual pontoon

4.3.1 Overall Length shall be less than 21’

4.3.2 Overall Width shall be less than 10’6”

4.3.3 Overall Height shall be less than 5’5”

4.3.4 Unloaded Draft, not to exceed 13”

4.3.5 Full Load Draft, not to exceed 30”

4.3.6 Max Payload shall exceed 8 tons

4.3.7 Max Shipping Weight shall be less than 13000lbs

4.4 Paint System and Protection- (Barge Coating and Surface Prep)

The paint system shall be a high-performance, long lasting paint system designed for superior corrosion control when exposed to submersion in fresh and salt water. The paint system must be a premium industrial marine coating comprised of a zinc rich urethane primer and Polyaspartic Aliphatic Polyurea topcoat. The paint system must be a premium industrial marine coating. At a minimum, the combined exterior primer and topcoat thickness shall be at least 6 mils thick and exceed the manufacturer’s suggested coating requirements. The calculated average mil thickness of the paint system shall be determined by randomly inspecting 5 locations per plane and calculating the average. All internal voids shall be coated with a corrosion inhibitor or primer. For additional corrosion resistance, sacrificial zinc anodes are required to be flush mounted below the exterior water line. The finished product coatings must be free of imperfections, bubbles, holidays, and peeling.

4.4.1 Standards, Testing, & Performance

The paint system shall be a commercial industrial marine grade system. The paint system shall conform to the following standards. The system shall meet or exceed the listed performance values and equivalent salient characteristics:

4.4.1.1.1 Accelerated Weather: ISO 11507/ASTM G154, ISO 2813/ ASTM D523

4.4.1.1.1.1 Primer: 2500 hours

4.4.1.1.1.2 Topcoat: 3500 hours

4.4.1.1.2 Florida Black Box Exposure:

4.4.1.1.2.1 Topcoat : Pass 48 months minimal gloss loss, over 60% color retention

4.4.1.1.3 Impact (direct & indirect): ASTM D-2794

4.4.1.1.3.1 Primer: 180 in lbs / 160 in lbs

4.4.1.1.3.2 Topcoat: 160 in lbs

4.4.1.1.4 Flexibility: ISO 1519 / ASTM D522

4.4.1.1.4.1 Primer: Cylindrical Mandrel mm ISO 1520 Cupping 5-7 mm

4.4.1.1.4.2 Topcoat: Cylindrical Mandrel mm ISO 1520 Cupping 5-7 mm

4.4.1.1.5 Abrasion Resistance: ASTM D4060

4.4.1.1.5.1 Primer: Taber CS-17/1kg 400 cycles Weight Loss 150mg

4.4.1.1.5.2 Topcoat: Taber CS-17/1kg 400 cycles Weight Loss 150mg

4.4.1.1.6 Salt Spray: ISO-9227 ASTM B-117

4.4.1.1.6.1 Primer: 9600 hours (3 mils primer & 3 mils topcoat)

4.4.1.1.6.2 Topcoat: Direct to Metal Blasted 800 hours

4.4.2 Surface Preparation

Care shall be taken to follow the paint system manufactures guidelines on surface preparation and cleaning requirements. Surface preparation for all structural steel shall be in accordance with steel structures painting standards SSPC-sp6, SSI-SSa2, or SSPC-SP10 (Near White Metal Blast) throughout. Profile blasting shall be in accordance with the primer manufacturer’s requirements. For zinc rich primers the profile should be of sharp/jagged nature as opposed to a “peen” pattern from shot blasting. Blast media shall not be reused. The required profile depth is generally 1.25-2.25 mils thick to provide adequate adhesion. All mill scale, weld spatter, dirt, oil, and grease shall be removed prior to coating.

4.4.3 Primer

The primer shall be a different color than the topcoat, grey is suggested. Immediately upon completion of surface preparation, all steel shall be cleaned and coated with the primer. The primer shall be a high build zinc rich primer that provides extreme corrosion resistance and corrosion undercutting. At a minimum, the primer shall be 3 mils DFT thick and exceed the manufactures paint system requirements for mil thickness.

4.4.4 Topcoat Finish

The paint shall be red in color. At a minimum, the topcoat shall be 3 mils DFT thick and exceed the manufactures paint system requirements for mil thickness. The topcoat shall be free of blemishes, imperfection, holidays, and peeling.

5.0 OPERATION AND MAINTENANCE MANUALS

Five (5ea) complete hardcopies and one (1ea) complete electronic copy of the Operation and Maintenance Manual shall be provided for the Modular Pontoon Barges. These copies shall include parts manuals for the barge and associated attachments. The vendor shall provide these items with the Modular Pontoon Barges at the time of delivery.

5.1.1 Electronic copy shall be submitted via email to Contracting Officer’s Representative or CD/DVD at time of delivery.

5.1.2 The manuals shall include instructions on assembly, preventative maintenance tasks and schedule, repair, equipment warranty, and a list of recommended spare parts and implements.

5.1.3 The manuals shall also include As-Built drawings showing all equipment components and accompanied parts list.

5.1.4 Any information pertaining to models or components not supplied under this contract shall be crossed out.

5.1.5 The manuals shall include the name, phone, and email address of the contractor, manufacturer, and a distributor where additional parts and accessories can be purchased.

5.1.6 The following identification shall be labeled on the covers:

OPERATING AND MAINTENANCE INSTRUCTIONS

Contract Name LOWER GRANITE Dam Name of the Contractor Contract Number and Year

6.0 SUBMITTALS

Submittals must be provided at the time of bid and shall allow the government designated authority, without discussion with the bidder, to determine the technical acceptability of the quoted modular pontoon barges. All measurements shall be in inches. All documentation shall be submitted in electronic format. Drawings are preferred in MicroStation. Dgn. or AutoCAD .dwg. Submittals shall include, but are not limited to the following:

6.1 The Manufacturer Shall be an ISO 9001 Certified Company and provide supporting documentation

6.1.1 Certificate of conformance of materials and sample inspection reports

6.2 Documentation of construction material, paint system, and material data sheets

6.3 Detailed assembly instruction installation instructions of general barge configuration.

6.4 Drawings

6.4.1 The successful bidder shall provide a complete “As-built” drawing for each modular barge.

6.4.2 Vendor Name, Phone #, Drawing #, and Part #

6.4.3 All dimensions

6.4.4 Identify lifting points

6.4.5 Provide Barge “As Built” for weights

7.0 DELIVERY INSPECTION

The government reserves the right to inspect the barges upon delivery. The contractor may be present for this inspection but is not required to be on site at the time of delivery. The successful bidder is responsible for delivering the barges with all painted surfaces in sound condition, and in accordance with this specification. Any additional repairs or corrective actions required as a result of final inspection shall be done as required to meet this specification at no additional cost to the government. The government will inspect the following upon delivery.

7.1 All structural steel, deck plates, welds, tanks, and voids shall be inspected for damage. The barges shall float without taking on water to any hold or compartments. The haul compartments shall be completely dry and free from leakage after a 48-hour loaded (full draft) float test.

7.2 The paint shall be complete, intact, and fully cured. The mil thickness of paint system will be verified, and spot checked to ensure overall thickness exceeds the paint system manufactures requirements and the minimum governments specified 6 mils DFT.

7.3 The paint system will be inspected for bubbles, holidays, peeling, and imperfections.

7.4 The government will verify all anodes are installed properly

7.5 The government will verify that all deck hatches function and seal correctly.

7.6 The government will verify all connective hardware functions as requested and designed.

8.0 SHIPMENT AND DELIVERY

Modular Pontoon Barges shall be delivered FOB to Lower Granite Lock and Dam within thirty (30) weeks of contract award. The Contractor shall be responsible for packing and shipping the components in a manner that will ensure an undamaged and complete arrival to Lower Granite Lock and Dam. The successful bidder shall coordinate all deliveries with the government designated official two (2) weeks prior to shipment to ensure government crane support will be available for offloading the modular barges. All shipments or deliveries shall be made at the NORTH side of the dam. Any deliveries or shipments sent to the south side of the dam will be rejected and/or rerouted to the North side of the Snake River, which will add 3 hours of travel time to the delivery. No shipments are allowed other than normal business hours of Monday-Thursday 7:30 a.m. through 4:00 p.m., excluding federal holidays. All shipments shall be delivered to:

US Army Corps of Engineers

Lower Granite Lock and Dam 885 Almota Ferry Road Pomeroy, WA 99347-9758 (North Side of Snake River)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each

20'X10'6"X5' MODULAR PONTOON BARGE, LAP

FFP

DECK, 2 INSPECTION HATCHES FOB DELIVERYINCLUDED --- PROJECT

NO.: 491388

FOB: Destination

MILSTRIP: W68SBV12095310

PURCHASE REQUEST NUMBER: W68SBV12095310

NET AMT

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 AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

OCT 2020

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

AUG 2020

52.212-1 Instructions to Offerors--Commercial Items JUL 2021 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.247-34 F.O.B. Destination NOV 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7036 Alt I Buy American--Free Trade Agreements--Balance of

Payments Program--Alternate I (Dec 2017)

DEC 2017

252.225-7048 Export-Controlled Items JUN 2013 252.226-7002 Represenation for Demonstration Project for Contractors

Employing Persons with Disabilities

DEC 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.246-7003 Notification of Potential Safety Issues JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

https://www.sam.gov/

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

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

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

(c) Representation. The Offeror represents that--

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

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

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

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

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

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

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line item No. Country of origin

[List as necessary]

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

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

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

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

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

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

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements-- Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

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

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

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

Canadian End Products:

Line item No.

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

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

Canadian or Israeli End Products:

Line item No. Country of origin

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

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

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

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

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

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

Other End Products:

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

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

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

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

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

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

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

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge.