W912HN-15-T-0033_Hartwell_Breakers_Solicitation_Amended.pdf

This notice is being posted as an avenue to provide Request for Quotes, W912HN-15-T-0033. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information in this notice. THIS ANNOUNCEMENT

CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A

WRITTEN SOLICITATION WILL NOT BE ISSUED. This will be a 100% Small Business Set-Aside procurement. The solicitation number is W912HN-15-T-0033, and the solicitation is issued as a Request for Quote (RFQ). The NAICS code is 335313 with a small business size standard of 750 employees. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-83.

PARTIES INTERESTED IN RESPONDING TO THIS RFQ may submit their Quote in accordance with standard commercial practice (i.e. Quote form, letterhead, etc.) and MUST INCLUDE THE FOLLOWING INFORMATION: Solicitation number; offeror's complete mailing and remittance addresses; discount terms, DUNS number, and Tax Identification Number. Any questions regarding this solicitation MUST be submitted in writing (fax or email) to the point of contact below. Any prospective awardee shall be registered and active in the SAM database prior to any award of a contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http:// www.acquisition.gov or by calling 866-606-8220. QUOTES ARE DUE NOT LATER THAN

11:00AM, EASTERN DAYLIGHT TIME, 28 AUGUST 2015. SUBMIT QUOTES

ELECTRONICALLY to the attention of the Contract Specialist, Ms. Whittni C. Wright, whittni.c.wright@usace.army.mil.

The completed Offeror Representations and Certifications-Commercial Items (FAR 52.212-3) or Notation that company is registered in SAM (https://www.sam.gov) must be submitted along with each Quote.

The Government reserves the right to cancel this solicitation.

This announcement and written Request for Quote constitutes the only Request for Quote that will be made for this requirement.

Electronic Quotes will be accepted via email to whittni.c.wright@usace.army.mil.

W912HN-15-T-0033

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each Supply Station Service Switchgear See Section I (Complete)

FOB: Destination

NET AMT

SCOPE OF WORK

SPECIFICATIONS

These requirements cover the work necessary to design, prepare drawings, data, installation instructions, to manufacture, to shop test, and to deliver F.O.B. destination Arc-Resistant, indoor medium voltage switchgear assemblies and associated equipment to replace existing Westinghouse type DH switchgear Breakers at the Hartwell Powerhouse, Hartwell, GA.

The switchgear will replace existing station service medium voltage switchgear components including cabinets, breakers, power bus, internal wiring, current transformers, etc. All Equipment shall be provided to readily connect or interface the newly provided breaker equipment to existing equipment bus. External buswork will not be replaced or covered under this specification.

Photos and reference drawings are provided in Appendix A for the equipment being replaced. The Contractor shall field verify connections, equipment, and measurements needed to manufacture the replacement equipment. A formal site visit can be set up by contacting

The shipping address is as follows:

Hartwell Dam and Power Plant ATTN: Scott Hopkins 6961 Anderson Hwy.

Hartwell, GA 30643

SECTION I

SWITCHGEAR EQUIPMENT SUPPLY

1.1 General Information

1.2 Submittals – for Government Approval

a. Master drawing index

b. Front elevation

c. Plan view

d. Side view

e. Top view

f. Single line

g. Unit wiring diagrams depicting local and remote devices

h. Nameplate schedule

i. Cubicle and component schedule

j. Conduit entry/exit locations

k. Assembly ratings including:

i. Short-circuit rating

ii. Voltage

iii. Continuous current

l. Major component ratings including:

i. Voltage

ii. Continuous current

iii. Interrupting rating

m. Product data sheets

n. Busway connection

o. Connection details between close-coupled assemblies

p. Composite floor plan of close coupled assemblies

q. Key/Electrical interlock scheme drawing and sequence of operations

r. Final as-built drawings and information for all items

s. Unit wiring diagrams

t. Breaker control diagrams

u. Certified production test reports

v. Installation information

w. Seismic certification and equipment anchorage details.

x. O&M Manuals

A. The final (as-built) drawings shall be included in the O&M Manuals and shall include the same drawings as the construction drawings and incorporate all changes made during the manufacturing process.

1.3 Ratings

A. The ampacity of the system shall be no less than 1200A.

B. The assembly shall be rated to withstand mechanical forces exerted during short-circuit conditions with 65 40,000 amps available fault current at rated voltage.

C. A circuit breakers shall have a minimum symmetrical interrupting capacity of 65 40,000 amperes. Short time ratings shall be equal to no less than the interrupting ratings.

2.0 Products

A. Switchgear – The switchgear shall meet at a minimum the following criteria.

a. The switchgear enclosure should be NEMA 1 and offer ANSI Type 2 arc protection against arcs in breaker, bus, or cable compartments around the entire perimeter of the equipment

b. The switchgear design should include the following features:

i. An arcflash reducing maintenance system

ii. Safety shutters

iii. Strengthened one-piece door and latches

iv. An insulated silver-plated copper bus sized based on ANSI standard temperature rise criteria of 65 degrees C over a 40 degrees C ambient (outside the enclosure)

v. A non-insulated copper ground bus that is firmly secured to each vertical section of the structure and extends the entire length of the switchgear and has a short-time withstand rating that meets that of the largest circuit breaker in the assembly

vi. Vented cable compartment segregation barrier

vii. Allow for drawout of the 15 kV rated breakers into the disconnected position with the door closed while simultaneously protecting the operator from any dangerous gasses during an arc event.

viii. The switchgear assembly shall be designed and constructed to be free from corona emissions.

ix. A venting system that directs arc gasses out the top of the enclosure, regardless or the arc origination location

x. All 15 kV rated breaker assemblies shall be constructed so the breaker is installed at the ground floor level, so the breaker can be removed without a lifting device.

xi. Each breaker shall be protected with a Multi-function Microprocessor Overcurrent Trip Unit.

xii. Green 24241 or approved equal to match existing adjacent enclosures.

c. All control wiring within the assembly shall be 14 gauge stranded type SIS with machine printed labels on each end and shall terminate on each end at a suitable terminal block

d. A partial discharge sensing device complete with monitoring system. The monitoring system shall communicate via ModBus or DeviceNet for transmitting trending data to the plant’s SCADA system, and provide a 4-20 mA output for instantaneous measurement of partial discharge.

e. The switchgear should meet the following industry standards:

i. UL 1558, UL 1066, UL 891, and UL 489

ii. ANSI C37.20.1, ANSI C37.20.2, ANSI C37.17, ANSI C37.16, ANSI C37.13, ANSI C37.51, ANSI C37.50, and ANSI C37.20.7

iii. Third-party (UL) witness tested

2.1 General

A. The medium voltage switchgear will replace the existing Westinghouse DH air blast breakers with gas, vacuum, or equivalent breakers. The equipment will be rated for use on a 13.8 kV nominal, 15 kV maximum, 60Hz system. It shall be manufactured to not exceed the footprint of the existing switchgear unless otherwise approved by the government. The equipment will be arc resistant, type 2 switchgear.

B. Any standard accessories or features will be included even if not specifically called for by this specification.

C. All equipment will meet applicable industry standards, including NEMA, IEEE, NEC, and ANSI standards.

2.2 Circuit Breakers

A. Each circuit breaker shall be three pole, draw out type circuit breakers and will be electrically operated both locally and remotely as supplied.

B. Ratings

i. All breakers will be rated, at a minimum, for 15 kV, 1200A nominal, 65 40 kA IC, 95 kV BIL.

C. All circuit breakers shall be mounted one high in the lower switchgear cabinet. The breakers shall be equipped with wheels for easy transport once removed from the cell.

Breakers will rack out directly to the floor without the use of a lifting device.

D. Control power will be 125V DC. An undervoltage circuit shall automatically trip the circuit breaker on loss of trip voltage through a capacitive trip circuit.

E. Interlocks will be provided to ensure the breaker is not racked out unless the breaker is open, and will not allow the breaker to be removed from its cell with the springs charged.

F. A means shall be provided to rack in/out each circuit breaker with an electric racking device without opening the breaker panel door and doing so at a distance of a minimum of 20 feet.

G. The breakers will have a maximum opening time of 5 cycles based on 60Hz cycles.

H. Breakers labeled 812 and 822 will have ZORC type surge suppressors to protect the insulation of the dry type transformers directly connected to the circuit breaker terminals. The surge suppressor will be installed on the transformer side of the circuit breaker.

I. A grounded automatic metal shutter system shall prevent access to the line and load stabs of each breaker when it is in the disconnected position. The shutter system shall be pad-lockable into the closed position.

J. Each circuit breaker shall have provisions to be locked in the disconnected position.

K. There shall be an indicator to show when each breaker is racked in, disconnected, or in test position, if applicable.

L. The switchgear shall have a set of mechanism operated contacts (MOC) to indicate the breaker position for each breaker. There shall be at least 12 NO and 12 NC auxiliary contacts for each breaker. Auxiliary relays operated by MOC switches will be acceptable if enough contacts are not available on the MOC switch.

M. There will be at least four truck operated contacts, indicating whether the breaker is racked in or racked out for each breaker.

N. A mechanical operations counter, as well as a contact wear indicator, will be provided on each breaker.

O. A means of bench testing circuit breakers will be provided. The bench testing set up will provide temporary control power to the breaker, and when complete will trip and close handles to electrically operate the circuit breaker.

P. Each breaker will have a means to mechanically charge/discharge the springs, and to close and trip the circuit breaker with the circuit breaker compartment door closed.

Q. All breaker control wiring compartments shall allow access of the control wiring with the breaker primary circuit energized and still provide arc-resistant protection.

2.3 Instrument Transformers

2.3.1 Current Transformers

A. Current transformers (CTs) will be installed as depicted on the photos and reference drawings in Appendix A.

B. Ratings and Ratios

The CT primaries will be rated to carry at least the same continuous current as the circuit breaker.

i. 800 Series Breakers

Each Breakers labeled 812 and 822 will have one set of 3 CTs with a fixed ratio of 100:5, and one set of 3 CTs with a fixed ratio of 4000:5 CTs meeting or exceeding the ratings of the existing CTs.

C. The CT secondary will be rated for 5A, and will terminate on shorting type terminal blocks similar to STATES M-25112 or GE EB27B12SC.

D. All CT wiring will be type SIS, 10 AWG or larger.

E. The CT accuracy class shall be the highest available for the provided ratio (i.e. C800)

2.4 Miscellaneous

A. All internal control wiring will be SIS #14 AWG or larger. Control wiring will land on disconnect type terminal blocks. Splicing of control wiring will not be allowed.

Control wiring will be marked in accordance with connection diagrams. Control wire must terminate on a terminal block before leaving a cabinet.

B. Space heaters shall be provided in the enclosure. Heater circuits will be 120V AC.

C. Commonly keyed Kirk Key interlocks will be provided for each breaker supplied under this contract and the existing disconnect switches such that Breaker 812 must be open before the Kirk Key can be removed to open the existing Disconnect 813.

Likewise, commonly keyed Kirk Key interlocks will be provided for each breaker supplied under this contract and the existing disconnect switches such that Breaker 822 must be open before the Kirk Key can be removed to open the existing Disconnect 823.

D. Operating handles will be mounted to the door of the switchgear cabinet to allow local operation of the circuit breakers. Green and Red indicating lights shall be provided at the operating handle location to indicate the breaker is closed or open respectively.

E. All equipment will be lowered into the switchgear gallery by the Supply Contractor through a 10 ft X 10 ft hatch on the plant’s generator deck. The ceiling height in the switchgear gallery is 13 ft high. It is the Supply Contractor’s responsibility that all the equipment can be lowered onto the switchgear gallery floor without disassembly beyond its original shipping size.

F. Documentation shall be provided with the medium voltage switchgear assemblies covering all equipment provided under this contract to include, but not be limited to:

a. 6 hard copies of the Operation and maintenance manuals

b. One electronic copy of the Operation and maintenance manual.

c. As-built plan, elevation, and side view drawings

d. As-built connection diagrams

e. Installation Instructions

All drawings will be provided electronically in either AutoCAD or Microstation format and fully editable by the Government.

G. Recommended spare parts will be provided and included in the supply bid.

H. Any special tools needed to operate or maintain the circuit breakers shall be provided at no additional cost to the Government.

3.0 Testing

A. A test report of each test performed on each assembly and its contents will be conducted at the factory and will be provided and included in all O&M manuals. The government will be notified at least 2 weeks before the factory acceptance testing to allow the Government an option to witness the factory testing.

B. Each assembly and its contents shall be tested for proper operation and adjustment before they are shipped.

C. The breaker’s arching chamber shall successfully pass an AC high potential test before and after shipping.

D. Each breaker will have a contact timing test performed.

4.0 Contract Duration

A. All work shall be completed within 280 days after Award of Contract.

B. Within 10 calendar days after Award of Contract the contractor shall submit a schedule of the equipment supply and submittal items.

C. Within 30 calendar days after Award of Contract the contractor shall submit the assembly and major component ratings listed in section 1.2 of these specifications.

D. Within 120 calendar days after Award of Contract the contractor shall submit remaining required items listed in section 1.2.

E. A single copy of all documentation required in section 2.4.F shall be submitted a minimum of 60 days before switchgear delivery for review by the Government.

F. All final documentation required in section 2.4.F shall be provided at the time of delivery of all equipment required in these specifications.

APPENDIX A

EXISTING BREAKER CUBICLE TO BE

REPLACED

EXISTING AIR BLAST BREAKER TO BE

15 kV RATED BUS ENTRY

INTO STATION SERVICE

BREAKER CUBICLE.

DEPTH OF EXISTING

BREAKER CUBICLE

APPROXIMATELY 7’ 1.5”

LOAD SIDE BREAKER CABLE TO

STATION SERVICE

100:5 SS BREAKER BOTTOM CTs

4000:5 SS BREAKER TOP CTs

BREAKER CONTROL CABLES.

NOTE: THIS CUBICLE IS NOT BEING

REPLACED

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 280 dys. ADC 2 HARTWELL POWER PLANT

GREGORY S. HOPKINS

6961 ANDERSON HIGHWAY

HARTWELL GA 30643

706-856-0384 FOB: Destination

W912HN

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

DEC 2014

52.211-6 Brand Name or Equal AUG 1999 52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-26 Equal Opportunity APR 2015 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

DEC 2012

52.229-3 Federal, State And Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.246-16 Responsibility For Supplies APR 1984 52.246-23 Limitation Of Liability FEB 1997 52.247-22 Contractor Liability for Loss of and/or Damage to Freight

Other Than Household Goods

APR 1984

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

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

DEC 2014

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7021 Trade Agreements--Basic (Nov 2014) NOV 2014 252.225-7036 Buy American--Free Trade Agreement--Balance of Payments

Program--Basic (Nov 2014)

NOV 2014

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

LOWEST PRICE ONLY

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 posted electronically on the SAM website.

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

[Offeror to identify the applicable paragraphs at (c) through (p) 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 ORCA.]

(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.

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

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

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

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

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

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

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

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

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

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

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

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

(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:

Country of Origin

[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:

(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:

Country of Origin

(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:

Country of Origin

(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 --

(1) The offeror and/or any of its principals ( ___ ) 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 $3,000 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The

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

(1) Listed end products.

Listed End Product Listed Countriesof Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United

States); or

(2) ( ___ ) Outside the United States.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ___ ) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by…