Combined_Synopsis_and_RFQ_-_W912HN-16-T-0003_-_Drill_Rig.pdf

This notice is being posted as an avenue to provide Request for Quotes, W912HN-16-T-0003.

This is a combined synopsis/solicitation for commercial services 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% set aside for Small Business. The NAICS code is 333132 with a small business size standard of 500 employees. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-85.

Submission Requirements: Quotes should be E-mailed to brent.w.ingram@usace.army.mil by 11:00 a.m. Eastern time on 21 January 2016. Please CC, Mr. Bruce Helms at bruce.a.helms@usace.army.mil.

Basis for Award: The award will be made to the lowest priced, technically acceptable, responsible, responsive quote, with a responsibility determination. This is in accordance with Federal Acquisition Regulations (FAR) 52.212-2, Evaluation – Commercial Items, and FAR 9.104.

The Government reserves the right to cancel this solicitation.

mailto:brent.w.ingram@usace.army.mil mailto:bruce.a.helms@usace.army.mil

W912HN-16-T-0003

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Direct Push Drill in accordance with SOW

FOB: Destination

NET AMT

0002 1 Each Tooling in accordance with SOW

0003 1 Each Flat Plate Dialtometer in accordance with SOW

0004 1 Each Enclosed Trailer in accordance with SOW

Please complete the following in addition to filling in the above individual CLINS

Total of All Items (CLINS 0001-0004) $______________

REQUEST FOR QUOTE (RFQ)

US Army Corps of Engineers – Savannah District POC: Brent Ingram

Phone: (912) 652-5954 Email: brent.w.ingram@usace.army.mil

QUOTES DUE BY: 11:00 am(ET) on 21 January 2016

CONTRACTOR: ______________________________________________________

DUNS NO.: ______________________________________________________

CAGE CODE: ______________________________________________________

TAX ID NO.: ______________________________________________________

E-MAIL: ______________________________________________________

PHONE NO.: ______________________________________________________

DATE OF QUOTE: ______________________________________________________

NOTES TO OFFEROR

Note 1: Quotes shall meet the specifications in the Statement of Work to be eligible for an award.

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 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 Note 2: All questions are to be directed no later than 11:00 a.m. Eastern time on 15 January 2016 to Brent Ingram at brent.w.ingram@usace.army.mil. Please CC, Mr. Bruce Helms at bruce.a.helms@usace.army.mil.

Note 3: The Taxpayer Identification Number may be used by the Government to collect and report on any delinquent amounts arising out of the contractor’s relationship with the Government.

Note 4: 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.

Statement of Work (SOW) for the Purchase of a Direct Push Drill, Trailer and Tooling.

ITEM: These specifications detail requirements in a direct push type drilling unit mounted on all-terrain tracks with transport trailer and tooling. The unit shall be completely assembled fully equipped in accordance to these specifications and ready for operation when delivered. This equipment shall be used for soil and groundwater sampling, foundation testing, monitoring well installation, and subsurface exploration work.

GENERAL SPECIFICATIONS: The drill unit shall be an integral part of a track drive all-terrain carrier having a single engine power source. The power shall be appropriately directed to the carrier, pumps, hydraulic system and percussion hammer. A hydraulically actuated folding upright drill frame shall be supplied. The drill unit shall be thoroughly field tested and ready for immediate and continuous operation at time of delivery. The width of the drill and carrier shall not exceed 64”. The height of the drill and carrier with mast folded shall not exceed 100”. The drill unit shall be furnished with all standard equipment advertised whether or not specifically called for here, except where optional or conflicting equipment is specified. The drill shall meet the following specifications.

UNIT PLATFORM: The carrier shall have a rugged structural steel frame designed to resist bending and twisting when drilling or traversing rough terrain. The following specifications shall apply.

(a) Locomotion must be controlled either by remote control or manually. Remote control must be set up to run wireless or tethered

(b) 78” stroke

(c) At least 20.5” foot travel

(d) 15.5” extension

(e) ± 7° side to side lateral movement

(f) ± 13° oscillation from vertical

(g) At least 2,000lbs rear stabilizer lift

(h) 60” rear blade width

(i) 0-5mph ground speed

(j) 4.6 lb/in.² surface load

(k) 12” track width

(l) A belly pan shall be furnished to protect the underside of the carrier. The pan shall be secured and be removable for maintenance access.

(m) Must have forward and reverse locomotion

DIRECT PUSH HAMMER: The hammer must have a rotation speed range of at least 0-234 RPM and a rotation torque of at least 500ft-lbs with both forward and reverse. Hammer must be of a two piece configuration with bi-directional rotation. Direct push hammer must be capable of producing a minimum of 35 hertz percussion rate.

HYDRAULIC SYSTEMS: The hydraulic pressure shall have a maximum pressure of at least 3000PSI. The system shall be equipped with a full-flow replaceable element hydraulic oil filter in the low pressure return line. A hydraulic oil cooler shall be furnished. The hydraulic oil reservoir shall have adequate capacity and shall be equipped with a vented filler cap, level indicator sights and a magnetic drain plug. The hydraulic pump or pumps shall be driven from a point in the line of power transmission so that hydraulic power will be available whenever the engine is running. Hydraulic system must have sufficient power to meet all requirements listed elsewhere in this specification as well as powering the carrier in rough terrain up steep inclines.

Minimum capabilities

(a) 36,000lb down force

(b) 48,000lb retraction force

(c) 4,000psi system pressure

(d) 40gpm flow rate

ENGINE: The power unit shall be a self-contained electric starting, liquid-cooled, heavy-duty diesel engine capable of generating at least 58 horsepower. The engine shall meet U. S. EPA Tier 4 emission certification. The unit shall be equipped with a replaceable element air cleaner, electronic governor and a replaceable oil filter. The unit shall have a 12-volt electric starting system consisting of a starter, alternator, battery and regulator. The unit shall have keyed ignition switches, starter buttons, and electronic throttle switches on the drill control panel. The fuel tank shall have a capacity of at least 17 gallons and shall have a locking fuel cap. The engine shall power the carrier, pumps and the hammer. When coupled with the drill unit, the engine shall have sufficient power to meet all requirements listed elsewhere in this specification as well as powering the carrier in rough terrain up steep inclines.

AUGER HEAD: The machine shall be equipped with a four (4) speed auger head, with the following minimum specifications.

(a) 4,000 ft-lb high torque

(b) 400 ft-lb low torque

(c) 0-750 rpm high speed rotation

(d) 0-75 rpm low speed rotation

(e) 1 5/8” hex adapter

DRILLER'S CONTROL PANEL: All controls and gauges needed for the various drilling operations shall be placed in such a manner as to be easily accessible and convenient for the drill operator while permitting a view of the drilling operation at all times. The driller's control panel shall be mounted at the rear of the drill and shall include the following instrumentation and controls:

(a) Keyed ignition switch

(b) Emergency engine shut-off switch

(c) Engine throttle switch

(d) Engine diagnostic module or gauges to monitor engine parameters such as engine speed;

engine oil pressure; engine coolant temperature; system voltage; machine hours.

(e) Hydraulic gauges for systems

(f) Hydraulic controls for all standard and provided optional components The hydraulic levers shall have directional control that corresponds with cylinder movement.

SAFETY SHUT-DOWN SYSTEM: Emergency shut-off switches shall be located on the control panel and the remote control. When any emergency shut-off switch is activated, the rig must completely shut down.

HYDRAULIC WINCH: Unit shall be equipped with rotating mast with one (1) winch capable of lifting at least 2,350 lbf at 0-125 fpm.

BREAKOUT CLAMP: A 7” hydraulic rod holder with a clamping range of 1.25” - 6” and a clamping force of 0-17,500 lbf shall be included with the unit. The breakout torque shall be at least 6,000 ft-lbf.

MUD/GROUT PUMP: Rig shall have one 3L6 progressive cavity pump. Pump shall be mounted on the operator’s side of the unit. Mounting bracket shall include a table for work space. Power for the pump shall be supplied by a hydraulic motor operated from the drill hydraulic system. The pump assembly shall include adequate suction and pressure ports.

HYDRAULIC EXTRUDER: Rig shall have one approximately 5’ hydraulic extruder mounted to the helper side of the unit. Mounting bracket shall include a folding table for work space as well as a locking rod rack. The extruder shall also include a cradle for 3” shelby tubes and a extruder kit for 3” shelby tubes.

HYDRAULIC SPT HAMMER: A hydraulic SPT hammer system (conforming to ASTM D- 1586) shall be furnished that will lift a 140 pound drive weight 30 inches and completely release the weight for a 30 inch free fall. No rope or cable shall be attached to the weight that might impede free fall. The system shall have a minimum rate of at least 30 blows per minute. The hammer shall be preset at the factory for a consistent weight fall height through the use of adjustable priority hydraulic control valves. Once the valves are set, the fall height of the hammer weight shall not be affected by engine throttle adjustments. The fall height shall have a tolerance of plus or minus ½ inch. A method for visual verification of the fall height of the weight while the hammer is in operation shall be provided. The hammer shall be mounted to the upright drill frame in such a way that does not impede operation and is easily accessed and used by the operator. The hammer device shall be hydraulically raised or lowered by a hydraulic cylinder or hydraulic hoist cable. A 140lb drive weight shall be furnished. The hammer assembly must be made so that it can be removed from rig and not impede operation.

DROP RACK OPTIONS: Unit shall include a drop rod rack with machine vise that can be transported at the rear of the unit. Rear blade forks shall also be included to move pallets up to 2,500lbs.

OPTIONS: Unit shall include a high speed water swivel with NWJ pin assembly. In addition to the water swivel, an approximately100 gallon formed aluminum mud pan shall be included. A CPT valve kit, service kit and nitrogen charge kit shall be shipped with unit.

TOOLING: Unit shall include the following tooling:

(a) 40 - 1.5” probe rods, 60” long

(b) 2 - 1.25”/1.5” rod handle assemblies for 60 series hammer

(c) 1 - 1.5” thread less drive cap for 60 series hammer

(d) 40 - 2.25” probe rods, 60” long

(e) 2 - 2.25” rod handle assemblies for 60 series hammer

(f) 1 - 2.25” thread less drive cap for 60 series hammer

(g) 1 - 2.25” expendable point holder, 2.5” OD

(h) 40 - 3.5” probe rods, 60” long

(i) 2 - 3.5” rod handle assemblies for 60 series hammer

(j) 1 - 3.5” thread less drive cap for 60 series hammer

(k) 3 - 3.5” expendable point holder, 60” long

(l) 1 - 3.5” flange pull rod

(m) 25 - 3.5” expendable points

(n) 40 - 4.5” probe rods, 60” long

(o) 2 - 4.5” rod handle assemblies for 60 series hammer

(p) 1 - 4.5” thread less drive cap for 60 series hammer

(q) 3 - 4.5” expendable point holder, 4.5” OD

(r) 1 - 4.5” flange pull rod

(s) 25 - 4.5” expendable points

(t) 20 - 60” stainless steel extension rods

(u) 20 - extension rod quick link pin

(v) 20 - extension rod quick ling box

(w) 1 - extension rod handle

(x) 10 - MC5 sample tubes, 60” long

(y) 10 - MC5 drive heads, 1.5” with stop pin thread

(z) 5 - MC5, 60” piston rods

(aa) 20 - MC5 stop pins for 1.5” drive head

FLAT PLATE DILATOMETER: Unit shall include flat plate dilatometer package and a 20K dilatometer load cell package as specified:

(a) 2 high strength dilatometer blades

(b) 10 additional high strength “h” membranes

(c) 1 dilatometer dual gauge control unit

(d) 1 AW rod slotted adaptor

(e) 1 - 18 meter cable

(f) 1 - 24 meter cable

(g) 1 - 34 meter cable

(h) 1 - 24 meter extendable cable

(i) 1 - 0.5 meter connector cable

(j) 1- Nitrogen regulator & tubing

(k) 1- Electrical ground cable

(l) 1- AW rod-blade adapter

(m) 1 heavy duty equipment case

(n) 1 tool box with spare parts

(o) 1- Load cell, 20,000 lb. capacity

(p) 1- Electronic Jumper cable

(q) 1- Heavy duty equipment case

(r) 1- Electronic readout device

(s) 1- Load cell/AW rod adapter

(t) 1- Load cell/slotted push adapter

ENCLOSED TRAILER: Unit shall come with a fully enclosed trailer and loading ramps for transporting unit to various project locations throughout the United States. Trailer dimensions and payload capacity shall exceed the size and weight of drill rig and accessories. Trailer shall be equipped with electric brakes, break away system, safety chains with hooks and necessary brake and turn signal lighting. Trailer must meet or exceed D.O.T. regulations.

MISCELLANEOUS: All equipment cataloged as standard shall be furnished and shall be included in the purchase price of the unit. The component parts of the unit shall be of proper size and design to safely withstand maximum stresses imposed by a capacity load, and the manufacturer's rated loads for chains, bearings and universal joints shall not be exceeded when the unit is loaded with such loads.

The torque capacity of each driven part shall be equal to or exceed the torque capacity of its driving member.

This machine is to be delivered 60 calendar days after contract award in operating condition with acceptance subject to inspection and approval to:

USACE Engineers Depot 99 Grand Prize of America Blvd, Savannah Georgia, 31402

The successful bidder shall provide manufacturer’s approved training to familiarize personnel with the correct operation and servicing procedures for the equipment delivered at a time and place agreed upon by the government.

All items which require periodic lubrication shall be provided with a suitable lubrication fitting.

Two copies of the manufacturer's service manual containing operating instructions, maintenance instructions and a bill of material or parts list shall be furnished by the manufacturer.

All pressure systems shall be provided with suitable pressure relief valves. With the exception of the drilling tools, all moving parts which are so located as to be a hazard to operating or maintenance personnel shall be fully enclosed or properly guarded. Protective devices shall not impair the operating functions.

The equipment to be furnished under these specifications shall be warranted against defective design, materials and workmanship as standard with the manufacturer. Two copies of the manufacturer's standard guaranty or warranty shall be furnished.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.211-6 Brand Name or Equal AUG 1999 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.222-50 Combating Trafficking in Persons MAR 2015

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

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

Subcontractors

DEC 2013

52.243-1 Changes--Fixed Price AUG 1987 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (Deviation 2016-O0003)

OCT 2015

252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)

OCT 2015

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 252.204-7008 (Dev) Compliance with Safeguarding Covered Defense Information

Controls

OCT 2015

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 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 252.225-7048 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 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

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

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

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

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

Immediate owner CAGE code:

Immediate owner legal name: ___

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

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

[ ___ ] Yes or [ ___ ] No.

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

Highest-level owner CAGE code:

Highest-level owner legal name:

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

(End of provision)

52.209-2 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.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples. (i) 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.

(ii) 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.

(iii) 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.

(iv) 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).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

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:

(b) Lowest price quote of technically acceptable items. Technically acceptable is defined as items that meet or exceed the product specifications.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 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…