PRESOL | J | Elevator Maintenance Services - TERMS AND CONDITIONS - REPRESENTATIONS & CERTIFICATIONS

FBO DAILY ISSUE OF JULY 14, 2010 FBO #3154
SOLICITATION NOTICE

J -- Elevator Maintenance Services - TERMS AND CONDITIONS - REPRESENTATIONS & CERTIFICATIONS

Notice Date: 7/12/2010
Notice Type: Presolicitation
NAICS: 811310 — Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance
Contracting Office: Department of Energy, SLAC National Accelerator Lab, SLAC National Accelerator Lab, 2575 Sand Hill Road, Menlo Park, California, 94303, United States
ZIP Code: 94303
Solicitation Number: SLAC_Elevator_Maintenance_1
Archive Date: 8/3/2010
Point of Contact: Suzanne Nolan, Phone: 6509263605
E-Mail Address: snolan@SLAC.Stanford.EDU
(snolan@SLAC.Stanford.EDU)
Small Business Set-Aside: N/A
Description: REPRESENTATIONS & CERTIFICATIONS SLAC TERMS AND CONDITIONS PRE-SOLICITATION SLAC National Accelerator Laboratory anticipates issuing an Request for Proposal for elevator maintenance at 2575 Sand hill Road Menlo Park, CA under a competitive procurement to provide maintenance service for 15 SLAC elevators. The maintenance service contract will be divided into two core parts: (1) elevators under a full maintenance service contract (installed on or after 1994), and (2) elevators under a basic inspection and lubrication service contract (elevators installed before 1994). Elevators under the basic inspection and lubrication contract will be gradually rolled into the full maintenance contract as they are upgraded/modernized. The elevator maintenance service contract will also include 48-hour emergency response, and operational support for annual elevator re-certifications. The Subcontractor shall furnishing all material, labor, tools and equipment to provide combination full preventive maintenance/repair and basic inspection/lubrication services on the elevators included in this Subcontract. The anticipated Subcontract will be for one year with four one-year options, exercisable at the sole discretion of the University. Interested vendors shall review the required Terms and Conditions (SLAC National Accelerator Laboratory Terms and Conditions) and acknowledge agreement with said terms with their response to the Notice. Any award following the Request for Proposal will be a subcontract under Prime Contract No. DE-AC02-76SF00515 between the University and the United States Government (hereinafter called "Government"), represented by the Department of Energy (hereinafter called "DOE") for the management and operation of the SLAC National Accelerator Laboratory (hereinafter called "SLAC") and the performance of certain research and development work. The awarded Subcontract will be subject to the SLAC National Accelerator Laboratory Terms and Conditions for Commercial Supplies and Services (M367 for On-site Work). Government" shall mean "DOE." References made to "SLAC," the "Laboratory," the "Contractor," "or "SLAC National Accelerator Laboratory," shall mean the "University.". With their expression of interest in receiving an RFP Vendors responding to this notice shall submit the following information and answer all the questions below. The interested vendors may submit this information to snolan@slac.stanford.edu concurrent with their registration on Fed Biz Ops as interested vendors for this proposed RFP. Interested vendors shall review the required Terms and Conditions and with their response to the Notice and confirm their acknowledgement and agreement with the SLAC National Accelerator Laboratory Terms and Conditions. Provide a Qualification Statement NAME, MAIN OFFICE ADDRESS,CORPORATE For Firms That Are Corporations - date of incorporation under the laws of (what state) (c) Is the firm a subsidiary, parent, holding company or affiliate of another company engaged in the elevator repair or maintenance service? 2. Business Licenses: (a) List all California license numbers, classifications and expiration dates of the California licenses held by your firm Has your firm's (or employees') license(s) been revoked at any time in the last five years? Experience: Include at a minimum 3 references/maintenance contracts where the service was performed for a period of least 2 years. Safety: Has CAL OSHA cited and assessed penalties against your firm for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? List your firm's Experience Modification Rate (EMR) for each of the past three premium years. Insurance: Confirm ability to provide the following insurance coverages during the performance of this Subcontract.: GENERAL LIABILITY $2MM EACH OCCURRENCE (Bodily Injury/Property Damage) & 4MM AGGREGATE; $1MM WORKER's COMPENSATION; $1MM AUTOMOBILE COVERAGE Compliance with Labor Laws: Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the SERVICE CONTRACT ACT OF 1965, AS AMENDED (JUL 2005) Debarred: NOTE THE REPRESENTATIONS & CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS FINANCIAL STATEMENTS Provide under separate cover to snolan@slac.stanford.edu Three years of audited or reviewed financial statements for the company which is proposed to provide service Terms and Conditions for Fixed Price Commercial Supplies and Services (FOR ON-SITE WORK) 1. DEFINITIONS As used in this Purchase Order, the term: a. "Item" means the commercial item or commercial component, as defined in FAR 52.202-1, Ordered under the Purchase Order. b. "Buyer" means the Board of Trustees of the Leland Stanford Jr. University, or any duly authorized representative thereof. c. "Government" means the Government of the United States of America. d. "DOE" means the United States Department of Energy. e. "Seller" means the firm (individual person and/or entity) supplying the materials, equipment or services called for under this order. f. "Commercial item" means: 1. Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and - (a) Has been sold, leased, or licensed to the general public; or (b) Has been offered for sale, lease, or license to the general public; 2. Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions. This does not include services that are sold based on hourly rates without an established catalog or market price for a specific service performed or a specific outcome to be achieved. For purposes of these services: (a) "Catalog price" means a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or vendor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public; and (b) "Market prices" means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors. SLAC NATIONAL ACCELERATOR LABORATORY 2. ACCEPTANCE - CONTRACT TERMS 3. PUBLICITY Seller agrees not to release any advertising copy mentioning Buyer or quoting the opinion of any of Buyer's employees unless such copy is approved by Buyer before release. Neither this Purchase Order nor any interest therein nor claim thereunder shall be assigned or transferred by the Seller except as expressly authorized in writing by the Buyer; provided; that the Seller or its assignee's rights to be paid amounts due as a result of performance of this Purchase Order may be assigned to a bank, trust company or other financing institution, including any Federal lending institution. Payments to an assignee shall be subject to setoff or recoupment for any present or future claims of Buyer against Seller. 4. ASSIGNMENT 5. PERMITS AND LICENSES M367 (Rev 19Feb2010) Page 1 of 8 SLAC NATIONAL ACCELERATOR LABORATORY Terms and Conditions for Fixed Price Commercial Supplies and Services (FOR ON-SITE WORK) 7. TAXES 8. EXTRAS Except as otherwise provided in this order, no payment for extras shall be made unless such extras and the price therefore have been authorized in writing by the Buyer. 9. CHANGES Changes in the terms and conditions of the Purchase Order may be made only by the written agreement of the parties. 10. INSTRUCTIONS FOR PACKAGING Packing and packaging shall be adequate to prevent damage when shipped by common carrier or method utilized. Any damage resulting from improper packaging, containerizing, or lack thereof shall be the liability of the Seller. The Seller shall indicate the Purchase Order number on each container or package. An itemized packing list shall be affixed to the outermost cover of each container or package. The use of biodegradable packaging materials is encouraged. a. Except as may be otherwise provided in this order, the selling price includes all applicable Federal taxes in effect on the date of this order but does not include any State or local sales, use, or other tax directly applicable to the completed supplies or services covered by this order nor any other tax from which the Seller or this transaction is exempt. Upon request of the Seller, the Buyer shall furnish, unless no legal basis exists therefore, a tax exemption certificate or similar evidence of exemption with respect to any such tax not included in the Seller's price pursuant to this article. b. Tax Withholding: The University will automatically deduct 1099 withholdings from any invoice paid to independent contractors/consultants based on the following criteria 1. Payable to U.S. California Residents - no tax withholding but will be reported to IRS and California State Franchise Tax Board for 1099 tax reporting. 2. Payable to U.S. Non-California Residents (for work performed in California) - The University will withhold 7% California State Tax if the vendor is paid over $1,500.00 in a calendar year. 3. Payable to U.S. Non-California Residents (for work performed outside of California) - no tax withholding but will be reported to California State Franchise Tax Board for 1099 tax reporting. 4. Payable to Non-U.S. Residents (for work performed outside of California) - The University will withhold 30% Federal Tax. In addition, the University will withhold 7% State Tax if the independent contractor is paid over $1,500.00 in a calendar year. 5. Payable to Non-U.S. Residents (for work performed outside the U.S.) - no reporting or withholding. 6. Invoices submitted for payment, as a result of this purchase order, must clearly specify any and all hours worked in the State of California and worked outside of the State of California. 11. QUALITY OF ITEMS Terms and Conditions M367 (Rev 19Feb2010) Page 2 of 8 SLAC NATIONAL ACCELERATOR LABORATORY Terms and Conditions for Fixed Price Commercial Supplies and Services (FOR ON-SITE WORK) 14. EXCUSABLE DELAYS 17. INVOICES AND PAYMENTS 18. TRAVEL 19. CLAUSES INCORPORATED BY REFERENCE Terms and Conditions M367 (Rev. 19Feb2010) Page 3 of 8 SLAC NATIONAL ACCELERATOR LABORATORY Terms and Conditions for Fixed Price Commercial Supplies and Services (FOR ON-SITE WORK) FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006), with Alternate I (OCT 1995). Use this clause if the Subcontract exceeds $100,000 FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997), if the Subcontract exceeds $100,000. FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005), if the Subcontract exceeds $100,000. FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004), if the Subcontract exceeds $100,000. FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (SEP 2006), if the Subcontract exceeds $550,000, unless the Subcontractor is a small business or there are no subcontracting possibilities. FAR 52.222-21 PROHIBITATION OF SEGREGATED FACILITIES (FEB 1999), if the Subcontract exceeds $10,000. FAR 52.222-26 EQUAL OPPORTUNITY (APR 2002) (Note: Download the EEO Poster at: http://www.dol.gov/esa /; select "Posters" then "Equal Employment Opportunity Act)" FAR 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006), if the Subcontract value is $100,000 or greater. FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998), if the Subcontract exceeds $10,000. FAR 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006), if the Subcontract value is $100,000 or greater. FAR 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004), if the Subcontract exceeds $100,000. FAR 52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (JUL 2005), if the Subcontract is principally for the furnishing of services through the use of "service employees" and if the subcontract exceeds $2,500 UNLESS the Subcontract qualifies for class deviation under Section 4(b) of the McNamara-O'Hara Service Contract Act. FAR 52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT (FEB 2002), if FAR clause 52.222-41 applies. FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN2009) FAR 52.225-1 BUY AMERICAN ACT - SUPPLIES (JUN 2003) FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006) DEAR 952.204-71 SENSITIVE FOREIGN NATIONS CONTROLS (APR 1994) FAR 52.227-1 AUTHORIZATION AND CONSENT (JUL 1995) If the Subcontract exceeds $100,000. FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (AUG 1996), if the Subcontract exceeds $100,000. FAR 52.227-3 PATENT INDEMNITY (APR 1984), if the Subcontract exceeds $100,000. DEAR 952.227-9 REFUND OF ROYALTIES (FEB 1995), if "royalties" are paid under the Subcontract by the Subcontractor, or by a subcontractor at any tier. FAR 52.227-14 RIGHTS IN DATA-GENERAL (JUN 1987), with Alternate V, and DEAR 927.409 paragraphs (a) and (d) (3). If delivery of Restricted Computer Software is required, then add Alternate III. If delivery of Limited Rights Data is required, then add Alternate II with the following five purposes to be added at the end of paragraph (a) of the clause: Use (except for manufacture) by other contractors; Evaluation by non-government evaluators; Use (except for manufacture) by other contractors participating in the Government's program of which the specific subcontracts is a part, for information and use in connection with the work performed under each subcontracts; Emergency repair or overhaul work; and Release to a foreign government, or instrumentality thereof, as the interests of the United States Government may require, for information or evaluation, or for emergency repair or overhaul work by such government. FAR 52.227-19 COMMERCIAL COMPUTER SOFTWARE-RESTRICTED RIGHTS (JUN 1987), if the Subcontract involves the acquisition of commercially available computer software & a GSA/Subcontractor Multiple Award Federal Supply Schedule Contract is not applicable. The FAR and DEAR clauses listed below, which are located in Chapters 1 and 9, respectively, of Title 48 of the Code of Federal Regulations, are incorporated by this reference as a part of the University's Purchase Order or Subcontract (hereinafter "Subcontract") as prescribed below. As used in the clauses, the term "contract" shall mean the Subcontract; the term "Contractor" shall mean the entity (hereinafter "Subcontractor") who entered into the Subcontract with the University; the term "subcontractor" shall mean the Subcontractor's subcontractor; and the terms "Government" and "Contracting Officer" shall mean the University, except in FAR clauses 52.227-1, 52.227-2, 52.227-3, 52.227-14, and 52.227-19, and DEAR clauses 970.5232-3, and 970.5245-1, in which clauses "Government" shall mean the U. S. Government and "Contracting Officer" shall mean the DOE Contracting Officer for Prime Contract DE-AC02-76SF00515 with the University. The Subcontractor shall include the listed clauses in its subcontracts at any tier, to the extent applicable. When travel is included as part of the performance under the Purchase Order and is set forth as a specific cost/price element in the Purchase Order, the following requirements shall apply: 1. Expenses for Domestic travel, lodging, meals, and incidental expenses shall be considered reasonable and allowable only to the extent that they do not exceed the maximum per diem rate in effect at the time of travel as set forth in the Federal Travel Regulations for the area of travel covered by this Purchase Order/Subcontract. The Seller/Subcontractor shall submit with its invoice, receipts or ticket stubs for items in excess of $25 for fares, lodging, parking fees, toll charges, automobile rentals, etc. 2. Any Foreign travel, if required under this Purchase Order/Subcontract, shall be conducted pursuant to the requirements contained in DOE Order 551.1, "Official Foreign Travel" or any subsequent version of the Order in effect at the time of award. Note: All Foreign travel requests must be entered into the DOE Foreign Travel Management System (FTMS) within 60 calendar days before the proposed departure date. For the convenience of the traveler, the form "Request for Approval for Foreign Travel" (RAFT) is available at: http://www-group.slac.stanford.edu/bsd/travel/default.htm. The RAFT must be completed and transmitted to the Buyer/Contract Specialist no later than 60 calendar days prior to the proposed departure date. Upon receipt of the Request for Approval for Foreign Travel, the Buyer/Contract Specialist shall coordinate through the UTR and SLAC Travel Office the submission of the RAFT to the DOE FTMS for review and approval. Note: No Foreign travel shall be taken until a DOE FTMS Foreign Travel Approval Number has been obtained from the SLAC Travel Office and transmitted to the Seller/Subcontractor. Reimbursement for Foreign travel incurred without a FTMS Approval Number will not be allowed. The SLAC Travel Office may be contacted at Phone 650-926-4346. Except as otherwise provided in this order, the Seller shall be paid, upon the submission of invoices or vouchers in a form satisfactory to the Buyer, the prices stipulated herein for supplies or equipment delivered and accepted or for services rendered and accepted, less deductions if any, as herein provided. Unless otherwise specified, partial payments will not be made. This, however, should not be construed to mean payments for partial shipments of complete items (as distinguished from components) will not be made. It shall be understood that the cash discount period to Buyer will date from the date of receipt of merchandise or the invoice, whichever is later, and not from the date of invoice. Payments shall be made by check. The Seller shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Seller and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, flood, epidemics quarantine, restrictions, strikes, unusually severe weather, and delays of common carriers. The Seller shall notify the Buyer in writing as soon as reasonably possible after commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give the University written notice of the cessation of such occurrence. 15. TERMINATION FOR THE CONVENIENCE OF BUYER The Buyer reserves the right to terminate this Purchase Order, or any part hereof, for its sole convenience. In the event of such termination, Seller shall immediately stop all work terminated and shall immediately cause any and all of its affected suppliers and subcontractors to cease work. Subject to the terms of this Purchase Order, Seller shall be paid a percentage of the price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that Seller can demonstrate to the satisfaction of Buyer using its standard record keeping system, have resulted from the termination. Seller shall not be required to comply with federal cost accounting standards or federal contract cost principles for this purpose. This article does not give the Buyer any right to audit Seller's records. Seller shall not be paid for any work performed or costs incurred which reasonably could have been avoided. 16. TERMINATION FOR CAUSE The Buyer may terminate this Agreement for default, in whole or in part, for cause in the event of any default by the Seller, or if the Seller fails to comply with any Purchase Order term or condition, or fails to provide the Buyer, upon request, with adequate assurances of future performance. In the event of Termination for Cause, the Buyer shall not be liable to the Seller for any amount for supplies or services not accepted, and the Seller shall be liable to the Buyer for any and all rights and remedies provided by law. If it is determined that the Buyer improperly terminated this contract for default, such termination shall be deemed a Termination for Convenience. All Item(s), including any materials and supplies furnished by the Seller in performance of any services, shall as a minimum: (1) be new or reconditioned and so identified and warranted as new and not of such age or so deteriorated as to impair their usefulness or safety; (2) be as warranted; and (3) not contain any counterfeit or suspect materials, parts, or components. The furnishing of reconditioned Items must be specified in the Purchase Order or approved by the Buyer's Purchasing Representative. Types of materials, parts, and components known to have been counterfeit or suspect include, but are not limited to: electrical components, piping, fittings, flanges, and fasteners. The Buyer will not accept any Items or any services involving the furnishing of materials or supplies found by the Buyer to not conform to these minimum requirements, notwithstanding any inspection or acceptance of delivery by the Buyer, unless such condition is specifically approved in writing by the Buyer's Purchasing Representative. 12. INSPECTION 13. WARRANTY The Seller warrants that all services, supplies and equipment delivered hereunder shall be free from all defects in materials and workmanship and shall comply with all the requirements of this order. The warranty shall begin upon acceptance and extend for a period of (1) the manufacturer's warranty period or six months, whichever is longer, if Seller is not the manufacturer and has not modified the item or (2) one year or the manufacturer's warranty period, whichever is longer, if Seller is the manufacturer of the item or has modified it. Any defective supplies or equipment shall be promptly repaired or replaced during the warranty period at no cost to Buyer. All expenses of return shipment and reshipment to Buyer shall be borne by Seller. a. The Buyer reserves the right to inspect all and every part of the items under this Purchase Order, during and after completion of performance. The Buyer shall not be obligated to inspect the items, and neither the inspection nor the lack of inspection by the Buyer shall relieve the Seller of its responsibility for providing the items in accordance with the terms and conditions of this Purchase Order. The inspection or use of or payment for an item under this Purchase Order, either wholly or in part, shall not be construed as acceptance. b. If any item or any part of it is not in accordance with the terms and conditions of this Purchase Order, the Buyer shall notify the Seller that the item is rejected. Thereupon, the Seller shall, at its own expense, take the necessary corrective action. The Buyer shall reject performance or revoke its acceptance of an item: (1) within a reasonable time after a defect is discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to a defect in the item. The Seller must have and maintain the license and/or certification appropriate to his/her trade, issued by the relevant Trade Association or State Regulatory Agency. Except as otherwise directed by the University, the Seller also shall, without additional expense to the University, be responsible for obtaining any other necessary licenses and permits, and for complying with any applicable Federal, State, and municipal laws, codes and regulations in connection with the prosecution of the work. It shall be similarly responsible for all injury and/or damages to persons or property that arises out of, in connection with or any way related to the work under this Purchase Order. It shall take proper safety and health precautions to protect the work, the workers, the public and the property of others. It shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire Purchase Order work, except for any completed unit of construction thereof which heretofore may have been accepted. 6. TITLE AND RESPONSIBILITY a. Title to the material and supplies Purchased hereunder shall pass to the Government at the point of delivery to the Buyer; and, if purchased F.O.B. Shipping Point, delivery to the carrier by the Seller shall be deemed delivery to the Buyer. No insurance charges will be allowed unless specifically authorized in the order. b. Except as otherwise provided in this order (i) the Seller shall be responsible for the supplies covered by this order until they are delivered at the designated delivery point, regardless of the point of inspection: (ii) the Seller shall bear all risks as to rejected supplies after notice of rejection, except that the Buyer shall be responsible for the loss, or destruction of, or damage to, the supplies if loss, destruction or damage results from the gross negligence of officers, agents, or employees of the Buyer acting within the scope of their employment. c. The actual total transportation charges paid to the carrier(s) by the consignor or consignee shall be reimbursed by the Seller. a. The Buyer agrees that, unless otherwise provided herein, the Seller may accept this order by performance hereof or in writing at the option of the Seller. b. Seller, by accepting this order, agrees that (i) this order as written by the Buyer sets forth the entire Order between the Buyer and the Seller, and (ii) no form or document supplied by the Seller shall constitute a part of this order unless specifically accepted in writing by the Buyer.SLAC National Accelerator Laboratory Operated for the U.S. Department of Energy by Stanford University SLAC-Reps and Certs December 2007 Page 1 of 4 REPRESENTATIONS AND CERTIFICATIONS (This solicitation is issued under Contract No. DE-AC02-76SFO0515 with the Department of Energy) The following Representation & Certification solicitation provisions must be completed and this form must be signed and returned with the offeror's proposal. As used herein, the term "Contract" shall mean the Purchase Order or Subcontract resulting from this solicitation; the term "Contractor" shall mean the entity (herinafter "Subcontractor") who shall enter into the Purchase Order or Subcontract with the University; the term "subcontract" shall mean the Subcontractor's subcontractor; and the terms "Government" and "Contracting Officer" shall mean the University. The term "Offer" includes "Bid," "Proposal," and "Quotation;" and the term "Offeror" includes "Bidder," "Proposer," "Quoter," and "Vendor" as may be applicable. NOTICE: Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, small disadvantaged, HUBZone small, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to Sections 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references Section 8(d) for a definition of program eligibility, shall (1) be punished by imposition of a fine, imprisonment, or both; (2) be subject to administrative remedies including suspension and debarment; and (3) be ineligible for participation in programs conducted under the authority of the Act. The Offeror represents and certifies as part of its offer that: (Check or complete all applicable boxes or blocks.) 1. TYPE OF ORGANIZATION. It operates as &#56256;&#56453; an individual, &#56256;&#56453; a sole proprietorship, &#56256;&#56453; a partnership, &#56256;&#56453; a nonprofit organization, &#56256;&#56453; a professional corporation, or &#56256;&#56453; other corporation incorporated in the State of __________________, or country __________________, if a foreign country. BIDDER/OFFEROR AFFILIATION AND IDENTIFYING DATA. Taxpayer identification number (TIN) (26U.S.C. 6050M). (a) Taxpayer Identification Number (TIN). Offeror's TIN: _____________________ TIN has been applied for. TIN is not required because: Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.; Offeror is an agency or instrumentality of a foreign government; Offeror is an agency or instrumentality of a Federal, state, or local government; Other. State basis. 2. SMALL BUSINESS. It &#56256;&#56453; is, &#56256;&#56453; is not a small business concern and that &#56256;&#56453; all, &#56256;&#56453; not all end items to be furnished will be manufactured or produced by a small business concern in the United States or its outlying areas as defined in 48 CFR subpart 2.101. "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 121. 3. VETERAN-OWNED SMALL BUSINESS. It &#56256;&#56453; is, &#56256;&#56453; is not a veteran-owned small business concern. "Veteran-owned small business concern" means a small business concern (a) 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 (b) the management and daily business operations of which are controlled by one or more veterans. 4. SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS. It &#56256;&#56453; is, &#56256;&#56453; is not a service-disabled veteran-owned small business concern. (a) "Service-disabled veteran-owned small business concern" 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 veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (b) "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). 5. HUBZone SMALL BUSINESS. It &#56256;&#56453; is, &#56256;&#56453; is not a HUBZone small business concern appearing, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126. 6. SMALL DISADVANTAGED BUSINESS CONCERN. It &#56256;&#56453; has, &#56256;&#56453; has not received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR 124, subpart B, and, if it has: (a) No material change in disadvantaged ownership and control has occurred since its certification; (b) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.1 04(c)(2); and (c) It is identified, on the date of this representation, as a certified small disadvantaged business concern in the Central Contractor Registration (CCR) database. 7. WOMEN-OWNED SMALL BUSINESS. It &#56256;&#56453; is, &#56256;&#56453; is not a women-owned small business concern. "Women-owned small business concern" means a small business concern that (a) 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 (b) the management and daily business operations of which are controlled by one or more women. SLAC National Accelerator Laboratory REPRESENTATIONS AND CERTIFICATIONS SLAC-Reps and Certs December 2007 Page 2 of 4 8. EQUAL OPPORTUNITY. (Applicable if offer exceeds $10,000) (a) It &#56256;&#56453; has, &#56256;&#56453; has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation, or the clause contained in Section 201 of Executive Order No. 11114; (b) It &#56256;&#56453;has, &#56256;&#56453; has not filed all required compliance reports. 9. a. AFFIRMATIVE ACTION COMPLIANCE PROGRAM (Not applicable to Construction Work) The bidder/offeror represents that (a) it has &#56256;&#56453; developed and has on file, has not &#56256;&#56453; developed and does not have on file, at each establishment an affirmative action program as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it has not &#56256;&#56453; previously had contracts subject to written affirmative action program requirements of the rules and regulations of the Secretary of Labor. b. EQUAL OPPORTUNITY COMPLIANCE (Applicable to all proposals exceeding $1,000,000.) The bidder/offeror represents: 1) That a full compliance review of the bidder/offeror's employment practices has &#56256;&#56453;, has not &#56256;&#56453; been conducted by an agency of the Federal Government. 2) If a full compliance review has been conducted by an agency of the Federal Government, the most recent compliance review was conducted on ___________ by ___________________. (Date) (Federal Agency) 3) The proposed first-tier subcontractors which will be awarded subcontracts of $1,000,000 or more are. Any bidder/offeror and its known first-tier subcontractors which will be awarded subcontracts of $1,000,000 or more will be subject to full, preaward equal opportunity compliance reviews before the award of the subcontract for the purpose of determining whether the proposer and its subcontractors are able to comply with the provisions of the Equal Opportunity clause. 10. NOTICE OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES. a. Offerors and Bidders are cautioned as follows: By signing this bid/offer, the bidder/offeror will be deemed to have signed and agreed to the provisions of the "Certification of Nonsegregated Facilities" in this solicitation set out below. The certification provides that the offeror does not maintain or provide for its employees facilities which are segregated on a basis of race, creed, color, or national origin, whether such facilities are segregated by directive or on a defacto basis. The certification also provides that it will not maintain such segregated facilities. Failure of a bidder/offeror to agree to the Certification of Nonsegregated Facilities will render its offer nonresponsible to the terms of solicitations involving awards of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause. b. Certification of Nonsegregated Facilities: The bidder/offeror (hereinafter called the "Subcontractor") certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The Subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in the Subcontract or Order for which this offer is submitted. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The Subcontractor further agrees that (except where the proposed subcontractors have submitted identical certifications for specific time periods), it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that it will retain such certifications in its files; and that it will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods). c. Notice to Prospective Subcontractors of Requirement for Certifications on Nonsegregated Facilities: A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, annually). 11. REGULAR DEALER-MANUFACTURER (Applicable only to supply contracts exceeding $10,000.) It is a ____ regular dealer in _____manufacturer of, the supplies offered. 12. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS. (Applicable if offer exceeds $25,000.) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that: (i) The Offeror and/or any of its Principals: (A) &#56256;&#56453; Are, &#56256;&#56453; are not at present debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) &#56256;&#56453; Have, &#56256;&#56453; 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, or receiving stolen property; and (C) &#56256;&#56453; Are, &#56256;&#56453; are not at present 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. (ii) The Offeror &#56256;&#56453; has, &#56256;&#56453; has not within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE. SLAC National Accelerator Laboratory REPRESENTATIONS AND CERTIFICATIONS SLAC-Reps and Certs December 2007 Page 3 of 4 (b) The Offeror shall provide immediate written notice to the University if, at any time prior to subcontract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 13. PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (Applicable if offer exceeds $100,000.) (a) The definitions and prohibitions contained in the Limitation on Payments to Influence Certain Federal Transactions clause, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. (b)The Offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989: (1) 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 awarding of this subcontract; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) 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 this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the University; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this subcontract imposed by Section 1352, Title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 14. TOXIC CHEMICAL RELEASE REPORTING. (Applicable if offer exceeds $100,000.) (a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for subcontract award. (b) By signing this offer, the Offeror certifies that - (1) As the owner or operator of facilities that will be used in the performance of this subcontract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the Offeror will file and continue to file for such facilities for the life of the subcontract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or (2) None of its owned or operated facilities to be used in the performance of this subcontract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: [Check each block that is applicable.] &#56256;&#56453; (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65; &#56256;&#56453; (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A); &#56256;&#56453; (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA); &#56256;&#56453; (iv) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors: (A) Major group code 10 (except 1011, 1081, and 1094). (B) Major group code 12 (except 1241). (C) Major group codes 20 through 39. (D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce). (E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or &#56256;&#56453; (v) The facility is not located in the United States or its outlying areas. 15. ANTI-KICKBACK. (Applicable if offer exceeds $100,000.) By submission of this offer, the Offeror certifies that it has not provided, attempted to provide, offered to provide, solicited, accepted, or attempted to accept any kickback; and has not included, directly or indirectly, the amount of any kickback in the offer. "Kickback" means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind that is provided, directly or indirectly, to any Government prime contractor (e.g., the University), prime contractor employee, subcontractor at any tier, or employee of a subcontractor at any tier, for the purpose of improperly obtaining or rewarding favorable treatment in connection with a Government prime contract or in connection with a subcontract at any tier relating to a Government prime contract. 16. BUY AMERICAN CERTIFICATE. The bidder/offeror hereby certifies that each end product, except the end products listed below, is a domestic source end product (as defined in the provision entitled "Buy American Act"); and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States. 17. PERCENT OF FOREIGN CONTENT The bidder/offer will represent (as an estimate), herein, before the award of a purchase order or subcontract, the percent of the foreign content of the item or service being procured expressed as a percent of the subcontract award price (accuracy within plus or minus 5 percent is acceptable). Percent of Foreign Content: ____. 18. PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (a) "Segregated Facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. SLAC National Accelerator Laboratory REPRESENTATIONS AND CERTIFICATIONS SLAC-Reps and Certs December 2007 Page 4 of 4 (b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. 19. EMPLOYEE-VENDOR RELATIONSHIP CERTIFICATION An affirmative response in the following certification will require the University to evaluate your offer to determine whether a conflict of interest exists. A determination that a conflict of interest exist may necessitate rejection of your offer. The fact that an employee or former employee of Stanford University, or near relative of an employee owns, controls, or has a significant financial interest in your organization will not, in and of itself, necessarily be cause for rejection of your offer. Definitions: Employee: Any individual who is presently employed by any entity of Stanford University, including the Stanford Linear Accelerator Center. Former Employee: An individual who has retired or separated from Stanford University, was dismissed, or was otherwise formerly employed by the University. Near Relative: The employee's spouse, child, parent, brother, sister, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law of a Stanford University employee, and step-relatives in the same relationship. Near relative also includes the domestic partner of a University employee and a relative of the domestic partner in one of the foregoing relationships. Control: Having some right to direct or transfer property (even though there exists no actual title to the property, such as trusteeship, power of appointment, or contract) that could be the basis for influence upon the selection or decisions of an organization's management personnel. Significant Final Interest: Owning or controlling more than 10 percent of the organization. Certification: To the best of my knowledge and belief, an employee or former employee of Stanford University or a near relative of an employee [ ] does [ ] does not own, control, or have significant financial interest in the Offeror's organization. If an employee or former employee of Stanford University or near relative thereof does own, control, or have significant financial interest in the Offeror's Organization, identify the employees and the Stanford University entity where that person is employed Signature Company Name Name Address Title City, State, Zip Code Date Telephone Number
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Place of Performance: Address: SLAC National Accelerator Laboratory, 2575 Sandhill Road, Menlo Park, Menlo Park, California, 94025, United States; Zip Code: 94025
Record: SN02202987-W 20100714/100712235043-17deac5dc5fab229bd6a1351d7c75d23 (fbodaily.com)
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