FBODaily.com | FedBizOpps: MOD | J | Mechanical systems and associated water treatment service

FBO DAILY - FEDBIZOPPS ISSUE OF MAY 15, 2014 FBO #4555
MODIFICATION

J -- Mechanical systems and associated water treatment service

Notice Date: 5/13/2014
Notice Type: Modification/Amendment
NAICS: 811310 — Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance
Contracting Office: Other Defense Agencies, Defense Microelectronics Activity, Defense Microelectronics Activity, 4234 54th Street, McClellan, California, 95652, United States
ZIP Code: 95652
Solicitation Number: HQ0727-14-R-0013
Archive Date: 6/11/2014
Point of Contact: Ana R. Fragoso, Phone: 9162311583, Lucy Boswell, Phone: 9162312824
E-Mail Address: ana.fragoso@dmea.osd.mil, lucy.boswell@dmea.osd.mil
(ana.fragoso@dmea.osd.mil, lucy.boswell@dmea.osd.mil)
Small Business Set-Aside: N/A
Description: K = Combined Synopsis/Solicitation Notice PSC Classification: J045 NAICS Code: 811310 Title: Mechanical systems and associated water treatment service contract with four option years This is a combined synopsis/solicitation for a commercial service prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Request for Proposal (RFP) reference number is HQ0727-14-R-0013. Quotes shall be valid for a minimum of 60 days. The NAICS code is 811310 with a size standard of $7M. The Government intends to award a Firm Fixed Price (FFP) contract for a a base year and four option periods on an unrestricted, full and open competition basis. The Service Contract Act applies and Wage Determination No.: 2005-2056, Revision No.: 16, dated 06/19/2013 is incorporated by reference. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-72. Contract Line Item (CLIN) 0001, 12 months, Preventative Maintenance for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014; CLIN 0002, 1 LOT, Remedial/Emergency Maintenance for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014; CLIN 0003, 1 LOT, Over & Above Work for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014; CLIN 0004, Option Year One (1), 12 months, Preventative Maintenance for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014; CLIN 0005, Option Year One (1), 1 LOT, Remedial/Emergency Maintenance for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014; CLIN 0006, Option Year One (1), 1 LOT, Over & Above Work for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014; CLIN 0007, Option Year Two (2), 12 months, Preventative Maintenance for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014; CLIN 0008, Option Year Two (2), 1 LOT, Remedial/Emergency Maintenance for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014; CLIN 0009, Option Year Two (2), 1 LOT, Over & Above Work for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014; CLIN 0010, Option Year Three (3), 12 months, Preventative Maintenance for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014; CLIN 0011, Option Year Three (3), 1 LOT, Remedial/Emergency Maintenance for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014; CLIN 0012, Option Year Three (3), 1 LOT, Over & Above Work for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014; CLIN 0013, Option Year Four (4), 12 months, Preventative Maintenance for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014; CLIN 0014, Option Year Four (4), 1 LOT, Remedial/Emergency Maintenance for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014; CLIN 0015, Option Year Four (4), 1 LOT, Over & Above Work for Mechanical Systems and Water Treatment, IAW Attachment 1, PWS 14-4E9, dated 13 May 2014 & Attachment 2, Technical Exhibit, dated 26 March 2014. FOB point: destination, unless otherwise identified in proposal. INSTRUCTIONS TO OFFERORS SITE VISIT INSTRUCTIONS The Government has a pre-proposal site visit, during which potential offerors may obtain a better understanding of the work required. The site visit is scheduled for 06 MAY 2014. Please RSVP for the site visit by e-mailing Ana Fragoso at ana.fragoso@dmea.osd.mil by 05 MAY 2014, 9:00 a.m. PST. Please provide the attendees' name(s), phone number, e-mail, confirmation of US citizenship, company name, company address, cage code and DUNS number. DMEA is a secure facility. Those attending the Site Visit must be US citizens. Identification is required for entry into DMEA's facility. Those attending the Site Visit are requested to arrive at the entrance to building 620, 20 minutes prior to the start of the site visit in order to allow time to process through security. Notwithstanding any remarks or clarifications given at the visit, all terms and conditions of the solicitation remain unchanged unless they are changed via an amendment to the solicitation. Potential offerors may submit questions in writing, regarding the performance work statement and terms and conditions of this solicitation by email to Ana Fragoso at ana.fragoso@dmea.osd.mil no later than 09 MAY 2014 11:00 a.m. PST. Not attending the site visit does not prohibit a potential offeror from submitting a proposal. The Government assumes no responsibility for any expense incurred by any offeror prior to contract award. To request a copy of the RFP documents, e-mail Ana Fragoso at ana.fragoso@dmea.osd.mil. Proposals must be submitted by e-mail to ana.fragoso@dmea.osd.mil and received by 8:00 a.m. Pacific Daylight Time, 19 May 2014. CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions 52.203-3 Gratuities 52.204-7 System for Award Management 52.212-1 Instructions to Offerors--Commercial Items 52.212-4 Contract Terms and Conditions--Commercial Items 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.252-1 Solicitation Provisions Incorporated By Reference To view provisions in full text, please visit: http://farsite.hill.af.mil/vffara.htm 52.252-2 Contract Clauses Incorporated By Reference To view clauses in full text, please visit: http://farsite.hill.af.mil/vffara.htm 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7011 Alternative Line Item Structure 252.204-0001 Line Item Specific: Single Funding 252.204-7012 Safeguarding of Unclassified Controlled Technical Information 252.209-7993 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law-Fiscal Year 2014 Appropriations. 252.201-7000 Contracting Officer Representative 252.215-7008 Only One Offer 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials 252.225-7012 Preference for Certain Domestic Commodities 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card 252.232-7006 Wide Area Workflow Payment Instructions 252.232-7010 Levies On Contract Payments 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.239-7017 Notice of Supply Chain Risk 252.239-7018 Supply Chain Risk 252.243-7002 Requests for Equitable Adjustment 252.244-7000 Subcontracts for Commercial Items F-13 PLACE OF PERFORMANCE 4234 54th Street, McClellan, CA 95652 G-909 WAWF Submittal Information (Local) H-957 Contractor Manpower Reporting Application CLAUSES INCORPORATED BY FULL TEXT 52.212-2 -- Evaluation -- Commercial Items (Jan 1999) (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: The Government intends to evaluate and award using the Lowest Price Technically Acceptable Best Value Process. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. Tradeoffs are not permitted. Incomplete proposals or those not meeting the technical or contractual requirements shall be considered non-responsive and given no further consideration. Past Performance will be evaluated using the information provided in Attachment 4, Past Performance Questionnaire/Survey in order to assign a risk assessment. The Government may contact references other than those identified by the offeror and use that information in the past performance evaluation. If the offeror does not have any past performance information, the offeror will be given a neutral rating and will not be evaluated favorably or unfavorably for this criterion. TECHNICAL Offeror is to complete the following tables and provide all information as listed: 1. Contractor Company Requirements Category Requirement Fill in blanks Mechanical System Qualifications The company shall hold current valid California Contractor State License with all listed specialties California Contractors State License Board Licenses include all of the following: http://www.cslb.ca.gov/GeneralInformation/Library/LicensingClassifications/ Primary License: A - General Engineering Lic # _____________ or B - General Building Contractor Lic # _____________ And the following Specialty Contractor's Licenses shall be listed under the license number above, or covered by a subcontractor holding the required license: C-4: Boiler, Hot Water Heating and Steam Fitting Contractor C-10: Electrical Contractor C-20: Warm-Air Heating, Ventilating and Air-Conditioning Contractor C-36: Plumbing Contractor C-38: Refrigeration Contractor C-43: Sheet Metal Contractor If any of the above specialty licenses are not under your primary license, list the subcontractor, license type and license number to meet all license requirements above ______________________________________________________ ______________________________________________________ DMEA will check the license numbers and shall disqualify, as non-responsive, any contractor's proposals not covering all of the required primary and specialty licenses Mechanical System Experience and Past Performance The company shall have conducted business in the Sacramento region for at least 5 continuous years servicing industrial/clean room humidity controlled environments mechanical system installation and maintenance and have customers submit past performance questionnaire Years of continuous operation in the region: _________ Have two customers where similar work was done complete Past Performance Questionnaire Water Treatment Qualifications The company shall hold current California DPR Pest Control Business License California Department of Pesticide Regulation (DPR) Pest Control Business License. License Number:_________ If subcontractor include their Company Name:_________________________________________________ New Water Treatment System The contractor shall provide a water treatment system. Typical systems include biocide and scale inhibitor metering pumps and injectors into a, sample stream with a flow switch, conductivity controller connected to MetaSys and conductivity probe. Also required are double walled in-service containers for chemicals. List all the water treatment system components' names and model numbers you are providing. List all chemicals to be used. No used or refurbished parts and/or equipment shall be used--new components only. Water Treatment The company shall have at least 3 years water treatment experience on closed loops and cooling towers and have completed past performance questionnaire for customers with chemical treatment of cooling towers and closed loops Have two customers who had similar water treatment work performed complete Past Performance Questionnaire If subcontractor, list years of continuous operation in the region: _______ RM Response Time Emergencies - 2 Hour response time Non emergencies - Within 1 day Proposed emergency response time: _____________ Proposed non-emergency response time:__________ Note: 2. Personnel Requirements: Position Qty Proposed Supporting Contract Check if In-House Check if Subcontractor Qualification Requirements: Submit a brief curriculum vitae (CV) for each individual defining the individuals' qualifications Special Requirements Service Manager Familiar with the operation, maintenance and repair of system equipment, hardware and controls as used on DMEA mechanical systems. Shall have authority to act for the contractor on all contractual matters relating to daily operations of this contract. US Citizen with clear background check. California Driver's License. Ability to fluently read, write, speak, and understand English. Journeyman Mechanical Technician At least three years prior experience working on clean room/laboratory mechanical and process support equipment such as process chilled water systems, air handlers and sensible cooling systems as journeymen where particle count and temperature and humidity control tolerances are critical. EPA Universal Refrigerant license. Must be able to represent the contractor on emergency response. US Citizen with clear background check. California Driver's License. Ability to fluently read, write, speak, and understand English. EPA Universal Refrigerant Certificate # or copy ___________________ Journeyman Chiller Technician At least three years experience on water and air cooled Trane chillers over 100 tons. EPA Universal Refrigerant license. US Citizen with clear background check. California Driver's License. Ability to fluently read, write, speak, and understand English. EPA Universal Refrigerant Certificate # or copy ____________________ Mechanical Engineer Demonstrated experience designing water based and direct refrigerant air handlers, chiller and other related mechanical systems. The engineer shall provide approval drawings and stamped final drawing for approved modifications/additions. California Professional Engineering License. License Number: _________ US Citizen with clear background check. California Driver's License. Ability to fluently read, write, speak, and understand English. Journeyman Controls Technician (MetaSys/Johnson Controls) At least three years experience programming Johnson Controls MetaSys ADX and all associated connected devices in industrial applications where particle count and temperature and humidity control tolerances are critical. US Citizen with clear background check. California Driver's License. Ability to fluently read, write, speak, and understand English. Journeyman Controls Technician (Trane/Tracer Summit) At least three years experience programming Trane Air Handlers and Chillers. US Citizen with clear background check. California Driver's License. Ability to fluently read, write, speak, and understand English. Water Treatment Technician At least three years experience performing industrial water treatment on closed and open loop systems. California DPR Qualified Applicators License. License Number: ________ US Citizen with clear background check. California Driver's License. Ability to fluently read, write, speak, and understand English. Journeymen Electrician US Citizen with clear background check CA Driver's License. Ability to fluently read, write, speak, and understand English. Journeyman Plumber US Citizen with clear background check CA Driver's License. Ability to fluently read, write, speak, and understand English. Journeyman Sheet Metal US Citizen with clear background check CA Driver's License. Ability to fluently read, write, speak, and understand English. Attachment 4 Past Performance Questionnaire/Survey For Mechanical Systems and Associated Water Treatment INSTRUCTIONS The Offeror indicated below is submitting a response to a solicitation issued by the Department of Defense, Defense Microelectronics Activity (DMEA) for support of mechanical systems associated with its Laboratory Facilities located at McClellan, California. Your candid responses to this questionnaire will assist DMEA in evaluating the offeror's past performance (i.e. How was the quality of the services this offeror provided in the past?). By gathering this information (not only on this offeror, but on all the companies who submit an offer to provide these required services) we strive to determine which company's offer will be most advantageous to DMEA. We appreciate the time and effort to fill out this form regarding the services you received from the offeror. It is the Offeror's responsibility to follow-up with references to ensure they are received by DMEA. PLEASE email or fax COMPLETED Questionnaires NLT 27 May 2014 to: Ana Fragoso (Ana.Fragoso@dmea.osd.mil) (916) 231-2825 (Fax) Should you have any questions regarding this questionnaire, please feel free to contact the above contract specialist at (916) 231 1583 or at the e-mail above. A. OFFEROR'S INFORMATION: B. INFORMATION REGARDING THE OFFEROR'S SUPPORT TO YOUR FIRM 1. Your Firm's Name and address 2. Your name and telephone number 3. List services they provided your firm: Please use the following rating factors: Rating Performance E EXCELLENT- Performance exceeded some or all contractual requirements and any minor problems were effectively dealt with by the contractor to your satisfaction A ACCEPTABLE- Performance meets contractual requirements and any minor problems were effectively dealt with by the contractor to your satisfaction U UNSATISFACTORY- Performance does not meet most contractual requirements and there were serious problem(s) for which the contractor's corrective actions were ineffective. N/A NOT APPLICABLE Performance in this area not applicable to the effort assessed. Quality of Service Elements Rating 1 The contractor adhered to the contracted performance schedule 2 The contractor adhered to the contract performance requirements 3 The contractor submitted required reports and documentation in a timely manner and the reports and documentation were accurate and complete 4 Contractor personnel where qualified and effective 5 The contractor provided timely assistance responding to problems encountered Business Relations 6 The contractor solved contract performance problems without extensive guidance from the Owner/Manager 7 The contractor displayed professionalism and courtesy in business dealings 8 The contractor displayed initiative and flexibility in meeting stated requirements and responded positively and promptly to criticisms, change orders, etc 9 The contractor effectively managed their subcontractors 10 The contractor adhered to the agreed to price Customer Satisfaction 11 Overall, how satisfied were you with this contractor? 12 Would you use this contractor again? _____Yes _____No SECTION IV: COMMENTS Provide any additional comments you feel would be pertinent regarding past performance of this company (use additional page if necessary): (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (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. (End of Provision) 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2013) Alt 1 An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) 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. "Inverted domestic corporation," as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 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. "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 its stock 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 the stock of which is owned by one or more women; and (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 on the SAMwebsite. (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 representation 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 (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract is to 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, for general statistical purposes, 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: 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) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, 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 124.104(c)(2); or (B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (11) 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)(11)(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. (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory or the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. (d) 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 to the Equal Opportunity clause of this solicitation; 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 parts 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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act - 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 Act-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 Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- 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 Act--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 Act-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: LINE ITEM NO. 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) or this provision) as defined in the clause of this solicitation entitled "Buy American Act-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 [List as necessary] (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. 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 Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. 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 Act--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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 appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [_] 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 United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ____________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of Provision) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Jan 2014) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jul 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.217-8 -- Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within _30 days_. (End of Clause) 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within _30 days_; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60_ days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _66_ months. (End of Clause) 52.233-2 -- Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer, Ana Fragoso, by obtaining written and dated acknowledgment of receipt from DMEA, 4234 54th Street, McClellan, CA 95652-2100. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) H-931 REQUIRED INSURANCE (IAW FAR 28.306(b)) Reference FAR clause entitled "Insurance... " the contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract. a. Workmen's Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum limit of $100,000. b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy. c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/ODA/DMEA/DMEA/HQ0727-14-R-0013/listing.html)
Place of Performance: Address: 4234 54th Street, McClellan, California, 95652, United States; Zip Code: 95652
Record: SN03364154-W 20140515/140514021311-a04a84e940ba7b8e87109a510a9260e5 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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