FBODaily.com | FedBizOpps: PRESOL | 34 | ABRASIVE WATERJET CUTTING CENTER - Package #1

FBO DAILY - FEDBIZOPPS ISSUE OF JULY 30, 2017 FBO #5728
SOLICITATION NOTICE

34 -- ABRASIVE WATERJET CUTTING CENTER - Package #1

Notice Date: 7/28/2017
Notice Type: Combined Synopsis/Solicitation
NAICS: 333515 — Cutting Tool and Machine Tool Accessory Manufacturing
Contracting Office: Department of Health and Human Services, Program Support Center, Acquisition Management Services, 7700 Wisconsin Ave, Bethesda, Maryland, 20857, United States
ZIP Code: 20857
Solicitation Number: 17-233-SOL-00775
Point of Contact: PATRICIA NATIVIDAD, Phone: 801/524-3413
E-Mail Address: PATRICIA.NATIVIDAD@PSC.HHS.GOV
(PATRICIA.NATIVIDAD@PSC.HHS.GOV)
Small Business Set-Aside: N/A
Description: blank Request for Quote This solicitation is issued as unrestricted. The associated North American Industry Classification System (NAICS) Code is 333515. This announcement serves to notify offerors that the government contemplates awarding a firm-fixed-price contract resulting from this solicitation for the product defined herein. Prospective offerors are responsible for downloading the solicitation and any amendments. It is offerors' responsibility to monitor the FedBizOpps website for the release of any amendments to this solicitation. In consideration of satisfactory performance of the work as described throughout this contract, the Contractor shall be paid a fixed price for each CLIN (if exercised). If the options are exercised, funding will be obligated by modification to the contract. The base period and option periods are priced as follows: Contract Period 120 days after award Fixed Price CLIN 1 Abrasive Water Jet Cutting Table Payment shall be made upon the delivery and acceptance of the product with installment and training required in accordance with the following payment schedule: Description/Specifications/Statement of Work PURCHASE DESCRIPTION For ABRASIVE WATERJET CUTTING CENTER 1.0 SCOPE 1.1 Scope: The following establishes the minimum requirements for the purchase of an abrasive waterjet machine with equipment and accessories specified herein. 2.0 APPLICABLE DOCUMENTS U. S. DEPARTMENT OF LABOR 29 CFR 1910 - General Industry, OSHA Safety and Health Standards (29 CFR 1910), 1998 or most recent edition. NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) NFPA-79 - Electrical Standards for Industrial Machinery, 1997 or most recent edition. ELECTRONIC INDUSTRIES ALLIANCE (EIA) STANDARD EIA TIA/EIA-232-F - Interface between Data Terminal Equipment and Data Circuit-Terminating Equipment Employing Serial Binary Data Interchange, 1997 or most recent edition. AMERICAN NATIONAL STANDARD INSTITUTE ANSI/NEMA MG-1 - National Standards for Motors and Generators, 1998 or most recent edition ANSI/NFPA/JIC T2.24.1 - Hydraulic Fluid Power-Systems Standard for Stationary Industrial Machinery, 1991 or most recent edition. 2.2 Order of Precedence: In the event of a conflict between the text of this specification and the reference cited herein, the text of this specification takes precedence. Nothing in this document, however, supersedes applicable laws and regulations unless a specific exception has been obtained. 3.0 REQUIREMENTS 3.1 General: The waterjet abrasive cutting machine shall be new (not a prototype) and one of the manufacturer's standard current production models capable of operations in accordance with the requirements herein. The machine shall be complete, so that when connected to the utilities identified herein, it can be used for any function for which it is designed and constructed. Designs with separate catcher tank (independent of cutting unit) will not be allowed. 3.1.1 Measuring/Indicating Devices: All measuring and indicating devices such as dial indicators, pressure gages, temperature indicators, depth stops, and other similar devices used on the machine shall be graduated in dual, inch-pound units. Marking on all measuring and indicating devices shall be permanently and legibly engraved or etched on a non-glare background. All dials and other type indicating devices shall be securely mounted in place. Such devices shall be located so as to allow reading from the operator's normal workstation. 3.1.2 Safety and Health: Covers, guards, and other safety devices shall be provided for all parts of the machine that present safety hazards. The safety devices shall not interfere with the operation of the machine. The safety devices shall prevent unintentional contact with the guarded part and shall be removable to facilitate inspection, maintenance, and repair of the parts. All machine parts, components, mechanisms, and assemblies furnished on the machine shall comply with all of the requirements of 29 CFR 1910. 3.1.3 Caution-Warning Plates: Corrosion resistant "Caution" or "Warning" plates shall be securely attached to the equipment in visible locations, with any safety precautions to be observed by the operator or maintenance personnel permanently marked on the plates. 3.1.4 Audible Noise: Audible noise emitted by the equipment under no load shall not exceed 80 dBA at the operator's workstation or at any other point at a distance of three (3) feet from the equipment as measured on the "A" weighted scale of a standard Type II sound level meter. Please provide factory specification for audible noise. 3.1.5 Prohibited Materials: Asbestos, mercury, lithium or polychlorinated biphenyl (PCB) shall not be used in any part or component of the system. Lithium batteries used in the computer system are exempt from this requirement. 3.1.6 Environmental Protection: The machine shall be so designed and constructed that under the operating, service, transportation and storage conditions described herein, the machine shall not emit materials hazardous to the ecological system as prescribed by federal, state, or local statutes in effect at location of installation. 3.1.7 Nameplate: A corrosion resistant metal nameplate identifying the machine shall be securely attached to the machine. The nameplate shall contain the following information: Nomenclature Contractor's Name Contractor's Model Designation Contractor's Serial Number Power Input (volts, total amps, phase) Date of Manufacture 3.2 Construction: The abrasive waterjet cutting machine shall be constructed of parts which are new, without defects, and free of repairs. The cutting axes and tank shall be one unit to guarantee the cutting accuracy listed herein. The machine structure shall be capable of withstanding all forces encountered during operation of the machine at its maximum rating and capacity without distortion. Processes such as welding, plugging, or filling with solder or paste shall not be used for reclaiming any defective part(s). All screws, pins, bolts, and other fasteners shall be installed in a manner as to prevent change of tightness. The machine shall be manufactured, tested and shipped as a complete unit from the manufacturer's location within the USA. 3.2.1 Castings/Forgings: All castings/forgings shall be free from defects, scale, or mismatching. Processes such as welding, peening, plugging, or filling with solders or paste shall not be used on casting or forgings for reclaiming any parts of the machine. 3.2.2 Welding, Brazing or Soldering: Welding, brazing or soldering shall be employed only where those operations are included in fabrication of the original design. These operations shall not be employed as repair measures for defective parts. 3.2.3 Surfaces: All surfaces of castings, forgings, molded parts, stampings and welded parts shall be clean and free from sand, dirt, fins, sprues, flux, and other harmful or extraneous materials. External surfaces shall be smooth, and all edges shall be either rounded or beveled unless sharpness is required to perform a function. 3.2.4 Gears: All gears and pinions, shall be designed and manufactured of a suitable ferrous material with proper width and size to transmit full-rated torque and horsepower throughout the speed ranges without failure for the expected service life of the machine. All parts shall be of the Original equipment manufacturer. 3.2.5 Painting: The machine shall be painted in accordance with the manufacturer's commercial practice. Yellow or orange safety color-coding shall be used for designating physical hazards. 3.2.6 Threads: All threaded parts used on the machine and its related attachments and accessories shall conform to FED-STD-H28. 3.2.7 Interchangeability: All replaceable parts shall be Original Equipment Manufacturer to definite standards, tolerances and clearances in order that any such parts of a particular type or model can be replaced or adjusted without modification of the equipment. 3.2.8 Maintainability: The machine shall be designed and constructed to permit effective maintenance. The machine shall be equipped with access covers (if applicable) to facilitate inspection, cleaning, and repair of parts. The quote shall provide a maintain plan and pricing to include an option for services after warranty is completed. The quote shall be for future planning purposes and shall be evaluated for the cost of life cycle of equipment. Please provide specification of what is covered under the different options of the plans. 3.3 Components: The abrasive waterjet cutting machine shall consist of, but not limited to, the following described principle components, attachments, and accessories necessary to meet the operational and performance requirements specified herein. 3.3.1 Table: The machine footprint shall be at a maximum of 13" x 8" and provide a working envelope capable of housing a 10'6" x 5'5" piece of material. The bed shall have 4" x 14 gage galvanized steel support slats. The bed shall have means for leveling the machine on a flat mounting surface. The base shall have access doors or removable plates as necessary for servicing components housed within. The table must be capable of supporting at least a minimum of 400 pounds per square foot of load. The contractor shall provide the necessary anchor bolts, leveling screws and related hardware to secure machine components to the floor, if design requires. 3.3.2 Y-axis: The cantilever Y axis shall be controlled by closed loop, digital drive motors that requires no periodic tuning. The resolution shall be 1 micron with linear scale. The y-axis shall have full travel and a motor controlled, precision Z-axis. 3.3.3 Computer Control System (CCS): The waterjet abrasive cutting system shall be provided with a fully automatic, solid-state, integrated circuit, 32-bit, multiple microprocessor based-type personal computer integrated with CAD/CAM software and 17 inch color LCD flat panel display. The unit shall provide for 3-axis simultaneous contouring capabilities and automatic control for all machine functions. The Computer Control System (CCS) shall consist of, but not limited to, the following functions and features: a. Ergonomic swivel pendant mount b. Inch/Metric switchable c. 160GB part program storage d. 17 inch color LCD flat panel display (min) e. Built-in DVD ROM/CD-RW & USB mass storage device ports f. On-screen help including operation, programming and alarm help g. Hour meter h. Real time 3D graphics i. Sequence stop j. 99 programmable homes k. Unidirectional positioning l. Helical interpolation m. Feedrate programming n. Cycle time reduction function o. Graphical data input of fixed cycles and 2D graphics display p. Coordinate calculation q. Coordinate shift-rotation-copy r. User defined logical operators, variables, math and trig functions s. Linear & circular interpolation t. Decimal point programming u. Automatic zero referencing v. Manual Data Input (MDI) capabilities w. Positioning display - all axis x. Linear feed display - ipm y. Automatic acceleration and deceleration all axis z. Software travel limits aa. Array nesting bb. Interactive, menu driven screen(s) w/inputs cc. Graphical display of input values and online help dd. Programmable mirror image ee. Geometry enlargement/reduction ff. Controlled depth etch capabilities gg. Nozzle Taper control of up to 59° (If A-Jet Option Selected) hh. Controlled high/low pierce pressure ii. Scribe capabilities jj. Part Preview kk. Collision detection/prevention ll. Corner compensation and automatic corner passing mm. Saw cut operation nn. Percent utilization 3.3.4 Software: Software shall run on the latest version of Windows® and be specifically designed for abrasivejet and waterjet machining. Contractor shall provide all mandatory upgrade, optional upgrade, and mandatory 50 minimum seats for the machine. Specification sheet shall be provided for this. 3.3.5 Pump System: The pump shall be a minimum of a 30 HP direct drive crankshaft type pump with variable frequency drive controller (no other type shall be allowed) or devianted from this description), capable of obtaining and maintaining the designed operating pressure of minimum of 60,000 psi, without the use of hydraulic assistance. Pressure attenuators are not allowed to maintain operating pressure (mandatory). Pump must drive 0.012" orifice at 60,000 psi. SAFETY ITEM: When unit is shut down must release high pressure water from the entire system including all waterlines and head unit. 3.3.6 High Pressure Tubing: The high pressure tubing that supplies pressurized water to the cutting head via the X and Y axis must be made of a mandatory 3/8" stainless steel tubing (no deviation shall be allowed from this requirement), ¼" tubing supply lines will not be allowed. 3.3.7 Electrical System: The machine shall be designed to operate from a single 460 volt (±3%), 3 phase, 60-hertz (Hz) (±1 hertz) power source. The machine shall consist of independent electric servo drives. All electrical equipment shall comply with NFPA-79 standards. A step up 75KVA -208V transformer will be listed in the quote to ramp up the 208VAC in the building to the required voltage. 3.3.8 Cutting Head: No more than a one piece nozzle body with integrated diamond orifice warranted to last minimum of 500 hours. This one-piece integrated nozzle eliminates the need for rebuilding the nozzle assembly, simply replace the whole assembly when needed. 3.3.9 600 pound abrasive delivery: Pressurized abrasive tank for holding 600 pounds of garnet must be supplied. The tank must include the appropriate air valves and pressure regulators to provide pressure sufficient to move garnet from the tank to the z-axis from up to 20 feet away. Axis requirement of.001 to comply. 3.4 Capacities: The sizes and capacities of the machining center shall meet the minimum requirements of Table I below: TABLE 1 TRAVELS X-Y Travel 8'4" x 4'7" TABLE Table Size (W x L) 10'6" x 5'5" Footprint 13' x 8" Operating Weight 22,000 lbs. Maximum Material Load 400 lbs/sq. ft. NOZZLE Z-axis travel, min (L) 8" SPEED Traverse rate 180 ipm 3.5 Accuracy/Repeatability: The machining center shall conform to the following accuracies/alignments of Table 2: TABLE 2 AXIS POSITIONING REQUIREMENT X, Y, & Z Linear axes +/-0.001"x96" AXIS REPEATABILITY X, Y, & Z Linear axes +/-0.001"x96"" 3.6 Optional Equipment: The following optional equipment shall be separately priced items: 3.6.1 Reverse Osmosis System w/Water Softener: The System shall have a Reverse Osmosis system due to the water type at Dugway Proving Ground.. The minimum capable of removing no less than 90% to 95% of the total dissolved solids from water supply. Designed to protect waterjet equipment from damage caused by dissolved particles in water. 3.6.2 Pump and Nozzle Spares: Spares for the nozzle and pump are required. Include any special tooling for maintenance. Include first set of filter changes, nozzle muffs, and abrasive tubing along with minor pump rebuild kit and nozzle spares. A compartmented box for storage of spares must be included. 3.6.3 Variable Speed Solids Removal System: The solids removal system shall be a ¾ yd hopper and of steel construction. The system shall be operated by a ½ hp motor with a garnet removal rate up to 5.6 lbs/min. The solids removal system shall have a steel shielding over the suction line and have gravity return to main water tank. The solids removal system shall use 230 VAC 10 A and have a variable frequency drive/motor combination that allows for automated back flushing of the cutting tank. 3.6.4 Precision Optical Locator: The system shall have an optical device locator to allow for accurate location of parts on the machining table or specific features on existing parts will be included. The locator must provide precise and accurate locating then the original manufacturer machine specifications. The software shall be able to automatically have capability to rotate to any placement necessary to or orientation when the part is place on the table. Mandatory to accurately detect features less than 0.001". USB camera with microscope lens shall be provided to zoom in on features, locate, and select with software integrated into the cutting program. Camera resolution shall be capable of supporting at minimum 2592 x 1944 pixels.(provide specifications from Original Equipment Manufacturer that demonstrates this capability. 3.6.5 Laser Feature Finder: A means for performing simple dry runs with a laser attached to the nozzle before cutting parts on valuable stock shall be included. Provides a rough visual reference of where the jet stream will begin cutting by locating material features without special software. 3.6.6 Tilting Head for Taper Elimination: Method for eliminating taper must be provided. A nozzle that automatically rotates up to 9 degrees controlled by the software is required. The software can easily enable this mode with a single click. The software calculates the taper requirements continuously, not by average. 3.6.7 Precision Calibration Kit: Calibration methods shall be provided to calibrate and align the Tilt-A-Jet taper control head will be included to insure the system operates at factory tolerances during the cutting process. Provide list of specification and material provided in a Precision Calibration kit along with all manuals and tool list. On-site provisioning for training to calibrate shall be provided an option pricing on quote. The pricing shall be listed as an optional item. 3.6.8 Collision Sensor/Terrain Follower: A Collision Sensing Terrain Follower shall allow the waterjet to automatically and accurately cut parts from materials with irregular or warped surfaces without the need for special programming. The close proximity to existing components make this a mandatory item. No deviation is allowed. The device shall have a ring that fits around the nozzle body and automatically sets the appropriate stand-off height to achieve accurate cutting. The device must be smaller than 3" in diameter (no deviation shall be allowed for this specification) Please provide a specification from the Original Equipment Manufacturer for this item. 3.6.9 Closed Loop System. The closed loop system shall minimum 60,000 BTU chiller (Mandatory) no deviation is allowed, settling weir, 1HP Centrifugal Filter Pump, temperature/total dissolved solids meter and a spare consumables startup kit. The weir tank shall be a minimum of a 135 gallon functional capacity tank constructed of non-rusting components (Mandatory) please provide specifications. The system shall have a way to prevent dissolved solids or water from entering the drain. All overflow water must be filtered and reused. Industrial metalworking application system shall be used with this systems. Provide original equipment manufacturer specification for this item. 4.0 QUALITY ASSURANCE PROVISIONS 4.1 Responsibility for Inspection: The contractor shall be responsible for the performance of all inspection requirements (examinations and tests) as specified herein. The contractor may utilize his own or any other facility suitable for the performance of the inspection requirements specified herein. Purchaser reserves the right to perform any of the inspections set forth in the specification when such action is deemed necessary to assure supplies and services conform to prescribed requirements. The contractor shall provide all tooling, fixturing, measurement indicating devices, material and programs required of the compliance, accuracy alignment and machining acceptance tests. 4.2 Responsibility for Compliance: The machine shall meet all requirements of Section 3. The inspections set forth in this specification shall become a part of the contractors overall inspection system or quality program. 4.3 Quality Conformance Inspection: Quality conformance inspection shall be conducted on machine prior to being offered for acceptance under the contract. Quality conformance inspection shall be conducted at origin and could be monitored by purchasing personnel. The inspection shall be in accordance with par. 4.5, 4.6. 4.4.1 Origin Acceptance Test: All components (pump, table, and controller) must be tested together as a complete system prior to shipment. Cut a sample part using the complete system to ensure adherence to specifications before shipment. 4.4.2 Destination Acceptance Test: Final inspection, testing and acceptance shall occur at destination. The acceptance test shall be in accordance with par. 4.5 through 4.6. 4.5 Test Conditions: All tests shall be performed in an indoor facility with ambient conditions of 41°F to 104°F and 20% to 95% relative humidity. 4.6 Examination: The machine shall be visually examined to determine compliance with all requirements within Section 3. Buyer may select part for cutting to specification during installation. 4.7 Training: In-shop training must be provided during machine installation. Additional 24 hours of in-shop training to cover operations and maintenance. Follow on in-shop maintenance for first filter change. Training at factory location must be offered to unlimited individuals for the life of the machine. 4.8 Warranty: The machine shall have a two year parts and labor limited warranty. 5.0 TECHNICAL DATA 5.1 Manuals/Drawings: The contractor shall furnish one (1) hard copies of all technical manuals/drawings containing all information necessary for the programming, operation and maintenance (parts lists, electrical schematics, ladder logic and I/O diagrams) of the waterjet abrasive cutting system. One (1) complete set of manuals/drawings shall be sent to the receiving activity concurrent with machine delivery. 5.2 Installation Drawings: The contractor shall provide to the receiving facility, engineering installation drawings showing the necessary compressed air, water, and electrical utilities of the waterjet abrasive cutting system. 5.3 Documentation: All documentation, i.e. operation manuals, maintenance manuals, programming manuals, student training materials, drawings, vendor literature, laminated note cards, metal name and service plates, service bulletins, upgrade bulletins, and all associated charts/graphs, shall be written in the English language and grammatically correct. RESPONSIBILITIES Contractor Responsibility a. Provide estimated time of arrival of machine to the facility. b. Set and rough level the machine on its location. c. Level and align machine. d. Connect machine to the provided air and water hook-up. Purchaser Responsibility a. Provide unobstructed utilities hook-up to machine location. b. Provide electrical hook-up to machine at intended location. ADDITIONAL INFORMATION TO CONSIDER: INSTALLATION AND SETUP, AND TRAINING, AND SHIPPING SHALL BE PROVIDED IN THE PRICE WITH BREAK DOWN OF ALL ITEMS ASK FOR IN THIS QUOTE TO BE DEEMED ACCEPTABLE. QUOTE SHALL PROVIDE SEPARATION OF THE OPTIONAL ITEMS FOR MAINTENANCE, AND CALIBRATION TRAINING AND OPERATIONAL TRAINING. Packaging and Marking PACKAGING AND MARKING All deliverables shall be delivered to the Contracting Officer's Representative (COR) identified in Section G and shall be marked as follows: 1. Name and address of the Contractor; 2. Contract Number; 3. Description of item contained therein; and 4. Consignee's name and address. PAYMENT OF POSTAGE AND FEES All postage and fees related to submitting information including forms, reports, etc. to the Contracting Officer or COR shall be paid by the Contractor. INSPECTION AND ACCEPTANCE Pursuant to FAR clause 52.212-4, all work described in Section C to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Contracting Officer's Representative (COR), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor. Inspection and Acceptance Criteria Final inspection and acceptance of all work performed, reports and other deliverables will be performed at the place of delivery by the COR. General Acceptance Criteria General quality measures, as set forth below, will be applied to each work product received from the Contractor under this Statement of Work. • Accuracy - Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style. • Clarity - Work Products shall be clear and concise. Any/all diagrams shall be easy to understand and be relevant to the supporting narrative. • Consistency to Requirements - All work products must satisfy the requirements of this Statement of Work. • File Editing - All text and diagrammatic files shall be editable by the Government. • Format - Work Products shall be submitted in hard copy and electronic copy. The electronic copy must be in a format as indicated in the Deliverables Table. Deliveries Non=Severable Services PLACE OF PERFORMANCE Delivery and Installation is Dugway Proving Ground. Tba at West Desert Test Center. DELIVERABLES AND DELIVERY SCHEDULE The contractor shall submit all required report(s)/deliverables in accordance with the following schedule: All reports shall reference and cite the contract number. INSPECTION AND ACCEPTANCE CRITERIA Final inspection and acceptance of all work performed, reports and other deliverables will be performed at the place of delivery by the COR. &emsp; GENERAL ACCEPTANCE CRITERIA General quality measures, as set forth below, will be applied to each work product received from the contractor under this statement of work. • Accuracy - Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style. • Clarity - Work Products shall be clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative. • Consistency to Requirements - All work products must satisfy the requirements of this statement of work. • File Editing - All text and diagrammatic files shall be editable by the Government. • Format - Work Products shall be submitted in hard copy and electronic copy. The electronic copy must be in a format as indicated in the Deliverables table • Timeliness - Work Products shall be submitted on or before the due date specified in this statement of work or submitted in accordance with a later scheduled date determined by the Government. Note: All deliverables/reports shall be conveyed to the Government in the format (electronic or paper) mutually agreed upon by the parties at the time of contract award. DELIVERY REQUIREMENTS Pickup and delivery of items under this contract shall be accomplished between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday unless changed by mutual agreement between the COR and the contractor. No deliveries shall be made on Saturdays, Sundays, and days of government closure or Federal legal holidays found at: http://www.opm.gov/operating_status_schedules. F.4 OBSERVANCE OF LEGAL HOLIDAYS AND DAYS OF GOVERNMENT CLOSURE - ONSITE CONTRACTOR EMPLOYEES (a)(1) The performance of this contract requires contractor employees of the prime contractor or any subcontractor, affiliate, partner, joint venture, or team member with which the contractor is associated, including consultants engaged by any of these entities, to have access to, physical entry into, and to the extent authorized, mobility within, a Federal facility. (2) HHS may close and or deny contractor access to a Federal facility for a portion of a business day or longer due to any one of the following events: (i) Federal public holidays for federal employees in accordance with 5 U.S.C. 6103. (ii) Fires, floods, earthquakes, unusually severe weather to include snow storms, tornadoes and hurricanes. (iii) Occupational safety or health hazards. (iv) Any other reason. (3) In such events, the contractor employees may be denied access to a Federal facility, in part or in whole, to perform work required by the contract. Contractor personnel already present at a Federal facility during such events may be required to leave the facility. (b) In all instances where contractor employees are denied access or required to vacate a Federal facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, which could include continuing on-site performance during the Federal facility closure period. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts by, for example, performing required work off-site if possible or reassigning personnel to other activities if appropriate. (c) The contractor shall be responsible for monitoring when the Federal facility becomes accessible and shall resume contract performance as required by the contract. (d) For the period that Federal facilities were not accessible to contractor employees, the contracting officer may- (1) Adjust the contract performance or delivery schedule for a period equivalent to the period the Federal facility was not accessible; (2) Forego the work; (3) Reschedule the work by mutual agreement of the parties; or (4) Consider properly documented requests for equitable adjustment, claim, or any other remedy pursuant to the terms and conditions of the contract. TRAVEL All travel must be in accordance with the Federal Travel Regulations and approved by the COR, prior to commencement. Contract Administration Data AUTHORITIES OF GOVERNMENT PERSONNEL Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of this contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this contract. All communications pertaining to contractual and/or administrative matters under this contract shall be sent to: Contracting Officer's Representative Name: TBD Address: TBD Phone: TBD Email: TBD Note: The Contracting Officer is the only individual authorized to modify the contract. CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUTHORITY (a) Performance of work under this contract must be subject to the technical direction of the Contracting Officer's Representative identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily. (b) Technical direction must be within the scope of the specification(s)/work statement. The Contracting Officer's Representative does not have authority to issue technical direction that: (1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work; (2) Constitutes a change as defined in the clause entitled "Changes"; (3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance; (4) Changes any of the terms, conditions, or specification(s)/work statement of the contract; (5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or (6) Directs, supervises or otherwise controls the actions of the contractor's employees. (c) Technical direction may be oral or in writing. The Contracting Officer's Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer. (d) The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers, Representative. If, in the opinion of the contractor, any direction of the Contracting Officers, Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day. (e) Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes." G.1 ELECTRONIC SUBCONTRACTING REPORTING SYSTEM (eSRS) REPORTING The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, veteran-owned and service-disabled veteran-owned small business concerns. The reports shall be prepared using the electronic Subcontracting Reporting System (eSRS) via the internet at http://www.esrs.gov. The Individual Subcontracting Report (ISR), formerly SF 294, shall be submitted semi-annually for the periods of October 1 through March 31 and April 1 through September 30. The Summary Subcontracting Report (SSR), formerly, SF 295 shall be submitted annually for the period of October 1 through September 30. Special Contract Requirements 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/ CONTRACTOR PERFORMANCE EVALUATION(S) During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov. RESTRICTIONS ON DISCLOSURE OF INFORMATION AND RIGHTS IN DATA The Contractor agrees to assume responsibility for protecting the confidentiality of personal identifying or sensitive data. Each employee of the contractor to whom data may be made available or disclosed shall be notified in writing by the contractor that such data may be disclosed only for a purpose and to the extent authorized herein. The Contractor agrees not to release or disclose, verbally (e.g., via presentations, briefings) or in writing (e.g., calls for papers, conference abstracts/material submissions, articles, reports) information pertaining to the conduct or results or findings of work (including data collected, analyses, draft or final papers and reports) for the period of this task order without first notifying the COR in writing at least 21 days prior to the proposed disclosure or release date. The Contractor must provide notification (minimum 21 days prior to release) in writing, specifying: who or what is generating the request for information; when and how project information/results are proposed to be released; and what information would be released. The Contractor agrees to coordinate major findings/report release/postings with the Government. POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract. b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer's request for an OCI mitigation plan. c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable. Contract Clauses FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CONTRACT CLAUSES 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/ and http://www.hhs.gov/hhsar/ FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES FAR Clause TITLE AND DATE 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) (End of Clause) I.2. FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). (5) [Reserved] (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). (ii) Alternate I (Nov 2011) of 52.219-3. (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). (ii) Alternate I (Jan 2011) of 52.219-4. (13) [Reserved] (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). (ii) Alternate I (Nov 2011). (iii) Alternate II (Nov 2011). (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). (ii) Alternate I (Oct 1995) of 52.219-7. (iii) Alternate II (Mar 2004) of 52.219-7. (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)). (ii) Alternate I (Oct 2001) of 52.219-9. (iii) Alternate II (Oct 2001) of 52.219-9. (iv) Alternate III (Oct 2014) of 52.219-9. (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 (ii) Alternate I (Jun 2014) of 52.223-13. (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-14. X (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-16. X(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). X (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). (ii) Alternate I (May 2014) of 52.225-3. (iii) Alternate II (May 2014) of 52.225-3. (iv) Alternate III (May 2014) of 52.225-3. (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). (54) (i) 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). (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) 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. (e) (1) outwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(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) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 (May 2014) (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 (Jul 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (viii) 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. (ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (x) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xvi) 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. (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658). (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) Representations, Certifications, and Other Statements of Offerors or Respondents NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE (1) The North American Industry classification System (NAICS) code for this acquisition 541690 (2) The small business size standard is $15,000,000.00 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS. (JAN 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision- "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Civil judgment" means- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces'". The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces. "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. "Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are- (1) Department of Labor Wage and Hour Division (WHD) for- (i) The Fair Labor Standards Act; (ii) The Migrant and Seasonal Agricultural Worker Protection Act; (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and (vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2) Department of Labor Occupational Safety and Health Administration (OSHA) for- (i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans; (3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for- (i) Section 503 of the Rehabilitation Act of 1973; (ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); (4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and (5) Equal Employment Opportunity Commission (EEOC) for- (i) Title VII of the Civil Rights Act of 1964; (ii) The Americans with Disabilities Act of 1990; (iii) The Age Discrimination in Employment Act of 1967; and (iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). "Forced or indentured child labor" means all work or service- (6) 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 (7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters. "Labor laws" means the following labor laws and E.O.s: (1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970. (3) The Migrant and Seasonal Agricultural Worker Protection Act. (4) The National Labor Relations Act. (5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). (8) Section 503 of the Rehabilitation Act of 1973. (9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act. (11) Title VII of the Civil Rights Act of 1964. (12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967. (14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors). (15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html). "Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws". "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. "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 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. Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (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 SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs. [Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products: Line Item No. Country of Origin [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: 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) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-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-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. [List as necessary] (3) Buy American-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-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin [List as necessary] (4) Buy American-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-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 statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (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 $3,500 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 appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §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.] (1) Listed end products. 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 it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) □ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by 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 Labor Standards 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) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that- (i) It □ is, □ is not an inverted domestic corporation; and (ii) It □ is, □ 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 e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. 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 $3,500 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. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation. (1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code:. Immediate owner legal name:. (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: □ Yes or □ No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code:. Highest-level owner legal name:. (Do not use a "doing business as" name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that- (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that- (i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: (or mark "Unknown") Predecessor legal name: (Do not use a "doing business as" name) (s) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a joint venture that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision. (1)(i) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror □ does □ does not anticipate submitting an offer with an estimated contract value of greater than $50 million. (ii) For solicitations issued after April 24, 2017: The Offeror □ does □ does not anticipate submitting an offer with an estimated contract value of greater than $500,000. (2) If the Offeror checked "does" in paragraph (s)(1)(i) or (ii) of this provision, the Offeror represents to the best of the Offeror's knowledge and belief [Offeror to check appropriate block]: □ (i) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; or □ (ii) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter. (3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and the Contracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide- (A) The following information for each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, unless the information is already current, accurate, and complete in SAM. This information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS): (1) The labor law violated. (2) The case number, inspection number, charge number, docket number, or other unique identification number. (3) The date rendered. (4) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision; (B) The administrative merits determination, arbitral award or decision, or civil judgment document, to the Contracting Officer, if the Contracting Officer requires it; (C) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and (D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see FAR 4.1102(a)). (ii)(A) The Contracting Officer will consider all information provided under (s)(3)(i) of this provision as part of making a responsibility determination. (B) A representation that any labor law decision(s) were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (C) The representation in paragraph (s)(2) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in FAR 12.403. (4) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph (s)(2) of this provision is no longer accurate. (5) The representation in paragraph (s)(2) of this provision will be public information in the Federal Awardee Performance and Integrity Information System (FAPIIS). Note to paragraph (s): By a court order issued on October 24, 2016, this paragraph (s) is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)). (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:. (u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). (End of provision) Instructions, Conditions, and Notices to Offerors or Respondents 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/ and http://www.hhs.gov/hhsar/ TYPE OF CONTRACT The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation. INQUIRIES/SUBMISSION All questions/inquiries concerning the solicitation document must be submitted by e-mail (no faxes or telephone calls please) to the Contract Specialist, no later than August 3, 2017 at 12:00 pm MST. Questions should be e-mailed to the following address:patricia.natividad@psc.hhs.gov. The Government's response to the inquiries will be posted on FedBizOpps. Any resulting additions, deletions or changes to the solicitation will be made by issuance of a formal amendment. Offerors are instructed specifically to contact only the issuing contract office in connection with any aspect of this requirement prior to contract award. The Government does not intend to extend the due date for proposals. The proposal must be submitted electronically no later than August 10, 2017 at 12:00 pm MST. GENERAL INSTRUCTIONS The following instructions establish the acceptable minimum requirements for the format and content of your proposal. The Contracting Officer is the only individual authorized to legally commit the Government to the expenditure of public funds in connection with this requirement. By submitting a proposal in response to this solicitation, it is understood that your proposal shall become a part of the official contract file. Your attention is directed to the requirements for the submission of technical proposals, Your proposal must be submitted in accordance with these instructions. The proposal must be prepared in two parts: a "Technical Proposal", a "Business Price Proposal" Each of these parts shall be separate and complete in itself so that the evaluation of one may be accomplished independently of the evaluation of the others. TECHNICAL PROPOSAL INSTRUCTIONS Technical proposals shall be limited to 35 double-spaced pages, with 1-inch margins, and using not less than 12 point font. Offerors are encouraged to be succinct and economical in their presentation. Excessive volume and elaborate presentation are unnecessary. Tables of contents, and works cited and the Technical Appendices are not included in the page count. The technical proposal must not contain references to cost; however, resource information, such as data concerning labor hours and categories, materials, subcontracts, etc., must be contained in the technical proposal so that your understanding of the scope of work may be evaluated. It must disclose your technical approach in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the requirements of the technical proposal instructions. The proposal shall contain a response to each of the factors and subfactors identified in Section M. The Offeror must provide clear responses, including objectives and outcomes, to each Task addressing the work to be performed in Section C. Proposals which merely offer to conduct a project in accordance with the requirements of the Government's scope of work will not be eligible for award. The technical proposal should reflect a clear understanding of the nature of the work being undertaken. Technical Appendices: The technical appendices shall only include transcripts, resumes, and letters of commitment. The technical proposal shall address the following factors: FACTOR 1 - Technical Capabilities BUSINESS PROPOSAL INSTRUCTIONS (Fixed Price) The Business Proposal shall contain the following information: Offerors must complete and include Standard Form 1449. Completion of this form indicates that the Offeror agrees with all the terms and conditions contained in solicitation Pricing Data (a) Submission of certified cost or pricing data is not required. (b) Provide the data described below: The Offeror shall submit a price proposal adequate to determine whether the proposed pricing is consistent with the technical proposal. REPRESENTATIONS AND CERTIFICATIONS A completed and executed copy of Representations, Certifications and Other Statements of Offerors or Respondents, must be included as part of your business proposal. Evaluation Factors for Award GENERAL In order for proposals to be considered acceptable and eligible for evaluation, they must be prepared in accordance with and in compliance with the instructions given in this solicitation and address all of the requirements set forth in Section C. Proposals which merely offer to conduct a program in accordance with the requirements of the Government's scope of work will not be eligible for an award. The Government intends to evaluate proposals and award a contract without discussions with Offerors (except for clarifications as described in FAR 13 Simplified Acquisition Procedures Therefore, the Offeror's initial proposal should contain the Offeror's best terms from a price and technical standpoint. BASIS FOR AWARD The following factors will be considered in evaluating proposals, in descending level of importance: - Technical; - Price; Award will be made to that responsible Offeror whose proposal contains the combination of those factors offering the best overall value to the Government utilizing lowest price technical acceptable. TECHNICAL EVALUATION CRITERIA The evaluation of the Offeror's proposal shall be based upon the completeness and thoroughness of the proposal submitted with consideration to these factors. The Offeror should demonstrate that the objectives for the project are understood and the proposal offers a logical approach for their achievement The proposals will be evaluated based on the following: FACTOR 1 - TECHNICAL APPROACH The offerer's proposal shall demonstrate a clear understanding of the importance of the product description and meeting all specifications within. PRICE EVALUATION (Fixed Price) The price proposal will be evaluated for reasonableness. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when consideration is given to prices in the market. Normally, price reasonableness is established through adequate price competition, but may also be determined through cost and price analysis techniques as described in FAR 15.404. The information contained in the Price Proposal will be analyzed and evaluated to determine if: a) The respondent's proposed costs are realistic for the work to be performed; b) The proposed costs demonstrate that the respondent understands the Government's requirements; c) The proposed costs are consistent with the various elements contained in the technical proposal and other portions of respondent's Price proposal; and d) The proposed cost is fair and reasonable. RESPONSIBILITY To be eligible for award, an Offeror must be determined responsible in accordance with the standards in FAR Part 9.104.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/PSC/DAM/17-233-SOL-00775/listing.html)
Place of Performance: Address: Dugway Proving Ground, Dugway, Utah, 84022, United States; Zip Code: 84022
Record: SN04602343-W 20170730/170728231516-d17dcbcf55dc0928cfda0d127a91688f (fbodaily.com)
Source: FedBizOpps Link to This Notice
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