SOLICITATION NOTICE
S -- Natural Gas Supply
- Notice Date
- 1/25/2018
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 221210
— Natural Gas Distribution
- Contracting Office
- NASA/Glenn Research Center, 21000 Brookpark Road, Cleveland, Ohio, 44135
- ZIP Code
- 44135
- Solicitation Number
- 80GRC018Q0005
- Point of Contact
- James R. Griffin, Phone: 2164333340
- E-Mail Address
-
james.r.griffin@nasa.gov
(james.r.griffin@nasa.gov)
- Small Business Set-Aside
- N/A
- Description
- This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. This notice is being issued as a Request for Quotations (RFQ) for the purchase of natural gas supply for NASA Glenn Research Center Lewis Field (GRC) located in Cleveland, Ohio and the NASA Plum Brook Station (PBS) located in Sandusky, Ohio. NASA GRC will award two separate contracts, one for GRC and one for PBS. The NASA GRC location is on the East Ohio Dominion Gas line and uses on average 550,000MCF of Natural Gas per year. GRC has reserved 100,000MCF in the Enhanced Seasonal Service Storage Program with East Ohio Dominion Gas. NASA PBS is on the Columbia Gas line and uses on average 40,000MCF of Natural Gas per year. The provisions and clauses in the RFQ are those in effect through FAC 2005-96'. The NAICS Code and the small business size standard for this procurement are 221210 and 1,000 employees, respectively. The Quoter shall state in their offer their size status for this procurement. The Quoter shall provide its approach to accomplish the above activities and its associated costs/fee structure. Additionally the selected Quoter for the GRC contract shall be responsible for monitoring the Enhanced Seasonal Service Storage Program. NASA will be responsible for all reservation and in and out fees associated with the Enhanced Seasonal Service Storage Program. The current GRC and PBS Natural Gas Supply contracts are set to expire on 3/31/2018. The awarded contract(s) must have an effective date(s) of 4/1/2018. The Government is requesting quotes for three terms for GRC and PBS: Term 1: shall have a period of performance of 4/1/2018 through 3/31/2019. Term 2: shall have a period of performance of 4/1/2018 through 3/31/2020. Term 3: shall have a period of performance of 4/1/2018 through 3/31/2021. The contract(s) for this natural gas supply requirement are being solicited through the on-line Auction Posting System of EnerNOC, Inc., located in Dublin, Ohio 43016. Should a Quoter be interested in competing for the above contract(s), Quoter must contact Bill Yeager at EnerNOC, Inc. Bill Yeager can be contacted by email at Bill.Yeager@enernoc.com or by phone at 1-614-553-6736. Please reference this Solicitation number 80GRC018Q0005 in all communications. Additionally EnerNOC will provide Quoters with a Username and Password that will allow access to their on-line Auction Posting System to view the requirements, specifications, estimated monthly usage of natural gas, and a sample contract. Details of this solicitation will be posted on the EnerNOC, Inc., Post and Respond Exchange on or about 1/31/2018 and the auction will be due on 2/14/2018. Quoters are required to use the aforementioned EnerNOC, Inc. on-line Auction Posting System to submit their quote. All responsible sources may submit a quote which shall be considered by the agency. Delivery shall be FOB Destination. Quoters shall provide the information required by FAR 52.212-1 (Jan 2017), Instructions to Offerors-Commercial Items, which is incorporated by reference. If the end product(s) offered is other than domestic end product(s) as defined in the clause entitled "Buy American Act -- Supplies," the offeror shall so state and shall list the country of origin. FAR 52.212-4 (Jan 2017), Contract Terms and Conditions-Commercial Items is applicable. 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): For Federal Acquisition Regulation (FAR) provisions, see https://www.acquisition.gov/?q=browsefar For NASA FAR Supplement (NFS) provisions, see http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm (End of provision) FAR 52.212-5 (Nov 2017), Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items is applicable and the following identified clauses are incorporated by reference: 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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)). 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards. 52.209-6 -- Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 52.209-9 - Updates of Publicly Available Information Regarding Responsibility Matters. 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). 52.219-9 -- Small Business Subcontracting Plan 52.219-8 -- Utilization of Small Business Concerns. 52.219-16 -- Liquidated Damages -- Subcontracting Plan 52.219-28 - Post-Award Small Business Program Rerepresentation. 52.222-3, Convict Labor (June 2003) (E.O. 11755). 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $15,000. (MAY 2014) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT. (DEC 2010) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (OCT 2015) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). 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). 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). 52.222-40 - Notification of Employee Rights Under the National Labor Relations Act 52.222-54, Employment Eligibility Verification (Oct 2015). 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. Additional Clauses incorporated by reference: 52.203-3 Gratuities (Apr 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS. (DEC 2014) 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL. (JAN 2017) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-7 Information Regarding Responsibility Matters 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.211-17 DELIVERY OF EXCESS QUANTITIES. (SEP 1989) 52.216-4 ECONOMIC PRICE ADJUSTMENT-LABOR AND MATERIAL. (JAN 2017) 52.217-2 CANCELLATION UNDER MULTIYEAR CONTRACTS. (OCT 1997) 52.227-1 Authorization and Consent (Dec 2007)52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts for Prompt Payment (Feb 2002) 52.232-11 Extras (Apr 1984) 52.232-17 Interest (May 2014) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS. (DEC 2013) 52.233-1 DISPUTES. (MAY 2014) 52.233-1 DISPUTES. (MAY 2014) - ALTERNATE I (DEC 1991) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.237-3 CONTINUITY OF SERVICES. (JAN 1991) 52.241-2 Order of Precedence - Utilities (Feb 1995) 52.241-4 CHANGE IN CLASS OF SERVICE. (FEB 1995) 52.241-5 CONTRACTOR'S FACILITIES. (FEB 1995) 52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS. (JAN 2017) 52.242-15 Stop-Work Order (Aug 1989) 52.243-1 Changes -- Fixed Price (Aug 1987) 52.243-5 CHANGES AND CHANGED CONDITIONS. (APR 1984) 52.246-2 Inspection of Supplies -- Fixed-Price (Aug 1996) 52.246-16 Responsibility for Supplies (Apr 1984) 52.247-34 F.O.B. DESTINATION. (JAN 1991) 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM). (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service (Apr 1984) 52.252-6 Authorized Deviations in Clauses (Apr 1984) (Insert "NASA FAR Supplement (48 CFR Chapter 18)" in paragraph (b)) 1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION. (SEP 2005) 1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP REPORTING. (DEC 2015) 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY. (FEB 2002) 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY. (FEB 2002) - ALTERNATE I (FEB 2006) 1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF WHITSTLEBLOWER RIGHTS. (AUG 2014) 1852.219-75 INDIVIDUAL SUBCONTRACTING REPORTS. (APR 2015) 1852.219-77 NASA MENTOR-PROTéGé PROGRAM. (APR 2015) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of contract end. (End of clause) 52.241-3 SCOPE AND DURATION OF CONTRACT (FEB 1995) (a) For the period, [insert period of service] the Contractor agrees to furnish and the Government agrees to purchase [insert type of service] utility service in accordance with the applicable tariff(s), rules, and regulations as approved by the applicable governing regulatory body and as set forth in the contract. (b) It is expressly understood that neither the Contractor nor the Government is under any obligation to continue any service under the terms and conditions of this contract beyond the expiration date. (c) The Contractor shall provide the Government with one complete set of rates, terms, and conditions of service which are in effect as of the date of this contract and any subsequently approved rates. (d) The Contractor shall be paid at the applicable rate(s) under the tariff and the Government shall be liable for the minimum monthly charge, if any, specified in this contract commencing with the period in which service is initially furnished and continuing for the term of this contract. Any minimum monthly charge specified in this contract shall be equitably prorated for the periods in which commencement and termination of this contract become effective. (End of clause) 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT EQUIPMENT. (JAN 2011) (a) The Contractor shall identify all equipment to be delivered to the Government using NASA Technical Handbook (NASA-HDBK) 6003, Application of Data Matrix Identification Symbols to Aerospace Parts Using Direct Part Marking Methods/Techniques, and NASA Standard (NASA-STD) 6002, Applying Data Matrix Identification Symbols on Aerospace Parts or through the use of commercial marking techniques that: (1) are sufficiently durable to remain intact through the typical lifespan of the property: and, (2) contain the data and data format required by the standards. This requirement includes deliverable equipment listed in the schedule and other equipment when no longer required for contract performance and NASA directs physical transfer to NASA or a third party. The Contractor shall identify property in both machine and human readable form unless the use of a machine readable-only format is approved by the NASA Industrial Property Officer. (b) Equipment shall be marked in a location that will be human readable, without disassembly or movement of the equipment, when the items are placed in service unless such placement would have a deleterious effect on safety or on the item's operation. (c) Concurrent with equipment delivery or transfer, the Contractor shall provide the following data in an electronic spreadsheet format: (1) Item Description. (2) Unique Identification Number (License Tag). (3) Unit Price. (4) An explanation of the data used to make the unique identification number. (d) For equipment no longer needed for contract performance and physically transferred under paragraph (a) of this clause, the following additional data is required: (1) Date originally placed in service. (2) Item condition. (e) The data required in paragraphs (c) and (d) of this clause shall be delivered to the NASA center receiving activity listed below: [Insert NASA Center Receiving Activity address] (f) The contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that require delivery of equipment. GRC 52.246-92 INSPECTION AND ACCEPTANCE (GRC 52.246-92)(JAN 1987) Final inspection and acceptance of all work performed under this contract, including all deliverable items will be performed at destination. 1852.225-70 EXPORT LICENSES. (FEB 2000) (a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR parts 120-130, and the Export Administration Regulations (EAR), 15 CFR parts 730-799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance. (b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at [insert name of NASA installation], where the foreign person will have access to export-controlled technical data or software. (c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions. (d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors. (End of clause) 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT). (MAR 1989) (a) Of the total price of items __ through __, the sum of tiny_mce_marker _ is presently available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the contract in accordance with the following schedule, until the total price of said items is allotted: Schedule for Allotment of Funds Date Amounts {CO INSERT ANTICIPATE DATE OF FUNDING} {CO INSERT AMOUNT OF FUNDING ANTICIPATED} (b) The Contractor agrees to perform or have performed work on the items specified in paragraph (a) of this clause up to the point at which, if this contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the Contractor, approximate the total amount at the time allotted to the contract. The Contractor is not obligated to continue performance of the work beyond that point. The Government is not obligated in any event to pay or reimburse the Contractor more than the amount from time to time allotted to the contract, anything to the contrary in the Termination for Convenience of the Government clause notwithstanding. (c) (1) It is contemplated that funds presently allotted to this contract will cover the work to be performed until __. (2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until that date, or an agreed date substituted for it, the Contractor shall notify the Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract. (3) (i) The notice shall state the estimated date when the point referred to in paragraph (c)(2) of this clause will be reached and the estimated amount of additional funds required to continue performance to the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it. (ii) The Contractor shall, 60 days in advance of the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, advise the Contracting Officer in writing as to the estimated amount of additional funds required for the timely performance of the contract for a further period as may be specified in the contract or otherwise agreed to by the parties. (4) If, after the notification referred to in paragraph (c)(3)(ii) of this clause, additional funds are not allotted by the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, the Contracting Officer shall, upon the Contractor's written request, terminate this contract on that date or on the date set forth in the request, whichever is later, pursuant to the Termination for Convenience of the Government clause. (d) When additional funds are allotted from time to time for continued performance of the work under this contract, the parties shall agree on the applicable period of contract performance to be covered by these funds. The provisions of paragraphs (b) and (c) of this clause shall apply to these additional allotted funds and the substituted date pertaining to them, and the contract shall be modified accordingly. (e) If, solely by reason of the Government's failure to allot additional funds in amounts sufficient for the timely performance of this contract, the Contractor incurs additional costs or is delayed in the performance of the work under this contract, and if additional funds are allotted, an equitable adjustment shall be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the items to be delivered, or in the time of delivery, or both. (f) The Government may at any time before termination, and, with the consent of the Contractor, after notice of termination, allot additional funds for this contract. (g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the Government under the default clause of this contract. The provisions of this Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth in paragraph (a). This clause shall become inoperative upon the allotment of funds for the total price of said work except for rights and obligations then existing under this clause. (h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to the Termination for Convenience of the Government clause of this contract. (End of clause) 52.241-6 SERVICE PROVISIONS. (FEB 1995) (a) Measurement of service. (1) All service furnished by the Contractor shall be measured by suitable metering equipment of standard manufacture, to be furnished, installed, maintained, repaired, calibrated, and read by the Contractor at its expense. When more than a single meter is installed at a service location, the readings thereof may be billed conjunctively, if appropriate. In the event any meter fails to register (or registers incorrectly) the service furnished, the parties shall agree upon the length of time of meter malfunction and the quantity of service delivered during such period of time. An appropriate adjustment shall be made to the next invoice for the purpose of correcting such errors. However, any meter which registers not more than __ percent slow or fast shall be deemed correct. (2) The Contractor shall read all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cognizant regulatory body or applicable bylaws. All billings based on meter readings of less than __ days shall be prorated accordingly. (b) Meter test. (1) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters at intervals not exceeding __ year(s). The Government has the right to have representation during the inspection and test. (2) At the written request of the Contracting Officer, the Contractor shall make additional tests of any or all such meters in the presence of Government representatives. The cost of such additional tests shall be borne by the Government if the percentage of errors is found to be not more than __ percent slow or fast. (3) No meter shall be placed in service or allowed to remain in service which has an error in registration in excess of __ percent under normal operating conditions. (c) Change in volume or character. Reasonable notice shall be given by the Contracting Officer to the Contractor regarding any material changes anticipated in the volume or characteristics of the utility service required at each location. (d) Continuity of service and consumption. The Contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service at each service location, but shall not be liable for damages, breach of contract or otherwise, to the Government for failure, suspension, diminution, or other variations of service occasioned by or in consequence of any cause beyond the control of the Contractor, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes, or other catastrophe, strikes, or failure or breakdown of transmission or other facilities. If any such failure, suspension, diminution, or other variation of service shall aggregate more than __ hour(s) during any billing period hereunder, an equitable adjustment shall be made in the monthly billing specified in this contract (including the minimum monthly charge). (End of clause) 52.241-7 CHANGE IN RATES OR TERMS AND CONDITIONS OF SERVICE FOR REGULATED SERVICES. (FEB 1995) (a) This clause applies to the extent services furnished under this contract are subject to regulation by a regulatory body. The Contractor agrees to give *__________ written notice of (1) the filing of an application for change in rates or terms and conditions of service concurrently with the filing of the application and (2) any changes pending with the regulatory body as of the date of contract award. Such notice shall fully describe the proposed change. If, during the term of this contract, the regulatory body having jurisdiction approves any changes, the Contractor shall forward to the Contracting Officer a copy of such changes within 15 days after the effective date thereof. The Contractor agrees to continue furnishing service under this contract in accordance with the amended tariff, and the Government agrees to pay for such service at the higher or lower rates as of the date when such rates are made effective. (b) The Contractor agrees that throughout the life of this contract the applicable published and unpublished rate schedule(s) shall not be in excess of the lowest cost published and unpublished rate schedule(s) available to any other customers of the same class under similar conditions of use and service. (c) In the event that the regulatory body promulgates any regulation concerning matters other than rates which affects this contract, the Contractor shall immediately provide a copy to the Contracting Officer. The Government shall not be bound to accept any new regulation inconsistent with Federal laws or regulations. (d) Any changes to rates or terms and conditions of service shall be made a part of this contract by the issuance of a contract modification unless otherwise specified in the contract. The effective date of the change shall be the effective date by the regulatory body. Any factors not governed by the regulatory body will have an effective date as agreed to by the parties. (End of clause) 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. (APR 1985) (a) The offeror certifies that- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory- (1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or (2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization]; (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. (End of provision) 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (NOV 2017) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is _______ [insert NAICS code]. (2) The small business size standard is _______ [insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (d) applies. [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless- (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations. (iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include provision at 52.204-7, System for Award Management. (v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. (vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations. (ix) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.) (xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xx) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies. (D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies. (xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations. (xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations. (xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (2) The following representations or certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] _ (i) 52.204-17, Ownership or Control of Offeror. _ (ii) 52.204-20, Predecessor of Offeror. _ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. _ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification. _ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification. _ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). _ (vii) 52.227-6, Royalty Information. _ (A) Basic. _ (B) Alternate I. _ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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. FAR Clause No. Title Date Change 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 on SAM. (End of provision) 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. (OCT 2014) (a) Definitions. As used in this provision- Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program. 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 the size standard in paragraph (b) of this provision. 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. Veteran-owned small business concern means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Women-owned small business concern means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) The North American Industry Classification System (NAICS) code for this acquisition is-______[insert NAICS code]. (2) The small business size standard is ___[insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (c) Representations. (1) The offeror represents as part of its offer that it ☐ is, ☐ is not a small business concern. (2) [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. (3) [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 women-owned small business concern. (4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer 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)(4)(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. (5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that- (i) It ☐ is, ☐ is not an EDWOSB 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)(5)(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. (6) [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. (7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it ☐ is, ☐ is not a service-disabled veteran-owned small business concern. (8) [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)(8)(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) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision) 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): For Federal Acquisition Regulation (FAR) provisions, see https://www.acquisition.gov/?q=browsefar For NASA FAR Supplement (NFS) provisions, see http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm All contractual and technical questions regarding this requirement shall be submitted in writing via email to james.r.griffin@nasa.gov no later than 4:30 EST on January 31, 2018. Telephone questions will not be accepted. It is the Quoters responsibility to monitor this site for the release of amendments (if any) regarding this requirement. Technical acceptability will be determined by review of information submitted by the Quoter which must provide a description in sufficient detail to show that the product offered meets the Government's requirement. Selection and award will be made to that Quoter whose offer will be most advantageous to the Government, with consideration given to the factors of proposed technical merit and price. Quoters must include completed copies of the provision at 52.212-3 (NOV 2017), Offerors Representations and Certifications - Commercial Items with their quote. The provision may be obtained via the internet at URL: http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1624_229919 These representations and certifications will be incorporated by reference in any resultant contract. NASA Clause 1852.215-84 (NOV 2011), Ombudsman, is applicable. The Center Ombudsman for this acquisition can be found at http://prod.nais.nasa.gov/pub/pub_library/Omb.html Prospective Quoters shall notify this office of their intent to submit an offer. This posting, in addition to any attached documents, will be available on https://www.fbo.gov/ Potential Quoters will be responsible for downloading their own copy of this combination synopsis/solicitation and amendments (if any). It is the Quoters's responsibility to monitor the Internet site for the release of the solicitation and amendments (if any).
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