FBODaily.com | FedBizOpps: MOD | J | IDIQ FOR TROUBLE SHOOTING, MAINTENANCE AND REPAIR OF GENERAL ELECTRIC MARINE PROPULSION AND AUXILIARY SYSTEMS FOR NOAA T-AGOS CLASS SHIPS - Amendment 1

FBO DAILY - FEDBIZOPPS ISSUE OF JULY 20, 2016 FBO #5353
MODIFICATION

J -- IDIQ FOR TROUBLE SHOOTING, MAINTENANCE AND REPAIR OF GENERAL ELECTRIC MARINE PROPULSION AND AUXILIARY SYSTEMS FOR NOAA T-AGOS CLASS SHIPS - Amendment 1

Notice Date: 7/18/2016
Notice Type: Modification/Amendment
NAICS: 238210 — Electrical Contractors and Other Wiring Installation Contractors
Contracting Office: Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Eastern Acquisition Division - Norfolk, Norfolk Federal Building, 200 Granby Street, Norfolk, Virginia, 23510, United States
ZIP Code: 23510
Solicitation Number: NMAN7200-14-00318
Archive Date: 9/30/2016
Point of Contact: MICHELLE M BLAKE, Phone: 757-441-3870
E-Mail Address: MICHELLE.BLAKE@NOAA.GOV
(MICHELLE.BLAKE@NOAA.GOV)
Small Business Set-Aside: Total Small Business
Description: SOW (Rev. 7/17/2016), Attachment to Amendment 0001 Amendment 0001, page 2 of 2 SF30, Amendment 0001, page 1 of 2 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format at FAR Subpart 12.6, as supplemented with additional information included in this notice, and is being conducted pursuant to FAR Part 12 and Subpart 13.5. The synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circulars No. 2005-88 (eff. 6/15/2016). Should the Government issue an order resulting from this RFQ, it will be in the form of a written offer to the supplier and shall require the supplier's acceptance by notification to the Government, in writing, as defined at FAR 2.101. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A SEPARATE WRITTEN SOLICITATION WILL NOT BE ISSUED. The Government anticipates awarding a single Indefinite Delivery-Indefinite Quantity (IDIQ) contract having a sixty (60) month ordering period. The contract will have a sixty (60) month ordering period with a maximum value of $2.1 million. The contract shall have a minimum contract guarantee amount of $5,000.00. The ordering period may be extended up to an additional six (6) months at the Government's option in accordance with FAR clause 52.217-8. Services will be ordered via task orders in accordance with FAR Part 16 and the terms of the contract. Each task order will have a scope of work that will describe the specific project requirements and the length of its performance period. The performance period of individual task orders may vary based on the level of effort required by the scope of work. Task orders may be issued on a firm fixed-price, time and materials or labor hour basis, or a combination of these contract types. The primary work site will be at and aboard NOAA ships and boats in U.S. ports, at sea, and at sites throughout the world. The RFQ is 100% set-aside for small business concerns. The associated North American Industry Classification System (NAICS) code is 238210, which has a corresponding size standard of $15M. Federal Acquisition Regulation (FAR) clause 52.219-14 entitled "LIMITATIONS ON SUBCONTRACTING" is applicable to this acquisition, requiring that at least 50 percent of the cost of contract performance incurred for personnel shall be expended by employees of the concern. NOAA owns and operates four (4) monohull T-AGOS class ships (one of the Stalwart class and three of the Adventurous class): Hi'ialakai, Gordon Gunter, Okeanos Explorer and Oscar Elton Sette. These ships operate throughout the Western Atlantic, Gulf of Mexico, Caribbean Sea and the Pacific Ocean. The ships conduct Fisheries Research, Oceanographic Research and environmental surveys, with endurance of up to 40 days. The ships are home ported in Honolulu, HI; Pascagoula, MS; and Kingstown, RI. Their missions are critical to the nation for understanding and managing precious ocean resources. These ships are outfitted with the following propulsion and auxiliary systems: Alarm and Monitoring Systems ¯ GE FANUC Cimplicity ¯ Series 9030 ¯ Versa Max & Field control Silicone Controlled Rectifier (SCR) Drives ¯ GE PDM F91-27063 Controllers ¯ F91-52102 SCR Controllers Propulsion Motors ¯ GE Model 42G972 800 HP Generator Control and Protection Systems ¯ GE DS3815EGRB Generator Controls Switchboards, Circuit Breakers, and Electrical Distribution Systems ¯ GE AKR50 ¯ GE TCVVF5 Powerbreak These systems were manufactured and installed on the ships by General Electric (GE) during their construction in the 1980s. The systems, which are mature and are no longer supported by GE, require technical support, troubleshooting and repair. The National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, 200 Granby Street, Norfolk, Virginia 23510, on behalf of Office of Marine and Aviation Operations (OMAO), is soliciting quotes for the following: UNIT EXTENDED CLIN QTY UNIT PRICE PRICE Ordering Period One: Date of Award through 12 months thereafter 101 Provide services of a licensed Professional EST. EST. Engineer in accordance with Para. III 1,032 LH $____ $______ of the Statement of Work (SOW), Attachment (1) 102 (a) Other Direct Costs (ODCs)-Travel. EST. EXTENDED This CLIN includes reimbursement of 1 LS $112,500 $_______* travel expenses in accordance with the Federal Travel Regulation (FTR) and FAR 31.205-46; the reimbursement of travel expenses will include the contractor's General and Administrative (G&A) expense rate. G&A expense rate applicable to travel: ____% Quantity: 1; Unit of Issue: Lump Sum; Unit Price: Estimated $67,500.00; Extended Price= $__________* [G&A rate X $67,500.00]. (b) Other Direct Costs (ODCs)-Material/Parts and Shipping. This CLIN includes materials/parts and shipping charges for the delivery of materials/parts needed in support of CLIN 101. Materials/parts and shipping charges will be reimbursed based on actual expenses incurred, plus a nominal material/handling fee. Invoices will be required to substantiate prices paid for materials/parts and shipping charges. Material/handling fee: ____% ¬¬ Quantity: 1; Unit of Issue: Lump Sum; Unit Price: Estimated $45,000.00; Extended Price= $__________* [Material/handling fee rate X $45,000.00]. *Contractor add these two amounts from CLIN 102(a) and 102(b) and enter the total on the blank on the first line of CLIN 102 labeled "EXTENDED". Ordering Period Two: Twelve consecutive months following ordering Period One 201 Provide services of a licensed Professional EST. EST. Engineer in accordance with Para. III 1,032 LH $____ $______ of the Statement of Work (SOW), Attachment (1) 202 (a) Other Direct Costs (ODCs)-Travel. EST. EXTENDED This CLIN includes reimbursement of 1 LS $112,500 $_______* travel expenses in accordance with the Federal Travel Regulation (FTR) and FAR 31.205-46; the reimbursement of travel expenses will include the contractor's General and Administrative (G&A) expense rate. G&A expense rate applicable to travel: ____% Quantity: 1; Unit of Issue: Lump Sum; Unit Price: Estimated $67,500.00; Extended Price= $__________* [G&A rate X $67,500.00]. (b) Other Direct Costs (ODCs)-Material/Parts and Shipping. This CLIN includes materials/parts and shipping charges for the delivery of materials/parts needed in support of CLIN 201. Materials/parts and shipping charges will be reimbursed based on actual expenses incurred, plus a nominal material/handling fee. Invoices will be required to substantiate prices paid for materials/parts and shipping charges. Material/handling fee: ____% ¬¬ Quantity: 1; Unit of Issue: Lump Sum; Unit Price: Estimated $45,000.00; Extended Price= $__________* [Material/handling fee rate X $45,000.00]. *Contractor add these two amounts from CLIN 202(a) and 202(b) and enter the total in the blank on the first line of CLIN 202 labeled "EXTENDED". Ordering Period Three: Twelve consecutive months following ordering Period Two 301 Provide services of a licensed Professional EST. EST. Engineer in accordance with Para. III 1,032 LH $____ $______ of the Statement of Work (SOW), Attachment (1) 302 (a) Other Direct Costs (ODCs)-Travel. EST. EXTENDED This CLIN includes reimbursement of 01 LS $112,500 $_______* travel expenses in accordance with the Federal Travel Regulation (FTR) and FAR 31.205-46; the reimbursement of travel expenses will include the contractor's General and Administrative (G&A) expense rate. G&A expense rate applicable to travel: ____% Quantity: 1; Unit of Issue: Lump Sum; Unit Price: Estimated $67,500.00; Extended Price= $__________* [G&A rate X $67,500.00]. (b) Other Direct Costs (ODCs)-Material/Parts and Shipping. This CLIN includes materials/parts and shipping charges for the delivery of materials/parts needed in support of CLIN 301. Materials/parts and shipping charges will be reimbursed based on actual expenses incurred, plus a nominal material/handling fee. Invoices will be required to substantiate prices paid for materials/parts and shipping charges. Material/handling fee: ____% ¬¬ Quantity: 1; Unit of Issue: Lump Sum; Unit Price: Estimated $45,000.00; Extended Price= $__________* [Material/handling fee rate X $45,000.00]. *Contractor add these two amounts from CLIN 302(a) and 302(b) and enter the total in the blank on the first line of CLIN 302 labeled "EXTENDED". Ordering Period Four: Twelve consecutive months following ordering Period Three 401 Provide services of a licensed Professional EST. EST. Engineer in accordance with Para. III 1,032 LH $____ $______ of the Statement of Work (SOW), Attachment (1) 402 (a) Other Direct Costs (ODCs)-Travel. EST. EXTENDED This CLIN includes reimbursement of 01 LS $112,500 $_______* travel expenses in accordance with the Federal Travel Regulation (FTR) and FAR 31.205-46; the reimbursement of travel expenses will include the contractor's General and Administrative (G&A) expense rate. G&A expense rate applicable to travel: ____% Quantity: 1; Unit of Issue: Lump Sum; Unit Price: Estimated $67,500.00; Extended Price= $__________* [G&A rate X $67,500.00]. (b) Other Direct Costs (ODCs)-Material/Parts and Shipping. This CLIN includes materials/parts and shipping charges for the delivery of materials/parts needed in support of CLIN 401. Materials/parts and shipping charges will be reimbursed based on actual expenses incurred, plus a nominal material/handling fee. Invoices will be required to substantiate prices paid for materials/parts and shipping charges. Material/handling fee: ____% ¬¬ Quantity: 1; Unit of Issue: Lump Sum; Unit Price: Estimated $45,000.00; Extended Price= $__________* [Material/handling fee rate X $45,000.00]. *Contractor add these two amounts from CLIN 402(a) and 402(b) and enter the total in the blank on the first line of CLIN 402 labeled "EXTENDED". Ordering Period Five: Twelve consecutive months following ordering Period Four 501 Provide services of a licensed Professional EST. EST. Engineer in accordance with Para. III 1,032 LH $____ $______ of the Statement of Work (SOW), Attachment (1) 502 (a) Other Direct Costs (ODCs)-Travel. EST. EXTENDED This CLIN includes reimbursement of 01 LS $112,500 $______* $______ travel expenses in accordance with the Federal Travel Regulation (FTR) and FAR 31.205-46; the reimbursement of travel expenses will include the contractor's General and Administrative (G&A) expense rate. G&A expense rate applicable to travel: ____% Quantity: 1; Unit of Issue: Lump Sum; Unit Price: Estimated $67,500.00; Extended Price= $__________* [G&A rate X $67,500.00]. (b) Other Direct Costs (ODCs)-Material/Parts and Shipping. This CLIN includes materials/parts and shipping charges for the delivery of materials/parts needed in support of CLIN 501. Materials/parts and shipping charges will be reimbursed based on actual expenses incurred, plus a nominal material/handling fee. Invoices will be required to substantiate prices paid for materials/parts and shipping charges. Material/handling fee: ____% ¬¬ Quantity: 1; Unit of Issue: Lump Sum; Unit Price: Estimated $45,000.00; Extended Price= $__________* [Material/handling fee rate X $45,000.00]. *Contractor add these two amounts from CLIN 502(a) and 502(b) and enter the total in the blank on the first line of CLIN 502 labeled "EXTENDED". GRAND TOTAL ALL CLINS 101 through 502 $________________ Federal Acquisition Regulation (FAR) and Commerce Acquisition Regulation (CAR) provisions and clauses that are included in this solicitation are denoted by the applicable acronyms. FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAY 2015) applies to this IDIQ. The clause with its ALTERNATE 1 (MAY 2014) applies to this IDIQ for time and materials (T&M) or labor hour (LH) task orders issued against it. The clauses are applicable as stated with the following addenda: (a) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) The place of acceptance for deliverables required by individual task orders will be specified on individual task orders. (a)(4) The portion of the labor rate attributable to profit is (contractor fill in): ______% (g) NOAA/ERAD INVOICES (APR 2011) The contractor may submit invoices electronically to the Task Monitor (TM) designated in individual task orders, and shall simultaneously submit one electronic copy and one hard copy to the Contracting Office identified in individual task orders, which is the designated billing office. (i) Payment: Payment will be made by the designated payment office, which is Department of Commerce/NOAA Finance Office, Room 1204, 20020 Century Blvd., Germantown, MD 20874. (i)(1)(ii)(D) Other Costs. (1) Other direct Costs. Each order must list separately the elements of other direct charge(s) for that order. NOAA/ERAD OTHER DIRECT COSTS - TRAVEL (NOV 2008) Work required under task orders placed under this IDIQ may require the Contractor to travel. If travel is required, the travel shall be requested and approved in advance by the Contracting Officer's Representative (COR). The travel estimate shall include the name of the individual that is proposed to travel, the reason for the travel as it relates to the scope of work, the dates and location of travel, the estimated cost including a breakdown of cost (airfare, lodging, per diem), and confirmation that the cost is in compliance with the Federal Travel Regulations (FTR). Travel will be reimbursed in accordance with FAR Part 31 and the FTR, including allowable G&A expenses but exclusive of fee. These references can be found on the Internet at the following addresses: www.arnet.gov/far and www.gsa.gov/travel. OTHER DIRECT COSTS - MATERIAL/PARTS/SHIPPING Work required by task orders issued under this IDIQ may require the Contractor to obtain and provide materials and parts for repair and maintenance of the specified equipment, as well as payment of associated shipping costs. The contractor shall provide a published commercial price list or a receipt showing prices actually paid for materials, parts, shipping costs to support the contractor's invoices for payment under individual task orders. INDIRECT COSTS - (CONTRACTOR'S GENERAL AND ADMINISTRATIVE EXPENSE RATE AND MATERIAL HANDLING FEE) Each order must list separately the fixed amount for the indirect costs and payment schedule. (i)(3) CAR 1352.216-72 CEILING PRICE (APR 2010) (THIS CLAUSE IS APPLICABLE TO T&M OR LH TASK ORDERS ISSUED AGAINST THE IDIQ, AND WILL BE INCLUDED IN THOSE TASK ORDERS AS APPROPRIATE) The ceiling price of this contract is $____*_______. The Contractor shall not make expenditures nor incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk. * To be provided at contract award. NOAA/ERAD INCREASE IN TASK ORDER CEILING PRICE (FEB 2013) (THIS CLAUSE IS APPLICABLE TO T&M OR LH TASK ORDERS ISSUED AGAINST THE IDIQ, AND WILL BE INCLUDED IN THOSE TASK ORDERS AS APPROPRIATE) The ceiling identified in this task order is only an estimate. The actual labor hours for each category of labor may fluctuate throughout performance of the SON. The Government may increase the estimated ceiling at the hourly rates and within the applicable 12-month term as identified in the task order's Schedule of Prices. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor by task order modification that the task order ceiling price has been increased and states a revised ceiling. At no time shall the task order's stated ceiling be exceeded, except at the contractor own risk. See also, FAR Clause 52.212-4 (ALT I), Ceiling Price paragraph. The Government will provide the contractor preliminary notice should an increase in the task order ceiling become necessary. Such preliminary notice shall in no way obligate the Government to an increase in the ceiling. Any increase in the task order ceiling will be by bilateral modification pursuant to this clause. (End of clause) NOAA/ERAD LIMITATION OF FUNDS (*THIS CLAUSE IS APPLICABLE TO T&M OR LH TASK ORDERS ISSUED AGAINST THE IDIQ, AND WILL BE INCLUDED IN THOSE TASK ORDERS AS APPROPRIATE) (a) The parties estimate that performance of this contract will not cost the Government more than the ceiling price specified in the Task Order. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the ceiling price. (b) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 85% of the total amount so far allotted to the contract by the Government. The notice shall state the additional funds required to continue performance for the period specified in the Schedule. (q) 1. FAR 52.232-40 PR0VIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) 2. CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (r) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (w) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) (x) IDIQ CONTRACTING OFFICER'S REPRESENTATIVE (COR) and COR(S) FOR INDIVIDUAL TASK ORDER(S) 1. (a) Mr. Jon E. Rix is hereby designated as the Contracting Officer's Representative (COR) for this IDIQ only. Additional CORs will be assigned for the technical administration of individual task orders issued under the IDIQ at the time the order is issued. The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. Mr. Jon E. Rix is located at: Department of Commerce/NOAA, OMAO/MOC-A, 439 W. York Street, Norfolk, VA 23510; Phone number: (757) 441-3495 or mobile (757) 613-9000; E-mail: Jon.E.Rix@noaa.gov. (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (y) INSURANCE: The contractor shall maintain commercial insurance in compliance with local, state and federal laws and in amounts usual and customary to the type of work to be performed under the contract for the duration of the work. Contractor shall provide proof of such insurance to the Contracting Officer within 5 days after contract award. (End of clause) (z) CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010) The period of performance of this contract is from date of award, and the ordering period shall continue in effect during the period ending 60 months after the date of contract award. The ordering period may be extended up to an additional six (6) months, for a total ordering period not to exceed 66 months, should the Government exercise its option under with FAR clause 52.217-8. The period of performance for individual task orders will be specified on the individual task orders. (End of clause) (aa) FEDERAL ACQUISITION REGULATION (FAR) CLAUSE (FAR) CLAUSE 52.203-99, ENTITLED "PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015)" is incorporated herein in full text, as follows: (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with 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. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (ab) FAR 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through sixty (60) months thereafter or up to 66 months if optional clause FAR 52.217-8 is exercised by the Government. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of Clause) (ac) FAR 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of $25,000.00; (2) Any order for a combination of items in excess of $50,000.00; or (3) A series of orders from the same ordering office within of 7 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within of 4 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) (ad) FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 120 days beyond the contract expiration date. (End of Clause) (ae) CAR 1352.216-74 TASK ORDERS (APR 2010) (af) CAR 1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010) During the term of the contract, the Government shall place orders totaling a minimum of $5,000.00. The amount of all orders shall not exceed the $2.1 million ceiling. (ag) CAR 1352.216-76 PLACEMENT OF ORDERS (APR 2010) (a) The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include: (1) Date of order; (2) Contract number and order number; (3) Item number and description, quantity, and unit price or estimated cost or fee; (4) Delivery or performance date; (5) Place of delivery or performance (including consignee); (6) Packaging, packing, and shipping instructions, if any; (7) Accounting and appropriation data; (8) Method of payment and payment office, if not specified in the contract; (9) Any other pertinent information. (b) In accordance with FAR 52.216-18, Ordering, the following individuals (or activities) are authorized to place orders against this contract: NOAA Contracting Officers within the limitation of their individual warrants. (c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is: Team Lead Performance Assessment and Improvement Team, CAPPS U.S. Department of Commerce Office of Acquisition Management 1402 Constitution Avenue, N.W. Washington, DC 20230 Telephone (202) 482-3780 (End of clause) (ah) CAR 1352.216-77 CEILING PRICE The ceiling price of this contract is $2.1 million. The contractor shall not make expenditures nor incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the contractor's own risk. (End of clause) (ai) NOAA/AGO SCHEDULE OF DELIVERABLES: Item Description Qty Due Dlvr to Reference Proof of Insurance 1 5 days after award Contracting FAR 52.212-4(y) Officer NOTE: Deliverables required by specific task orders will be identified in the task order. (End of clause) (aj) CAR 1352.237-75 KEY PERSONNEL (APR 2010) (a) The contractor shall assign to this contract the following key personnel: Name Position Title _____________________ Electrical Engineer, Licensed P.E.____________ ________________________________________________________________ __ ___________________________________________________________________ (b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer. (c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes. (End of clause) (ak) This is A Low Risk Non-IT Service Contract. The Contractor shall be responsible for coordinating the process for obtaining a Common Access Card (CAC) for contractor employee(s) with the Government trusted agent, Mr. Jon E. Rix, and shall be responsible for returning such CAC cards to the Government trusted agent upon release of the employee(s) from performing work under the contract or upon contract completion, whichever occurs first. (al) CONTRACTOR BUSINESS SYSTEMS (a) Definitions. As used in this clause- "Acceptable Contractor business systems" means Contractor business systems that comply with the terms and conditions of the applicable business system clauses listed in the definition of "Contractor business systems" in this clause. "Contractor business systems" means- (1) Accounting system, if this contract includes the clause, Accounting System Administration; (2) Earned value management system, if this contract includes the clause, Earned Value Management System; (3) Estimating system, if this contract includes the clause, Cost Estimating System Requirements; (4) Material management and accounting system, if this contract includes the clause, Material Management and Accounting System; (5) Property management system, if this contract includes the clause, Contractor Property Management System Administration; and (6) Purchasing system, if this contract includes the clause, Contractor Purchasing System Administration. "Significant deficiency," in the case of a Contractor business system, means a shortcoming in the system that materially affects the ability of officials of the Department of Commerce to rely upon information produced by the system that is needed for management purposes. (b) General. The Contractor shall establish and maintain acceptable business systems in accordance with the terms and conditions of this contract. (c) Significant deficiencies. (1) The Contractor shall respond, in writing, within 30 days to an initial determination that there are one or more significant deficiencies in one or more of the Contractor's business systems. (2) The Contracting Officer will evaluate the Contractor's response and notify the Contractor, in writing, of the final determination as to whether the Contractor's business system contains significant deficiencies. If the Contracting Officer determines that the Contractor's business system contains significant deficiencies, the final determination will include a notice to withhold payments. &emsp; (d) Withholding payments. (1) If the Contracting Officer issues the final determination with a notice to withhold payments for significant deficiencies in a Contractor business system required under this contract, the Contracting Officer will withhold five percent of amounts due from progress payments and performance-based payments, and direct the Contractor, in writing, to withhold five percent from its billings on interim cost vouchers on cost-reimbursement, labor-hour, and time-and-materials contracts until the Contracting Officer has determined that the Contractor has corrected all significant deficiencies as directed by the Contracting Officer's final determination. The Contractor shall, within 45 days of receipt of the notice, either correct the deficiencies or submit an acceptable corrective action plan showing milestones and actions to eliminate the deficiencies. (2) If the Contractor submits an acceptable corrective action plan within 45 days of receipt of a notice of the Contracting Officer's intent to withhold payments, and the Contracting Officer, in consultation with the auditor or functional specialist, determines that the Contractor is effectively implementing such plan, the Contracting Officer will reduce withholding directly related to the significant deficiencies covered under the corrective action plan, to two (2) percent from progress payments and performance-based payments, and direct the Contractor, in writing, to reduce the percentage withheld on interim cost vouchers to two (2) percent until the Contracting Officer determines the Contractor has corrected all significant deficiencies as directed by the Contracting Officer's final determination. However, if at any time, the Contracting Officer determines that the Contractor has failed to follow the accepted corrective action plan, the Contracting Officer will increase withholding from progress payments and performance-based payments, and direct the Contractor, in writing, to increase the percentage withheld on interim cost vouchers to the percentage initially withheld, until the Contracting Officer determines that the Contractor has corrected all significant deficiencies as directed by the Contracting Officer's final determination. (3) Payment withhold percentage limits: (i) The total percentage of payments withheld on amounts due under each progress payment, performance-based payment, or interim cost voucher, on this contract shall not exceed- (A) Five percent for one or more significant deficiencies in any single Contractor business system; and (B) Ten percent for significant deficiencies in multiple Contractor business systems. (ii) If this contract contains pre-existing withholds, and the application of any subsequent payment withholds will cause withholding under this clause to exceed the payment withhold percentage limits in paragraph (e)(3)(i) of this clause, the Contracting Officer will reduce the payment withhold percentage in the final determination to an amount that will not exceed the payment withhold percentage limits. (4) For the purpose of this clause, payment means any of the following payments authorized under this contract: (i) Interim payments under- (A) Cost-reimbursement contracts; (B) Incentive type contracts; (C) Time-and-materials contracts; (D) Labor-hour contracts. (ii) Progress payments. (iii) Performance-based payments. (5) Payment withholding shall not apply to payments on fixed-price line items where performance is complete and the items were accepted by the Government. (6) The withholding of any amount or subsequent payment to the Contractor shall not be construed as a waiver of any rights or remedies the Government has under this contract. (7) Notwithstanding the provisions of any clause in this contract providing for interim, partial, or other payment withholding on any basis, the Contracting Officer may withhold payment in accordance with the provisions of this clause. (8) The payment withholding authorized in this clause is not subject to the interest-penalty provisions of the Prompt Payment Act. (e) Correction of deficiencies. (1) The Contractor shall notify the Contracting Officer, in writing, when the Contractor has corrected the business system's deficiencies. (2) Once the Contractor has notified the Contracting Officer that all deficiencies have been corrected, the Contracting Officer will take one of the following actions: (i) If the Contracting Officer determines that the Contractor has corrected all significant deficiencies as directed by the Contracting Officer's final determination, the Contracting Officer will, as appropriate, discontinue the withholding of progress payments and performance-based payments, and direct the Contractor, in writing, to discontinue the payment withholding from billings on interim cost vouchers under this contract associated with the Contracting Officer's final determination, and authorize the Contractor to bill for any monies previously withheld that are not also being withheld due to other significant deficiencies. Any payment withholding under this contract due to other significant deficiencies, will remain in effect until the Contracting Officer determines that those significant deficiencies are corrected. (ii) If the Contracting Officer determines that the Contractor still has significant deficiencies, the Contracting Officer will continue the withholding of progress payments and performance-based payments, and the Contractor shall continue withholding amounts from its billings on interim cost vouchers in accordance with paragraph (e) of this clause, and not bill for any monies previously withheld. (iii) If the Contracting Officer determines, based on the evidence submitted by the Contractor, that there is a reasonable expectation that the corrective actions have been implemented and are expected to correct the significant deficiencies, the Contracting Officer will discontinue withholding payments, and release any payments previously withheld directly related to the significant deficiencies identified in the Contractor notification, and direct the Contractor, in writing, to discontinue the payment withholding from billings on interim cost vouchers associated with the Contracting Officer's final determination, and authorize the Contractor to bill for any monies previously withheld. (iv) If, within 90 days of receipt of the Contractor notification that the Contractor has corrected the significant deficiencies, the Contracting Officer has not made a determination in accordance with paragraphs (f)(2)(i), (ii ), or (iii) of this clause, the Contracting Officer will reduce withholding directly related to the significant deficiencies identified in the Contractor notification by at least 50 percent of the amount being withheld from progress payments and performance-based payments, and direct the Contractor, in writing, to reduce the payment withholding from billings on interim cost vouchers directly related to the significant deficiencies identified in the Contractor notification by a specified percentage that is at least 50 percent, but not authorize the Contractor to bill for any monies previously withheld until the Contracting Officer makes a determination in accordance with paragraphs (f)(2)(i), (ii), or (iii) of this clause. (v) At any time after the Contracting Officer reduces or discontinues the withholding of progress payments and performance-based payments, or directs the Contractor to reduce or discontinue the payment withholding from billings on interim cost vouchers under this contract, if the Contracting Officer determines that the Contractor has failed to correct the significant deficiencies identified in the Contractor's notification, the Contracting Officer will reinstate or increase withholding from progress payments and performance-based payments, and direct the Contractor, in writing, to reinstate or increase the percentage withheld on interim cost vouchers to the percentage initially withheld, until the Contracting Officer determines that the Contractor has corrected all significant deficiencies as directed by the Contracting Officer's final determination. (End of clause) (am) CONTRACTOR ACCOUNTING SYSTEM ADMINISTRATION (a) Definitions. As used in this clause- (1) "Acceptable accounting system" means a system that complies with the system criteria in paragraph (c) of this clause to provide reasonable assurance that- (i) Applicable laws and regulations are complied with; (ii) The accounting system and cost data are reliable; (iii) Risk of misallocations and mischarges are minimized; and (iv) Contract allocations and charges are consistent with billing procedures. (2) "Accounting system" means the Contractor's system or systems for accounting methods, procedures, and controls established to gather, record, classify, analyze, summarize, interpret, and present accurate and timely financial data for reporting in compliance with applicable laws, regulations, and management decisions, and may include subsystems for specific areas such as indirect and other direct costs, compensation, billing, labor, and general information technology. (3) "Significant deficiency" means a shortcoming in the system that materially affects the ability of officials of the Department of Commerce to rely upon information produced by the system that is needed for management purposes. (b) General: The Contractor shall establish and maintain an acceptable accounting system. Failure to maintain an acceptable accounting system, as defined in this clause, shall result in the withholding of payments if the contract includes the clause, Contractor Business Systems, and also may result in disapproval of the system. (c) System criteria: The Contractor's accounting system shall provide for- (1) A sound internal control environment, accounting framework, and organizational structure; (2) Proper segregation of direct costs from indirect costs; (3) Identification and accumulation of direct costs by contract; (4) A logical and consistent method for the accumulation and allocation of indirect costs to intermediate and final cost objectives; (5) Accumulation of costs under general ledger control; (6) Reconciliation of subsidiary cost ledgers and cost objectives to general ledger; (7) Approval and documentation of adjusting entries; (8) Management reviews or internal audits of the system to ensure compliance with the Contractor's established policies, procedures, and accounting practices; (9) A timekeeping system that identifies employees' labor by intermediate or final cost objectives; (10) A labor distribution system that charges direct and indirect labor to the appropriate cost objectives; (11) Interim (at least monthly) determination of costs charged to a contract through routine posting of books of account; (12) Exclusion from costs charged to Government contracts of amounts which are not allowable in terms of Federal Acquisition Regulation (FAR) part 31, Contract Cost Principles and Procedures, and other contract provisions; (13) Identification of costs by contract line item and by units (as if each unit or line item were a separate contract), if required by the contract; (14) Segregation of preproduction costs from production costs, as applicable; (15) Cost accounting information, as required- (16) By contract clauses concerning limitation of cost (FAR 52.232-20), limitation of funds (FAR 52.232-22), or allowable cost and payment (FAR 52.216-7); and (17) To readily calculate indirect cost rates from the books of accounts; (18) Billings that can be reconciled to the cost accounts for both current and cumulative amounts claimed and comply with contract terms; (20) Adequate, reliable data for use in pricing follow-on acquisitions; and (21) Accounting practices in accordance with standards promulgated by the Cost Accounting Standards Board, if applicable, otherwise, Generally Accepted Accounting Principles. (d) Significant deficiencies: (1) The Contracting Officer will provide an initial determination to the Contractor, in writing, of any significant deficiencies. The initial determination will describe the deficiency in sufficient detail to allow the Contractor to understand the deficiency. (2) The Contractor shall respond within 30 days to a written initial determination from the Contracting Officer that identifies significant deficiencies in the Contractor's accounting system. If the Contractor disagrees with the initial determination, the Contractor shall state, in writing, its rationale for disagreeing. (3) The Contracting Officer will evaluate the Contractor's response and notify the Contractor, in writing, of the Contracting Officer's final determination concerning- (i) Remaining significant deficiencies; (ii) The adequacy of any proposed or completed corrective action; and (iii) System disapproval, if the Contracting Officer determines that one or more significant deficiencies remain. (e) If the Contractor receives the Contracting Officer's final determination of significant deficiencies, the Contractor shall, within 45 days of receipt of the final determination, either correct the significant deficiencies or submit an acceptable corrective action plan showing milestones and actions to eliminate the significant deficiencies. (f) Withholding payments: If the Contracting Officer makes a final determination to disapprove the Contractor's accounting system, and the contract includes the clause, Contractor Business Systems, the Contracting Officer will withhold payments in accordance with that clause. (End of clause) (an) CAR 1352.237-71 SECURITY PROCESSING REQUIREMENTS -- LOW RISK CONTRACTS (APR 2010) (a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor. (b) Investigative requirements for Non-IT Service Contracts are: (1) Contracts more than 180 days-National Agency Check and Inquiries (NACI). (2) Contracts less than 180 days-Special Agency Check (SAC). (c) Investigative requirements for IT Service Contracts are: (1) Contracts more than 180 days-National Agency Check and Inquiries (NACI). (2) Contracts less than 180 days-National Agency Check and Inquiries (NACI). (d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check. (e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have: (1) Official legal status in the United States; (2) Continuously resided in the United States for the last two years; and (3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters. (f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows: (1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting. (2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing. (3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site. (4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division (FBIN). (5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee's Alien Registration Receipt Card number to aid in verification. (6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security. Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility ( i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date. (g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts. (1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM. (2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC. (h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons: (1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude. (2) Falsification of information entered on security screening forms or of other documents submitted to the Department. (3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract. (4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets. (i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems. (j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information. (k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts. (End of clause) ***End addendum to FAR CLAUSE, 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015)*** FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016) (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 (Nov 2015) (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: XX (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 (Oct 2015) (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). XX (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (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). XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (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) [Reserved] ___ (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 2014) (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] XX (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. XX (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 2015) (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 2015) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). XX (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). XX (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). XX (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). XX (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). XX (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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 (Oct 2015) 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. ___ (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 (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. XX (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). ___ (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 (Feb 2016) (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)). XX (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: XX (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 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). ___ (5) 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). ___ (6) 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). ___ (7) 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). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (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) Notwithstanding 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 (Oct 2015) (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 $700,000 ($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) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (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). (xii) 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.) (xiii) 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) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 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). (xvii) 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. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) ***End of FAR CLAUSE 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016) *** &emsp; CONTRACT DOCUMENTS, EXHIBITS AND/OR ATTACHMENTS The following documents are attached to this solicitation and made a part of this solicitation and any resultant contract. Attachment Title Number of Pages 1 Statement of Work (SOW) (Rev. 7/17/2016) titled "TROUBLESHOOTING, MAINTENANCE AND REPAIR OF GENERAL ELECTRIC MARINE PROPULSION AND AUXILIARY SYSTEMS FOR NOAA T-AGOS CLASS SHIPS" 3 2 Past Performance Evaluation Questionnaire form 8 3 Contractor Accounting System Disclosure Questionnaire 5 *****END OF SECTION***** FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015) applies to this acquisition with the following addenda: (b) Any questions regarding this Request for Quotations (RFQ) must be sent electronically to Michelle Blake at michelle.blake@noaa.gov no later than noon Eastern time on July 12, 2016. All references herein to "offerors" shall be construed as "vendors", and all references herein to "offers" or "bids" shall be construed as "quotes". Vendors responding to this solicitation shall submit written quotes in the English language. Quote shall be signed and dated, and shall include the typed or printed name of the person signing the quote, including the signer's title. (b)(2) Electronic submission is authorized. Vendors interested in submitting a quote in response to this Request for Quotations (RFQ) are requested to provide their written quote, including all information required by this RFQ, not later than noon Eastern time on July 22, 2016 to NOAA/ERAD, 200 East Granby Street, Suite 815, Norfolk, VA 23510, Attention: Michelle Blake or by email to michelle.blake@noaa.gov. All responsible small business sources may submit a quotation which shall be considered by the agency. Contractors are encouraged to register with the FedBizOpps Vendor Notification Service as well as the Interested Vendors list for this Acquisition (see applicable tab within FedBizOpps where this synopsis/solicitation is posted). (b)(4) (a) Evaluation Factor 1 - Technical Capability. Vendors shall demonstrate in sufficient detail their understanding of the requirements and the proposed approach that will be used to successfully accomplish the requirements of the Statement of Work (SOW). If the vendor proposes to use subcontractors to perform any part of this effort, the vendor must identify the subcontractor(s), describe how the subcontractor(s) will be used in performing the services, and provide verifiable proof of the subcontractor's qualifications, experience and past performance. The Technical Capability response shall, in addition to the above, address the following: 1. Key Personnel: Provide resume(s) that evidence experience working on General Electric Marine Propulsion and Auxiliary Systems, with special emphasis on the number of times the work was performed by the individual over the last three years and the individual's experience providing system enhancements. The information provided shall include verifiable proof of the individual's experience working on these systems. In addition to the verifiable experience, the resume(s) shall include the individual's education and training, as well as proof of certification as an Electrical Engineer and Professional Engineer (P.E.) license. The information provided shall include their technical capability in sufficient detail to evaluate their ability to perform the solicitation requirements. 2. Coordination with American Bureau of Shipbuilding (ABS): Describe the vendor's process and capability to provide the required coordination, including the vendor's experience working with ABS, how the information will be tracked and how the vendor will keep the Task Order COR updated regarding the status of these efforts. 3. Telephone Technical Support: Describe the vendor's capability to provide telephone technical support on a 24 hour per day basis, every day, including dedicated telephone number(s), contact names and hours of availability for each contact. 4. Onsite Training for Ships Crews: Describe the vendor's process and capability to provide on-site training in the operation and troubleshooting of the General Electric Marine Propulsion and Auxiliary Systems. (b) Evaluation Factor 2 - Past Performance. In 10 pages or less, describe at least three (3) and not more than five (5) projects performed in the last three (3) years that are relevant to this project; i.e., similar in scope and complexity. Include the following data: client name, address, phone number, client point of contact (POC), E-mail address of the client POC, project performance period, dollar value of the project, and the project title and contract number. For each project, provide a narrative account of the work performed and include the following: (1) summary of the project; (2) Brief description of work performed and results achieved; (3) Description of the methodology, tools, and processes utilized in performing the work; (4) Adherence to project schedule and cost; (5) Problems encountered and corrective actions taken; and (6) Description of how the work is relevant to this requirement. Vendors that are newly formed entities or otherwise lack relevant prior contracts should list contracts and subcontracts as required above for all key personnel and applicable resources to be used in the effort being offered (where it may not be easily apparent, also explain the relevance of the past performance). Vendors are encouraged to describe any problems encountered and corrective actions taken on the identified contracts. The Government will contact some or all of the points of contact identified by the vendors to obtain past performance information. The Government may contact other sources to obtain information on the vendor's past performance. The Past Performance Form, Attachment 2, is provided for the vendor to submit to their client for each project the vendor includes in its proposal for this factor. Ensure correct phone numbers and e-mail addresses are provided for each client point of contact. Completed Past Performance forms shall be submitted by the client directly to the Contract Specialist, Michelle Blake, via E-mail at michelle.blake@noaa.gov. Past Performance forms must be received by the Contract Specialist prior to the due date and time for receipt of quotes. (c) Evaluation Factor 3 - Price. Price proposals shall be submitted in such a format that they are easily separated from the other proposal information submitted. The vendor's price proposal must adhere to the pricing structure established in the Contract Line Item (CLIN) section of this RFQ. The Government expects that quotes received as a result of this RFQ will result in adequate price competition. However, in order to determine that offered prices are fair and reasonable, the Government reserves the right to request that the vendor provide price breakdowns to support proposed prices. (b)(6) Vendors shall submit FIRM FIXED-PRICE quotes, FOB DESTINATION, in response to this solicitation in U.S. DOLLARS, rounded to NOT MORE THAN TWO DECIMAL POINTS. FAR 52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS-COMMERCIAL ITEM ACQUISITION (FEB 2007) (b)(11) Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (b)(12) A completed copy of Attachment 3, Contractor Accounting System Disclosure Questionnaire. (c) Sixty (60) days (d) The text of this paragraph is deleted and the paragraph is "Reserved". (e) The text of this paragraph is deleted and the paragraph is "Reserved". (f) The text of this paragraph is deleted and the paragraph is "Reserved". (i) The full text of the FAR provisions and clauses noted within this synopsis/solicitation can be accessed on the Internet at https://www.acquisition.gov/far and CAR clauses and provisions and clauses noted within this solicitation can be accessed on the Internet at http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm. (h) The text of this paragraph is deleted and the paragraph is "Reserved". (j) ALL VENDORS shall provide their Data Universal Numbering System (DUNS) number, as issued by Dun and Bradstreet, along with their quotes. For information regarding how to obtain a DUNS Number, refer to the full text version of paragraph (j) of FAR Provision 52.212-1. (m) CAR 1352.233-70 AGENCY PROTESTS (APR 2010) (a) An agency protest may be filed with either: (1) The Contracting Officer, or (2) at a level above the Contracting Officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: U. S. Department of Commerce, Eastern Region Acquisition Division, Attn: Melissa R. Sampson, Contracting Officer, 200 Granby Street, Room 815, Norfolk, Virginia 23510. (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S Department of Commerce, Senior Procurement Executive, 1401 Constitution Avenue NW Suite 6422, Washington DC 20230 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW, Washington, DC 20230. FAX: (202) 482-5858. (End of provision) (n) CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) ***End of Addendum to FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)*** FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014) applies to this acquisition with the following addenda: (a) The following shall be used to evaluate quotes: (i) technical capability; (ii) past performance and (iii) price. Technical capability and past performance combined are significantly more important than price. Vendors with no record of past performance will be assigned a neutral rating for this factor. (i) Technical Capability: The Government will evaluate the vendor's technical capability submission in order to determine their understanding of the requirements of the SOW and the vendor's experience in performing the work specified, as well as their personnel qualifications, experience and capability to perform all the requirements of the SOW. (ii) Past Performance. Quotes will be evaluated to assess the contractor's past performance history. Vendors without a record of relevant past performance or for whom information on past performance is not available will be given a neutral rating for that factor. (iii) Price. Technical capability and past performance, when combined, are significantly more important than price. While price is not the most important factor, its importance in this procurement will not be overlooked. The degree of its importance will increase commensurately with the degree of equality among non-price evaluation factors. For evaluation purposes, the entire 60 month ordering period for services will be evaluated. Also, see the following paragraph (b) "Options", regarding evaluation of the option period pursuant to FAR Clause 52.217-8. (b) Options. The Government will evaluate offers by adding the total estimated price for all five of the ordering periods comprising the 60 month ordering period. The Government will further evaluate offers for award purposes by adding the price for FAR Clause 52.217-8, Option to Extend Services, to the total base and option periods price to derive an offeror's overall evaluated price. Accordingly, the unit pricing of each of the 12-month ordering periods shall be deemed fully evaluated for use by the Government should it elect to exercise FAR Clause 52.217-8, which is applicable to this solicitation and any subsequent award, and which may be exercised at different times, more than once, for a total period not to exceed six months. The price to be added for the purposes of this evaluation for FAR clause 52.217-8 shall be based on one half the quantity for the fifth ordering period multiplied by the evaluated price(s) for that period. The Government may determine that an offer is unacceptable if the prices for each of the ordering periods are significantly unbalanced. Evaluation of option(s) shall not obligate the Government to exercise the option(s). (c) Deleted. (End of Provision) ***End of FAR PROVISION FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)*** &emsp; FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (APR 2016) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision. (a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "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. "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. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) 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) or 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; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 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 appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract 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 email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 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 DUNS Number 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 section 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 and 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). (End of Provision) Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. *****END OF SOLICITATION***
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Record: SN04186291-W 20160720/160718234643-9068fa3b4e6c9bf05b8c78b341f419b6 (fbodaily.com)
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