Electronic Security Systems Maintenance (ESS)
This is a combined synopsis/solicitation for commercial items (services/supplies) 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 Subpart 12.6 and FAR Part 13. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. The solicitation is being issued as a Request for Quote (RFQ); solicitation number H92244-14-T-0148.
A firm fixed price contract is contemplated. All responsible sources may submit a quote which shall be considered by the agency. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) No. 2005-73 dated April 29, 2014. The North American Industrial Classification Code (NAICS) code is 561621, which has a corresponding size standard of $12.5 million applies to this procurement. This procurement is 100% UNRESTRICTED. The DPAS rating for this procurement is DO-S10.
The Naval Special Warfare Development Group (NSWDG) has a requirement to procure the following Contract Line Items.
Section B - Supplies or Services
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
0001
5
Months
Electronic Security Systems
(ESS) Maintenance
The Contractor shall provide ESS Maintenance in accordance with the Statement of Work below.
FFP
FOB: Destination
PURCHASE REQUEST NUMBER:
NET AMT
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
0002
1
Lot
$75,000.00NTE
Additional, Replacement or Upgrade Component Parts
The Contractor shall add, replace or upgrade existing component parts as required in support of the Statement of Work as authorized by the Contracting Officer.
FFP
FOB: Destination
PURCHASE REQUEST NUMBER:
NET AMT
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1001
12
Months
OPTION
Electronic Security Systems
(ESS) Maintenance
The Contractor shall provide ESS Maintenance in accordance with the Statement of Work below.
FFP
FOB: Destination
PURCHASE REQUEST NUMBER:
NET AMT
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1002
1
Lot
OPTION
Additional, Replacement or Upgrade Component Parts
The Contractor shall add, replace or upgrade existing component parts as required in support of the Statement of Work as authorized by the Contracting Officer.
FFP
FOB: Destination
PURCHASE REQUEST NUMBER:
$150,000.00 NTE
NET AMT
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2001
12
Months
OPTION
Electronic Security Systems
(ESS) Maintenance
The Contractor shall provide ESS Maintenance in accordance with the Statement of Work below.
FFP
FOB: Destination
PURCHASE REQUEST NUMBER:
NET AMT
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2002
1
Lot
OPTION
Additional, Replacement or Upgrade Component Parts
The Contractor shall add, replace or upgrade existing component parts as required in support of the Statement of Work as authorized by the Contracting Officer.
FFP
FOB: Destination
PURCHASE REQUEST NUMBER:
$150,000.00 NTE
NET AMT
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
3001
12
Months
OPTION
Electronic Security Systems
(ESS) Maintenance
The Contractor shall provide ESS Maintenance in accordance with the Statement of Work below.
FFP
FOB: Destination
PURCHASE REQUEST NUMBER:
NET AMT
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
3002
1
Lot
OPTION
Additional, Replacement or Upgrade Component Parts
The Contractor shall add, replace or upgrade existing component parts as required in support of the Statement of Work as authorized by the Contracting Officer.
FFP
FOB: Destination
PURCHASE REQUEST NUMBER:
$150,000.00 NTE
NET AMT
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
4001
12
Months
OPTION
Electronic Security Systems
(ESS) Maintenance
The Contractor shall provide ESS Maintenance in accordance with the Statement of Work below.
FFP
FOB: Destination
PURCHASE REQUEST NUMBER:
NET AMT
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
4002
1
Lot
$150,000.00 NTE
OPTION
Additional, Replacement or Upgrade Component Parts
The Contractor shall add, replace or upgrade existing component parts as required in
support of the Statement of Work as authorized by the Contracting Officer.
FFP
FOB: Destination
PURCHASE REQUEST NUMBER:
_______________________
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
0002
Destination
Government
Destination
Government
1001
Destination
Government
Destination
Government
1002
Destination
Government
Destination
Government
2001
Destination
Government
Destination
Government
2002
Destination
Government
Destination
Government
3001
Destination
Government
Destination
Government
3002
Destination
Government
Destination
Government
4001 Destination Government Destination Government
4002 Destination Government Destination Government
DELIVERY INFORMATION
CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
UIC
0001
POP 01-JUL-2014 TO
30-NOV-2014
N/A
N/A
FOB: Destination
0002
POP 01-JUL-2014 TO
30-NOV-2014
N/A
N/A
FOB: Destination
1001
POP 01-DEC-2014 TO
30-NOV-2015
N/A
N/A
FOB: Destination
1002
POP 01-DEC-2014 TO
30-NOV-2015
N/A
N/A
FOB: Destination
2001
POP 01-DEC-2015 TO
30-NOV-2016
N/A
N/A
FOB: Destination
2002
POP 01-DEC-2015 TO
30-NOV-2016
N/A
N/A
FOB: Destination
3001
POP 01-DEC-2016 TO
30-NOV-2017
N/A
N/A
FOB: Destination
3002
POP 01-DEC-2016 TO
30-NOV-2017
N/A
N/A
FOB: Destination
4001
POP 01-DEC-2017 TO
30-NOV-2018
N/A
N/A
FOB: Destination
4002
POP 01-DEC-2017 TO
30-NOV-2018
N/A
N/A
FOB: Destination
STATEMENT OF WORK
1.0 Introduction. The Security Department, Naval Special Warfare Development Group (NSWDG),
Virginia Beach, Virginia is responsible for the installation and maintenance of the Electronic Security Systems (ESS) on the command. The ESS consists of Intrusion Detection Systems (IDS), Access Control Systems (ACS), Closed Circuit Television (CCTV) and Intercom.
2.0 Scope. The contractor shall maintain all major equipment belonging to Naval Special Warfare Development Group, located on this compound and all offsite assets identified in Attachment 0001. The contractor shall maintain all interface equipment to include computers and receivers, i.e. MAS and SCR-1 DMP Receivers, Picture Perfect, South West Microwave, AiPhone, FcWnx Software and misc. hardware. They shall provide and install all software upgrades and patches as they are released to ensure systems are kept current with the manufacturer as they become available. The service provider must be able to respond to all trouble calls within four hours, twenty four hours a day, and seven days a week, to include all federal and state holidays. The contractor shall conduct semi-annual inspections, preventive maintenance and test of all components of the systems. This contract is for a base period of five months with four one-year options. Additional MILCON projects are anticipated during this contract period.
3.0 Applicable Documents.
3.1 Technical Specifications for Construction and Management of SCIF ICD/ICS 705
3.2 Naval Physical Security (OPNAVINST 5530.14)
3.3 Security Engineering Electronic Security Systems (UFC 4-021-02NF)
4.0 Requirements.
4.1 Due to some spaces being used to store classified information and materials or small arms, the contractor shall be able to respond to all trouble calls within four hours, twenty four hours a day, seven days a week to include all Federal and State holidays. All work is to be performed by factory trained/certified service technicians in accordance with equipment manufacturer's recommendation to keep the systems fully operational. All maintenance shall be performed in accordance with manufacturer instructions. Repairs shall take place upon arrival for service within 4 hours. Next business day is not approved, but command may allow on a case by case basis.
4.2 The contractor shall perform maintenance on all ESS console equipment. Console equipment includes redundant servers, DMP SCR-1 receivers and subsystems. The contractor shall perform maintenance on government-owned equipment, which includes all supporting equipment. Preventative maintenance shall be performed as required. The contractor shall perform diagnostics of all major systems and subsystems on a monthly basis and submit a written report to NSWDG Security Director. Semi-annual inspections shall be performed on all ESS equipment. Inspections shall include testing functionality and proper performance of all ESS equipment. All documentation of inspections and service work shall be entered and maintained in the onsite Master Mind system. All reports required by the command will be retrieved from the onsite system, no other reports will be accepted.
4.3 Due to the size of our systems, two full time on-site technicians are required. Both technicians shall be on site for a period of 8 hours a day, 5 days a week, Monday thru Friday. If a site technician is required to leave the site, a replacement tech must be on site prior to their departure, I.E. two technicians on site during all periods of scheduled work. Any contractor company-related activities requiring site technicians to be off site shall be scheduled with the command and approved in advance.
4.4 Site technicians shall perform inspections, maintenance, and system modifications. Modifications will be limited to time available during normal working hours.
4.5 The contractor shall provide a certified System Engineer to assist full time maintenance technicians with quarterly inspections and/or testing of computerized ESS systems database. At no time shall these quarterly visits go beyond 30 days past the quarter in which it was required.
4.6 The contractor shall be certified on all ESS equipment installed in accordance with paragraph 3.2 and licensed by the state of Virginia. Site techs shall stay up to date on all training that relates to the systems under contract.
4.7 When the removal of a system component is necessary, the contractor shall be fully responsible for any loss or damage to the component. The contractor shall provide a loaner of equal or greater quality, fully operable within the system while component is being repaired, without additional cost to the government. Also, without additional cost to the government, the contractor shall be responsible for maintaining the replacement component in a totally functional condition until the repaired component is returned to service.
4.8 All ESS equipment is subject to inspection, testing and acceptance by the command Technical Assistant with a copy of report to be turned into the Security Director and/or Contracting Officer.
4.9 The contractor shall provide and install all software patches and firmware upgrades to keep systems current in accordance with the manufacturer's specifications at no additional cost to the Government.
4.10 The contractor shall install additional equipment to existing Government-Owned ESS as approved by the Contracting Officer. The contractor shall provide a cost estimate and red line drawing of all new installation jobs, which will include description sheets (cut sheets) of all equipment and the location of all components in a CAD format.
4.11 The Government will be responsible for all parts not listed on the major part list, (i.e. readers, door contacts and smaller components).
4.12 The Government will authorize a Contract Line Item Number (CLIN) to authorize Additional, Replacement or Upgrade Small Component Parts. The Government will purchase these items on an as needed basis as authorized by the Contracting Officer for normal and emergency maintenance calls. A sample list of the items to be purchased by the Government is shown in Attachment 0002. The Government does not anticipate any additional labor requirements since these items are routine items that may be required as part of normal maintenance procedures.
4.13 The Contractor shall provide labor on all ESS equipment and full maintenance on all servers, receivers, workstations and control panels. For example, contractor will be responsible for parts and labor for servers, workstations, micros, micro boards, IDS panels, and labor only on card readers, door contacts, motion sensors and wiring. This command has approximately 800 readers, approximately 400 cameras and approximately 1000 IDS points that contractor shall be responsible to inspect/service during period of performance.
4.14 There shall be one contractor for all ESS components. These are UTC Picture Perfect 4.0 with Easylobby, FcWNX and MasterMind. DMP for SCR-1 receivers and XR500 IDS panels. ipConfigure for all CCTV and storage of CCTV. SouthWest Microwave for fence protection systems. Aiphone and Sielde for intercom systems. All systems have ties to each.
4.15 The contractor shall provide a four- hour response time to emergency calls due to the nature of our command.
4.16 The contractor shall have the ability to provide same day repair on ESS keeping our potential downtime low allowing us to better support the commands mission.
4.17 The contractor shall provide a certified technician on all ESS systems and the technician shall obtain and maintain a minimum of secret clearance.
4.18 The Contractor shall maintain the ability to handle maintenance surge with certified, cleared technicians during emergency situations.
4.19 The Contracting Officer shall approve all charges outside of the maintenance contract prior to work beginning. Work performed without prior approval of the Contracting Officer will be processed as an unauthorized commitment. The contractor shall provide an itemized list of time and materials cost within 24 hours of services provided outside of contract covered services.
CLAUSES
CLAUSES INCORPORATED BY REFERENCE:
FAR 52.202-1
Definitions
Nov 2013
FAR 52.203-3
Gratuities
Apr 1984
FAR 52.203-6
Restrictions on Subcontractor Sales to the Government (Sep 2006) Alternate I (Oct 1995)
Sep 2006
FAR 52.203-7
FAR 52.203-8
Anti-Kickback Procedures
Cancellation, Rescission and Recovery of funds for Illegal or Improper Activity
Oct 2010
Jan 1997
FAR 52.203-10
Price or Fee Adjustment For Illegal or Improper Activity
Jan 1997
FAR 52.203-11
Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions
Sep 2007
FAR 52.203-12
Limitation On Payments To Influence Certain Federal Transactions
Oct 2010
FAR 52.204-7
FAR 52.204-9
FAR 52.204-10
System for Award Management
Personal Identity Verification of Contractor Personnel
Reporting Executive Compensation and First-Tier Subcontract Awards
Jul 2013
Jan 2011
Jul 2013
FAR 52.209-6
Protecting the Governments Interest When Subcontracting With
Contractors Debarred, Suspended or Proposed for Debarment
Aug 2013
FAR 52.209-7
FAR 52.211-14
Information Regarding Responsibility Matters
Notice of Priority Rating for National Defense Use
Jul 2013
Apr 2008
FAR 52.212-1
Instructions to Offerors - Commercial Items
Apr 2014
FAR 52.212-4
Contract Terms and Conditions-Commercial Items
Sep 2013
FAR 52.212-5 DEV
Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Deviation)
Jan 2014
FAR 52.219-8
Utilization of Small Business Concerns
Jul 2013
FAR 52.222-3
Convict Labor
Jun 2003
FAR 52.222-19
Child Labor Law - Cooperation with Authorities and Remedies
Jan 2014
FAR 52.222-21
Prohibition Of Segregated Facilities
Feb 1999
FAR 52.222-26
Equal Opportunity
Mar 2007
FAR 52.222-35
Equal Opportunity for Veterans
Sep 2010
FAR 52.222-36
Affirmative Action For Workers With Disabilities
Oct 2010
FAR 52.222-37
Employment Reports on Veterans
Sep 2010
FAR 52.222-40
Notification of Employee Rights Under the National Labor
Relations Act
Dec 2010
FAR 52.222-41
Service Contract Act of 1965
Nov 2007
FAR 52.222-50
Combating Trafficking in Persons
Feb 2009
FAR 52.222-54
FAR 52.223-5
FAR 52.223-18
Employment Eligibility Verification
Pollution Prevention and Right-to-Know Information
Encouraging Contractor Policy to Ban Text Messaging While Driving
Jan 2009
May2011
Aug 2011
FAR 52.225-13
FAR 52.225-25
FAR 52.227-1
FAR 52.227-3
Restrictions on Certain Foreign Purchases
Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification
Authorization and Consent
Notice and Assistance Regarding Patent and Copyright Infringement
Jun 2008
Sep 2010
Dec 2007
Dec 2007
FAR 52.228-5
FAR 52.229-3
FAR 52.232-18
FAR 52.232-33
FAR 52.233-1 Alt I
Insurance - Work On A Government Installation
Federal, State and Local Taxes
Availability of Funds
Payment by Electronic Funds Transfer-System for Award Management
Disputes Alt I (Dec 1991)
Jan 1997
Apr 2003
Apr 1984
Sep 2013
Jul 2002
FAR 52.233-3
Protest After Award
Aug 1996
FAR 52.233-4
FAR 52.237-1
FAR 52.237-2
Applicable Law for Breach of Contract Claim
Site Visit
Protection of Government Buildings, Equipment and Vegetation
Oct 2004
Apr 1984
Apr 1984
FAR 52.237-3
FAR 52.237-10
FAR 52-242-13
Continuity of Services
Identification of Uncompensated Overtime
Bankruptcy
Jan 1991
Oct 1997
Jul 1995
FAR 52.242-15
Stop Work Order
Aug 1989
FAR 52.243-1 Alt I
Changes-Fixed Price Alt I (Apr 1984)
Aug 1987
FAR 52.244-5
FAR 52.244-6
Competition in Subcontracting
Subcontracts for Commercial Items
Dec 1996
Dec 2013
FAR 52.246-4
FAR 52.246-25
Inspection of Services-Fixed Price
Limitation of Liability - Services
Aug 1996
Feb 1997
FAR 52.249-4
FAR 52.249-8
Termination for Convenience of the Government (Services)(Short Form)
Default (Fixed Price Supply & Services)
Apr 1984
Apr 1984
FAR 52.253-1
Computer Generated Forms
Jan 1991
DFARS 252.203-7000
Requirements Relating to Compensation of Former DoD Officials
Sep 2011
DFARS 252.203-7002
Requirement to Inform Employees of Whistleblower Rights
Sep 2013
DFARS 252.204-7003
Control of Government Personnel Work Product
Apr 1992
DFARS 252.204-7004 Alt A
System for Award Management (52.204-7) Alternate A
Feb 2014
DFARS 252.209-7001
DFARS 252.209-7002
Disclosure of Ownership or Control by the Government of a Terrorist Country
Disclosure of Ownership or Control By a Foreign Government
Jan 2009
Jun 2010
DFARS 252.217-7028
DFARS 252.225-7012
Over and Above Work
Preference For Certain Domestic Commodities
Dec 1991
Feb 2013
DFARS 252.232-7010
Levies on Contract Payments
Dec 2006
DFARS 252.243-7002
Requests for Equitable Adjustments
Mar 1998
DFARS 252.247-7007
Liability and Insurance
Dec 1991
DFARS 252.247-7023
Transportation of Supplies by Sea-Basic
Apr 2014
SOFARS 5652.204-9004
Foreign Persons
2006
SOFARS 5652.233-9000
Independent Review of Agency Protests
Aug 2011
SOFARS 5652.237-9000
Contractor Personnel Changes
1998
SOFARS 5652-252-9000 Notice of Incorporation of Section K
CLAUSES INCORPORATED BY FULL TEXT
Please note that due to character limitation, full text of the Federal Acquisition Regulation (FAR) can be accessed on the internet at http://www.farsite.hill.af.mil.
FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) 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 public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and
(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) 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.
(ii) 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.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) 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. Sec. 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.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 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.
(iv) 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).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
(End of provision)
FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)
(a) Definitions. As used in this provision-
"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
"Federal contracts and grants with total value greater than $10,000,000" means-
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013) ALTERNATE I (APR 2011)
An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.
(a) Definitions. As used in this provision--
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Inverted domestic corporation," as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.
"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except-
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
___________________________________________
(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]
(i) General. The offeror represents that either-
(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a cer
