HVAC System Replacement and Repair
COMBINED SYNOPSIS/SOLICITATION
PERFORMANCE OF HVAC SYSTEM REPLACEMENT AND REPAIRS AT THE NATIONAL WEATHER SERVICE (NWS), KEY WEST WEATHER FORECAST OFFICE IN KEY WEST, FL.
(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
(II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NWWP4000-19-00137NGB.
(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-02(MAY 2019)(Deviation 2017-01)(AUG 2017).
(IV) This solicitation is being issued as a small business set-aside for supplies. The associated NAICS code is 238220. The small business size standard is $15 Million.
(V) This combined solicitation/synopsis is for purchase of the following commercial services and products:
CLIN 0001 - REPLACE AND REPAIR HVAC SYSTEM AT THE NATIONAL WEATHER SERVICE'S, WEATHER FORECAST OFFICE IN KEY WEST, FL. THE CONTRACTOR IS RESPONSIBLE FOR COMPLETING ALL FIVE TASKS SPECIFIED IN THE STATEMENT OF WORK. THE AWARDED CONTRACTOR SHALL FURNISH, ENGINEER, FABRICATE, INSTALL AND TEST A COMPLETE AND OPERATIONAL HVAC SYSTEM.
(VI) Description of requirements is as follows:
HVAC Repairs
Florida Keys Weather Forecast Office (WFO)
1315 White Street
Key West, FL 33040
STATEMENT OF WORK
EXISTING CONDITIONS
Existing HVAC system at the Weather Forecast Office (WFO) in Key West, FL, has systemic system malfunctions from the 2017 Hurricane Season.
SCOPE
The National Weather Service (NWS) solicits interested and qualified private and commercial vendors to submit proposals for entering into agreement for the purpose of furnishing, and installing the services specified under this request for proposal. The contractor is to provide all labor, tools, equipment, hard ware and consumables to furnish and install a fully integrated and functional system.
The NWS expects a "turnkey" solution for this project. The awarded contractor shall, furnish, engineer, fabricate, install, and test a complete and operational system. All materials and equipment shall be new and of the latest technology available at the moment. Installation, service and maintenance shall be performed by personnel skilled in the installation of air conditioning system. Bidders shall provide all necessary certifications. New equipment must be compatible with existing air conditioning and Building Automation System to remain.
Refer to Appendix A for testing and inspections performed to the existing system
Task-1:
a) Replace all three existing 10 Tons Condensing Units (CU) for Trane Split system # CU-2A, CU-2B & CU-2C (total of 3). Remove and dispose existing refrigerant and install new R-410A refrigerant to all units, flush existing system with a refrigerant flushing solution. Replace filter dryers
b) Replace existing 20 Tons Condensing Units for Trane Split system # CU-1 (total of 1). Remove and dispose existing refrigerant and install new R-410A refrigerant, flush existing piping. Replace filter dryers
c) Add necessary controls for Building Automation System (BAS) to monitor and control new units.
d) Install a power phase monitor for all units to protect them from power surges, outages and loss of phase.
e) Replace all insulation on CUs refrigerant lines with a UV rated insulation or wrap.
f) Properly secure new units to deck using NOA per local code with stainless steel or hot galvanized, hurricane rated tie downs.
g) Factory installed saltwater corrosion coating on all CU's.
h) Provide new NEMA-3R fusible disconnects on concrete wall by CUs, provide spare fuses for three full changes.
Note: Existing Condensing Units are located inside the mechanical yard on the second floor, under a roof top metal cage. Contractor will have to remove and reinstall the roof top metal cage, and possibly the metal beams, to replace existing CUs. A crane will be required to remove the metal cage/beam and handle new and existing CUs.
Task-2:
a) Replace both 10 Tons Condensing Units for Liebert PAC units #1 and 2 (total of 2). Add refrigerant as needed, flush existing piping if needed.
b) Add necessary controls for Building Automation System (BAS) to monitor and control new units.
c) Install a power phase monitor for all units to protect them from power surges, outages and loss of phase.
d) Replace all insulation on CUs refrigerant lines with a UV rated insulation or wrap.
e) Properly secure new units to deck using NOA per local code with stainless steel or hot galvanized, hurricane rated tie downs.
f) Factory installed saltwater corrosion coating on all CU's.
g) Install an air scrubber to minimize salt intake into the condenser system.
h) Provide new HVAC rated disconnect on concrete wall by CUs.
Note: Existing Condensing Units are located inside the mechanical yard on the second floor, under a roof top metal cage. Contractor will have to remove and reinstall the roof top metal cage, and possibly the metal beams, to replace existing CUs. A crane will be required to remove the metal cage/beam and handle new and existing CUs.
Task-3:
a) Install an additional air flow sensors for each AHU to be use by the BMS as AHU status input to command compressors on.
Task-4:
a) Replace existing Air Handler Units AHU-1, 2A, 2B and 2C (total of 4)
b) Remove and reinstall partition wall /interior wall to provide enough access space to replace the units.
c) Provide duct wrapping of all areas of duct that need to be altered in order to remove the units.
d) Connect new units to BAS
e) Provide ducted temporary Air Conditioning during unit replacement
f) Provide new stand for all units
g) Provide a plastic, floor condensate collector tray under AHU-1, and under AHU 2A, 2B and 2C (one for all three) to collect any water leak from the AHUs. Make tray big enough to catch any water leak coming from the units. Pipe tray to closest floor drain. Install tray to not obstruct walking corridors.
h) Replace existing AHU condensate piping.
i) Work with NWS TAB agent 5D for the duration of the project
j) Work with NWS commissioning agent 5D for duration of project.
Task-5:
a) Refurbish all existing VAV boxes (Total of 13). VAV boxes will not be replaced, only the elements specified below.
b) Replace all heating elements of all VAV boxes EDHs, recalculate to assure proper size. Replace all safety/reset switches, and sensors associated with the EDH. Calibrate all sensors so they work with the existing controls.
c) Clean all VAV boxes
BID SCHEDULE
All tasks shall be bid as separate line items. NWS Reserves the right to exercise one or more of the bid options
GENERAL REQUIREMENTS
1) All exterior equipment, fittings and hardware shall be marine grade stainless steel or hot-dip galvanized.
2) Contractor shall be responsible for restoring work site to original condition.
3) All material and equipment shall be new and of the latest technology, and compatible with existing equipment.
4) The Contractor shall comply with all local, state, and Federal environmental, health, and safety regulations while conducting this work. In addition, the Contractor shall ensure that all work is in compliance with the applicable codes.
5) All work contained in this Statement of Work shall be completed in a professional and workmanlike manner, per manufacturers' specifications and requirements and in accordance with industry standards and practices, and in accordance with the latest edition of Local, State and Federal regulations.
6) Disposal. Unless specified otherwise by the Government, the Contractor will be required to properly remove and dispose of all construction and/or demolition waste material in accordance with Local, State and Federal waste disposal regulations.
7) All Bidders are strongly encouraged to attend a site visit to inspect all proposed replacement work and to acquire all necessary site information to properly prepare their bid proposal. Failure of the Contractor to attend a site visit and acquire all necessary site information to properly prepare their Bid Proposal shall not be acceptable cause to justify a later request for additional costs after Contract Award. All technical questions must be in writing and sent to the NOAA Contracting Officer.
8) Provide verification of all system operations.
WORK SITE
Florida Keys Weather Forecast Office
1315 White Street
Key West, FL 33040
PROJECT WARRANTY
Contractor shall provide a written warranty for the workmanship for a period of (1) one for year from the date of acceptance unless otherwise specified.
POINT OF CONTACTS:
Site POC, Dan Milner 305-295-1316, dan.milner@noaa.gov
William Martinez, 305-632-2477; William.martinez@noaa.gov
COR Matthew DeGeorge, 682-703-3737, matthew.degeorge@noaa.gov
INVOICING INSTRUCTIONS
The language below shall be incorporated into Invoicing Instructions
Invoicing and Progress Report (Bipartisan Budget Act of 2018)
a. Supplemental funds appropriated by the Bipartisan Budget Act of 2018 (P.L. 115-123). All requirements identified in this contract action utilize supplemental funds specifically appropriated by the Bipartisan Budget Act of 2018 (BBA) for necessary expenses related to the consequences of Hurricanes Harvey, Irma, and Maria. To the extent that BBA supplemental funds are identified in this contract action, a clear and transparent record of how the funds are used and expended must be provided.
b. Identification of BBA supplemental funded activities. Work requirements that are funded with BBA supplemental funds will be separately identified with a unique Contract Line Item Number (CLIN). This CLIN will include the specific designation "BBA Funded" along with unique accounting information that must be included when invoicing for services and/or products delivered.
c. Invoicing requirements. While a specific format is not prescribed, contractor invoices must include the following elements to facilitate a separate record of costs incurred against BBA supplemental funded activities: (1) the CLIN number; (2) the specific supplemental designation "BBA Funded" in the description of services performed/products delivered; and (3) the current and cumulative amount payable. These data elements will also facilitate the clear delineation of the BBA supplemental funded activities from activities that are not funded with BBA supplemental funds.
d. Progress report requirements: If progress reports are required, each report shall identify the BBA supplemental funded CLIN number along with the description of accomplishments for the reporting period. Similar to the invoicing requirements, if multiple CLINs are listed in the contract schedule, the work must be broken out by CLIN with the "BBA Funded" designation for those CLINs funded with BBA supplemental funds.
STANDARD REQUIREMENTS
A. Compliance.
The Contractor shall comply with all local, state, and Federal environmental, health, and safety regulations while conducting this work. In addition, the Contractor shall ensure that all work is in compliance with the applicable codes and be responsible for all licenses, permits and fees required to complete this project.
B. Disposal.
The Contractor will be required to properly remove and dispose of all waste material in an environmentally friendly manor.
C. Guidelines.
The Project shall follow the guidelines stated in the Statement of Work, site diagrams, blueprint, and any contractor provided quoted documents. All modifications must be submitted and approved by the Contracting Officer.
D. Hours of Operation.
Work shall be performed between 7:00am & 5:00pm Monday thru Friday unless otherwise approved by the COR. Contractor agrees to observe all Federal Holidays, and any other day off work designated by Federal Statute, Executive Order, or Presidential Proclamation:
New Year's Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, Christmas, Memorial Day, Presidents Day, Independence Day & Martin Luther King Day.
E. Government Contact.
The Contracting Officer Representative (COR) will serve as the Government's point of contact for all submissions.
F. Documents.
The Government does not warrant that any documents provided as attachments to be free from discrepancies, ambiguities, errors, omissions, or changing conditions. It is the responsibility of the Contractor to confirm existing conditions and resolve discrepancies between documents.
SAFETY AND EMERGENCY PLAN:
A. The Contractor shall observe and institute all applicable OSHA safety requirements and procedures to prevent accidents and injuries to both Contractor and Government employees including 40 CFR 1926 Subpart M for fall protection requirements.
B. The Contractor shall designate one person as Safety Coordinator for purposes of communication between the Contractor and the National Weather Service COR Primary Contact Matthew DeGeorge at 682-703-3737
C. Contractor shall provide a Safety Plan and Procedure to protect employees from being injured while on the job site. Submit plan to the Contracting Officer for review and approval.
D. Contractor shall provide an Emergency Plan and Procedure to provide immediate care for an employee injured while on the job site. Submit plan to the Contracting Officer for review and approval.
GOVERNMENT PROVIDED MATERIALS AND/OR SERVICES
A. EXCLUSIONS:
Unless otherwise indicated elsewhere in this SOW, the Government will provide no data, materials, equipment and/or services to the Contractor. Any and all research required to fulfill the SOW described herein, shall be the responsibility of the Contractor. The Government retains the right to request the Contractor to acquire additional information on behalf of the Government.
B. WARRANTY:
The Government does not warrant that any documents provided as attachments to be free from discrepancies, ambiguities, errors, omissions, or changing conditions. It is the responsibility of the Contractor to confirm existing conditions and resolve discrepancies between documents.
***All submittals shall become the property of the U.S. Government***
Appendix A "Tests and Inspections of existing system"
Results from NWS Inspection of System
Table 1
Inspection Findings
Finding
# Findings
1 AHU # 2A has failed due to a compressor failure. It was noted that the unit has a refrigerant leak at the service port. It was also noted that several repairs had taken place resulting in three different refrigerants being introduced into the system without changing the liquid line filter core dryer.
2 Sensor calibration is an issue. Please see table 2
3 During the testing of the VAV EDH systems it was discovered that the following EDHs were not functional: VAVs 4,5,6,7,10 and 12. Only 50% of the installed EDHs are working correctly.
4 VAV # 7 indicated a negative airflow of -3591 CFM.
5 The pressurization fans were in the off position causing the head pressure of all of the condensing units to high. 5D's turned them back on.
6 Air flow at VAVs 5,10,11,12 had been changed from the original design. It is suspected that the reduced Min air flows across the EDHs has caused the heaters to burn open or trip the safeties.
7 VAV # 10 indicated the damper is at 100% open however the Max CFM is not achieved.
8 TAB needs to be accomplished.
9 The condensing units are showing signs of salt corrosion causing the head pressure to increase thereby causing additional energy costs and reduce mission reliability.
Table 2
AHU Discharge Temp VAV# VAV Discharge Air Temp VAV Room Temp Setpoint Indicated Actual Room Temp Actual Room Temp Temp Offset Required EDH (on/off) # of Heating Strips EDH Test Notes (see below table)
72.5 1 66.2 72 69.5 71.7 2.2 Off 1 OK
72.5 2 66.9 71 69.5 67.4 -2.1 Off 1 Inop 1
72.5 3A 69.2 71 70.3 74 3.7 Off 1 OK
72.5 3B 69.2 70 71.2 71.8 0.6 Off 1 OK
72.5 4 67 70 73 74.2 1.2 Off 1 Inop 1
72.5 5 67 72.3 74.3 74.3 2 Off 2 Partially Operational 2
72.5 6 74.2 71 75 74.3 -0.7 Off 2 Inop 3
72.5 7 56.7 71 70.8 72.7 1.9 Off 1 Inop 1
72.5 8 58.9 71 70.6 69.2 -1.4 Off 1 OK
72.5 9 57.2 71 71.1 70.8 -0.3 Off 1 OK
72.5 10 68.5 70 70.3 69.8 -0.5 Off 2 Inop 4
68.7 11 57.6 71 74.1 73.7 -0.4 Off 2 OK 5
68.7 12 57.7 70 74.1 75.1 1 Off 2 Inop 6
VAV Functional Analysis
Notes from Table 2:
1. When the EDH was overridden to the on position the discharge air temp leaving the VAV did not increase. This indicates the EDH is not working
2. This EDH has two electrical heating strips and only one is operational
3. The EDH was locked off in the program. However, when the EDH was released to normal operation it fails to operate.
4. The VAV damper is at 100% open however the CFM flow is only 577 CFM. The flow should be at 1425 CFM under high loads conditions this VAV will not perform to design conditions causing the space to be hot.
5. The Min heating CFM that is programed into the controller is 100 CFM. The design CFM is 1915. This low CFM will cause the heater to not heat and possible burn.
6. Both stages of heat were locked off in the VAV controller program. However, the EDH did not operate when the lock was released. The heating Min CFM was set at 100 CFM. The design Min CFM is 1276. The low CFM setting has caused the EDH not to work because not enough CFM is available to remove the heat from the heater strips thereby causing the heaters to overheat and burn or trip the safeties.
Table 3
Air Flow Analysis
VAV Effective set point Indicated Air Flow Damper position Max Air flow set point Min Air Flow set point Notes
(See below table)
1 186 196 43% 310 186
2 300 309 50% 510 300
3A 245 250 50% 410 245
3B 312 316 41% 520 312
4 240 245 50% 400 240
5 500 508 23% 625 500 1
6 208 209 26% 1050 630
7 321 -3591 100% 535 321
8 243 245 45% 405 243
9 396 396 59% 660 396
10 685 561 100% 1425 685 2
11 1399 1397 53% 3192 100 3
12 2128 2133 59% 2128 100 4
Notes from Table 3:
1. The original design Max flow is 1300 CFM and the Min design CFM flow is 780 CFM.
2. The original design Max CFM flow is 1825 CFM and the Min design CFM flow is 1095 CFM.
3. The original Min design flow is 1915 CFM
4. The original Min design flow is 1275 CFM
(VII) PERIOD OF PERFORMANCE: 90 DAYS AFTER RECEIPT OF ORDER
(VIII) FAR 52.212-1, INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (OCT 2018), applies to this acquisition. This will be evaluated on a best value basis.
NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.
Quotes shall be fully executed and returned on the Standard Form (SF) 18 or your own company quote form and any acknowledgements of solicitation amendments on the SF 30. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable (preferred) and can be sent to Nick Brown, email nicholas.g.brown@noaa.gov or Faxed to 303-497-6349.
At a minimum the contractor shall provide the following information:
a) Point of contact name, telephone and E-mail address.
b) DUNS Number
THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT.
(IX) FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS (OCT 2014), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a) the Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers. All factors have the same value:
1. Price
2. Past Performance - The offeror's past performance on related contracts (specifically experience with Trane and Liebert systems) may be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, communications between contracting parties, and customer satisfaction. Quote shall include at least two references for similar services including the phone number, full address, and e-mail address (if available).
3. Technical Approach and Capability - The offeror's approach to performing contract requirements, investigation methodology and capability to successfully perform the contract will be evaluated. A contractor that has performed a site visit will be regarded with higher technical capability unless the contractor can provide a detailed technical approach write-up with their quote for the Government to consider in place of a visit.
A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after receipt, unless written notice of withdrawal is received before award.
(X) THE OFFEROR MUST SUBMIT A COMPLETED COPY OF THE PROVISION AT FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (OCT 2018)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision-
"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"-
"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 veteransor, 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 with13 CFR 124.1002, means a small business concern unde 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 at13 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 CFR124.104(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; an
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part127), 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
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 least51 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.
(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 in SAM
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it □is, □is not a small business concern.
(2) Vetera-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 CFR124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-
(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-
(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph(c)(1) of this provision.] The offeror represents, as part of its offer, that-
(i) It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order11246-
(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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(2) Foreign End Products:
Line Item No. Country of Origin
______________
________________
______________
_________________
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(g)
(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
______________
_________________
______________
_________________
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product.
Other Foreign End Products:
Line Item No. Country of Origin
______________
_________________
______________
_________________
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
_______________________________________
_______________________________________
___________________________________
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No. Country of Origin
______________
_________________
______________
_________________
[List as necessary]
(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
______________
_________________
______________
_________________
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products:
Line Item No. Country of Origin
_______________
__________________
_______________
__________________
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h)certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-
(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed end products.
Listed End Product Listed Countries of Origin
___________________
___________________
___________________
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
(ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Plae 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 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 CFR1.6049-4;
Other ________________________________.
(5) Common parent.
Offeror is not owned or controlled by a common parent;
Name and TIN of common parent:
Name ________________________________.
TIN _________________________________.
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations.
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(2) Representation. The Offeror represents that-
(i) It □is, □ is not an inverted domestic corporation; and
(ii) It □is, □is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx ).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation).
(1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code: ____________________.
Immediate owner legal name: _____________________.
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity: □ Yes or □ No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code: __________________.
Highest-level owner legal name: ___________________.
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
(1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(2) The Offeror represents that-
(i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(ii) It is □ is not □a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: (or mark "Unknown").
Predecessor legal name: .
(Do not use a "doing business as" name).
(s) [Reserved].
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (12.301(d)(1)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) □does, □does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.
(iii) A publicly accessible website includes the O
