Loren Data's SAM Daily™

FBO DAILY ISSUE OF MAY 27, 2012 FBO #3837
SOLICITATION NOTICE

20 -- UTILTY BOATS AND TRAILERS FOR NOAA SHIPS FERDINAND HASSLER AND RAINIER

Notice Date

5/25/2012
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

336612 — Boat Building
 

Contracting Office

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, Norfolk Federal Building, 200 Granby Street, Norfolk, Virginia, 23510, United States
 

ZIP Code

23510
 

Solicitation Number

EA133M-12-RP-0082
 

Point of Contact

Tim Corrigan, Phone: 757-441-6897, Melissa R Sampson, Phone: 757-441-6561
 

E-Mail Address

Tim.Corrigan@noaa.gov, melissa.r.sampson@noaa.gov
(Tim.Corrigan@noaa.gov, melissa.r.sampson@noaa.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

20 - UTILTY BOATS AND TRAILERS FOR NOAA SHIPS FERDINAND HASSLER AND RAINIER NOTICE DATE: 05/25/2012 NOTICE TYPE: REQUEST FOR PROPOSALS NAICS: 336612 - Boat Building Contracting Office Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition, 200 Granby Street, Suite 815, Norfolk, VA 23510 ZIP Code 23510 Solicitation Number EA133M-12-RP-0082 Response Due 06/14/2012 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format at FAR Subpart 12.6, as supplemented with additional information included in this notice. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-58. The acquisition is being conducted pursuant to FAR Parts 12 and 15. The solicitation number is EA133M-12-RP-0082 and is issued as a Request for Proposal (RFP). THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; PROPOSALS ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. The RFP is 100% set aside for small business concerns. The associated North American Industry Classification System (NAICS) code is 336612, which has a corresponding size standard of 500 employees. The National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, 200 Granby Street, Norfolk, Virginia 23510, has a requirement for two (2) utility boats and two (2) utility boat trailers. One (1) utility boat and one (1) utility boat trailer shall be delivered to the NOAA Ship FERDINAND HASSLER. One (1) utility boat and one (1) utility boat trailer shall be delivered to the NOAA Ship RAINIER. The contractor shall provide all labor, services, materials, equipment, and associated related items and services necessary to perform the requirements outlined in the Specification entitled "NOAA Ship FERDINAND HASSLER and NOAA Ship RAINIER Utility Boat Replacements". The Specification references the following drawings: "3 Inch Flush Currie Walker Thru-Hull Assembly", and "FERDINAND HASSLER New Boat Envelope". The Specification is included with this announcement. The drawings are provided as attachments to this RFP. The NOAA Ship FERDINAND HASSLER will be available for ship check from May 25, 2012 to June 6, 2012 at 439 W York Street, Norfolk, VA 23510. Potential offerors should contact Ensign Jason Wilson at (804) 413-1796 or Lieutenant Andrew Ostapenko at (757) 441-6302 to schedule a ship check of the NOAA Ship FERDINAND HASSLER. The NOAA Ship RAINIER will be available for ship check at US Coast Guard BSSU Kodiak Cargo Pier, 1915 Rezanof Drive East, Kodiak, Alaska 99615, May 26, 2012 - May 28, 2012. Potential offerors should contact Ensign Jason Wilson at (804) 413-1796 or Lieutenant Andrew Ostapenko at (757) 441-6302 to schedule a ship check of the NOAA Ship RAINIER. Provide the following contract line item numbers (CLINs): CLIN 0001 Utility Boat and Trailer and Onboard Training for NOAA Ship FERDINAND HASSLER in accordance with the Specification "NOAA Ship FERDINAND HASSLER and NOAA Ship Rainier Utility Boat Replacements" 1 JOB $________________________ CLIN 0002 Utility Boat and Trailer and Onboard Training for NOAA Ship RAINIER in accordance with the Specification "NOAA Ship FERDINAND HASSLER and NOAA Ship Rainier Utility Boat Replacements". 1 JOB $________________________ CLIN 0003 Certification of all tests for Utility Boat and Trailer for NOAA Ship FERDINAND HASSLER and RAINIER in accordance with paragraph 3.1.3.11 of the Specification 1 LOT (NOT SEPARATELY PRICED) CLIN 0004 Manuals and Documentation for NOAA Ship FERDINAND HASSLER and RAINIER in accordance with paragraph 3.1.3.12 of the Specification 1 LOT (NOT SEPARATELY PRICED) CLIN 0005 Written, separate, standard commercial utility boat warranty, furnished by offeror, effective on acceptance date for the NOAA Ship FERDINAND HASSLER and RAINIER in accordance with paragraph 3.1.4.4 of the Specification 1 LOT (NOT SEPARATELY PRICED) CLIN 0006 Written, separate, standard commercial manufacturer warranty on all onboard equipment purchased by offeror in accordance with paragraph 3.1.4.5 of the Specification 1 LOT (NOT SEPARATELY PRICED) TOTAL ALL ITEMS: $_______________________ START SPECIFICATION: 1. SCOPE 1.1.These specifications contain the requirements for fabrication of two 25 to 28 foot rigid hull, collared, aluminum utility boats, with fully enclosed cabin, single diesel engine and jet drive, for use in ship-based, near shore hydrographic survey and general utility operations. In addition, these specifications contain the requirements for three-axle trailers to support and transport each boat. 1.2.General 1.2.1Contract Deliverables: Two Utility Boats supported and deployable from ships' existing davit systems without modification to davit or ship. 1.2.2Period of performance: Complete all requirements and deliverables within six months of contract award notification. 1.2.3Submit requests for ship's force assistance with testing and delivery through the COTR a minimum of fourteen days in advance. 1.2.4Perform all work in accordance with the requirements and standards outlined in references and this specification. 1.2.5Offerors are required to perform ship checks to ensure conformance with dimensional envelope in proposals. The ships are available for checks at the following addresses and dates: 1.2.5.1. NOAA Ship FERDINAND HASSLER 439 W York Street Norfolk, VA 23510 25 May 12 - 6 June 12 1.2.5.2. NOAA Ship RAINIER US Coast Guard BSSU Kodiak Cargo Pier 1915 Rezanof Drive East Kodiak, Alaska 99615 26 May 12 - 28 May 12 1.2.6While FERDINAND HASSLER's requirements will set the dimensions for this boat class, offerors are encouraged to make additional verification of dimensions aboard RAINIER. 3.Basic Items 3.1.Item 301: Fleet Hydrographic Utility Boat (UTB) 3.1.1References A.American Boat and Yacht Council (ABYC) Standards and Technical Information Reports for Small Craft, July 2010-2011 edition. B."3 Inch Flush Currie Walker Thru-Hull Assembly", PDF. C.FERDINAND HASSLER New Boat Envelope, PDF and DWG. 3.1.2Government Furnished Material (GFM) A.VHF-FM Radios, GPS Units, and associated antenna. Model information to be provided by the COTR. 3.1.3Requirements 3.1.3.1.General A.Unless specifically exempted by this specification or written instruction from the COTR, manufacture all items in accordance with reference 3.1.1.A. Accomplish all installations and inspections with Certified ABYC Technician(s). B.Design service life of fifteen years, at 500 hours per year, with an anticipated overhaul of the propulsion system and collar system after seven years. The vessel may be stored, uncovered, either in the shipboard davit, in the water, or on a trailer when not in use. C.Provide and install all components and equipment, unless otherwise specified, according to the equipment manufacturer's instructions and requirements. D.Ensure all mechanical components and subcomponents are suitable for a marine environment and protected from the marine environment. E.Use standard commercial off the shelf materials and equipment, all supplied and supported by readily available service representatives on the east coast or west coast of the United States. F.Install a dielectric isolation kit between dissimilar metals. G.Use 316 Corrosion Resistant Stainless (CRES) fasteners and self-locking nuts throughout. H.Design the vessel for operations in both summer and winter months. I.Accomplish all welding with AWS certified welders. Ensure welders are certified for all weld positions that they work on. Provide copies of welding procedures and welder certifications with the proposal packets. 3.1.3.2.Hull A.Length Overall (LOA): 25 to 28 feet. B.Beam (with collar, in operational configuration): Within a range of 8 feet - 10 inches to 10 feet - 1 inch. Maximize internal deck space. C.Length overall and beam dimensions are inclusive of all mounted equipment. D.Lightship Displacement: Not to exceed 6,800 pounds as-delivered. This requirement includes hull, cabin, propulsion system, engine fluids, all specified outfitting including batteries and installed electronics. This requirement excludes fuel, crew, trailer, or government furnished equipment. E.Operational Load Capacity: Crew of three, and 400 pounds of additional equipment. F.Full Load Capacity: Minimum of six crew. G.Stability: Comply with ABYC Standard H-8. H.Hull: Directly traceable to at least three production boats of the same design, or same family of designs, with at least one of these boats having a minimum of one year in successful commercial or government service. I.Fabricate hull and cabin from marine grade aluminum as follows: - Plating: 5086-H116 or 5083 H116 meeting ASTM B928 requirements for intergranular corrosion resistance. - Pipe: 5086 H32 or 5083-H32. - Shapes: 5086-H111 or 5083-H111 or 6061. J.Use at least 1/4-inch thick material for the bottom plating. Strengthen the forefoot for protection when beaching. K.Grind smooth all rough edges, sharp corners, weld spatter, etc. Where temporary attachments are removed, restore the surface by welding, grinding and finishing. L.The use of doubler plates in the construction is not authorized. M.Hybrid foam or foam collar, ultramarine blue in color, with non-marking rub strake and full length safety hand rope. N.Limber holes in longitudinal structures and transverse bulkheads to allow water in the bilge to drain to a single collection point. If the design utilizes multiple watertight subdivisions of the bilge compartment, then limber holes drain to a single collection point for each watertight subdivision. Make all bilge spaces readily accessible for inspection, damage control, and cleaning without the use of tools. O.Handrails in easy reach from any position on the deck. Provide a sketch to the COTR of the proposed hand-rail arrangement for review and acceptance prior to installations. Pull test each handrail to 300 pounds and provide certifications. P.Two 3.5 metric ton capacity quick release lifting hooks on vessel centerline. Link hooks in a twin system with release lever at vessel operator's station. Place hooks directly in line with the existing davit wire rope falls at a separation of 20 feet and 7 inches. Tie hooks into the structure of the vessel to withstand repeated shock-loading. Q.Secondary lifting system consisting of three welded pad-eyes tied into the vessel structure capable of lifting full load displacement weight of vessel. Pull test pad-eyes to 10,000 pounds and provide certifications. R.Six ten-inch, heavy duty cleats welded to the hull. Locate in port and starboard pairs; one pair on the bow, one pair midships, and one pair at the stern. S.Fit all deck hatches with gaskets and latches. T.Engine hatch with both seals and generously sized rigid drains to prevent water entering the engine compartment. Use street elbows and incorporate a clean-out point in drain piping. U.Fendered platform or guard system around the jet drive to protect the jet drive from contact with a vertical structure such as a dock or the hull of a ship. V.Bolt on sacrificial anodes on the hull. 3.1.3.3.Propulsion A.Tier II compliant diesel main engine with attached marine gear and jet drive B.Include a jacket water-heater to facilitate cold weather starting. C. A reverse gear to permit back flushing of the jet drive. D.Hydraulic steering system. E.Internal, aluminum fuel tank with minimum ¼ inch plate thickness, of sufficient capacity to meet endurance requirements, with the following characteristics: - Fully accessible via watertight deck plate (soft patch) to allow removal of the tank without breaking welds or removing vessel structure. - Heavy duty watertight inspection ports to allow ease of access to valves, sending unit, hose connections, etc. - Positioned to achieve balanced trim at all fuel levels. - Properly baffled and secured against sea motions. - Fill and vent located on the main deck. Elevate fill and vents at least 24 inches above the deck. Arrange fuel vents so that a bucket can be placed underneath the vent to contain any spilled fuel. - Inspection plates for each baffle compartment in the tank. - Fuel stripping pipe stem with valve at top of the tank. F.Fit supply and return headers with local manual valves and remote emergency shut off valves. G.Dual marine-grade RACOR fuel filter/water separators installed in a readily accessible and protected location. 3.1.3.4.Performance A.Minimum 25 knot speed for six hours with operational load defined in 3.1.3.2.E. B.Minimum 20 knot speed with full capacity load defined in 3.1.2.2.F. C.Controllability: Safe and controllable at all speeds up to the maximum attainable speed and under all specified loading conditions. Safe and controllable operation constitutes operation where craft orientation, motions, and accelerations do not pose a hazard to the crew or passengers and which are not otherwise controllable by good seamanship and boat handling. D.Directional Stability: Good low speed directional stability and a comfortable ride at speed. At speeds above four knots, maintain a straight course (less than five degrees of drift in ten seconds) in calm conditions without corrective steering. In turns at all speeds and loading conditions maintain a steady turn rate without skidding or any other effects of dynamic instability. Inboard heel maintained throughout turns at speeds above 15 knots. When coming out of a turn, the vessel shall respond to the steering command without the need for excessive force. E.Avoidance Test: Meet the requirements of the ABYC avoidance line test (H-26.8.3.2) and the 33 CFR 183.52 "Test Course" test at full speed. 3.1.3.5.Finishes and Coatings A.Non-skid coating system or treatment on all decks. Divide non-skid into logical sections to allow repair and replacement of individual sections. Provide one-inch setback from all edges and fittings. B.Permanently weld four-digit hull number, consisting of three inch block lettering, painted black, to the hull on both sides of the bow and centered on the transom. Hull number will be provided by COTR. 3.1.3.6.Cabin A.Fully enclosed. B.Vessel operator station on the starboard side of the vessel with heavy-duty, marine-grade, suspension style seat. Arrange steering wheel, propulsion controls, gauges, and instruments to be easily operated from the operator's normal position. C.Mission equipment operator station with heavy-duty, marine-grade, suspension style seat. Locate mission equipment operator station in a position such that two 20-inch computer screens may be monitored and controlled with one keyboard and mouse. Configure the mission equipment operator station to minimally reduce the vessel operator's field of view but allow immediate communication between the vessel operator and mission equipment operator. D.Onboard A-weighted noise level in the cabin at all speeds in calm water conditions cannot exceed 85 decibels (dBA). Measure and document all sound and noise levels at the crew's normal operational positions. E.Marine quality laminated safety glass for all windows, hatches, and doors. Use heated glass or other suitable defrosting arrangement on the forward windscreen. F.Heating and cooling system capable of maintaining a 70° F cabin temperature in external temperatures ranging from 25° F to 100° F. G.Electric heater for use when the main engine is shut down and the vessel is connected to shore power. H.Standard 19-inch electronic equipment racks with space for at least 36-inch (vertical) of equipment to be installed by the government after delivery. Secure the computer rack to structure to prevent shifting in heavy seas. Incorporate vibration and shock mitigating coil attachments. The estimated weight of equipment in this rack is 180 pounds. Supply clean AC power to this rack as described in Section 3.1.3.9. Make both front and rear of rack readily accessible for maintenance, repair and alterations. I.Provide a sketch of the proposed cabin arrangement and rack installation with the proposal. J.Removable flag post and mounting bracket on the aft edge of the cabin for a 16x24-inch ensign. Attach flag to post with two eyes and grommet clips. 3.1.3.7.Safety Equipment A.Type B-1 hand-held ABC Dry Chemical Extinguisher located in the cabin. B.Fixed clean-agent fire suppression system in the engine compartment with both manual and automatic heat activation systems. Configure fire system configured to shut down the main engine when activated. C.25 pound Danforth anchor with 10 feet of stainless steel chain and 100 feet of 5/8 inch three strand nylon rode with appropriate and accessible stowage. D.Two ring buoys in easily accessed locations equipped with floating line bags. E.One 2000 Gallon-per-hour (GPH) bilge pump installed in the main engine compartment with a manual/off/automatic switch on the operators console. Discharge the pump through an environmental filter to block contaminants from entering the sea. 3.1.3.8.Navigation and Instruments A.Magnetic Compass, four-inches in diameter mounted atop the vessel operator's console. B.Navigation instruments mounted at operator's station consisting of: - Ten-inch chart plotter with GPS and AIS interface. - One depth echosounder with transom-mounted transducer. - GFR DSC marine VHF radios with GPS input and programmed with NOAA working frequencies (see notes). - Class "B" AIS. - COLREGS-compliant marine-grade horn on the cabin overhead in such a manner as to prevent water intrusion. Operated by a momentary push-button switch located on the operator's console. - LED Navigation lights in accordance with applicable COLREGS controlled from the operator's console. - Red/white LED interior lights in the crew cabin. Red/white light selector switches installed on each light unit. - White LED engine compartment lighting controlled from the main DC breaker through a watertight toggle switch. C.Locate the vessel control system on the console at the operator's station consisting of: - Separate throttle and bucket control levers. - Engine RPM gauge with embedded hour meter. - Tank level indicator for fuel tank. - Battery voltage gauge. - Engine coolant temperature gauge. - Oil pressure gauge. - Electronic control interface for the main engine including visible and audible alarm indicators for low battery voltage, low oil pressure, high coolant temperature and engine trouble shooting codes. 3.1.3.9.Electrical A.AC and DC electrical system rated for sufficient electrical power for equipment under all operating conditions. B.12-Volt direct current system. C.Two or more independent battery banks to provide starting and house DC power. D.A 120-Volt alternating current, 1000-watt system meeting the following requirements: - Capable of providing full 800 watt service for 45 minutes at idle RPM and indefinitely at speeds above five knots. - True sine waveform with AC voltage variation of two percent or less and harmonic distortion of five percent or less. - House system does not draw from starting batteries. E.Two marine grade power strips located at the equipment rack and mission equipment operator's station. F.Independent and physically separate marine circuit breaker panels for AC and DC circuit with 50 percent additional spare breakers in each panel (i.e. if there are ten operational circuits provide five spare circuit breakers). G.One 30-amp shore power input receptacle on the aft bulkhead of the cabin. - Shore power provided from the ship to the boat is of a floating ground system. When the launch is connected to ship power, the neutral wire can not be bonded to the hull. - Configure shore power circuit to charge all battery banks and power all 120 volt outlets when connected. H.Galvanic isolators to block stray DC current. I.Isolation transformer to block stray AC current. J.Marine battery banks of maintenance free, wet-cell batteries with accessible shutoff switch. Emergency interconnection switch for the house and engine banks. K.Clearly and permanently label all wiring with metal tags at each connection and bulkhead penetration. L.Marine-grade, self-parking windshield wipers on the forward windows controlled with switches from the operator's station. 3.1.3.10.Hydrographic Survey Systems A.Confirm final positioning and dimensions of items in this section with the COTR prior to installation. B.Fit four insert plates in the hull bottom, two each, to the port side and starboard side for attachment of external equipment mounts. Construct these insert plates from appropriately sized plate and tie into the vessels structure. Plate dimensions are approximately four inches by eight inches spaced longitudinally at 36 inches on center of bolt pattern. Fit plates with four threaded blind holes to accept 1/2-inch attachment bolts for external equipment mount. Space threaded holes 7 ½ inches athwartships and 3 ¼ inches longitudinally. Fit threaded holes with stainless steel Heli-coil insert. C.Fit two through-hull cable fittings each to the port side and starboard side to accommodate cables to the sensors attached to the mounts in item B above. D.Provide recessed housing for sonar systems (provided and installed by the government after delivery). Locate this housing on the starboard side deadrise as close to the keel and midships as possible. Inside dimensions of this recess are 8 ½ inches deep, 18 ½ inches long, and 12 inches wide. Fit the inside plate of this housing with six threaded blind holes to accept ½ inch attachment bolts for mounting equipment. Fit threaded holes with stainless steel Heli-coil insert. Fit two through hull cable fittings on the rear face of this housing. Provide a plug that fairs over this recess when equipment is not mounted. E.Build all below water cable through hulls for survey equipment to conform to reference "B". F.Multi-cable, re-sealable, watertight penetration in cabin overhead to allow for installation of mission equipment. Capable of accommodating four 3/8-inch coaxial cables with standard BNC terminations. Cable way installed between penetration and onboard equipment rack. G.Equipment mounts for a positioning and attitude system consisting on an Inertial Motion Unit (IMU), a rack-mounted processor and two GPS antennae. Mount (IMU) interior to the vessel, on the centerline, close to the center point of the vessel. This unit is a box approximately 8x8x7 inches. Provide rigid mounting brackets for GPS antennae on cabin top at a minimum separation distance of 1.5 meters, optimum separation distance of 2.0 meters. H.Mounting brackets for two 20 inch flat screen computer monitors, with locking computer keyboard and mouse tray, installed at the mission operator's station. I.A removable, rotating j-arm or similar apparatus for lowering instruments over the side with the following characteristics: - Safe working load of 100 lbs. - Equipped with a snatch block. - Extend at least 1 foot beyond the hull when deployed. - Capable of being locked into a stowed and deployed position. - Install j-arm on the starboard side. The arm may be incorporated into the structure of the cabin. 3.1.3.11.Inspections, Testing, Certification and Delivery A.Test lifting systems to 150% vessel capacity. Provide certificate of weight test and condition report documenting results with delivery of the boat. B.Pressure test all tanks and air-tight spaces to at least two psig for one hour with no leaks. C.Dye-penetrant test all external welds to ensure watertight integrity. Condition report documenting results. D.Test all hatches, doors, windows, penetrations, and weather tight or watertight installations for leakage or seepage with a 60 psi water stream and a 30-gallon bucket dump. Provide condition report documenting results. E.Calculate maximum capacity utilizing ABYC H-5 procedures. Provide written documentation of the measurements and calculations used. Mount capacity plate prominently near operator's console. F.Conduct USCG Simplified Stability Test in accordance with requirements established in 46 CFR, Subchapter "T," 178.330, in the presence of a Government Representative designated by COTR. Arrange test date no less than 15 days in advance. Provide report of Simplified Stability Test. G.Provide certification of all tests. H.Deliver completed utility boats to: NOAA Ship FERDINAND HASSLER 439 West York Street Norfolk, VA 23510 NOAA Ship RAINIER 2002 SE Marine Science Drive Newport, OR 97365 I.As part of acceptance conduct vessel commissioning training with ship's crew: one eight hour training course, to include a maximum of four hours of dock side familiarization training, in addition to four hours of underway familiarization training to include placement of vessel into ships' davits. Training and placement is expected to take place at the delivery addresses noted above but locations are subject to change. J.Prior to conducting acceptance trials, break in the engine in accordance with the manufacturer's instructions. 3.1.3.12.Manuals and Documentation A.Provide four paper copies, plus one electronic copy, in ".pdf" format on CD-ROM, of the vessel operations manual, providing detailed information on all vessel characteristics and systems, including OEM component manuals. Include engine and propulsion system maintenance and troubleshooting manuals. Include complete electrical, mechanical, and structural drawings in both paper and electronic ".dwg" and ".pdf" format. Deliver with vessel. 3.1.4Quality Assurance 3.1.4.1.Conduct both a Builder's Sea Trial, and a Government Acceptance Sea Trial. Provide a condition report documenting the Builder's Trial. Schedule and conduct the Government Acceptance Trial with the COTR on or about the delivery date. 3.1.4.2.Demonstrate that the proposed vessel fits entirely within the maximum dimension envelope provided in Reference 3.1.1.C. A.Vertical height of the vessel structure, masts, and antennae between the indicated clearances from the davit arms is not restricted. B.Lifting hooks positioned to engage davit falls as shown in davit drawings. C.When in the davit, the full weight of the vessel may rest on two keel blocks in positions shown in reference 3.1.1.C. The keel blocks may be modified to suit the vessel. If modification is required, provide modified keel blocks prior to final delivery of the vessel. D.Boat is secured to the davit with two heavy duty synthetic straps passed around the vessel in the positions indicated in reference 3.1.1.C. Ensure straps will not land on vessel equipment that might be damaged or cause damage to the straps. E.Ensure the final delivered vessel will fit into the existing davit without additional modification. 3.1.4.3.Upon delivery, vessel tanks, storage spaces, bilges, crew cabin, along with other spaces thoroughly cleaned and clear of all dunnage, dirt, metal particles, loose screws, nuts, washers, etc, with special attention to interior tank surfaces, piping, and machinery. Painted surfaces touched up if scratched or otherwise damaged during sea trials. 3.1.4.4.Provide written standard commercial warranty, furnished by offeror, effective on acceptance date, on vessel. 3.1.4.5.Provide written standard commercial manufacturer warranty on all onboard equipment purchased by offeror. 3.1.5Notes 3.1.5.1.The government makes no guarantee as to the accuracy of drawings and measurements. Offeror is highly encouraged to schedule a ship check with the COTR and obtain their own measurements on site. 3.2.Utility Boat Trailers 3.2.1References 3.2.1.1.None. 3.2.2Government Furnished Material (GFM) 3.2.2.1.None. 3.2.3Requirements 3.2.3.1.Triple axle trailer constructed of 5086 Aluminum or Galvanized Steel. 3.2.3.2.Rated capacity and length to support gross weight of vessel as defines by Item 301 with all equipment, full fuel and all fluids plus 15% margin. 3.2.3.3.Suitable for cross-country distances at highway speeds. 3.2.3.4.Two adjustable bunks with protective all weather carpeting. When properly adjusted the bunks support the weight on the inboard diesel drive. 3.2.3.5.Two adjustable "bow-guide" boards, with protective all-weather carpeting. 3.2.3.6."Deep-vee" cross-members. 3.2.3.7.Manual tongue jack capable of swinging to horizontal position for highway stowage. 3.2.3.8.Manual winch with 40-feet of nylon winch strap with stainless steel hook and latch. 3.2.3.9.Load range type "D" wheels and radial tires on galvanized rims. 3.2.3.10 Spare wheel and tire of type in item 3.3.3.9. mounted on the tongue. 3.2.3.11 Standard 2 5/16-inch ball connection. 3.2.3.12 Permanently attached, tongue mounted, boarding ladder and platform to allow access to the boat. Mount and construction not to interfere with trailering. 3.2.3.13 Suitable for salt-water launching and recovery. 3.2.3.14 Posi-lube wheel bearing grease system. 3.2.3.15 Hydraulic surge brakes on all axles stainless steel brake tubing. 3.2.3.16 US DOT-Compliant LED Traffic light system with standard 12-volt DC four-pin connector. 3.2.3.17 Comply with all applicable DOT regulations for domestic road transportation. 3.2.3.18 Provide all manufacturer documentation and equipment on delivery. 3.2.4Quality Assurance 3.2.4.1.Test fit boat in trailer. Ensure bunks and lengths are appropriately adjusted. 3.2.4.2.Test launch and recovery using a crane and a boat ramp. 3.2.4.3.Brakes and lights operational upon delivery. 3.2.5Delivery 3.2.5.1.Deliver one completed trailer each to: NOAA Ship FERDINAND HASSLER 439 West York Street Norfolk, VA 23510 NOAA Ship RAINIER 2002 SE Marine Science Drive Newport, OR 97365 3.2.6Notes 3.2.6.1.None. END OF ITEM Federal Acquisition Regulation (FAR) and Commerce Acquisition Regulation (CAR) provisions and clauses that are included in this synopsis/solicitation are denoted by the applicable acronyms. FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FEB 2012) applies to this acquisition with the following addenda: (a) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) On board NOAA SHIP FERDINAND HASSLER 439 West York St. Norfolk, VA 23510 On board NOAA SHIP RAINIER 2002 SE Marine Science Drive Newport, OR 97365 (g) NOAA/ERAD INVOICES (APR 2011) (a) Payment will be based on receipt of a proper invoice and satisfactory contract performance and guidelines in FAR 32.9, Prompt Payment. (1) Original invoices shall be mailed (via U.S. Postal Service) to the designated billing office as follows: NOAA/OMAO Mid-Atlantic Operations Center (MAOC) Attn: Neil Lamartin 439 West York St. Norfolk, VA 23510-1114 neil.s.lamartin@noaa.gov Phone: 757-441-6369 (2) A copy of all invoices shall be mailed to the contract administration office as follows: NOAA Eastern Region Acquisition Division Attn: Timothy Corrigan 200 Granby St. Norfolk, VA 23510 Tim.Corrigan@noaa.gov Phone: 757-441-6897 (3) The designated payment office for this contract is: DOC/NOAA Financial Office 20020 Century Boulevard Germantown, MD 20874 (b)The Government will return invoices that do not comply with these requirements (End of clause) (q) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (r) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (u) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) (v) CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010) (a) Mr. Neil Lamartin is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: NOAA/OMAO Mid-Atlantic Operations Center (MAOC) Attn: Neil Lamartin 439 West York St. Norfolk, VA 23510-1114 E-mail: neil.s.lamartin@noaa.gov Phone: 757-441-6369 (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (End of clause) (x) PERIOD OF PERFORMANCE: The date for delivery of all supplies by the contractor shall be six (6) months from date of award. (End of clause) (y) NOAA/AGO SCHEDULE OF DELIVERABLES: Following is a list of all deliverables required by the end of the period of performance of this contract: No.Item Description Qty.Due DateDeliver ToReference 1Test Certification for FERDINAND HASSLER and RAINIER Utility Boat and TrailerCertification of all tests that shall be conducted according to the Specification.1 EAOn DeliveryCOTR/CO Specification Paragraph 3.1.3.11 2Manuals and Documentation for FERDINAND HASSLER and RAINIER Utility Boat and Trailer Manuals and Documentation according to the Specification. 1 EAOn DeliveryCOTR/CO Specification Paragraph 3.1.3.12 3Warranties for FERDINAND HASSLER and RAINIER Utility Boat and Trailer. Written standard commercial warranty, furnished by offeror, effective on acceptance date, on vessel. Written standard commercial warranty on all onboard equipment purchased by the offeror. 1 EAUpon acceptance of utility boat and trailer COTR/COSpecification Paragraph 3.1.4.4 and 3.1.4.5 4Welding Procedures and CertificationsProvide copies of welding procedures and AWS welder certifications prior to commencement of welding. As NeededPrior to WeldingCOTR/COSpecification Paragraph 3.1.3.1, I (z) Reserved ***End addendum to FAR CLAUSE, 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2012)*** FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2012) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: xx (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) xx (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). xx (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313). __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (11) [Reserved] xx (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. xx (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). xx (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). xx (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). xx (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). xx (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). xx (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). xx (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). xx (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). xx (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). xx (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). xx (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (34) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. xx (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). xx (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Mar 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, and Pub. L. 112-41). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Mar 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (MAR 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). xx (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). xx (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [Fill-in information: Marine Machinery Mechanic $24.68 per hour} __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) ***End of FAR CLAUSE 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2012) *** FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012) applies to this acquisition with the following addenda: Any questions regarding this Request for Proposals (RFP) must be sent electronically to Timothy Corrigan at Tim.Corrigan@noaa.gov no later than 4:00 P.M. EST on June 5, 2012. (a) The NAICS and small business size standard for this acquisition are stated in the second paragraph of this combined synopsis/solicitation as the SF1449 is not a part of this RFP. (b) Offerors interested in submitting a proposal in response to this Request for Proposals (RFP) must provide their proposal and including the following information, before 4:00 P.M. EST, June 14, 2012. (b)(4) The offeror shall submit a written offer in two (2) separate volumes: Technical Proposal (Volume I) and Price (Volume II) to the Contract Specialist, Mr. Timothy Corrigan at: NOAA Eastern Region Acquisition Division 200 Granby St. Suite 815 Attn: Timothy Corrigan Norfolk, VA 23510 The date for receipt of proposals is 4:00 P.M. EST, June 14, 2012. Offers received after this date and time will be rejected and not considered for award. Volume I - Technical Proposal Technical Proposal -Volume I shall be subdivided into the following factors: •Experience •Past Performance •Technical Drawings The Technical Proposal shall be subdivided by the factors listed above and shall collectively be no more than 20 pages. Pages submitted above this page count will not be read or considered part of the evaluation. Each page in this volume shall be separately numbered. Volume II - Price Proposal Price Proposal - The Price Proposal shall be provided separately from the Technical Proposal. VOLUME I - TECHNICAL PROPOSAL Experience: The offeror shall provide the history of the proposed utility boat that it is directly traceable to at least three production boats of the same design, or same family of designs, that has been built for at least for three (3) years and that it has been successful in commercial or government service. Past Performance: Offerors shall provide three references with which they have manufactured and delivered the utility boat and utility boat trailer boat offered (or same family of designs) not less than three years ago. Offerors that are not able to provide such references shall provide three relevant references of prior performance on other contracts and articulate the relevancy of the referenced performance to the type of work required in the solicitation (similar size, content, and complexity) or affirmatively state that it possesses no relevant past performance. For each reference, provide the following information: (1) a brief but detailed description of the utility boat, utility boat trailer and services provided; (2) contract number; (3) name and address of the Government agency or commercial entity; (4) point of contact with current phone number and Email address; (5) date of contract award; (6) period services were provided or delivery was made; (7) initial and current contract value. Offerors are encouraged to provide information on problems or challenges encountered or how they were overcome or resolved as well as accomplishments. The Government reserves the right to obtain information from other sources in addition to those included with the proposal. Technical Drawings: The offeror shall provide a drawing that demonstrates how the proposed utility boat would fit into the space available in the FERDINAND HASSLER envelope drawing (provided as an attachment). Also, the offeror shall provide a sketch of the proposed cabin arrangement and rack installation. (b)(6) Volume II - Offerors shall submit FIRM FIXED-PRICE proposals, FOB DESTINATION, in response to this solicitation in U.S. DOLLARS. (c) The offeror agrees to hold the prices in its proposal firm for sixty (60) days from the date specified for receipt of proposals. (j) ALL OFFERORS shall provide their Data Universal Numbering System (DUNS) number, as issued by Dunn AND Bradstreet, along with their proposals. For information regarding how to obtain a DUNS Number, refer to the full text version of paragraph (j) of FAR Provision 52.212-1. (k) ALL OFFERORS must be actively registered in the Central Contractor Registration (CCR) database to be considered for award of a Federal contract. For information regarding registration in the CCR database, refer to the full text version of paragraph (k) of FAR Provision 52.212-1. (m) CAR 1352.233-70 AGENCY PROTESTS (APR 2010) (a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: U. S. Department of Commerce, Eastern Region Acquisition Division, Attn: Melissa Sampson, Contracting Officer, 200 Granby Street, Room 815, Norfolk, Virginia 23510. (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S Department of Commerce, Senior Procurement Executive, 1401 Constitution Avenue NW Suite 6422, Washington DC 20230 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW, Washington, DC 20230. FAX: (202) 482-5858. (End of provision) (n) CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) ***End of Addendum to FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)*** FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (JAN 1999) with the following addenda: (a) The following shall be used to evaluate offers: The Technical Proposal (Volume I) which consists of Experience, Past Performance, and Technical Drawings. Within the Technical Proposal, Experience and Past Performance are equal as to importance, but when combined are more important than Technical Drawings. The Technical Proposal is significantly more important than price. The degree of importance of the offered price will increase with the degree of equality of the offers in relation to the other factors on which selection will be based. Offerors with no record of past performance will be assigned a neutral rating for this factor. (b) Deleted. (c) Deleted. (End of Provision) ***End of FAR PROVISION FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999) *** FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA 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 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 Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (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 ORCA.] (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 o is, o 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 o is, o 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 o is, o 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 o is, o 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 o is, o 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 o is,o 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 o is, o 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 o is, o 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 o is, o 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 o 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 o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (11) 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 o is, o 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 o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It o has developed and has on file, o 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 o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-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 Act-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 Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-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, 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 Act-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, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, 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 Act-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 Act-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 Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-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 Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No.Country of Origin _______________________________ _______________________________ _______________________________ [List as necessary] (4) Buy American Act-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, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, 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 Act. 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) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o 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) o Are, o 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) o Have, o have not, 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. (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 ProductListed Countries of Origin ______________________________________ ______________________________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) o 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) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (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 o does o 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 o does o 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 Act 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 a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o 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 inthe United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o 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) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Sanctioned activities 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 Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; and (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. (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. (End of provision) ***End of FAR PROVISION 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012) *** ADDENDUM TO FAR PROVISION 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012) (DEVIATION) REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2012) (1)In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) 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, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2)The Offeror represents that, as of the date of this offer - (a)It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b)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 agreements with the authority responsible for collecting the tax liability. (End of provision) ***End of ADDENDUM TO FAR PROVISION 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012)***
 

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