FBODaily.com | FedBizOpps: PRESOL | 20 | Brand Name Only (Exact Match) Oliveira SA Super Yellowfin Trawl Wire Rope

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 26, 2016 FBO #5237
SOLICITATION NOTICE

20 -- Brand Name Only (Exact Match) Oliveira SA Super Yellowfin Trawl Wire Rope

Notice Date: 3/24/2016
Notice Type: Combined Synopsis/Solicitation
NAICS: 314994 — Rope, Cordage, Twine, Tire Cord, and Tire Fabric Mills
Contracting Office: Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Western Acquisition Division - Seattle, 7600 Sand Point Way, Northeast, Seattle, Washington, 98115-6349, United States
ZIP Code: 98115-6349
Solicitation Number: WAD-NFFP7410-16-01417
Archive Date: 4/15/2016
Point of Contact: Maria L Mendoza, Phone: (206)526-6671
E-Mail Address: Maria.L.Mendoza@noaa.gov
(Maria.L.Mendoza@noaa.gov)
Small Business Set-Aside: Total Small Business
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only Request for Quote (RFQ). Written quotes are being requested. A hardcopy written RFQ will not be issued. NOAA Northwest Fisheries Science Center (NWFSC), Fisheries Resource Analysis and Monitoring (FRAM) Division has a requirement for Brand Name Only (Exact Match), to the following: four (4) spools of 7,500 feet Oliveira Brand SA Super Yellowfin Trawl wire rope. All quotes must include shipping cost to destination NOAA/NWFSC/FRAM, Newport, OR 97365 by June 30, 2016. The requirement is to provide four (4) spools of 7,500 feet each (30,000 feet total). The trawl wire-rope is used in trawl applications ; specifically, in this application it will be used for deploying a trawl net sampling system which is used to enumerate demersal and benthic animals during the West Coast Groundfish Bottom Trawl Survey. Each spool is to be of one piece; no splices or additions accepted. The specifications are as follows: 1. Two spools containing 1250 fathoms (7500 feet or 2286 meters) of compacted (Dyfrom) steel (galvanized) core 5/8" (16mm) IRWC wire rope. 2. Each spool shall be of 1250 fathoms of contiguous wire, no splices or additions. 3. Each strand shall be drawn galvanized. 4. Steel will be of XIP® (Extra Improved Plow Steel Grade) or equivalent. 5. Each spool shall be pre-formed (compacted) or double swaged. 6. Wire rope must be of 6X19 IWRC standard right regular lay. 7. Wire rope shall be of made of Seale the construction method. 8. Wire rope will have a breaking force equal to or greater than 1570N/mm, of kN=168 or Kgf =17,100 or 41,000 pounds. 9. Each spool will be treated with a combination of both penetrating and coated lubricants to reduce friction as the individual wires move over each other and to provide corrosion protection and lubrication in the core and inside wires and on the exterior surfaces. Since 1997 FRAM has conducted bottom trawl surveys off the coast of the Continental United States from the Canadian Boarder to the Mexican Boarder in depths ranging from 30 to 700 fathoms (180 to 4200 feet). These annual surveys provide stock assessment managers with critical data required for the management of biologically and economically important fish stocks located in these waters. FRAM contracts four to five commercial fishing vessels per year to perform these stock assessment surveys. FRAM supplies its charter fishing vessels with trawl warp cable to deploy its bottom trawl sampling net. The samples that are recovered are imperative to the calculation of catch per unit effort (CPUE) which in turn, is used directly West Coast Fisheries Management. FRAM's current trawl warps have been used for three seasons and are no longer suitable for use. There are many safety reasons to replace the current wire rope; once deployed, the bottom trawl puts tremendous strain on the trawl warp that is used. Three years of salt water corrosion, seafloor substrate abrasion, and radial pressures around the winch drum and trawl block have further extracted useful life the wire rope. During sampling operations FRAM has a significant investment of equipment in the water including; acoustic net mensuration equipment, sensor recorders, and the net itself, which is being towed over variable and harsh bottom, so there is substantial fiscal pressure to replace the wire rope (cable); if the wire breaks, FRAM loses everything. The wire ropes will be used as the "main wires" or "trawl warps" on trawlers ranging from 65 to 95 feet with horsepower ranging from 450 to 1000. The acquisition of this trawl wire is critical for the successful completion of the 2016 -2017 West Coast Groundfish trawl surveys. The Northwest Fisheries Science Center has conducted market research, conducted testing and determined that only Oliveira SA manufactures trawl wire rope specifically for use with commercial fishing vessels and meets the N WFSC FRAM Trawl Survey requirements. In 2010 FRAM had Domestic DSR tested by an independent testing facility in which the wire rope was tested for; tensile strength, stress at extension under load, elongation and ductility. The DSR wire did not meet the specifications outlined in the SOW. FRAM has tried several different manufactures of wire rope, 6 spools of Young Heung wire rope purchased through two vendors Consolidated Defensive Supply in 2008 and an unknown vendor in 2006. Each spool pair was only deployed for two field seasons. Four (4) spools of DSR Domestic wire rope purchased through Nor'Eastem Trawl Systems could only be deployed for 2 field seasons. FRAM typically is able to deploy the Oliveira SA trawl wire rope for 4 survey field seasons. Survey vessels using Lebus Screw winch drums will only deploy wire-rope that meets diameter specifications; currently we have only used Oliveira SA, the only manufacturer to meet those specifications. In addition, the Oliveira SA Super Yellowifn is a proven product which is used worldwide in the fishing industry. It is imperative that the NWFSC use only the Oliveira SA Super Yellowfin because it is specifically fabricated for use in the commercial fishing industry. We found no other manufacturers that meet that requirement. This requirement is a 100% set-aside to small business concerns under the North American Industry Classification Code (NAICS) 314994 with a size standard of 1000 employees. The government intends to issue a firm fixed price purchase order. The required delivery date is no later than June 30, 2016. All interested parties that can provide the exact match Brand Name item described herein must respond to this announcement within six (6) calendar days of its publication. All responses must be in writing and may be faxed to (206) 527-7513 attention to Maria Mendoza or email at maria.l.mendoza@noaa.gov. This is a simplified acquisition. This notice is hereby issued as RFQ No.RA133F16RQ1417. The following provisions and clauses shall apply to this RFQ and resultant award. CONTRACT CLAUSES 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ Department of Commerce Clauses http://www.ecfr.gov/cgi-bin/text-idx?SID=c36a20ca785ffb6e3f97eb41748ef942&node=48:5.0.6.50.44&rgn=div5 (End of clause) Clauses Incorporated by Reference 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989) FAR 52.212-2, Evaluation - Commercial Items (JAN 1999) The Government will award a contract resulting from this solicitation to the responsible vendor whose quote is best value to the government price and other factors considered. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (March 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014) (22 U.S.C. 7104(g)) (section 738 Division C of Pub L. 112-74, section 743 of Division D of Pub L 111-8, and section 745 of Division D of Pub L. 110-161). (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: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). __ (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.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) Reserved __ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (12) 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). __ (13) [Reserved] _X_ (14)(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). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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. _ _ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). __ (30) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___(33)(i) 52.222-50, Combating Trafficking in Person (MAR 2015) (22 U.S.C. chapter 78 and E.O, 13627 ____(ii) Altermate I (MAR 2015) of 52.222.50 (22 U.S.C. Chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (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)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-13. __ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _x_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (44) 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). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: _ _ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67 In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits _____________ ____________________________ _____________ ____________________________ _____________ ____________________________ _____________ ____________________________ (End of clause) __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). __ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).. (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) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (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 Labor Standards (May 2014) (41 U.S.C. chapter 67). (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 Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 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. (xvii) 52.222-55 Minimum Wages Under Executive Order 13685 (DEC 2014) (Executive Order 13685). (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) Department of Commerce Clauses Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding 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, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (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, where the awarding agency is aware of the unpaid 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 agreement with the authority responsible for collecting the tax liability. (End of provision) &emsp; 1352.201-70, Contracting Officer's Authority (APR 2010) (Reference) 1352.209-73 Compliance With the Laws (APR 2010) (Reference) 1352.209-74 Organizational Conflict of Interest (APR 2010) (Reference) 1352.237-71 Security processing requirements - low risk contracts (APR 2010) (Reference) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only Request for Quote (RFQ). Written quotes are being requested. A hardcopy written RFQ will not be issued. NOAA Northwest Fisheries Science Center (NWFSC), Fisheries Resource Analysis and Monitoring (FRAM) Division has a requirement for Brand Name Only (Exact Match), to the following: four (4) spools of 7,500 feet Oliveira Brand SA Super Yellowfin Trawl wire rope. All quotes must include shipping cost to destination NOAA/NWFSC/FRAM, Newport, OR 97365 by June 30, 2016. The requirement is to provide four (4) spools of 7,500 feet each (30,000 feet total). The trawl wire-rope is used in trawl applications ; specifically, in this application it will be used for deploying a trawl net sampling system which is used to enumerate demersal and benthic animals during the West Coast Groundfish Bottom Trawl Survey. Each spool is to be of one piece; no splices or additions accepted. The specifications are as follows: 1. Two spools containing 1250 fathoms (7500 feet or 2286 meters) of compacted (Dyfrom) steel (galvanized) core 5/8" (16mm) IRWC wire rope. 2. Each spool shall be of 1250 fathoms of contiguous wire, no splices or additions. 3. Each strand shall be drawn galvanized. 4. Steel will be of XIP® (Extra Improved Plow Steel Grade) or equivalent. 5. Each spool shall be pre-formed (compacted) or double swaged. 6. Wire rope must be of 6X19 IWRC standard right regular lay. 7. Wire rope shall be of made of Seale the construction method. 8. Wire rope will have a breaking force equal to or greater than 1570N/mm, of kN=168 or Kgf =17,100 or 41,000 pounds. 9. Each spool will be treated with a combination of both penetrating and coated lubricants to reduce friction as the individual wires move over each other and to provide corrosion protection and lubrication in the core and inside wires and on the exterior surfaces. Since 1997 FRAM has conducted bottom trawl surveys off the coast of the Continental United States from the Canadian Boarder to the Mexican Boarder in depths ranging from 30 to 700 fathoms (180 to 4200 feet). These annual surveys provide stock assessment managers with critical data required for the management of biologically and economically important fish stocks located in these waters. FRAM contracts four to five commercial fishing vessels per year to perform these stock assessment surveys. FRAM supplies its charter fishing vessels with trawl warp cable to deploy its bottom trawl sampling net. The samples that are recovered are imperative to the calculation of catch per unit effort (CPUE) which in turn, is used directly West Coast Fisheries Management. FRAM's current trawl warps have been used for three seasons and are no longer suitable for use. There are many safety reasons to replace the current wire rope; once deployed, the bottom trawl puts tremendous strain on the trawl warp that is used. Three years of salt water corrosion, seafloor substrate abrasion, and radial pressures around the winch drum and trawl block have further extracted useful life the wire rope. During sampling operations FRAM has a significant investment of equipment in the water including; acoustic net mensuration equipment, sensor recorders, and the net itself, which is being towed over variable and harsh bottom, so there is substantial fiscal pressure to replace the wire rope (cable); if the wire breaks, FRAM loses everything. The wire ropes will be used as the "main wires" or "trawl warps" on trawlers ranging from 65 to 95 feet with horsepower ranging from 450 to 1000. The acquisition of this trawl wire is critical for the successful completion of the 2016 -2017 West Coast Groundfish trawl surveys. The Northwest Fisheries Science Center has conducted market research, conducted testing and determined that only Oliveira SA manufactures trawl wire rope specifically for use with commercial fishing vessels and meets the N WFSC FRAM Trawl Survey requirements. In 2010 FRAM had Domestic DSR tested by an independent testing facility in which the wire rope was tested for; tensile strength, stress at extension under load, elongation and ductility. The DSR wire did not meet the specifications outlined in the SOW. FRAM has tried several different manufactures of wire rope, 6 spools of Young Heung wire rope purchased through two vendors Consolidated Defensive Supply in 2008 and an unknown vendor in 2006. Each spool pair was only deployed for two field seasons. Four (4) spools of DSR Domestic wire rope purchased through Nor'Eastem Trawl Systems could only be deployed for 2 field seasons. FRAM typically is able to deploy the Oliveira SA trawl wire rope for 4 survey field seasons. Survey vessels using Lebus Screw winch drums will only deploy wire-rope that meets diameter specifications; currently we have only used Oliveira SA, the only manufacturer to meet those specifications. In addition, the Oliveira SA Super Yellowifn is a proven product which is used worldwide in the fishing industry. It is imperative that the NWFSC use only the Oliveira SA SuperYellowfin because it is specifically fabricated for use in the commercial fishing industry. We found no other manufacturers that meet that requirement. This requirement is a 100% set-aside to small business concerns under the North American Industry Classification Code (NAICS) 314994 with a size standard of 1000 employees. The government intends to issue a firm fixed price purchase order. The required delivery date is no later than June 30, 2016. All interested parties that can provide the exact match Brand Name item described herein must respond to this announcement within six (6) calendar days of its publication. All responses must be in writing and may be faxed to (206) 527-7513 attention to Maria Mendoza or email at maria.l.mendoza@noaa.gov. This is a simplified acquisition. This notice is hereby issued as RFQ No.RA133F16RQ1417. The following provisions and clauses shall apply to this RFQ and resultant award. CONTRACT CLAUSES 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ Department of Commerce Clauses http://www.ecfr.gov/cgi-bin/text-idx?SID=c36a20ca785ffb6e3f97eb41748ef942&node=48:5.0.6.50.44&rgn=div5 (End of clause) Clauses Incorporated by Reference 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989) FAR 52.212-2, Evaluation - Commercial Items (JAN 1999) The Government will award a contract resulting from this solicitation to the responsible vendor whose quote is best value to the government price and other factors considered. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (March 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014) (22 U.S.C. 7104(g)) (section 738 Division C of Pub L. 112-74, section 743 of Division D of Pub L 111-8, and section 745 of Division D of Pub L. 110-161). (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: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). __ (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.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) Reserved __ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (12) 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). __ (13) [Reserved] _X_ (14)(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). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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. _ _ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). __ (30) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___(33)(i) 52.222-50, Combating Trafficking in Person (MAR 2015) (22 U.S.C. chapter 78 and E.O, 13627 ____(ii) Altermate I (MAR 2015) of 52.222.50 (22 U.S.C. Chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (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)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-13. __ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _x_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (44) 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). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: _ _ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67 In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits _____________ ____________________________ _____________ ____________________________ _____________ ____________________________ _____________ ____________________________ (End of clause) __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). __ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).. (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) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (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 Labor Standards (May 2014) (41 U.S.C. chapter 67). (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 Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 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. (xvii) 52.222-55 Minimum Wages Under Executive Order 13685 (DEC 2014) (Executive Order 13685). (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) Department of Commerce Clauses Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding 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, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (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, where the awarding agency is aware of the unpaid 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 agreement with the authority responsible for collecting the tax liability. (End of provision) &emsp; 1352.201-70, Contracting Officer's Authority (APR 2010) (Reference) 1352.209-73 Compliance With the Laws (APR 2010) (Reference) 1352.209-74 Organizational Conflict of Interest (APR 2010) (Reference) 1352.237-71 Security processing requirements - low risk contracts (APR 2010) (Reference) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only Request for Quote (RFQ). Written quotes are being requested. A hardcopy written RFQ will not be issued. NOAA Northwest Fisheries Science Center (NWFSC), Fisheries Resource Analysis and Monitoring (FRAM) Division has a requirement for Brand Name Only (Exact Match), to the following: four (4) spools of 7,500 feet Oliveira Brand SA Super Yellowfin Trawl wire rope. All quotes must include shipping cost to destination NOAA/NWFSC/FRAM, Newport, OR 97365 by June 30, 2016. The requirement is to provide four (4) spools of 7,500 feet each (30,000 feet total). The trawl wire-rope is used in trawl applications ; specifically, in this application it will be used for deploying a trawl net sampling system which is used to enumerate demersal and benthic animals during the West Coast Groundfish Bottom Trawl Survey. Each spool is to be of one piece; no splices or additions accepted. The specifications are as follows: 1. Two spools containing 1250 fathoms (7500 feet or 2286 meters) of compacted (Dyfrom) steel (galvanized) core 5/8" (16mm) IRWC wire rope. 2. Each spool shall be of 1250 fathoms of contiguous wire, no splices or additions. 3. Each strand shall be drawn galvanized. 4. Steel will be of XIP® (Extra Improved Plow Steel Grade) or equivalent. 5. Each spool shall be pre-formed (compacted) or double swaged. 6. Wire rope must be of 6X19 IWRC standard right regular lay. 7. Wire rope shall be of made of Seale the construction method. 8. Wire rope will have a breaking force equal to or greater than 1570N/mm, of kN=168 or Kgf =17,100 or 41,000 pounds. 9. Each spool will be treated with a combination of both penetrating and coated lubricants to reduce friction as the individual wires move over each other and to provide corrosion protection and lubrication in the core and inside wires and on the exterior surfaces. Since 1997 FRAM has conducted bottom trawl surveys off the coast of the Continental United States from the Canadian Boarder to the Mexican Boarder in depths ranging from 30 to 700 fathoms (180 to 4200 feet). These annual surveys provide stock assessment managers with critical data required for the management of biologically and economically important fish stocks located in these waters. FRAM contracts four to five commercial fishing vessels per year to perform these stock assessment surveys. FRAM supplies its charter fishing vessels with trawl warp cable to deploy its bottom trawl sampling net. The samples that are recovered are imperative to the calculation of catch per unit effort (CPUE) which in turn, is used directly West Coast Fisheries Management. FRAM's current trawl warps have been used for three seasons and are no longer suitable for use. There are many safety reasons to replace the current wire rope; once deployed, the bottom trawl puts tremendous strain on the trawl warp that is used. Three years of salt water corrosion, seafloor substrate abrasion, and radial pressures around the winch drum and trawl block have further extracted useful life the wire rope. During sampling operations FRAM has a significant investment of equipment in the water including; acoustic net mensuration equipment, sensor recorders, and the net itself, which is being towed over variable and harsh bottom, so there is substantial fiscal pressure to replace the wire rope (cable); if the wire breaks, FRAM loses everything. The wire ropes will be used as the "main wires" or "trawl warps" on trawlers ranging from 65 to 95 feet with horsepower ranging from 450 to 1000. The acquisition of this trawl wire is critical for the successful completion of the 2016 -2017 West Coast Groundfish trawl surveys. The Northwest Fisheries Science Center has conducted market research, conducted testing and determined that only Oliveira SA manufactures trawl wire rope specifically for use with commercial fishing vessels and meets the N WFSC FRAM Trawl Survey requirements. In 2010 FRAM had Domestic DSR tested by an independent testing facility in which the wire rope was tested for; tensile strength, stress at extension under load, elongation and ductility. The DSR wire did not meet the specifications outlined in the SOW. FRAM has tried several different manufactures of wire rope, 6 spools of Young Heung wire rope purchased through two vendors Consolidated Defensive Supply in 2008 and an unknown vendor in 2006. Each spool pair was only deployed for two field seasons. Four (4) spools of DSR Domestic wire rope purchased through Nor'Eastem Trawl Systems could only be deployed for 2 field seasons. FRAM typically is able to deploy the Oliveira SA trawl wire rope for 4 survey field seasons. Survey vessels using Lebus Screw winch drums will only deploy wire-rope that meets diameter specifications; currently we have only used Oliveira SA, the only manufacturer to meet those specifications. In addition, the Oliveira SA Super Yellowifn is a proven product which is used worldwide in the fishing industry. It is imperative that the NWFSC use only the Oliveira SA Super Yellowfin because it is specifically fabricated for use in the commercial fishing industry. We found no other manufacturers that meet that requirement. This requirement is a 100% set-aside to small business concerns under the North American Industry Classification Code (NAICS) 314994 with a size standard of 1000 employees. The government intends to issue a firm fixed price purchase order. The required delivery date is no later than June 30, 2016. All interested parties that can provide the exact match Brand Name item described herein must respond to this announcement within six (6) calendar days of its publication. All responses must be in writing and may be faxed to (206) 527-7513 attention to Maria Mendoza or email at maria.l.mendoza@noaa.gov. This is a simplified acquisition. This notice is hereby issued as RFQ No.RA133F16RQ1417. The following provisions and clauses shall apply to this RFQ and resultant award. CONTRACT CLAUSES 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ Department of Commerce Clauses http://www.ecfr.gov/cgi-bin/text-idx?SID=c36a20ca785ffb6e3f97eb41748ef942&node=48:5.0.6.50.44&rgn=div5 (End of clause) Clauses Incorporated by Reference 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989) FAR 52.212-2, Evaluation - Commercial Items (JAN 1999) The Government will award a contract resulting from this solicitation to the responsible vendor whose quote is best value to the government price and other factors considered. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (March 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014) (22 U.S.C. 7104(g)) (section 738 Division C of Pub L. 112-74, section 743 of Division D of Pub L 111-8, and section 745 of Division D of Pub L. 110-161). (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: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). __ (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.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) Reserved __ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (12) 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). __ (13) [Reserved] _X_ (14)(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). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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. _ _ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (19) 52.219-14, Limitationson Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). __ (30) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___(33)(i) 52.222-50, Combating Trafficking in Person (MAR 2015) (22 U.S.C. chapter 78 and E.O, 13627 ____(ii) Altermate I (MAR 2015) of 52.222.50 (22 U.S.C. Chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (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)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-13. __ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _x_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (44) 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). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: _ _ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67 In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits _____________ ____________________________ _____________ ____________________________ _____________ ____________________________ _____________ ____________________________ (End of clause) __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). __ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).. (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) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (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 Labor Standards (May 2014) (41 U.S.C. chapter 67). (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 Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 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. (xvii) 52.222-55 Minimum Wages Under Executive Order 13685 (DEC 2014) (Executive Order 13685). (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) Department of Commerce Clauses Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding 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, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (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, where the awarding agency is aware of the unpaid 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 agreement with the authority responsible for collecting the tax liability. (End of provision) &emsp; 1352.201-70, Contracting Officer's Authority (APR 2010) (Reference) 1352.209-73 Compliance With the Laws (APR 2010) (Reference) 1352.209-74 Organizational Conflict of Interest (APR 2010) (Reference) 1352.237-71 Security processing requirements - low risk contracts (APR 2010) (Reference)
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