A8 Amendment 12318721Q0095-0001 Mark Pump Parts.pdf

(x)

12318721Q0095 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

02SC

BOISE ID 83705-5354

3833 S DEVELOPMENT AVE

USDA-FS INCIDENT PROCUREMENT LOGIS

02/26/20210001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/20/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of amendment 12318721Q0095-0001 is as follows:

1. Change the procurement type from an Indefinite Delivery Indefinite Quantity contract to a Purchase Order contract.

2. Revised Attachment A - Pump Parts List to increase the parts quantity, remove option periods, and add estimated delivery timeframes columns.

3. Added 52.212-1 Buy American Act Certificate requirement.

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

ANNA L. APODACA

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 48

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12318721Q0095/0001

4. Added 52.212-4 Contract Terms and Conditions - Commercial Items (Deviation 2017-1) (Oct 2018).

5. Deleted the following clauses: 52.212-5, 52.216-18 Ordering, 52.216-19 Order Limitations, 52.216-22 Indefinite Quantity, 52.217-4, 52.217-5, and 52.217-9 Option to Extend the Term of the Contract. (MAR 2000).

6. Added Contract Terms and Conditions Required to Implement Statutes or Executive Orders -

Commercial Items (Far 52.212-5) (Deviation 2017-1

And Deviation Apr 2020) (Nov 2020)

Please see detailed revisions within the body of the amendment.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

12318721Q0095 Mark III Pump Parts

Solicitation Issue Date: January 20, 2021

Solicitation Close Date: February 3, 2021

Amendment Issue Date: February 26, 2021

Solicitation New Close Date: March 4, 2021

This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation Amendment Number 12318721Q0095-0001 is being issued as a Request for Quotation

(RFQ)

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-02 November 23, 2020.

Set Aside: 100% small business set-aside.

North American Industry Classification (NAICS): 333914 Measuring, Dispensing, and Other Pumping Equipment Manufacturing. Size Standard is 750 employees

Classification Code: “4320” Power and Hand Pumps

Description: The intent of this solicitation is to obtain quotes for Original Equipment Manufacturer (OEM), Mark III High Pressure Portable Pump replacement parts for the United States Department of Agriculture (USDA) Forest Service Northwest Incident Support Cache, Northern Rockies Support Cache and Northwest Support Cache. The contracting activity is the USDA Forest Service, Washington Office Procurement and Property Services, Transition Team (WO-PPS-TT).

Contracting Office: USDA-FS Incident Procurement Logistics, 3833 S Development Ave., Boise ID 83705- 5354

Contract Type: A Single Award, Firm Fixed Price, Indefinite Delivery Indefinite Quantity Purchase Order contract will be issued. Total Contract Minimum: $2,500. 00. Total Contract Maximum:

$5,000,000.00.

Delivery Addresses:

Northeast Interagency Support Cache (NEK) 402 SE 11th Street Grand Rapids, MN 55744 Deb Bruyere 218-322-2774 deb.bruyere@usda.gov

Northwest Incident Support Cache (NWK)

1740 SE Ochoco Way Redmond, OR 97756 Tom O’Berry 541-504-7239 thomas.oberry@usda.gov

SCHEDULE B

SCHEDULE OF ITEMS

1. See Attachment A - Parts List – NEK & NWK

SUPPLEMENTAL TERMS AND CONDITIONS:

SPECIAL NOTES:

1. Shipping terms is Freight on Board (FOB) Destination, seller will incur the delivery expense to get the goods to the destination. Pricing should be inclusive of all shipping, freight, and handling cost.

2. The offeror must submit pricing for all items listed in both tabs of Attachment A - Parts List – NEK

& NWK.

3. Lump Sum pricing must include shipping and all related fees and transposed Schedule B above.

4. Only "OEM" original Mark III High Pressure Portable Pump Manufactured Parts accepted. Please do not include pricing for other than OEM Mark III High Pressure Portable Pump Parts.

5. Payment documentation and process per (FAR 32.905) FAR 52.212-4(g)(i). All invoices must include the following items:

*Name and address of the contractor.

*Invoice date and invoice number.

*Contract number or other authorization for supplies delivered.

*Description, quantity, unit of measure, unit price, and extended price of supplies delivered.

*Shipping and payment terms *Name and address of contractor official to whom payment is to be sent.

*Name, title, phone number, and mailing address of person to notify in the event of a defective invoice.

*Taxpayer Identification Number (TIN).

*Electronic funds transfer (EFT) banking information, EFT banking information is not required if the Government waived the requirement to pay by EFT. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit Invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

6. SHIPPING COST & DELIVERY DATES

• Contractor shall provide an estimated total shipping cost for all parts listed in Attachment A – Part List – NEW & NWK. Understanding that this is an estimate, the Contractor will be reimbursed for shipping at cost.

• The Quoter shall provide an estimated delivery date for all parts in Attachment A – Part

List – NEW & NWK as follows:

1. All parts that are currently available and can be shipped at date of award

2. All parts that can be ready for shipment within 30, 60, 90, and 120 calendar days from date of award.

ORDERING PROCEDURES - ISSUANCE OF TASK ORDERS

Task Orders will be issued in accordance with FAR 52.216-18, FAR 52.216-19, FAR 52.216-22 and

AGAR 452.216-73.

The task orders issued under this IDIQ will be for the following USDA Forest Service Caches:

Northwest Support Cache, the Northern Rockies Support Cache (NRK), and the Northeast Interagency Support Cache (NEK). Only a Forest Service Warranted Contracting Officers (CO) is authorized to place task orders against this contract within their delegated warrant authority. All task orders are subject to the terms and conditions of any resultant contract.

To initiate a new Task Order (TO), the Government will complete Attachment B - Mark 3 Parts - Task Order (TO) Form with the required parts list along with the contract unit pricing. The CO will forward the order form to the Contractor, requesting they input shipping cost and an estimated delivery date. The contractor will sign and return the form. The Contracting Officer will sign and return the Task Order Form.

The Task Order Pricing and Delivery confirmation request:

a) will be issued by email. The Contractor is responsible for checking their email for task order issuances as no other notice will be provided.

b) will be issued during the performance period of this contract.

c) will include prices, the requested delivery date and any specific instructions for the submission, and other information deemed appropriate.

The following procedures will be utilized to issue the Task Order:

1) Once the contractor has confirmed, shipping cost and delivery information and returned the order form signed, the Contracting Officer shall sign and return a fully executed Task Order to the Contractor.

a) Each task order award will include:

i) The Contract Number

ii) The Task Order Number.

iii) Authorized signature of warranted Contracting Officer

iv) Attachment with complete listing of parts being ordered

v) Schedule B completed with firm fixed pricing for each CLIN

vi) Location and point of contact for delivery

vii) Required delivery dates

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR Site at https://www.acquisition.gov/browse/index/far

PROVISIONS INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements- Representation

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

OCT 2020

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures.

(Multiple-Award Contracts)

OCT 2016

52.212-1 Instructions to Offerors - Commercial Items JUN 2020 52.212-2 Evaluation - Commercial Items OCT 2014 52.216-27 Single or Multiple Awards OCT 1995 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan

OCT 2020

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation

JUN 2020

PROVISIONS INCORPORATED IN FULL TEXT

52.209-7 Information Regarding Responsibility Matters.

As prescribed at 9.104-7(b), insert the following provision:

INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.209-12 Certification Regarding Tax Matters.

As prescribed in 9.104-7(e), insert the following provision:

CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

(a) This provision implements section 523 of Division B of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5.5 million (including options), the Offeror shall certify that, to the best of its knowledge and belief, it

(1) Has □ filed all Federal tax returns required during the three years preceding the certification;

(2) Has not □ been convicted of a criminal offense under the Internal Revenue Code of 1986;

and

(3) Has not □, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

52.212-1 ADDENDUM

INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

(JUNE 2020) QUOTE SHALL BE VALID FOR 90 DAYS

1. GENERAL. This procurement will be awarded as a Lowest Price Technically Acceptable contract, considering priced and technical capability.

a. The Government intends to award a contract without discussions with Quoters.

Therefore, the initial quote should contain the Quoters best terms from a price standpoint.

Quoters should not assume that they will be afforded the opportunity to clarity, discuss, or revise their quote.

b. The Government reserves the right to cancel this solicitation and make no award. By responding to this solicitation and submitting a quote, the Contractor understands that the government shall not be liable for any cost incurred by the Quoter in response to this request for quote.

c. Quotes shall be evaluated in accordance with (IAW) section 52.212-2, Evaluation Factors for Award, Addendum.

2. QUOTATION SUBMISSION. The quote shall be in the form prescribed by this solicitation and shall contain a response to each of the areas identified below in paragraph 4. All responses shall be in English, legible and prepared in the following general format to be properly evaluated. Responses must be complete, self-sufficient, and respond directly to the requirements of this Request for Quote

(RFQ).

a. Electronic submission. The Quoter shall provide a copy of its quotation as an electronic file. By submission of a quote via electronic media, the Quoter shall ensure that the submission is in the format specified in the solicitation. The quote shall be email to Anna Apodaca at anna.apodaca@usda.gov with a courtesy copy to Brenda Simmons at brenda.simmons@usda.gov before 03 February 4 March 2021 at 12:00 PM MST.

b. To be eligible and determine responsive for award, the contract shall be registered at the time the quote is submitted and have an active System for Award Management (SAM) account. The contractor is required to submit verification of SAM registration with quote.

3. QUESTIONS/AMENDMENTS/EXCEPTIONS

a. Solicitation Questions. Quoters may email questions regarding this solicitation to Anna Apodaca at anna.apodaca@usda.gov with a courtesy copy to Brenda Simmons at brenda.simmons@usda.gov before 27 January 2021 2 March 2021 at 12:00 PM MST. All emailed questions shall be submitted with the subject line as RFQ 12318721Q0095 - Questions.

b. Amendment(s). The Government reserves the right to revise or amend the specifications, prior to and/or after the date set for receipt of quotations as necessary. Such revisions, if any, will be announced by an amendment(s) to this RFQ. All information related to this RFQ, including pertinent changes/amendments and information prior to the date set for receipt of quotation, will be emailed to the prospective contractors.

c. Exception(s). If the Quoter takes exception to any of the requirements specified in this solicitation, The Quoter shall clearly identify each exception and include a complete explanation of why the exception was taken and what benefit it provides to the Government. All exceptions to the solicitation requirement and supporting rational shall be included in an addendum to the quotation and clearly labeled "Exception." An addendum is only required if the Quoter takes exception to any requirement in the solicitation. The Government will assume that Quoter takes no exception to any solicitation requirements if the Quoter does not submit an Addendum identifying exceptions. Quoters are advised that solicitation requirements are not necessarily negotiable and such exception may render a Quoter's quote unacceptable and ineligible for award.

4. FORMAT AND CONTENT OF QUOTATIONS.

Each quote shall be submitted as set forth below and all information shall be confined to the appropriate part to facilitate independent evaluation. Quotations which do not include the requested minimum information, may be deemed non-responsive to the solicitation, and will not be considered for award.

Quotation sections shall be labeled by section (i.e., Section 1- Price and Section 2 Technical Capability).

Section 1- Factor 1 Price Section 2- Factor 2 Technical Capability

SECTION 1 -PRICE. Information and required documents. Quoter's shall provide all price information as required to include unit pricing for each item listed in Schedule B, Schedule of Items (Attachment A).

Pricing should be inclusive of all shipping, freight, and handling cost.

Amendment(s) -Quoters must acknowledge amendments by signing blocks 14A through 15C, of any amendments (SF30) issued during the solicitation open period.

SECTION 2 -TECHNICAL CAPABILITY.

• The Quoter shall submit, at a minimum, one (1) original copy, completed in its entirety of

Attachment A – Pump Part List- Parts List – NEK & NWK.

• The Quoter shall provide an estimated delivery date for all parts in Attachment A – Part List – NEK & NWK as follows:

3. All parts that are currently available and can be shipped at date of award

4. All parts that can be ready for shipment within 30, 60, 90, and 120 calendar days from date of award.

• The quoter shall include a statement certifying that all parts quoted on and supplied shall be Original Equipment Manufacturer (OEM) Mark III High Pressure Portable Pump replacement parts and that no substitutions shall be provided.

5. RESPONSIBILITY OF QUOTERS. Quoters shall be financially responsible to perform the work described in this solicitation. The be determined responsible, the Quoter shall meet the requirements IAW FAR 9.104-1 as well as:

a. Have a current and active System for Award Management (SAM) account.

b. Quoter must complete the Buy American Certificate located within FAR 52.212-3(f) Offeror

Representations and Certifications-Commercial Items. Information pertaining to this provision must be submitted to the Government in one of two of the following methods:

1. The Quoter can elect to complete the certificate within their SAM online profile, under Reps & Certs.

2. The Quoter can attach their completed FAR 52.212-3(f) certificate with their quote.

(End of Addendum)

52.212-2 ADDENDUM EVALUATION - COMMERCIAL

(OCT 2014) EVALUATION OF QUOTES

1. Basis of Award. The Government intends to award one (1) contract as a result of this solicitation using the evaluation method of "Lowest Priced, Technically Acceptable." Award will be made a single

Quoter of whom the Contracting Officer has determine that its proposed priced is fair and reasonable in accordance with FAR 13.106-3(a). Trade-offs between cost/price and non-cost/price factors is not permitted.

2. Evaluation Process. The evaluation process consists of two factors. 1) Price, and 2) Technical Capability. Quoters offer must be determined acceptable for factor 2 in order to be considered for award.

a. All quotes will be reviewed for timeliness. If the quote is received after the closing date of the solicitation, the quote will not be considered for award.

b. Timely quotations will be reviewed for responsibility of quoters and responsiveness to the solicitation. If quoter has been determined not responsible or, if the quoter is determined to be non-responsive to the solicitation, the quote will not be evaluated and the Quoter will be notified that the quote is non-responsive.

c. A technical evaluation will be conducted. The lowest priced technical proposal will be evaluated.

If the quotation is technically acceptable, no other quotes will be evaluated. If the technical proposal is unacceptable, the next Quoter's technical proposal will be evaluated. The process will continue until a technical quotation is identified as technically acceptable.

1) Evaluation Factors:

Factor 1: Price. Price will not be scored or rated. ALL CLIN pricing must be complete and accurate.

The Government will evaluate quoted prices based on the total cost of all parts in the schedule of items plus shipping costs. for reasonableness using price analysis techniques. Quoted prices evaluated as unreasonable may be grounds for eliminating and quote from competition. The total evaluated price will be calculated by adding the total price for all options to the total price for the base requirement. For the purpose of evaluation, the Government will include FAR 52.217-8 Option to Extend Services in its evaluation.

Factor 2: Technical Capability. The Technical Capability evaluation provides an assessment of the Quoter's capability to satisfy the Government's minimum requirements. The evaluation will determine if the Quoter can provide Original Equipment Manufacturer (OEM) Mark III High Pressure Portable Pump Manufactured replacement parts.

The Quoter shall be evaluated on its completion of the estimated delivery timeframes for all parts in included in Attachment A – Part List – NEW & NWK.

2) The Government will evaluate the quotes for acceptability, assigning of the ratings described below for each factor. To be "Acceptable" a quote must be evaluated as "Acceptable" for all factors. Any factor that does not meet the minimum requirement will be deemed "Unacceptable."

RATING DESCRIPTION

Acceptable Quote meets the minimum requirement of the solicitation.

Unacceptable Quote does not meet the minimum requirement of the solicitation.

(End of Addendum)

52.212-3 Offeror Representations and Certifications-Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS

(NOV 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-

9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended: "Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service- disabled 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—

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR 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.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in

SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR

52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women- owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the

WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13

CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:

.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)

52.225- 1, Buy American-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,.i.e, an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item"

"component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No.

Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of

FAR part 25.

(g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or

(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements–Israeli Trade Act."

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product."

Other Foreign End Products:

(iv) The Government will evaluate offers in accordance with the policies and procedures of

FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If

Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act":

Canadian or Israeli End Products:

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(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…