24R0067.docx

N0017424R0067

Section SF 1449 - CONTINUATION SHEET

Standard single unit portable restroom

FFP

Base year FOB: Destination

PSC CD: W085

MAX

NET AMT

Wheel chair accessible single unit

Base year

MAX

Standard single unit per 30 days

Base Year - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

MAX

Standard single unit per 30 days

Base Year - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

MAX

Wheel chair accessible unit per 30 days

Base Year - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

MAX

Base Year - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

FOB: Destination

FFP

Base Year - Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, and meet OSHA Requirements.

FOB: Destination

FFP

Base Year - Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, and meet OSHA Requirements.

FOB: Destination

FFP

Base Year - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

FOB: Destination

FFP

Base Year - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

FOB: Destination

FFP

Base Year - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

FOB: Destination

FFP

ADA Compliant 2 station per 30 days

Base Year - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

NET AMT

Option Year I

OPTION

FOB: Destination

FFP

Option Year I

OPTION

FOB: Destination

FFP

Option Year I - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year I - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year I - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year I - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year I - Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year I - Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year I - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year I - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year I - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year I - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

FFP

Option Year II

MAX

Option Year II

OPTION

FOB: Destination

FFP

Option Year II - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year II - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year II - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year II - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year II - Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year II - Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year II - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year II - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year II - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

Option Year II - Each unit item must include - Slip Resistant Floors, Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies, provide water / waste / power source when needed, Self-Closing Doors and meet OSHA Requirements.

OPTION

FOB: Destination

FFP

STATEMENT OF WORK

STATEMENT OF WORK

for Portable Restroom Rental

1.0 GENERAL

The Naval Surface Warfare Center Indian Head Division (NSWC IHD) has a requirement to rent portable restrooms to support command personnel.

2.0 SCOPE

NSWC IHD is requiring a Firm Fixed Price (FFP) with Base and 2-option year contract for the delivery, installation, weekly service, and removal of portable restrooms at the Indian Head and Stump Neck locations. The Contractor shall possess the capability to accept work via a Task Order with NSWC utilizing a Not To Exceed (NTE) IDIQ CLIN.

3.0 REQUIREMENT

The contractor shall provide FFP priced Portable Toilets for rental for the next 3 years. This includes: Standard units at Bldg 2132 and handicap-accessible unit at Bldg 2107.

The contractor shall provide services for the FFP priced portable toilets including but not limited to, restocking supplies weekly, cleaning, pumping and servicing.

Shipping Address:

Main address for GPS – 2008 Stump Neck Road – Indian Head, MD 20640 Bldg 2132 – 5904 Outer Transfer Circle – Indian Head, MD 20640 Bldg 2107 – 6082 Porter Road – Indian Head, MD 20640

The Contractor shall provide pricing for all items in the three categories shown below.

The table below provides additional details of what’s expected to be included in each line item.

DESCRIPTION

Slip-Resistant Floors

Provide Weekly Services to include pumping, servicing, cleaning and stocking supplies.

Provide water / waste / power source when needed

Self-Closing Doors

Meet OSHA Requirements

4.0 IMPORTANT DATES

From solicitation date:

14 calendar days: provide notice of interest and completed visitor request forms to Navy Contract Specialist (CS) and Technical Point of Contact (TPOC) 21 calendar days: Government schedules site visit with all interested parties

From site visit date:

7 calendar days: all questions due 14 calendar days: proposals due to Navy CS and TPOC

5.0 DELIVERY LOCATION / TECHNICAL POINT OF CONTACT (TPOC)

Naval Surface Warfare Center Indian Head Explosive Ordnance Technology Division (NSWC IHD)

Indian Head, MD 20640

TPOC: Jamie Hare – 301-744-2724 – Jamie.l.hare2.civ@us.navy.mil

All communication is required to be sent to the contract specialist with the TPOC on copy.

6.0 SECURITY BADGES AND ON-SITE CONTRACTOR PERSONNEL

Security badges will be issued by the Government only to those contractor personnel who require access to NAVSEA, Naval Surface Warfare Center, Indian Head explosive ordnance division (NSWC IHD), Naval Support Activity South Potomac (NSASP) in connection with work to be performed under this contract. Approval for such issuance may only be granted by the Contracting Officer’s Representative (COR) or Contracting Officer. As contained in the DON Homeland Security Presidential Directive-12 (HSPD-12) dated 22 December 2011 policy, a National Agency Check with Inquiries (NACI) investigation with a favorable fingerprint result are the basis for the issuance of a Common Access Card (CAC). However, the Commanding Officer is the final adjudicating official for CAC issuance and will be based on OPM Final Credentialing Standards for Issuing Personal Identity Verification Cards under HSPD-12. The command, during the adjudication, has the flexibility to apply the supplemental credentialing standards delineated in OPM Final Credentialing Standards for Issuing Personal Identity Verification Cards, in addition to the six basic standards if information is developed during the credentialing process that may present an unacceptable risk to the life, safety, or health of employees, contractors, vendors or visitors.

The Contractor shall maintain a register of employees currently authorized access to NAVSEA, NSWC IHD, NSASP. This does not include badges temporarily authorized for contractor visitors to NAVSEA, NSWC IHD, NSASP. Furthermore, the contractor shall maintain a current register of contractor personnel with full or part-time work or office space located on board the Naval Support Activity South Potomac. This register will be made available upon request of the Contracting Officer. The contractor shall follow station security procedures in this regard.

7.0 DELIVERY TO THE WORK SITE

Contracts that require delivery of material or equipment directly to the work site require notification to the Contracting Officer’s Representative (COR) at least 24 hours in advance. Escort procedures may be required.The Contractor is responsible for employee’s safety and health and shall comply with OSHA regulations and comply with the NSWC IHD Instruction 5100.22H, Safety Manual, as well as all Federal, State and Local safety and security regulations. Any non-compliance with the aforementioned may be cause for contractor expulsion from the activity. The most stringent standards will apply.

The Contractor may be required to stop performance with no additional price or cost to the contract, when it is determined the contractor operation site does not comply with an applicable OSHA regulation and is a threat to the safety and health of on-site personnel and/or the public. Should unforeseen hazards become evident during the performance of the work, the contractor shall make a formal request to the Contracting Officer and COR, both verbally and in writing, to provide a resolution as soon as possible. In the interim, all necessary action shall be taken by the contractor to restore and maintain safe working conditions in order to safeguard on site-personnel, visitors, the public, and the environment.

8.0 Operations Security (OPSEC) Requirements

Contractor personnel are subject to applicable provisions of Department of Defense Manual 5205.02-M, Enclosure 6 and NSWC IHD 3070.3A OPSEC Program. Contractor personnel supporting this contract/task order must complete government approved or provided OPSEC awareness training. OPSEC education and training may be accomplished through established programs within the DoD Component, using external resources such as the Interagency OPSEC Support Staff (IOSS) and the Defense Security Service Academy, or a combination (i.e. https://securityawareness.usalearning.gov/opsec/). Contractor personnel may have access to government Critical Information (CI), Indicators and Observables that may indirectly disclose CI. CI includes, but is not limited to: Ship movements and schedules, weapons and sensor system installations, capabilities, and configurations; specific platform installations and characteristics, test schedules, deficiencies and vulnerabilities. Indicators and Observables may include, but are not limited to: Outdoors system testing; ship's external hull or superstructure modifications; shipboard equipment, ordnance, weapons, fuels, and/or stores loading/unloading operations, and/or personnel or aircraft embarkation. No CI, Indicators, or Observables may be divulged to third parties (including other company employees who are not subject to this contract) without approval of the local command Security Officer, OPSEC Officer, or the NSWC IHD OPSEC Program Manager.

9.0 Voluntary Protection Program

9.1. In August 2006, Naval Surface Warfare Center Indian Head Explosive Ordnance Division (NSWC IHD) was nominated to participate in the DoD Voluntary Protection Program Center of Excellence Implementation Initiative of the Defense Safety Oversight Council (DSOC). The Voluntary Protection Program (VPP) was established by the Occupational Safety and Health Administration (OSHA) in 1982 to recognize and promote effective worksite-based safety and health management systems. NSWC IHD, through the utilization of VPP, desires to be a model of safety and health excellence. VPP's emphasis on trust and cooperation between OSHA, the employer, employees, employees’ representatives, and contractors’ complements the Agency's enforcement activity but does not take its place. All parties, including Contractors, are to work together to identify and resolve any safety and health problems that may arise, yet obtain Contracting Officer approval of any changes that would impact the terms of the contract. NSWC IHD as the VPP participant develops and implements systems to effectively identify, evaluate, prevent, and control occupational hazards so that injuries and illnesses to employees and contractors are prevented. Contractor and sub-contractor personnel are subject to occupational safety and health oversight. This oversight will be accomplished by NSWC IHD personnel and Contracting Officers. Contractors, sub-contractors, and their employees, while in performance of a contractual action on-site within the geographical boundaries of Naval Support Facility (NSF) Indian Head, shall be subject to the requirements of the NSWCIHD 5100.22H, “Safety Manual” regardless of the type or duration of the contract. Chapter 13 of the NSWCIHD 5100.22H, “Safety Manual”, entitled “Contractor Safety” is provided as Attachment XX. Appendix 13-A, of the chapter 13 entitled “Contractor Safety Requirements When Performing Work at the Naval Support Facility (NSF) Indian Head, MD” shall be signed by the Contractor prior to commencement of services on-site at NSF Indian Head. The Contractor shall maintain one signed copy for future reference in educating its personnel and sub-contractors. A second signed copy shall be provided to the Contracting Officer to be maintained in the contract file. If an occupational safety or health related injury or illness occurs during the performance or as a result of this contractual action, the Contractor shall notify the Contracting Officer Representative (COR) as soon as practicable, who will notify the Safety Office and the Contracting Officer.

9.2 In support of VPP and in compliance with Chapter 13 of the Safety Manual, entitled “Contractor Safety,” all Contractors performing on-site at NSF Indian Head shall comply with the following:

9.2.1 Public Law 91-596 (and Amendments), also known as the Occupational Safety and Health Act of 1970, establishes that all employers, including Contractors, are responsible, as far as possible, for providing every employee a safe and healthful working environment. All employers, including Contractors, shall conform to the standards as issued by OSHA. Contractors are responsible for complying with safety requirements specified in the contract as well as all Federal, State, and local safety and security regulations. Non-compliance may be cause for the removal of a Contractor or any Contractor employee from the activity and such non-compliance may form the basis for contractual action, up to and including termination for default.

9.2.2 Contractor personnel shall participate in basic safety awareness and hazard identification training offered by the Government activity at the work area they are supporting. Contractors performing on-site shall attend area weekly safety meetings and annual safety stand-downs, as determined by the COR.

9.3 The best Safety and Health Programs involve every level of the organization, instilling a safety culture that reduces accidents for workers and improves the bottom line for managers. When Safety and Health are part of the organization and a way of life, everyone wins. NSWC IHD is committed to safety excellence. The Contractor shall familiarize itself with the “Contractor Volunteer Protection Program (VPP) Fundamentals training located on the NSWC IHD intranet on the 00SA VPP page https://navsea.portal.navy.mil/wc/surinhd/a/private/sa/default.aspx.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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"--

(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 its field of operation, 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 with 13 CFR 124.1001", 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 at 13 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 the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(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…