36C26219Q1215-001.pdf

RFQ#: 36C26219Q1215

PROJECT TITLE: MENTAL HEALTH FURNITURE

FOR VETERANS AFFAIRS WEST LOS ANGELES HEALTHCARE SYSTEM

This is a combined synopsis/solicitation set-aside for Service Disable Veteran Owned Small Business (SDVOSB) for commercial supplies/services prepared in accordance with the format in Subpart 12.6, as supplemented with the additional information included in this notice. The combined synopsis/solicitation is under NAICS 337214 (or related). This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a request for quotes under solicitation number: 36C26219Q1215.

The Department of Veterans Affairs West Los Angeles Healthcare System, Los Angeles, CA 90073 has a requirement for the Mental Health Furniture. The Contractor shall furnish all supplies/services at the VA West Los Angeles Healthcare System, 11301 Wilshire Blvd, Warehouse Building 297, Los Angeles, CA 90073.

If you are interested and are capable of providing the required supplies, please provide the requested information and pricing for each line item as indicated below. Responses to this notice should include:

Company Name:

Address:

Point of Contact:

DUNS:

Size of business pursuant to the following supplies:

LINE

ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT

0001 4501M Dignity medium back, laminate panel inside and out, taupe poly arms, c/w an extra 20 lbs of weight 1 ED Psych Waiting Areas Seat: Momentum Endurance EPU Gravel (1) , Back: LDI EnviroLeather Healing Essentials Tranquil Papyrus (1) Lam WA 7965K- 78 Walnut Heights NOTE: This chair comes with perforated metal gap plate between the seat and back, plus additional weight (total weight of the chair 140 lbs). This chair will also come with (4) floor mount glides

EA 20

0002 4501G Dignity bariatric, laminate panel inside and out, taupe poly arms, c/w an extra 20 lbs of weight 1 ED Psych Waiting Areas Seat: Momentum Endurance EPU Gravel (1) , Back: LDI EnviroLeather Healing Essentials Tranquil Papyrus (1) , Lam WA 7965K- 78 Walnut Heights NOTES: This chair comes with perforated metal gap plate between the seat and back, plus additional weight (total weight of the chair 158 lbs). This chair will also come with (4) floor mount

EA 8

0003 4502M Dignity 2-seat medium back, laminate panel inside and out, taupe poly arms, c/w an extra 20 lbs of weight 1 ED Psych Waiting Areas Seat: Momentum Endurance EPU Gravel (2) , Back: LDI EnviroLeather Healing Essentials Tranquil Papyrus (2) ,Lam WA 7965K- 78 Walnut Heights NOTES: This chair comes with perforated metal gap plate between the seat and back, plus additional weight (total weight of the chair 195 lbs). This chair will also come with (4) floor mount

EA 8

0004 Square table: 42 in. x 42 in.

deep 27 to 35 in. high 1 ED Psych Waiting Areas -Tubular X base, crank adjustable (X-CRADJ), Base: Paint -Silver, Top Surface: Lam Corian

EA 4

Designer White Edge: Corian Flat edge

0005 Square table: 42 in. x 42 in.

deep 29 in. high 1 ED Psych Waiting Areas 1-Manhattan X4 base (MNX4),, Base: Paint - Silver, Top Surface: Lam Corian Designer White

EA 5

TOTAL

Include shipping cost on the items price.

NOTE: Potential offers must be aware that the items being acquired are procured as Brand Name or Equal. For those items that are “or equal”, a description of the salient characteristics outlined above. The FAR Clause 52.211-6 Brand Name or Equal applies to this acquisition. Any items quoted as equal not confirming to the requirements of clause 52.211-6 will be considered non-responsive and not considered for award.

Vendor Requirements:

1. Vendor shall provide delivery.

2. Vendor shall provide manufacture standard warranty on the product starting from the first day of delivery.

3. Vendor shall quote all line items described above.

4. The pricing terms and conditions of the quotation shall be valid for at least 90 days unless a longer time is stated in the quote.

STATEMENT OF WORK

This project is part of the Department of Veterans Affairs Greater Los Angeles Veterans Health Care System Located at: 11301 Wilshire Blvd., Los Angeles, CA 90073

1. INTRODUCTION

This is a Firm Fixed-Price Contract Order to provide Dignity Mental Health Furniture to the VA West Los Angeles Healthcare System.

2. SCOPE OF WORK:

This statement of work (SOW) describes the requirement for the need of Dignity Mental Health Furniture to accommodate patients but also to replace furniture that is worn, broken and beyond warranty and repair, as well as additional ordered to keep in stock at the VA West Los Angeles Healthcare System.

3. PRODUCT DESCRITPION

3.1. Spec Dignity1 Chair

Model: 4501M- Dignity, Single Seater with Arms

3.2. Salient Characteristics:

3.2.1. Overall average measurements: 29” W x 29.75” D x 32.75” H

3.2.2. Seat minimum: 23” W x 18” H

3.2.3. Arm minimum: 25.25” H

3.2.4. Polyurethane frame: Taupe Poly

3.2.5. Seat: Momentum, Endurance Epu, Gravel

3.2.6. Upholstered sides interior: Healing Essentials, Tranquil, Papyrus

3.2.7. Sides Exterior: Laminate, Walnut

3.2.8. Exceeds BIFMA Seating Durability Test of 500lbs

3.2.9. Heavy duty steel frame

3.2.10. Must include tamperproof fasteners

3.2.11. Feet are finished with non-removable 1 1/8” steel levelers with a ¼- 20 steel stem

3.2.12. Metal plate added to seat back for anti-ligature protection

3.2.13. Weight: 140 minimum due to safety concerns; needs to be as heavy as possible so that it cannot be picked up and thrown across the room by an agitated patient

3.2.14. No protruding hardware

3.2.15. Exceeds BIFMA Seating Durability Test of 500lbs

3.2.16. Upholstery fabrics must be Polyurethane are minimum of 500,000 D.R.

3.2.17. Foam provided meets Federal Motor Vehicle Standard MCSS302 and California Bulletin

No. 117 (TB117-2013)

3.2.18. Minimum 15% Post-Consumer Recycled Content

3.2.19. Minimum 5% Pre-Consumer Recycled Content

• Design intent:

(Item photographed is just to provide guidance)

3.3. Spec Dignity Chair

Model: 4501G- Dignity Bariatric Single Seater with Arms

3.4. Salient Characteristics:

3.4.1. Overall average measurements: 36.25” W x 29.75” D x 32.75” H

3.4.2. Seat minimum: 30.25” W x 18” H

3.4.3. Arm minimum: 25.25” H

3.4.4. Polyurethane frame: Taupe Poly

3.4.5. Seat: Momentum, Endurance Epu, Gravel

3.4.6. Upholstered sides interior: Healing Essentials, Tranquil, Papyrus

3.4.7. Sides Exterior: Laminate, Walnut

3.4.8. Exceeds BIFMA Seating Durability Test of 500lbs

3.4.9. Heavy duty steel frame

3.4.10. Must include tamperproof fasteners

3.4.11. Feet are finished with non-removable 1 1/8” steel levelers with a ¼- 20 steel stem

3.4.12. Metal plate added to seat back for anti-ligature protection

3.4.13. Weight: 140 minimum due to safety concerns; needs to be as heavy as possible so that it cannot be picked up and thrown across the room by an agitated patient

3.4.14. No protruding hardware

3.4.15. Exceeds BIFMA Seating Durability Test of 500lbs

3.4.16. Upholstery fabrics must be Polyurethane are minimum of 500,000 D.R.

3.4.17. Foam provided meets Federal Motor Vehicle Standard MCSS302 and California Bulletin

No. 117 (TB117-2013)

3.4.18. Minimum 15% Post-Consumer Recycled Content

3.4.19. Minimum 5% Pre-Consumer Recycled Content

3.4.20. Minimum 85% Recyclable

3.4.21. Level 2 certified

3.5. Spec Dignity Chair

Model: 4502M- Dignity, Two-Seater with Arms

3.6. Salient Characteristics:

3.6.1. Overall average measurements: 52” W x 29.75” D x 32.75” H

3.6.2. Seat minimum: 46” W x 18” H

3.6.3. Arm minimum: 25.25” H

3.6.4. Polyurethane frame: Taupe Poly

3.6.5. Seat: Momentum, Endurance Epu, Gravel

3.6.6. Upholstered sides interior: Healing Essentials, Tranquil, Papyrus

3.6.7. Sides Exterior: Laminate, Walnut

3.6.8. Exceeds BIFMA Seating Durability Test of 500lbs

3.6.9. Heavy duty steel frame

3.6.10. Must include tamperproof fasteners

3.6.11. Feet are finished with non-removable 1 1/8” steel levelers with a ¼- 20 steel stem

3.6.12. Metal plate added to seat back for anti-ligature protection

3.6.13. Weight: 140 minimum due to safety concerns; needs to be as heavy as possible so that it cannot be picked up and thrown across the room by an agitated patient

3.6.14. No protruding hardware

3.6.15. Exceeds BIFMA Seating Durability Test of 500lbs

3.6.16. Upholstery fabrics must be Polyurethane are minimum of 500,000 D.R.

3.6.17. Foam provided meets Federal Motor Vehicle Standard MCSS302 and California Bulletin

No. 117 (TB117-2013)

3.6.18. Minimum 15% Post-Consumer Recycled Content

3.6.19. Minimum 5% Pre-Consumer Recycled Content

3.6.20. Minimum 85% Recyclable

3.6.21. Level 2 certified

3.7. Square table: Crank Adjustable

Spec Crank Height Adjustable table with Tubular X base

3.8. Salient Characteristics:

3.8.1. Overall average measurements: 42” W x 42” D x 29” H

3.8.2. 1-Tubular X base, crank adjustable

3.8.3. Base: Paint - Standard Textured Spectone Finish Silver or equal to

3.8.4. Top Surface: Lam Corian, Designer White

3.8.5. Edge: Corian Flat edge

3.8.6. Contributes to LEED

3.8.7. Manufactured in the USA

3.8.8. Minimum of 60.61% recyclable materials

3.8.9. Minimum of 23.08% recycled content

3.9. Square table: Fixed Height

Spec Fixed Height table with Manhattan X base

3.10. Salient Characteristics:

3.10.1. Overall average measurements: 42” W x 42” D x 29” H

3.10.2. Manhattan X base, fixed

3.10.3. Base: Paint - Standard Textured Spectone Finish Silver or equal to

3.10.4. Top Surface: Lam Corian, Designer White

3.10.5. Edge: Corian Flat edge

3.10.6. Contributes to LEED

3.10.7. Manufactured in the USA

3.10.8. Minimum of 60.61% recyclable materials

3.10.9. Minimum of 23.08% recycled content

Level 2 certified

4. QUANTITIES

LINE

ITEM DESCRITION QUANTITY

0001 4501M Dignity medium back, laminate panel inside and out, taupe poly arms, c/w an extra 20 lbs of weight 1 ED Psych Waiting Areas Seat: Momentum Endurance EPU Gravel (1) , Back: LDI EnviroLeather Healing Essentials Tranquil Papyrus

(1) Lam WA 7965K-78 Walnut Heights NOTE: This chair comes with perforated metal gap plate between the seat and back, plus additional weight (total weight of the chair 140 lbs due to mental health safety requirements). This chair will also come with (4) floor mount glides

0002 4501G Dignity bariatric, laminate panel inside and out, taupe poly arms, c/w an extra 20 lbs of weight 1 ED Psych Waiting Areas Seat: Momentum Endurance EPU Gravel (1) , Back: LDI EnviroLeather Healing Essentials Tranquil Papyrus

(1) , Lam WA 7965K-78 Walnut Heights NOTES: This chair comes with perforated metal gap plate between the seat and back, plus additional weight (total weight of the chair 158 lbs due to mental health safety requirements). This chair will also come with (4) floor mount glides

0003 4502M Dignity 2-seat medium back, laminate panel inside and out, taupe poly arms, c/w an extra 20 lbs of weight 1 ED Psych Waiting Areas Seat: Momentum Endurance EPU Gravel (2) , Back: LDI EnviroLeather Healing Essentials Tranquil Papyrus

(2) ,Lam WA 7965K-78 Walnut Heights NOTES: This chair comes with perforated metal gap plate between the seat and back, plus additional weight (total weight of the chair 195 lbs due to mental health safety requirements). This chair will also come with (4) floor mount glides

0004 Square table: 42 in. x 42 in. deep 27 to 35 in. high 1 ED Psych Waiting Areas -Tubular X base, crank adjustable (X-CRADJ), Base: Paint -Silver, Top Surface: Lam Corian Designer White

0005 Square table: 42 in. x 42 in. deep 29 in. high 1 ED Psych Waiting Areas 1-Manhattan X4 base (MNX4), Base: Paint - Silver, Top Surface: Lam Corian Designer White

5. PERIOD OF PERFORMANCE

The Period of Performance is for 60 days After Receipt of Order (ARO).

6. DELIVERY

6.1. GLA Interior Designer will coordinate the delivery date and time with the selected vendor.

6.2. Delivery of product will come all at once unless otherwise instructed and will be delivered to:

11301 Wilshire Blvd, B297, Los Angeles, CA 90073 will be required in 60 days after receipt of order. Items will be Drop Ship only.

Duty hours will be 8:00am-12:00pm. The Government recognized US holidays are: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. If the holiday falls on Sunday, it is observed on Monday.

Coordinate all products and services to order, ship, and deliver new furniture from the manufacturer until final acceptance by the COR.

6.3. Vendor shall deliver materials to job in manufacturer's original sealed containers with brand name marked thereon.

6.4. Vendor shall package to prevent damage or deterioration during shipment, handling, and storage.

6.5. Vendor shall store products in dry condition inside enclosed facilities.

6.6. All delayed delivery arrangements, within 60 days, shall be at no additional cost to the

Government.

7. INSTALLATION

This requirement does not require an installation.

8. WARRANTY

All furniture shall be covered under standard warranty from the first day of delivery.

9. VENDOR FURNISHED ITEMS AND RESPONSIBILITIES

9.1. The selected vendor shall furnish all items as described in the statement of work.

9.2. Do not use VA dumpsters for disposal of scrap/waste without prior VA approval.

9.3. The contractor shall be responsible for providing any sample materials for awarded product (2-

Day Delivery) if requested by VA Interior Designer.

9.4. The product must not be placed into production without clearance from the VA COR.

9.5. The contractor shall track manufacturing schedule and notify VA Interior Designer with updates of estimated completion date by email.

9.6. The contractor shall provide 30 days free storage.

9.7. The Contractor shall provide a point of contact.

10. INSPECTION AND ACCEPTANCE

10.1. The Interior Designer or Contracting Officer Representative (COR) shall inspect the delivery and sign off of any and all missing or damaged products in the form of a delivery manifest, vendor provided.

10.2. The Interior Designer or Contracting Officer Representative (COR) shall ensure all delivery of merchandise is completed and received satisfactorily prior to acceptance.

10.3. Disputes shall be resolved by the Contracting Officer.

11. INTERFERENCE TO NORMAL FUNCTION

11.1. The selected vendor may be required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment and carts.

11.2. In the event of an emergency, work performance may be stopped and rescheduled at no additional cost to the government.

11.3. The selected vendor’s personnel shall inform the Interior Designer or the designee of the need to gain access to secured areas. If access is required to secure areas, prearranged scheduling will be made with Interior Designer or designee.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting. JUL 2016 52.212-4 Contract Terms and Conditions -- Commercial Items. JAN 2017 52.212-5 Contract Term and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. OCT 2018 52.219-28 Post-Award Small Business Program Rerepresentation. JUL 2013 52.222-26 Equal Opportunity. SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities. JUL 2014 52.225-1 Buy American – Supplies MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases. JUN 2008

CLAUSES INCORPORATED BY FULL TEXT

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL (OCT 2018)

Applies to this acquisition and the following addenda to the provision.

(a) The Offeror’s quotation shall be submitted electronically to the Points of Contact identified in the FBO combined synopsis/solicitation announcement by the date and time indicated.

(b) As part of your quote submission you are required to include price information. DUNS, Cage Code, tax ID, terms and conditions and Buy American Act Certificate required in clause 252.225-7000, as applicable.

(c) All firms must be registered in SAM at https://www.sam.gov at time of quote submittal in order to be considered for award. Please provide quote expiration date and best delivery schedule.

SUBMISSION OF QUESTIONS

Questions: All questions must be received by 08/28/2019. All questions submitted for this solicitation must be electronically sent to the following email address: Mayra.Barbosa@va.gov. Questions received after the stated date and time, may be addressed at the discretion of the Contracting Officer.

The solicitation will be in accordance with FAR Part 12, 13, and 19, Acquisition of Commercial Items, Simplified Acquisition Procedures, Small Business Programs, and Veteran Affairs Acquisition Regulations as supplemented with additional information in this notice. The North American Industrial Classification System (NAICS) code for this requirement is 339113 Size Standard 750 Employees. The Contractor shall adhere to all federal and state laws and regulations in effect during the term of this contract. The Government intends to award a firm-fixed-price contract. The Contract begins on the date of award. Due to time constraints, responses to the solicitation shall be due on Tuesday, September 3, 2019 at 11:00 AM PT. NO EXTRA TIME WILL BE GIVEN, Offerors are advised that it is your responsibility to review and monitor the website frequently to ensure you have the most up to date information, including amendments. Correspondence or questions may be directed to Mayra Barbosa, Contracting Specialist at Mayra.Barbosa@va.gov with “36C26219Q1215 and Mental Health Furniture” in the subject line within 48 hours of release of this notice. Telephone inquiries will not be honored. Inquiries after the allotted period may not be responded to due to the time constraints of the procurement. All offerors must be registered in www.sam.gov to do business with the Government.

Ensure your registration is correct, current and has not expired. Please include your DUNS number on your quote.

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical acceptability shall be established by review of each submitted quote, attachments, and/or information by the designated technical evaluator/s and verification that any “brand name” or “equal to items" meet all the salient characteristics included in this solicitation. No other rating or quantitative value other than acceptable or unacceptable will be assigned.

Once technical acceptability has been established, the Contracting Officer shall award to the Lowest Price Technically Acceptable (LPTA) IAW with ALL the Salient Characteristics in the

SOW.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-2(a) EVALUATION – COMMERICAL ITEMS (OCT 2014)

Applies to this acquisition. Evaluation will be based on low price technically acceptable IAW all the outlined salient characteristics.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS

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

(a) Definitions. As used in this provision--

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

https://www.sam.gov/

“Forced or indentured child labor” means all work or service—

(6) 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

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

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

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

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

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

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 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 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 $750,000 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 (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 business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to 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 http://www.sam.gov/ 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 CFR 124.1002.

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

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

(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.

(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 Order 11246 --

(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 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) or 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:

Line Item No.:

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

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(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 Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C.

§6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C.

§6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

[The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For…