C1a._RFP_70FBRLA18R0000001_(10_11_2018).pdf

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Federal Emergency Management Agency Region VI Louisiana Recovery Office (LRO) 1500 Main Street-2nd Floor Baton Rouge, Louisiana 70802

COMBINED SYNOPSIS/SOLICITATION

FOR

COMMERCIAL ITEMS

GENERAL INFORMATION

Document Type:

Solicitation Number:

Posted Date:

Deadline for Questions:

Proposal Due Date:

Classification Code:

Set Asides:

NAICS Code:

Combined Solicitation/Synopsis

70FBLA18R00000001

Thursday, October 11, 2018, 8:30 am, CST

Wednesday, October 17, 2018, 4:00 pm CST

Wednesday, October 24, 2018, 4:00 pm, CST

R430 – Support-Professional: Physical Security and Badging

Local, Small Business

561612 – Security Guards and Patrol Services

Description Place of Performance Solicitation Provisions and Contract Clauses

Provisions o FAR 52.209-5, Certification Regarding Responsibility Matters……….…3 o FAR 52.209-7, Information Regarding Responsibility Matters o FAR 52.209-11, Representation by Corporations Regarding

Delinquent Tax Liability or a Felony Conviction under any Federal Law………………………………………………………………………..6 o FAR 52.212-1, Instructions to Offerors-Commercial Items Addendum…………………………………………………………………6 o FAR 52.212-2, Evaluation – Commercial Items o FAR 52.212-3, Offeror Representations and Certifications – Commercial

Items o FAR 52.216-1, Type of Contract o FAR 52.219-1, Small Business Program Representation…………………24 o FAR 52.226-3, Disaster or Emergency Area Representation o FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside ... ……..27 o FAR 52.233-2, Service of Protest………………………………………...27 o FAR 52.252-1, Solicitation Provisions Incorporated by Reference… … . 2 8

Clauses o FAR 52.204-1, Approval of Contract o FAR 52.212-5, Contract Terms and Conditions Required to Implement

Statues or Executive Orders—Commercial Items o FAR 52.217-8, Option to Extend Services o FAR 52.217-9, Option to Extend the Term of the Contract o FAR 52.252-2, Clauses Incorporated by Reference o HSAR 3052.209-70 Prohibition on contracts with corporate expatriates ………………………………………………………………..36 o HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items ………………………………36 o Safeguarding of Sensitive Information………………………………… o NARA Requirements…………………………………………………

List of Attachments

TABLE OF CONTENTS

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation document will not be issued.

This solicitation is a Request for Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-101 September 26, 2018.

This requirement is for Armed Security Guards to provide security services at disaster related sites and facilities in support of the FEMA Region VI Louisiana Recovery Office (LRO). The Federal Emergency Management Agency (FEMA) uses contracted armed security guard services to safeguard federal employees, visitors and property at both temporary and fixed facilities during disaster and emergency declarations. Period of performance will be for ninety (90) days from date of award, with seven (7) ninety

(90) day option periods, and one (1) thirty (30) day option period.

This acquisition is 100% set-aside for small business concerns under NAICS Code 561612 with a size standard of $20.5 million. In addition, this acquisition is set aside for local area concerns in accordance with FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside.

All interested companies shall provide a Technical Proposal (Volume I) and a Business & Price Proposal (Volume II) for the services described in Attachment 1, Performance Work Statement (PWS) and Attachment 2, Performance Requirements Summary. Proposal submission Instructions are set forth in FAR 52.212-1, Instructions to Offerors Commercial Items Addendum.

Offerors shall be registered in the System for Award Management (SAM) to be eligible for contract award. https://sam.gov/portal/SAM/#1

PLACE(S) OF PERFORMANCE

The place(s) of performance for which Contract Security Guards will be required include:

1500 Main Street, Baton Rouge, LA 70802 Sherwood Forest Staging 2695 N. Sherwood Forest Drive Baton Rouge, LA 70814 Victoria Housing Site 3070 Victoria Drive Baton Rouge, LA 70805 Other sites or facilities may be identified by the FEMA Security Manager, as coordinated through the FEMA COR and FEMA CO.

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Provisions

52.209-5-Certification Regarding Responsibility Matters (OCT 2015) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) 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.

(iii) 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.

(iv) 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).

(ii) The Offeror has o has not o , within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, 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).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 – Information Regarding Responsibility Matters. (Jul 2013)

(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 proceeding 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 database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-1-Instructions to Offerors-Commercial Items (JAN 2017)

ADDENDUM

(a) Proposal Requirements

The proposal shall be prepared in two (2) parts: a "Technical Proposal” and a “Business & Price Proposal".

Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. The Technical proposal (Volume 1) shall not contain reference to price; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) shall be contained in the technical proposal so that the contractor's understanding of the Performance Work Statement (PWS) may be evaluated. The person signing the proposal shall have the authority to commit the offeror to all the provisions of the proposal.

Proposal Submission(s) shall consists of the following documents:

Volume I-Technical Proposal (10 page limit) Volume II-Business & Price Proposal (no limit)

(b) Content of Proposals

Each volume shall be marked with proposal number, title and Offeror's name. Pages shall be numbered.

The typewritten or printed letters shall be no smaller than 10 point or equivalent as the minimum size standard, with no reduction permitted except organization charts or other graphic illustrations; in those instances where reduction is allowable (no smaller than 10 point recommended). Offerors shall ensure that the print is easily readable. Each page shall have not less than one-inch margins on each side of the page. Header/footer information (which does not include any information to be evaluated) may be included in the 1’ margin space. Each 8 and 1/2 by 11 inch “sheet” shall count as one page. Foldouts for complete spreadsheets and/or organization charts are permissible up to 11" by 17" and shall count as two pages.

(c) Questions

Prior to submission of proposals, offerors are expected to reach a reasonable understanding of the requirements of this RFP by careful study of the RFP and by application of qualified knowledge and experience. If such a review establishes the need for correction or clarification of the RFP, such information should be brought to the attention of the Contracting Officer immediately, so that the matter can be resolved. All clarification questions regarding the solicitation must be submitted in writing to the Contract Specialist, Charmaine Hoffman at charmaine.hoffman@fema.dhs.gov. All questions are due to Charmaine.hoffman@fema.dhs.gov via email only (no phone calls) no later than Wednesdsay, October 17, 2018, 4:00 pm, CST.

(d) Proposal Delivery Instructions

FEMA will accept electronic submissions ONLY. Technical Proposals and Business & Price Proposals must be submitted on two separate attachments electronically by email (using PDF, MS word, and/or MS Excel) to the Contract Specialist, Charmaine Hoffman, charmaine.hoffman@fema.dhs.gov and Contracting Officer, Jules Shabazz, jules.shabazz@fema.dhs.gov. The Government email server has a size limitation of 12 MB per email (including attachments). Multiple emails may be required for proposal submission. Please reference the solicitation number (70FBLA18R00000001) and the number of email submissions in the email subject header. For example, “XYZ Vender Proposal for Solicitation number 70FBLA18R00000001, 1 of 2”, for submitting the first of two proposal submission emails. The Government’s email server (Government infrastructure) is the official initial point of entry for receiving responses/proposals to this solicitation. Late proposals, those proposals received into the Government infrastructure after the date and time noted above, will not be accepted. Please contact the Government officials listed above immediately if any technical problems occur during submission of a proposal.

(e) Proposal Submission Deadline

All proposals must be submitted and received by the Contracting Officer no later than Wednesday, October 24, 2018, 4:00 pm, CST.

(f) Alternate Proposal Information

Alternate proposals are not solicited, are not desired, and will not be evaluated.

(End of Provision)

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:

Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the technically acceptability standards. The lowest evaluated price will be based on prices offered for the base and option periods.

The acquisition and source selection are being conducted in accordance with the procedures of Federal Acquisition Regulation (FAR) Part 12 and 15. The acquisition will be a lowest price technically acceptable (LPTA) contract to one offeror. Proposals will be evaluated for acceptability but not ranked using the technical factors. A rating of “Unacceptable” in any of the below technical factors will render the entire proposal technically unacceptable and, therefore, not eligible for award. The following technical factors will be used to evaluate offers:

1. Work Plan & Proposed Personnel

2. Project Management Plan & Oversight

3. Quality Control Plan

4. Past Performance

Volume I: Technical Proposal-Evaluation Factors – Limit (10) Pages

Factor 1 – Work Plan & Proposed Personnel The contractor’s proposal shall be evaluated on its demonstrated ability to provide staffing necessary to accomplish the tasks outlined in the Performance Work Statement (PWS). The work plan shall fully describe the offeror’s proposed solution to achieve requirements of the PWS and address the offeror’s technical approach and methodology. The work plan shall be specific, detailed and complete enough to demonstrate the offeror has a thorough understanding of the requirements in the PWS. At a minimum, the offeror shall address the functions and disciplines involved for each objective, skill levels, and quantity of resources and methods of operation.

Factor 2 – Project Management Plan & Oversight The contractor’s proposal shall be evaluated on its demonstrated project management and oversight capability. Significant emphasis shall be placed on the contractor’s proposed plan to manage its workforce. The plan should seek to minimize the supervision and assistance from the FEMA Security Manager. The management plan shall demonstrate the offeror’s ability to direct and control the operation of this requirement both programmatically and on a daily basis in an efficient and cost effective manner. It shall also address how the offeror will manage risks (including both identifying and mitigating risks). The plan shall include a detailed discussion on how any subcontracted work will be managed and integrated to ensure efficient and effective services are provided. In addition, the contractor’s proposal shall include a transition plan. The transition plan shall include at a minimum all preliminary licensing and certifications required to initiate performance; process for transitioning predecessor employees; recruitment of new employees; and timeline showing procurement of required resources such as equipment and uniforms.

Factor 3 – Quality Control Plan

The quality control plan shall demonstrate the offeror’s ability to propose and execute a quality control plan, whereby the contractor manages and monitors the process and takes the appropriate corrective action to correct performance to meet program objectives. The QCP shall detail how the contractor shall assure the services in the PWS are being performed, when the QA shall be done, where the QA shall be done, and who shall be doing the QA for the services being performed and provide the roles and responsibilities of the persons that shall be performing the Quality Assurance checks, the frequencies of the QA checks and corrective action to be taken on deficiencies found.

The quality control plan shall discuss the offeror’s policies and procedures to ensure compliance with the contract requirements and its methods of documenting and enforcing quality control procedures of both the prime contractor and any subcontractors.

Factor 4: Past Performance

The past performance factor will assist the Government in assessing the relevance, breadth and quality of recent and relevant past performance on similar types of projects. The submitted past performance shall be of contractual work that is similar to the requirements set forth in the Performance Work Statement (PWS). If the offeror has no relevant corporate or organizational past performance, the offeror may substitute past performance of a predecessor company or of the offeror's proposed key personnel who have relevant past performance. Offerors shall provide a list of any contracts terminated for convenience or terminated for default within the last three years.

Past performance summaries shall be for projects completed in the last three (3) years or currently in process, which are of similar size, scope, and complexity. These projects should be relevant to the effort required by this solicitation. Contracts listed may include those entered into with the Federal Government, agencies of State and local governments, and commercial customers.

Contracts with the parent or an affiliate of the offeror may not be used.

The following information shall be provided for each referenced contract/project:

a. Program title or name

b. Contract number

c. Contract type

d. Brief synopsis of work performed

e. Brief discussion of how the work performed is relevant to this solicitation

f. Contract Value

The Government will consider the above information, as well as information obtained from any other sources, when evaluating the offeror’s past performance. The past performance evaluation will assess the Offeror's record of how well the Offeror did on relevant and recent work for government and private sector clients. The Government will not restrict its consideration to the information provided in the proposal and may consider any other available information. An offeror with no recent or relevant past performance will be assigned a rating of neutral for this factor.

Volume II: BUSINESS & PRICE PROPOSAL (no page limit)

All of the below business & price proposal information must be provided to be considered for contract award.

1. Completed Price Evaluation Worksheet, Attachment 4-Offerors shall complete the attached Pricing Worksheet. Do not change the government provided estimated level of effort; simply insert the fully burdened fixed hourly labor rate. The fully burdened fixed hourly labor rate shall be billed for actual labor costs incurred in performance of this contract. Sufficient competition is expected for this procurement, therefore, price analysis will be utilized to determine a fair and reasonable price. Price evaluation will be based on the total amount for all CLINs as proposed on the attached Price Evaluation Worksheet including the base period and each option periods.

2. Completed Representations, Certifications, and Other Statements of Offerors. Refer to FAR 52.212-3

3. Responsibility Matters-The offeror shall submit sufficient evidence of responsibility for the Contracting Officer to make an affirmative determination of responsibility pursuant to the requirements of FAR Subsection 9.104-1. Please include DUNS number with evidence of responsibility. Refer to FAR 52.209-5

4. Representation by Corporations Regarding Delinquent Tax Liability or Felony Conviction Under any

Federal Law. Refer to FAR 52.209-11.

5. Small Business Representation. Refer to FAR 52.219-1.

6. Disaster or Emergency Area Representation. Refer to FAR 52.226-3.

7. Documentation to support the Disaster or Emergency Area Representation. Refer to FAR 52.226-3.

Offeror shall present a copy of a current operating office building ownership/lease documentation as supporting evidence of any permanent office(s) and any office(s) in the set-aside area.

Offeror shall present supporting documents showing the offeror’s gross revenues during the past 12 months, including previous IRS tax year records, as supporting evidence that at least half of gross revenues were generated by office in the set aside area.

Offeror shall submit any additional documents necessary to support their Disaster or Emergency Area Representation. Refer to FAR 52.226-3.

Technical and past performance, when combined, are equal when compared to price.

(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)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (July 2016)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

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

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

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

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

“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 posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs . [Offeror to identify the applicable paragraphs at (c) through (r) 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 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:

LINE ITEM NO. COUNTRY OF ORIGIN

(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:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—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…