RFP 70LGLY20RGLB00003_A0005.pdf

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Department of Homeland Security (DHS) Federal Law Enforcement Training Centers (FLETC)

Uniform, Equipment Issue and Laundry Services RFP 70LGLY20RGLB00003, Amendment 0005

TABLE OF CONTENTS

SECTION A – SOLICITATION

SECTION B – SUPPLIES OR SERVICES

SECTION C – FAR AND HSAR CONTRACT CLAUSES

SECTION D – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART 1 - PERFORMANCE WORK STATEMENT

PART 2 - DEFINITIONS AND ACRONYMS

PART 3 – GOVERNMENT FURNISHED PROPERTY AND SERVICES

PART 4 – CONTRACTOR FURNISHED PROPERTY, SUPPLIES, AND SERVICES

PART 5 – SPECIFIC TASKS

PART 6 – REQUIRED PLANS AND DOCUMENTS

PART 7 – APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

PART 8 – SPECIAL CONTRACT REQUIREMENTS

SECTION E - SOLICITATION PROVISIONS

52.212-1 Instructions to Offerors - Commercial Items. (OCT 2018) ADDENDUM TO FAR 52.212-1 Instructions to Offerors Commercial Items (MAR 2020)

52.212-2 Evaluation - Commercial Items. (OCT 2014) ADDENDUM TO FAR 52.212-2 Evaluation - Commercial Items. (OCT 2014)

52.212-3 Offeror Representations and Certifications-Commercial Items. (OCT 2018)

Uniform, Equipment Issue and Laundry Services

SECTION E – SOLICITATION PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/.

(End of provision)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEP 2007) 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020) 52.204-17 Ownership or Control of Offeror. (AUG 2020) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV2015) 52.209-5 Certificate Regarding Responsibility Matters. (OCT 2015) 52.209-7 Information Regarding Responsibility Matters. (JUL 2013) 52.215-20 Requirements for Certified Cost or Pricing Data Other than Cost or Pricing Data. (OCT 2010) 52.217-5 Evaluation of Options. (JUL 1990) 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) 52.223-1 Biobased Product Certification. (MAY 2012) 52.223-4 Recovery Material Certification. (MAY 2008) 52.225-2 Buy American Certificate. (MAY 2014) 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-Representation and Certifications. (AUG 2018)

52.212-1 Instructions to Offerors - Commercial Items. (OCT 2018)

ADDENDUM TO FAR 52.212-1 Instructions to Offerors Commercial Items (MAR 2020)

(b) Submission of Offers.

1. Proposal submission instructions:

The Government intends to make one award without discussion with Offerors. The Government reserves the right to discuss submissions and/or ask clarification questions to contractors submitting a proposal if deemed in the Government’s best interest. The Contracting Officer will determine the responsibility of each proposal. A non-responsible and/or non-responsive proposal will preclude an evaluation and subsequent award.

The Offeror shall clearly present information adequate to evaluate fully each of the evaluation criteria listed in this solicitation. Therefore, the Offeror are advised to read carefully the entire Request for Proposal (RFP).

Any objections to the RFP requirements must be communicated with submission of written proposal for experience (Phase 1). Offeror’s Representations and Certifications [FAR 52.212-3 clause shall be filled in or statement that all representations and certifications are listed in System for Award Management (SAM)] are to be submitted with Phase 1 documentation in a Microsoft compatible format. This information will not be counted as the six (6) page limit.

All proposal clarifications/questions shall be sent to the Contracting Officer, via email address provided herein, on October 5, 2020 no later than 2:00 PM ET. Late questions/comments may not be considered. The Government will not provide any information concerning questions in response to telephone calls from Offerors. The Government reserves the right not to answer any or all Offeror questions. If questions/comments are answered, these will be

Uniform, Equipment Issue and Laundry Services posted on the https://beta.sam.gov website as a special notice. Offerors are strongly encouraged to seek clarification on solicitation requirements in lieu of submitting copious assumptions with their pricing proposal.

GENERAL INFORMATION

This source selection will utilize a two-phase advisory down-select process. Phase 1 and Phase 2 as described below:

1) Phase 1: Proposal (Volume 1) will consist of a written submission Factor 1 – Prior Experience only. After evaluating all submissions, each Offeror will be notified of its viability of being competitive into Phase 2, such that lower rated offerors may elect not to proceed in submitting further proposals.

2) Phase 2: Instructions on when to submit Phase 2 proposal (Volumes 2, 3 and 4 as described herein) will be provided at a later date via an amendment to this solicitation.

Phase 1: Offeror’s Volume 1 proposal shall be received by the Government on October 23, 2020 no later than 2:00 PM ET. Proposal documents are to be sent to the Contracting Officer via email address as listed below. The Contracting Officer will send an acknowledgement receipt of the Offeror’s proposal. The Offeror is responsible to confirm receipt of their proposal.

Contracting Officer – Maureen Corpus, maureen.corpus@fletc.dhs.gov

Offerors are to email only one (1) proposal. Submission of multiple proposals will not be accepted nor evaluated and could cause all proposals to be considered unresponsive. All submissions shall be marked ‘70LGLY20RGLB00003 Proposal Source Selection Material’ in the subject line.

Information furnished by the Contractor under this contract may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personally identifiable information must be clearly marked. Any information made available to the Contractor by the Government must be used only for carrying out the requirements of this contract and must not be disclosed or made known in any manner to any person except as may be necessary in the performance of the contract. In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and information and must ensure that all work performed by its Subcontractor(s) shall be under the supervision of the Contractor or the Contractor’s employees

Proposal must be prepared in accordance with the instructions and provide all required information in the format specified herein. Failure of a proposal to comply with these instructions may be grounds for exclusion of the proposal from further consideration.

Proposal must set forth full, accurate, and complete information as required by this solicitation, RFP 70LGLY20RGLB00003. There is a criminal penalty for making false statements.

Offeror is advised that the use of generalized statements as listed below will not constitute compliance with the requirements concerning the content of responses; thereby, rendering the proposal non-responsive.

a. …“the Offeror understands/the offer can and will comply with the requirements,”

b. …“standard procedures will be used,” “well known techniques will be used,” or

c. statements that paraphrase the requirements of the Performance Work Statement (PWS), RFP in whole or in part.

Volume 1: Phase 1 - Prior Experience only – Six (6) Page Limit:

The Offeror’s initial submission will be Volume 1 - Prior Experience only. This submission is to only include a cover sheet and a narrative concerning the Offeror’s experience as outlined below. Submission is limited to six (6) pages. First page of the six (6) pages is the cover sheet with at the minimum should include the solicitation number and contractor’s information (company name; address; point of contacts; email address and phone number; DUNs

Uniform, Equipment Issue and Laundry Services RFP 70LGLY20RGLB00003, Amendment 0005 number; and Unique Entity Identifier). Additional information to this cover sheet may be added. Each page is to be no larger than letter size (8.5X11 inches); front and back; font is to be no smaller than times new roman font 11; and Microsoft Office compatible. All tables, exhibits, etc., are to be included in the six-count page limit. This volume shall include the following for the Government’s consideration:

Provide a narrative that clearly and concisely demonstrates the Offeror’s prior experience, identify as Prime or Subcontractor, and knowledge to perform successfully the requirements within the Performance Work Statement

(PWS).

Offeror shall:

1) Reference and present contracts that has been performed within the past three years similar in scope and complexity of this requirement, in which the Offeror had provided uniform, equipment issue and laundry support.

Identify whether the Offeror performed as the prime contractor or subcontractor. The Offeror shall include the contract number, contract total dollar value, and a brief narrative regarding the project’s scope and complexity.

2) Explain how the prior experience and knowledge gained would allow you to perform successfully the requirements within this acquisition. Offeror may include the same information as listed above for subcontractors; however, all information prime and subcontractor’s experience shall not exceed the page limitation as stated above. The information shall be detailed sufficiently that the evaluators can determine whether the example(s) demonstrates the prime vendor’s experience.

Failure to participate in Phase 1 precludes further consideration of an Offeror to Phase 2. Offeror submissions will not be accepted from Offerors who have not submitted Phase 1 – Written Submissions by the due date and time stated in this solicitation.

The Government will only evaluate six (6) pages as listed above. If the offeror submits more than the limit listed;

then any extra pages will not be evaluated.

Volume 2: Phase 2 – Management and Technical Approach – Oral Presentation with Slides

A. Within three (3) days of the Government’s issuance of the Advisory Notice, Offeror planning to participate in Phase 2

- Oral Presentations shall provide the following to the Contracting Officer via email address as listed herein. The Contracting Officer will send an acknowledgement receipt of the Offeror’s proposal. The Offeror is responsible to confirm receipt of their proposal.

Phase 2 requirement to include:

Offeror shall submit: names of attendees, current employer, intended roles on the contract and identify whether they are key personnel as proposed. The number of contractor attendees shall be limited to no more than four (4) personnel or less shall be in attendance. No other person shall be in the room or listening in on the oral presentation.

An Adobe PDF document of the Offeror’s Representations and Certifications [Section C clauses filled in or statement that all representations and certifications are listed in System for Award Management (SAM)].

B. Upon timely submission of the items listed above, the Contracting Officer will provide the following:

1) A due date for the submission of the Offeror’s Slide Presentation Management and Technical Approach, Past Performance and Price will be provided via amendment to the solicitation. This due date will be approximately two (2) weeks from the issuance of the Advisory Notice.

Volume 2 – Slide Presentation (to assist in the oral presentation) Management and Technical Approach Volume 3 – Past Performance Volume 4 – Price

Uniform, Equipment Issue and Laundry Services RFP 70LGLY20RGLB00003, Amendment 0005

2) Removed see item #4 below.

3) Removed, see item #4 below.

4) Volume 2 shall be labeled Factor 2, Management and Technical Approach and shall contain a Table of Contents that shall list all the material in the submission and where it can be found. Volume 2 shall not exceed 30 consecutive pages, excluding the Table of Contents, (this includes any matrices, title pages, graphs, drawings, pictures, diagrams, etc., foldout pages are acceptable (8.5 x 14) for organization charts, but over five such pages will count as 1.5 pages against the 30-page limitation. All pages are to be numbered consecutively in Arabic numerals. (Note: A “page” consists of a single sheet of white paper, 8.5 inches wide by 11 inches long. All text shall be formatted to a font equivalent to Times New Roman with 12 Font. Characters are to be in black ink. All pages beyond the 30-page limitation shall be redacted and not considered for evaluation.

Volume 2: Management and Technical Approach

Offeror shall clearly demonstrate a feasible approach for controlling and managing the entire project and describe the Offeror’s general management/ technical approach structure including, but not limited to, the following:

At a minimum, Offeror shall demonstrate the following:

a. Lines of authority: Supervision, accountability including an organizational chart (reflecting total staffing numbers (full time/part time) by classification, distribution of personnel, proposed work hours) showing the relationship between overall management (corporate and on-site), administration, and supervision at the work site.

b. Management controls: For (i) procedures for recruiting and hiring reflecting potential sources of personnel and how these sources will enable the Contractor to provide personnel in a timely fashion; and (ii) procedures that will ensure personnel are available for work and peak hours are adequately covered.

c. Management and control: of government furnished facilities, uniforms, equipment, and any other Government furnished property

d. Phase-In/Orientation, Phase-Out, Contingency Plan: to include time schedule for all key events and responsibilities

e. Inventory control: Processes for inventory control accuracy of Government furnished equipment, and uniform inventory, replenishment, record keeping, and reporting with inventory management software such as SAMS, Intellitrack, or equivalent systems.

f. Staffing: Present a Staffing Plan that provides the Offeror’s approach ensuring that the Government has the required staff to meet the requirements of the Performance Work Statement. Information shall clearly depict labor classifications, and labor hours per classification per period of performance and within each CLIN structure. All cross utilization, if applicable, of personnel shall be clearly explained and depicted, to include relief personnel during performance of daily operations. The offeror shall identify the qualifications of proposed personnel functional categories. Any teaming (including subcontractor) arrangements and percentage of work to be performed by the prime contractor are described.

g. Customer Service: Present a customer service approach that provides the Offeror’s policies and procedures in a work environment to maintain and enhance a customer-oriented relationship between the Offeror’s staff and its customers.

Uniform, Equipment Issue and Laundry Services

Volume 3: Past Performance

The offeror shall provide information on at least three contracts performed (as a prime contractor or subcontractor) within the last three (3) years that is the same as or similar to this effort in terms of type, scope and complexity. To be considered, past performance data may not be older than three (3) years from the date of the proposal, and may include active contracts. The contractor shall include those contracts entered into by the federal government, agencies of state and local government, and commercial customers. Information shall not exceed six (6) pages (front and back no smaller than times new roman font 11 and Microsoft Office compatible).

If the offeror proposed teaming partner(s) or subcontractor(s) in response to this RFP, the offeror shall provide two additional past performance questionnaires for each teaming partner(s) and/or subcontractor(s) for contracts entered into by the federal government, agencies of state and local governments, and/or commercial customers.

The offeror shall include the following information on each contract submitted:

1) Name of Agency;

2) Primary Point of Contact (name, title, phone, and email);

3) Prime or Subcontractor;

4) Contract Number;

5) Contract Type;

6) Period of Performance;

7) Total Contract Dollar Value; and

8) Description of the work completed

Volume 4: Price

The offeror shall identify all resources required to accomplish the work required by the PWS. Price proposal shall include price for phase-in period, base period and all option periods.

i. The contract type for this contract is firm-fixed price (FFP). Include complete identification of all resources required to accomplish the work required by the PWS, delineating prime contractor from the subcontractor. This data will be utilized in assessing compliance associated with FAR Clause 52.219-14, Limitations on Subcontracting.

ii. Offerors shall provide a detailed breakdown of how it arrived at proposed costs as follows: Contract Line Item Number, Description, Service Contract Act (SCA) Occupation Code, Firm Fixed Price (FFP) Direct Labor Categories and Rates, for all proposed exempt and non-exempt positions; clearly identifying the proposed positions as exempt or non-exempt, full time equivalents for each labor category, productive hours, overtime hours and rate (if applicable based on technical proposal), proposed exempt and non-exempt fringe benefits, to include FUTA, SUTA, Workers Comp, Health & Welfare, Annual Benefit Funds, Burdened Labor Rates, Site and Individual Other Direct costs, Overhead, G&A, and Profit.

iii. For non-exempt positions not conformed through Department of Labor (DOL), the offeror shall provide rationale for development of the position and applicable wage rate in the cost/pricing rationale section of the price proposal. Subcontractor, if applicable, shall submit pricing detail correlating to that required herein. Should subcontractor information be considered proprietary, the subcontractor may submit information to the Contracting Officer at email address provided herein.

iv. Price proposal shall include completed price breakdown of all labor including material, supplies and other services in accordance to pricing section of the solicitation.

v. Price proposal shall include completed SF1449, Schedule B. In the event there is a discrepancy between sections of the price proposal and Schedule B, SF 1449 Schedule B will govern.

vi. All acknowledgement of amendments are to be included in the Price submission.

(c) Period of acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Uniform, Equipment Issue and Laundry Services

(d) Product Samples. Not applicable.

(e) Multiple Offers. Not applicable.

(f) Multiple awards. Not applicable.

(g) Availability of requirement documents cited in the solicitation. Not applicable.

Offerors are cautioned that any noncompliance with the terms and conditions of this solicitation may cause their proposal to be determined unacceptable.

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:

BASIS FOR AWARD: Best value shall be achieved by using the following source selection method as stated below.

PHASE 1: Factor 1 – Prior Experience

PHASE 2: Factor 2 - Management and Technical Approach (Oral Presentation) (Written Proposal) Factor 3 - Past Performance

Factor 4 - Price

Factor 1 is more important than Factor 2.

Factor 2 is more important than Factor 3.

The non-price factors (Factors 1, 2, and 3) when combined, are approximately equal to Factor 4 (Price). As ratings for Factors 1, 2, and 3 become equal, the importance of Factor 4 (Price) may increase.

All proposals received shall be evaluated in accordance with the instructions and evaluation process as described herein. The evaluation will necessarily entail the subjective and professional judgment of the Government evaluators.

One award shall be made to the Offeror whose proposal is determined to best meet the needs of the Government after consideration of all factors. This will be the proposal that provides the best value to the Government. The best Offeror will result in the most advantageous acquisition decision for the Government as determined by an integrated assessment. The Government may award any resulting contract to other than the lowest priced proposal, or other than the proposal with the highest non-price rating.

(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.

Uniform, Equipment Issue and Laundry Services

ADDENDUM TO FAR 52.212-2 Evaluation - Commercial Items. (OCT 2014):

PHASE 1:

FACTOR 1 - PRIOR EXPERIENCE

The Government will evaluate the extent to which the Offeror possesses the prior experience (either prime or subcontractor) and knowledge to successfully perform the requirements within the Performance Work Statement. The Government will assess prior experience of the proposed Offeror in providing Uniform, Equipment Issue and Laundry Services, in which services are being applied to the magnitude of FLETC historical data, to measure the likelihood of success in performing the solicitation’s requirements.

Based on this initial evaluation, each Offeror will be notified of the Government’s recommendation on continuing to the next Phase 2 of proposal submissions.

PHASE 2:

FACTOR 2 - MANAGEMENT AND TECHNICAL APPROACH

The Government will evaluate the management and technical approach to assess feasibility, with consideration of the staffing mix and resource allocation (including any subcontractors). Consideration will be given to the proposed management and technical approach to determine effectiveness, responsiveness, completeness, and the overall capability to achieve each performance objective and standard that reflects the best industry and/or commercial practices, standards and procedures for all services identified in the PWS, based on Government assessment of the work.

Management and Technical Approach shall be rated as follows:

Management and Technical Approach Ratings

RATING DEFINITION

High Confidence The Government has high confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the work.

Some Confidence The Government has some confidence that the Offeror understand the requirement, proposes a sound approach, and will be successful in performing the work.

Low Confidence The Government has low confidence that the Offeror understands the requirement, proposes a sound approach, or will be successful in performing the work.

FACTOR 3 – PAST PERFORMANCE

The Government reserves the right to obtain information for use in the evaluation of past performance through PPIRS, CPARS and/or all sources including sources outside of the Government. Past performance will be evaluated on the Offeror’s demonstrated experience in projects of similar size, scope and complexity. The evaluation will take into account performance of predecessor companies. Key personnel who has relevant experience (if applicable), or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition.

Offerors lacking relevant past performance history will not be evaluated favorably or unfavorably for past performance.

(1) The currency and relevancy of the information, the source of the information, context of the data and general trends in the contractor’s performance will be considered. The Government will perform an independent

Uniform, Equipment Issue and Laundry Services determination of the relevancy of the data provided or obtained. Relevancy is based on projects of similar scope and complexity to the project as described herein. The Government is not bound by the Offeror’s opinion of relevancy.

The Government will employ several approaches to evaluation of this element, including, but not limited to:

Information utilized may be obtained from the references listed in the proposal, as well as from other sources known to the Government. Data from previous source selections may be used if the data is recent and relevant. Evaluation of past performance will include consideration of overall customer satisfaction and conclusions of informed judgment.

(2) Offeror will be given an opportunity to address adverse past performance information if the Offeror has not had a previous opportunity to respond to the information. NOTE: In accordance with Federal Acquisition Regulation (FAR) 15.306, the Government “shall not reveal the names of individuals providing reference information about an Offeror’s past performance.” Recent contracts will be examined to ensure that corrective measures have been implemented. The evaluation will consider issues including the number and severity of problems, the appropriateness and/or effectiveness of any corrective actions taken (not just planned or promised), and the Offeror’s overall work record. Prompt corrective action in isolated instances may not outweigh overall negative trends.

(3) If an Offeror, does not have a past performance history deemed relevant to this solicitation, the Offeror will receive a neutral rating.

Please Note: If there are extenuating circumstances concerning any negative past performance, provide background information and references for validation.

Past Performance shall be rated as follows:

Past Performance Ratings

RATING DEFINITION

High Confidence The Government has high confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the work.

Some Confidence The Government has some confidence that the Offeror understand the requirement, proposes a sound approach, and will be successful in performing the work.

Neutral No performance record is identifiable upon which to base a meaningful performance rating. A search was unable to identify any relevant past performance information for the offeror. This is neither a negative or positive assessment.

Low Confidence The Government has low confidence that the Offeror understands the requirement, proposes a sound approach, or will besuccessful in performing the work.

FACTOR 4 – PRICE

(1) Evaluation of price will be conducted using one or more of the techniques as outlined in the FAR. Price will be evaluated to determine if the Offeror’s proposed price is fair and reasonable, complete, and balanced. The Government reserves the right to perform a price realism analysis if necessary at its sole discretion.

(2) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option periods possible under 52.217-8 (maximum of six months), Options to Extend Services, the Government will evaluate the option to extend services by adding six months of the Offeror’s final option period price to the Offeror’s total price. This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will

Uniform, Equipment Issue and Laundry Services not be included in the total awarded value at contract award. If, at the end of the contract’s period of performance (base or option periods) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period.

(3) Unbalanced Pricing may be evaluated in accordance with FAR 15.404-1(g), as applicable, to assess potential performance risk which could result in unreasonably high prices.

(4) Definitions.

Reasonableness. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

Completeness/Accuracy. The Offeror’s proposal is in compliance with the Price Volume instructions in the solicitation.

Realism. If a proposed price is deemed low to the Government, price realism may be reviewed. The Offeror’s understanding of the technical requirements as presented by the proposed price/cost and assessing the appropriateness of the labor categories, hours proposed, materials, and other ancillary items as they relate to the technical proposal.

Proposal is realistic and does not indicate increased risk to the Government in unsuccessful performance.

Unbalanced. Unbalanced pricing exists, when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by application of cost or price analysis techniques.

52.212-3 Offeror Representations and Certifications-Commercial Items. (OCT 2018)

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.

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;

Uniform, Equipment Issue and Laundry Services

(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.

Uniform, Equipment Issue and Laundry Services

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

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

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

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

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

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

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

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

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(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)(l) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

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

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

(ii) It □ is, □ is not a joint venture that complies with the requirements of l3 CFR part l27, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

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

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

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

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

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

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

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

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

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

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of l3 CFR Part l26, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C.

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

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

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

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)

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

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

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian,…