70Z080-18-Q-16001B00.docx

70Z08018Q16001B00

COMBINED SYNOPSIS / SOLICITATION

70Z08018Q16001B00 87’ WBP Water Closets

NOTICE FOR FILING AGENCY PROTESTS

It is the policy of the United States Coast Guard to issue solicitations and make contract awards in a fair and timely manner. Parties who believe a specific procurement is unfair or otherwise defective are encouraged to use the Coast Guard Ombudsman Program for Agency Protests (OPAP), rather than filing a protest with the Government Accountability Office (GAO) or other external forum. The OPAP is designed to resolve contractor protests in a faster, less expensive manner. Concerns of interested parties can be resolved through independent, government binding adjudication taking place outside the procuring activity's chain of command.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal forum with the Ombudsman. Interested parties should first direct their concerns to the responsible contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the OPAP. Under this informal process, the agency is not required to suspend contract award performance. In order to ensure a timely response, interested parties should provide the following information: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable)

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, the protester may file a formal agency protest with the contracting officer or the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined to be in the best interest of the government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. If the protester fails to submit the required information, as outlined in Federal Acquisition Regulation (FAR) 33.103, resolution of the protest may be delayed or the protest may be dismissed. To be timely, protests must be filed within the period specified in FAR 33.103(e).

Formal protests filed under the OPAP program may be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed

Protests filed under the OPAP program should be submitted to:

Department of Homeland Security United States Coast Guard (CG-91) Ombudsman Program for Agency Protests Email: OPAP@uscg.mil

The Ombudsman Hotline telephone number is 202.372.3695.

More information about the Ombudsman Program for Agency Protests (OPAP) can be found at http://www.uscg.mil/acquisition/business/ombudsman.asp

Alternative Point of Contact:

Jennifer B. Lucas Phone: (410) 762-6649 E-mail: jennifer.b.lucas@uscg.mil

The U.S. Coast Guard Surface Forces Logistics Center intends on awarding a Firm-Fixed Price Requirements type contract for the overhaul of the brand name Evac Oy Water Closet, part number 5470513 in support of the 87’ WPB Coastal Patrol Boats.

The water closets listed are manufactured by Evac Oy, the original equipment manufacturer (OEM). To assure proper Form, Fit and Function of the units, only OEM parts shall be used to complete the overhaul. OEM parts are purchased through a distributor network of authorized sellers. Any third party who is not listed in Evac’s distribution network would have to go through one of those dealers to obtain the parts required for the overhauls. Items submitted under this solicitation which are other than OEM parts will be rejected as unacceptable.

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement will be satisfied using FAR Part 13.5, Simplified Procedures for Certain Commercial Items.

II. This solicitation is a Request for Quotation (RFQ). Solicitation number 70Z080-18-Q-16001B00 is assigned to this procurement for tracking purposes only.

III. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular FAC 2005-99.

IV. The North American Industry Classification System Code is 811310, with a small business size standard of 7.5 mil average annual receipts. This combined synopsis/solicitation is being issued as unrestricted.

V. A list of the contract line item numbers to be acquired can be found under Attachment 2, Contractor Pricing and CLIN List for base year and 4 option years. Insert unit prices for all CLINs listed in the Schedule. Unit prices shall include shipping cost, fee on board (F.O.B) destination and the cost of packaging, marking and bar-coding, in accordance with this solicitation, the attached specification, and the Preservation, Packaging & Marking document (Attachment 4).

VI. DESCRIPTION OF THE REQUIREMENT: The Coast Guard has determined, consistent with 13.501(a)(2)(i), that there is only one responsible source for the parts associated with performing the overhauls and no other supplies will satisfy agency requirements. The statutory authority permitting other than full and open competition is 41 U.S.C. 1901, as implemented as FAR Part 13.5, Simplified Procedures for Certain Commercial Items.

The contractor shall overhaul the Water Closets in accordance with specification R-644-0635, Overhaul of U.S. Coast Guard 87’ WPB Water Closets, found under Attachment 1. The contractor shall use genuine OEM parts to perform the overhauls. Failure to read the specification in its entirety will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror’s risk.

All quotes submitted in response to this solicitation shall stand firm for 60 calendar days from the response date of this solicitation.

Contract Type: The U.S. Coast Guard (USCG), Surface Forces Logistics Center (SFLC) intends to award a single firm-fixed price requirements contract. Under this contract, the Coast Guard will issue delivery orders to the contractor. Delivery Orders may be issued by mail, e-mail, facsimile, and orally (followed up in writing).

Period of Performance: The performance period for this requirement includes one (1) base year and four (4) one-year option periods. The base period of this requirements contract will begin on date of award for twelve months thereafter. The first year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the base year. The second year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the first option period. The third year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the second option year. The fourth year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the third option year.

Place of Performance: The work will be performed at the Contractor’s facility.

Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made under this contract. The quantities specified on this solicitation are only an estimate. The Government may order more or less depending on actual needs.

Ordering: The U.S. Coast Guard will issue individual delivery orders for the services outlined in the attached CLINS as authorized by the Contracting Officer or the authorized representative of the Contracting Officer. Orders may be issued by mail, e-mail, facsimile, and orally (followed up in writing).

Individuals Authorized to Place Orders: The U.S. Coast Guard, Surface Forces Logistics Center, CPD C&P1, Patrol Boat Product Line is the only contracting offices authorized to place orders against this Contract.

Each delivery order will be individually funded.

VII. FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

a) The Government REQUIRES delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

CLIN

The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. Offeror shall complete Attachment 3, Offeror’s Proposed Delivery Schedule. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

CLIN

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date; the offer will be considered nonresponsive and rejected.

(End of Clause)

PLACE OF DELIVERY – DESTINATION

All items shall be delivered F.O.B. Destination to the following address between the hours of 7:30 a.m and 3:30 p.m Monday through Friday:

U.S. Coast Guard Surface Forces Logistics Center

**Note: The Government reserves the right to request direct delivery. Partial shipments may be accepted.

**Note: Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense.

VIII. FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Jan 2017) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. (ADDENDUM)

A. To ensure timely and equitable evaluation of the quotation, the offeror must follow the instructions contained herein. The quotation must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

B. The contracting officer has determined there is a probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional data will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit cost and pricing data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

C. Submission of offers. Submit signed and dated quotes electronically to Dana Solomon at Dana.D.Solomon@uscg.mil on or before August 10, 2018, by 4:00 PM Eastern Standard Time. Documents may have to be compressed into a Zip file or sent in separate emails due to USCG email size restrictions. As a minimum, offers must show:

(1) The solicitation number;

(2) The Company Name, DUNS Number, Solicitation Number, Company Address and Point of Contact Name, Telephone Number and E-mail Address

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

(4) Warranty Information - Standard Manufacturer’s Warranty, see Warranty section of this solicitation on page 29

(5) Price and any discount terms;

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

(7) Acknowledgment of Solicitation Amendments;

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

D. Specific Instructions:

The quotation shall be submitted electronically with six (6) attachments:

· Attachment 1: Technical Capabilities Statement which details your ability to provide genuine OEM Evac Oy parts

· Attachment 2: Past Performance documentation

· Attachment 3: Price – please enter pricing data to Attachment 2, Contractor Pricing and CLIN

· Attachment 4: Delivery Schedule – Please enter schedule date to Attachment 3 Offeror’s Proposed Delivery Schedule

· Attachment 5: Warranty Information – Standard Manufacturer’s Warranty

· Attachment 6: Reps. and Certs

Page Count

PLEASE NOTE: QUOTES THAT DO NO INCLUDE ALL REQUIRED DOCUMENTS MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED

· Questions are due via email no later than July 23, 2018, by 4:00 PM Eastern Standard Time to email address Dana.d.Solomon@uscg.mil. After this date further request may not be accepted due to time constraints. Keep in mind that any questions that are important, such as those that create needed changes to the specification, will still be addressed regardless of the time it was received. A determination will be made as to whether the change dictates an extension to the solicitation closing date and deadline for questions. All answers to questions will be provided in SF 30 Amendments to the RFQ and will be furnished to all prospective offerors. Receipt of all amendments must be acknowledged by signing each amendment and providing them with the quote/proposal by the RFQ due date/time.

· Quotations are due no later than August 10 2018, by 4:00 PM Eastern Standard Time to Dana.d.Solomon@uscg.mil.

· All submissions shall include 70Z08018Q16001B00 in the subject line of the email. All offerors submitting quotations must be registered and active in SAM. https://www.sam.gov at time of submittal. If you are not actively registered in SAM, your quotation will not be considered.

· Late submissions will not be accepted.

IX. FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) (ADDENDUM)

(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:

The contract award decision will be based on whether the lowest priced of the quotations having the highest past performance rating possible represents the best value when compared to any lower priced quotation. This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply.

(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)

EVALUATION

Factor I – Price: Quotations submitted shall represent the best price in response to the Request for Quotation (RFQ). The price shall be evaluated to determine fairness and reasonableness. Offerors are required to provide prices for all items/CLINs for the Base and all Option years. All prices on CLINS (Attachment 2) shall be a firm-fixed price and shall indicate FOB Destination as referenced in FAR 52.247-34 (NOV 1991). The total of all CLINS shall be added together to arrive at an aggregate total. Shipping or transportation cost will also be considered. This contract requires QA site inspections. Foreseeable cost for these inspections will be calculated for the purpose of price evaluation only.

Factor II: PAST PERFORMANCE:

Past performance will be evaluated to determine the Offeror’s capability to successfully meet the performance requirements. Evaluation of past performance will be subjective, based on consideration of all relevant past performance information obtained by the Government.

An Offeror without a record of relevant past performance will be given a “Neutral” rating on the Past Performance factor. However, the quotation of an Offeror with no relevant past performance history, while rated Neutral in past performance, may or may not represent the most advantageous quotation to the Government and thus, may or may not be a successful quotation when compared to the quotations of other Offerors.

Past performance will be evaluated for relevance based on the past performance narrative included in the Offeror’s quotation. If an example of past performance is determined to be non-relevant, it will not be further evaluated for quality of performance. For those past performance examples determined to be relevant, the Past Performance Evaluation will be based on the following sub-factors listed in descending order of importance.

Offerors shall furnish the information listed below for at least two (2) relevant past performance references completed within the last three (3) years from the posting date of this solicitation as evidence of experience successfully performing overhauls that are relevant to this requirement (i.e., the same or similar requirement) and are held with government (federal, state, local), private or commercial entities. Note: The Government may use past performance information obtained from any source to evaluate past performance. All information obtained will be used to determine the offeror’s ability to perform the contract successfully.

Offeror’s shall present this information for each reference in the following format:

Name of Company/Organization:

Contract Number:

Contract Type/Amount:

Period of Performance:

Description of Supply or Service:

First Point of Contact (Name):

Phone Number:

E-Mail Address:

Second Point of Contact (Name):

Phone Number:

E-Mail Address:

Each offeror’s past performance will be evaluated according to the following factors:

· Quality of Product or Service Did the customer get what was specified?

Did the customer consider the final product high in quality?

If warranty issues arose, were they promptly corrected?

· Schedule Was the contract completed on time? If not, reason why not (growth work, Contractor delayed, government delayed?)

· Business Relations How was the customer service? Was the Contractor committed to customer satisfaction?

Would you use this company again (Why/Why not)?

· Management of Key Personnel Were subcontracts involved? Comments?

In evaluating offerors past performance, the government intends to review U.S. Coast Guard Contractor Performance Assessment Reports and other existing past performance rating on relevant contracts. General trends in an offerors performance will also be considered.

The offerors shall include past performance information for any teaming partners to be utilized during performance and must be relevant to the scope of work they may perform under the Requirements Contract resulting from this solicitation.

References other than those provided by the Offeror may be provided by the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance such as government databases and internal organization.

Offerors lacking relevant past performance history will receive a Neutral Rating for past performance. The offeror will be evaluated neither favorably nor unfavorably on past performance. Relevant Past Performance history will be rated higher than Neutral past performance.

Factor III: Technical Acceptability: Technical Acceptability will be evaluated on a pass/fail basis. The overhauls performed for this requirement must be completed utilizing only genuine (OEM), Evac Oy parts. In order to be determined technically acceptable, the offer shall provide a Technical Capability statement which documents their ability to obtain genuine OEM parts they must certify that all component parts that will be supplied for the overhauls are genuine OEM Evac Oy parts.

Award may be made without any type of discussions or negotiations. This is based on the Contracting Officer’s determination after an evaluation has been completed on all offers.

(End of Provision 52.212-2 Addendum)

X. Offerors must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, with its offer.

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (Nov 2017), ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. 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.

“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.

“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.

“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.

“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 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 http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), 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 (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

(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:

[List as necessary]

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

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

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

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

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

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

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

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

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

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

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

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

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

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

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500…