S1.lov,_WTGB_140_foot_PC_Mod_FY19,_Solicitation_3.doc

COMBINED SYNOPSIS/ SOLICITATION

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart12.6, supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued.

The solicitation is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC FAC 2019-02 Effective 5 June 2019. This requirement is being solicited unrestricted using FAR Part 12 Acquisition of Commercial Items and FAR 13.5 Simplified Procedures for Certain Commercial Items. The NAICS Code is 541330 – Engineering Services with a small business size standard of $15 Million. The solicitation number is 70Z085-19-Q-P45C62.

SCHEDULE OF SUPPLIES/SERVICES: See Attachment 1.

DESCRIPTION OF WORK: The Contractor shall modify, replace, repair, or maintain the existing ship propulsion monitor and control system for nine 140’ WTGB class cutters. The main objective is to provide services which ensure the control system meets the desired operating parameters all in exact accordance with the attached specification and this solicitation. See Attachment 2. Some specifics of note:

PARTS

Because this is an open engineering requirement the Coast Guard is not specifying to contractors the specific parts needed; instead the Coast Guard expects vendors to propose/specify the parts they will need. If replacement of existing equipment is deemed necessary, the Contractor shall use COTS (Commercial Off-the Shelf) equipment and shall not use proprietary software or hardware.

DATA

With regard to data rights (i.e. all intellectual property including software, firmware, and associated documentation etc… developed for this contract shall become the property of the government).

DELIVERY DATES

For each line item the vendor shall propose the not later than (NLT) delivery date for that item.

TECHNICAL REPRESENTATIVE TRAVEL FOR TEST SUPPORT

It is anticipated the technical representative will need to travel for test support trouble shooting. However since the exact amount of travel for test support trouble shooting is unknown at this time, any travel necessary in this regard will be handled through the change request process where the vendor will quote a price for this travel as the need is identified and the additional cost will be added to the contract via modification.

The scope of work shall include the requirements noted in the specification and may include work that is not currently listed as Definite Items.

CONTRACT TYPE: This solicitation is a request for quotes (RFQ) that will result in the award of a firm fixed price contract solicited under FAR PART 12 and FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items, subject to availability of funds.

CONTRACT PERIOD OF PERFORMANCE: The performance period for this requirement is:

Base Year: 1 October 2019 through 30 September 2020.

Option Year 1: 1 October 2020 through 30 September 2021 Option Year 2: 1 October 2021 through 30 September 2022

Option Year 3: 1 October 2022 through 30 September 2023

Option Year 4: 1 October 2023 through 30 September 2024

PLACE OF PERFORMANCE: The place of performance is the contractor’s facility and Coast Guard vessels.

QUESTIONS: It is strongly encouraged to submit questions regarding this solicitation by 15 August 2019 at 9:00 am Pacific Time to allow adequate time for response. After this date further requests may not be accepted due to time constraints. Submit questions to Andrew.G.Jacobs@uscg.mil and Rosalie.H.Ignacio@uscg.mil using Attachment 4 - Request for Clarification.

QUOTATION DUE DATE: Your quotation must arrive no later than 30 August 2019 at 9:00 am Pacific Time; Quotations may be sent via electronic mail (e-mail) to Andrew.G.Jacobs@uscg.mil and Rosalie.H.Ignacio@uscg.mil.

ANTICIPATED AWARD DATE: The anticipated date of award is approximately 27 September 2019.

FAR Clauses In By Reference

FAR 52.215-20

ALT IV

Alt I JUL 1995

FAR Clauses in Full Text

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (DHS-USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause)

FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

I If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of Provision) FAR 52.211-11 – LIQUIDATED DAMAGES – SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEPT 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $500.00 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default – Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default – Fixed-Price Supply and Service clause in this contract.

(End of Clause)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018) ADDENDUM

All pages in the quote shall be numbered and identified with the quote’s name and RFQ Number 70Z085-19-Q-P45C6200. Subsequent revisions should be similarly identified to show revision number and date.

A. REQUIRED DOCUMENTS:

Offerors shall submit the volumes noted below each as a separate document file. The minimum font size is 12, excluding graphics and tables which may use a font size smaller than 12. All quotes shall be emailed.

Volume

Title

Page Limit

Volume I

Administrative/Price

None

Volume II

Past Performance

3 pages

Volume III Technical 40 pages Each Volume should contain the following information:

Volume I – Administrative/Price - The Offeror shall provide the following in its Volume I in order to be considered complete:

1. Cover letter with quoter’s address, DUNS and other information completed.

2. Amendments, as applicable

3. Attachment 1- Section B Schedule of Services/Supplies filled out with a cost associated with each CLIN.

4. Past Performance Documentation (Attachment 3)

5. Proof of Insurance (Statement of Coverage from current Insurance carrier)

6. List the names of ALL Sub-Contractor’s that your company intends to subcontract for the CLIN Item(s) listed in the Schedule of Supplies/Services.

7. **ALL Technical Representative Certifications for BOTH PRIME AND SUBCONTRACTORS as specified in the specification.

8. Completed FAR 52.212-3 Offeror Representations and Certifications-- Commercial Items.

Volume II – Past Performance: The Offeror shall provide the following in its Volume II and in accordance with FAR 15.305(a)(2)(i). In order to be considered complete, the Offeror shall submit at least two (2) but no more than four (4) recent, relevant (with similar scope and size when compared to this project) federal, state or local government or private contracts performed during the last three (3) years. Offerors who lack the requisite past performance contracts shall submit a statement indicating as such. The quality of past performance and relevance of past performance will be evaluated. More relevant past performance will receive greater weight in the evaluation. This will result in an overall performance confidence assessment of the offeror's ability to perform the effort described in the RFQ.

Contracts submitted may include those entered into by the Federal Government, agencies of state and local governments, foreign governments and commercial customers. References other than those provided by the offeror may be contacted by the Government to obtain additional information that shall be used in the evaluation of the vendor’s past performance.

Volume III – Technical: The Offeror shall provide the following in its Volume III in order to be considered complete: (1) a document entitled "Technical Data" that provides confirmation (with adequate supporting information/documentation) that the offeror either possess the technical data essential to perform the work outlined in the Statement of Work, or they have a practiced and proven method of gathering the data from the existing system. (2) a document entitled “Past Experience” which describes in detail the offeror’s specific past experience with the initial programming, hardware integration, and ongoing support of machinery control systems on sea going vessels. (3) a document entitled “Facilities” which describes in detail the facilities at the offeror’s disposal to accommodate the elaborate design, planning, and testing portions within the scope of work. (4) a document entitled “COTS” that provides confirmation (with adequate supporting information/documentation) that the offeror has the ability to obtain Commercial Off The Shelf (COTS) equipment required to make this configuration. (5) a document entitled “Incumbent Vendors” which provides details on how the offeror plans to work with the Coast Guard and incumbent vendors (TECO-Westinghouse and Nidec-Avtron) in troubleshooting technical problems encountered in the system after delivery. It will ideally also address their ability to provide shipboard technical support simultaneously in different locations and provide after-hours support. (6) a document entitled “Quality Assurance Plan” which provides details on the offeror’s quality assurance plan, including their plan to minimize technical risk and complete development work within the allotted time frame, expected to be about 180 days. (7) a document entitled “Production Plan” which provides a sample production plan to accomplish the work required by the solicitation. (8) any exceptions/assumptions taken with regard to the SOW or any other aspect of the RFQ or any other information that the Offeror finds necessary and pertinent to their offer.

Email submission shall not exceed 10 MBS.

PLEASE NOTE: QUOTES THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED.

(End of Provision)

FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

A contract will be awarded to the offeror determined to represent the best value to the Government. IAW FAR 15.101-1, the Government will determine best value using the tradeoff process. The tradeoff process will lead to an award decision that is made on the basis of trade-offs between the following price and non-price evaluation factors:

Volume I Factor 1:

Price

Volume II Factor: 2 Past Performance

Volume III Factor: 3 Technical Sub-Factor 1: Technical Data

Sub-Factor 2: Past Experience

Sub-Factor 3: Facilities

Sub-Factor 4: COTS

Sub-Factor 5: Incumbent Vendors

Sub-Factor 6: Quality Assurance Plan

Sub-Factor 7: Sample Production Plan

Selection and award will be based on the above evaluation factors. The technical subfactors are equal in importance. Technical and Past Performance are of equal importance and are each more important than Price. Technical and Past Performance, when combined, are significantly more important than Price. Thus award will be made to the quote that presents the best value, all factors considered, and may not necessarily be made to the lowest price quote.

FACTOR 1 PRICE

A price analysis will evaluate the total quoted price for all CLINs. Although price is not the controlling factor in award of a contract, it is an important factor and shall not be ignored. The degree of its importance will increase with the degree of the equality of the offers in terms of the other evaluation factors upon which selection is based. If competing offers are substantially equal in technical and relevant past performance, price may be the controlling factor in award.

The price shall represent the best price in response to the request for quote. The price shall be evaluated to determine fairness and reasonableness. Offerors are required to provide firm fixed-prices for all CLINs for the Base and all Option years. The total of all CLINs will be added together to arrive at an aggregate total which will be used for the trade-off evaluation. Award may be made without any type of discussions or negotiations. The Government reserves the right to award to other than the lowest-priced offeror.

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).

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.

FACTOR II PAST PERFORMANCE

The Government will evaluate each Offeror’s Past Performance for quality and relevancy related to the services to be performed under the RFQ. These evaluations will result in an overall performance confidence assessment of the offeror's ability to perform the effort described in the RFQ. This assessment will represent the Government’s judgment of the probability of the offeror successfully accomplishing the proposed effort based on the offeror's demonstrated past performance history. Offerors who lack the requisite past performance contracts shall submit a statement indicating as such.

In evaluating offeror’s past performance, the Government intends to review Past Performance Information Retrieval System (PPIRS). General trends in an offeror’s performance will also be considered. Offerors lacking recent, relevant past performance history will receive a Neutral Rating for the Past Performance factor. The offeror will be evaluated neither favorably nor unfavorably on past performance.

Each offerors past performance will be evaluated according to the following ratings and will be assigned an overall Confidence rating as a result.

PAST PERFORMANCE QUALITY RATINGS

PAST PERFORMANCE RELEVANCE RATINGS

Not Relevant

Past performance provided involved little or none of the scope or size of the SOW

The overall confidence rating shall be assessed after the evaluation of the offeror’s quality and relevance of their past performance. This rating will be based on the offeror’s performance as it relates to the probability of successfully accomplishing the current proposed effort in accordance with the following:

PAST PERFORMANCE CONFIDENCE RATINGS

FACTOR III TECHNICAL

The Government will evaluate each Offeror’s Technical Volume to determine the Offeror’s capacity to perform all the requirements outlined in the SOW, as well as the contractor’s provision of everything called for in all the Sub-Factors noted below.

The sub-factors are of equal importance. The overall Factor rating will be based on consideration of the sub-factor ratings and evaluations.

Sub-Factor 1, Technical Data: The Government will evaluate each offeror’s Technical Data document to determine that the requested information has been provided and is realistic.

Sub-Factor 2, Past Experience: The Government will evaluate each offeror’s Past Experience document to determine that the requested information has been provided and is relevant.

Sub-Factor 3, Facilities: The Government will evaluate each offeror’s Facilities document to determine that the requested information has been provided and adequate capacity has been shown.

Sub-Factor 4, COTS: The Government will evaluate each offeror’s COTS document to determine that the requested information has been provided and adequate capability has been demonstrated.

Sub-Factor 5, Incumbent Vendors: The Government will evaluate each offeror’s Incumbent Vendors document to determine that the requested information has been provided and is sufficient.

Sub-Factor 6, Quality Assurance Plan: The Government will evaluate each offeror’s Quality Assurance Plan document to determine that the requested information has been provided and is sufficient.

Sub-Factor 7, Sample Production Plan: The Government will evaluate each offeror’s Production Plan document to determine that the requested information has been provided and is sufficient.

Technical Evaluation Rating

PARTS

Because this is an open engineering requirement the Coast Guard is not specifying to contractors the specific parts needed; instead the Coast Guard expects vendors to propose/specify the parts they will need. If replacement of existing equipment is deemed necessary, the Contractor shall use COTS (Commercial Off-the Shelf) equipment and shall not use proprietary software or hardware.

DATA

With regard to data rights (i.e. all intellectual property including software, firmware, and associated documentation etc… developed for this contract shall become the property of the government).

DELIVERY DATES

For each line item the vendor shall propose the not later than (NLT) delivery date for that item.

TECHNICAL REPRESENTATIVE TRAVEL FOR TEST SUPPORT

It is anticipated the technical representative will need to travel for test support trouble shooting. However since the exact amount of travel for test support trouble shooting is unknown at this time, any travel necessary in this regard will be handled through the change request process where the vendor will quote a price for this travel as the need is identified and the additional cost will be added to the contract via modification.

(End of Provision)

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—

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

(b)

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

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

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

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Representations required to implement provisions of Executive Order 11246 --

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

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

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

(2) Foreign End Products:

[List as necessary]

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

(g)

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

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

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

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

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

(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…