A.07.23 Solicitation W912DW20R0035.pdf

SEE ADDENDUM

(No Collect Calls)

W912DW21R0035 21-May-2021

b. TELEPHONE NUMBER

206-764-3781

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 21 Jun 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DW9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JUSTICE M HENRIE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

206-764-6817FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$30,000,000

NAICS:

221310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF40

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912DW21R0035

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

Introduction: These are offered instructions for the submission of proposal for Request for Proposal (RFP) No. W912DW-21-R-0035, titled “Domestic Whole-house Filter (WHF) Systems for

Groundwater at Moses Lake Wellfield Superfund Site” located in Moses Lake, WA.

1. NOTE: Site visit is deemed unnecessary and will not be provided.

REPRESENTATIONS AND CERTIFICATIONS CONTAINED HEREIN MUST BE

COMPLETED BY PROPOSALRS AND RETURNED WITH OFFERS:

The contractor receiving an award is required to be registered in the SAM (System for Awards

Management)

PROSPECTIVE OFFERORS: Contractors are required to be registered in the System for Awards Management (SAM) for awards resulting from solicitations.

This rule more efficiently implements the Debt Collection Improvement Act of 1996, as it requires contractors to be registered in SAM for consideration of future solicitations, awards, and payment.

Registration is required prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement from a solicitation.

LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFER INELIGIBLE

FOR AWARD.

The web site may be accessed at www.sam.gov

The offeror/Proposalr must provide pricing for all items in the solicitation for its Proposal to be acceptable to the Government. All Proposald items must meet the requirements of the Request for Proposal (RFP) including specifications stated in all attachments. The offeror should list any special features or warranty information applicable to the Proposald product(s).

2. (PROPOSAL) COMPOSITION AND SUBMISSION

General Requirements: Proposals must set forth full, accurate, and complete information as required by this Request for Proposal (RFP). Absence of information demonstrates the lack of support for a criterion.

Proposals shall contain only data essential for evaluation of proposals to expedite both the RFP proposal preparation and evaluation. Data submitted must reflect the Offeror’s interpretation of criteria contained in the RFP (See 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014))

Submit your proposal in two parts: (a) Technical proposal, and (b) Price proposal. Submit each part in a separate envelope or package with the type of proposal (e.g., technical or price) clearly printed on the outside of the envelope or package.

Proposals are to be on 8-1/2 x 11-inch paper, to the maximum extent practicable, and submitted in standard letter (8-1/2 x 11-inch) hardback loose-leaf binders. Contents of binders shall be appropriately tabbed and labeled corresponding to the proposal table of contents, affording ease of identification.

Reference FAR Clause 52.204-4(b) Printed or Copied Double-Sided on Recycled Paper. In accordance with Section 101 of Executive Order 13101 of September 14, 1998, Greening the Government through

Waste Prevention, Recycling, and Federal Acquisition, the Contractor is encouraged to submit paper documents, such as offers, letters, or reports, that are printed or copied double-sided on recycled paper that meet minimum content standards specified in Section 505 of Executive Order 13101, when not using electronic commerce methods to submit information or data to the Government.

Number pages consecutively. There shall be no consideration of information incorporated by reference or reiteration of the RFP. Proposal presentation shall be in a manner which allows it to “STAND ALONE” without need for evaluators to reference other documents. It is allowable to combine arrangements, layout plans, and notes on single sheets in order to simplify presentation, so long as there is maintenance of clarity. Elaborate brochures or other presentation materials beyond those sufficient to present complete and effective responses are unnecessary and may give the appearance of an Offeror’s lack of cost-consciousness. Elaborate artwork, expensive paper and bindings, and expensive/extensive visual aids and other presentation aids are neither necessary nor wanted. Penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

Offerors are required to meet ALL solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. The Offeror shall submit in the proposal all requested information specified in this section and the

Basis of Award of the solicitation at or before the exact time specified in the solicitation. There will be no public opening of the proposals received as a result of this solicitation. Failure to meet a requirement may result in an offer being ineligible for award.

3. PROPOSAL SUBMITTALS

In strict compliance with guidance relating to the current situation with COVID-19 and social distancing, the ONLY authorized transmission method for proposals in response to this solicitation is electronically via SAFE online submission. NO OTHER

TRANSMISSION METHODS (E-MAIL, FACSIMILE, REGULAR MAIL, HAND

CARRIED, ETC.) WILL BE ACCEPTED.

The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation. Offerors shall electronically transmit their proposals using the following link:

https://safe.apps.mil/

Please send proposals using the link above to Contract Specialist Justice Henrie at justice.m.henrie@usace.army.mil AND to Contracting Officer Susan Newby at

Susan.F.Newby@usace.army.mil.

3.1 Instructions for Submitting Electronic Proposals

In an effort to reduce paperwork and cost, all proposals shall be submitted electronically through the SAFE site. Submission shall be in Adobe PDF format. Submit no more than five (5) PDF files.

Total file size cannot exceed 8GB. Files may be compressed and/or combined into ZIP files using compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

3.1.10 Request for Upload Code

Email Contract Specialist Justice Henrie at

Justice.m.henrie @usace.army.mil AND Contracting Officer Susan Newby at

Susan.F.Newby@usace.army.mil no later than five (5) working days prior to the proposal due date to receive a request code. Include “W912DW20R0035 SAFE Proposal Drop-Off

Request …” in the subject. Include the name and email address of the sender, and the name of the offeror in the body of the email.

https://safe.apps.mil/ mailto:Susan.F.Newby@usace.army.mil

The request code will allow a one-time file upload via the SAFE site. Offerors that fail to email for request a code five (5) working days before proposal submission date may not be able to receive a request code in time to upload their submission. You will receive an email from

NoReplyTo@mail.mil with the subject line similar to "[DoD SAFE] W912DW20RTEST Proposal Drop-off Invite".

The body of the email willcontain a hyperlink, with the drop-off key embedded, for your use in uploading your proposal. The body of the email may also contain additional instructions from the Contracting

Specialist in a note beneath the hyperlink. The drop-off key will be valid for 14 calendar days.

3.1.2 Instructions for Upload of Proposal

Follow the hyperlink in the email. This will take you to the DoD SAFE drop off page. The page will be pre-populated with the Name and email you provided, the name and email of the recipient, and the note with additional instructions from the Contracting Specialist.

Add Contract Specialist Justice Henrie at justice.m.henrie@usace.army.mil and

Contracting Officer Susan Newby at Susan.F.Newby@usace.army.mil as recipients.

The Proposer must enter the e-mail address for both the Contracting Officer and Specialist.

The Proposer can enter an additional e-mail address if desired. After entering the e-mail address, click the ADD button to add the person(s) e-mail to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group e-mail accounts.

Accept the default checkbox settings. Add the files that contain your offer. Files for upload will be listed beneath the “Click to Add Files or Drag Them Here” button. Enter a description for each file. Ensure your proposal is complete and all files are listed; this is a onetime drop-off key. Click on “Drop-off Files” when all files are listed.

When the upload is complete, DoD SAFE will present a screen listing the files uploaded and transmit an email to the recipient(s) to inform them that your proposal has been upload

3.1.3 Receipt of Submissions

The Government will consider proposal submission timely if it is completely uploaded into the SAFE website and the acknowledgement email sent by the date and time proposals are due. It is the Offeror’s responsibility to allow sufficient time for upload. It can take several minutes or even hours in some cases.

The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient. Offerors are responsible for allowing

Proposals must be received no later than 21 June 2021, 02:00PM (Pacific Time).

4. TECHNICAL PROPOSAL FORMAT:

Technical Proposal:

• Submit One (1) Original (marked “ORIGINAL”).

• Number pages consecutively, from beginning to end. Do not repeat numbering for new sections.

• The technical proposal should include (1) a cover letter, (2) a table of contents, and (3) required technical data for evaluation. A description of each is as follows:

a) Cover Letter: The technical proposal cover letter should be the first page of the technical proposal and must contain the following:

a) Solicitation Number

b) Vendor Legal Name

c) Listing of any alternate business names or d/b/a (doing business as)

d) CAGE Code and DUNS Number

e) Tax Identification Number

f) Mailing Address

g) Physical Street Address

h) Principal Office Location (City, State and Zip)

i) Acknowledgement of all “amendments” by number and date of issue.

j) Statement the Offer is acceptable for a period of 90 calendar days from the date of submission.

k) Person(s) authorized to negotiate on Offeror’s behalf with the Government for this solicitation: a.

Name

b. Title

c. Phone Number (also include Cell Number)

d. Email address

b) Table of Contents: The Table of Contents shall list all sections contained in the technical proposal.

Provide a separate section for each evaluation criterion. Any additions or revisions to the proposal shall include an updated Table of Contents for each set.

c) Technical Data for Evaluation: The Technical Data section shall consist of all information stated at

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

This section shall be specific and complete, demonstrating a thorough understanding of the requirements.

It shall include, where applicable, diagrams and/or charts. It shall include complete explanations of procedures and proposed programs, as well as the demonstration of the merit of the offered technical approach. It shall demonstrate all criteria requirements. It shall be an orderly, specific, and complete document in every detail.

5. PRICE PROPOSAL FORMAT:

Price Proposal:

• Submit One (1) Original (marked “ORIGINAL”)

• Additionally, submit One (1) Electronic Copy in PDF

• An official authorized to bind your firm must sign the price proposal. Note that Standard Form 1449, Block 30a, 30b and 30c, provides the number of calendar days after the date of the offer for which the proposal is firm.

• Submit the price proposal at the same time as, but separate from the technical proposal .

• The price proposal and requisite forms should include the following:

a) Acknowledge all amendments (SF 30) (if any)

b) Corporate Certificate

c) Pricing Schedule

d) Representations, Certifications and Other Statements of Offerors

(Contractors are required, before receipt of contract award to ensure that their firm is registered in the government web site entitled “System for Award Management” (SAM) and that all information required is current and

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

CLAUSES INCORPORATED BY REFERENCE

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JUN 2020

52.217-4 Evaluation Of Options Exercised At The Time Of Contract Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-36 Payment by Third Party MAY 2014 52.233-2 Service Of Protest SEP 2006

52.233-3 Protest After Award AUG 1996 52.237-3 Continuity Of Services JAN 1991 52.247-34 F.O.B. Destination NOV 1991

52.247-34 F.O.B. Destination NOV 1991 52.252-2 Clauses Incorporated By Reference FEB 1998

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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

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

1. Basis of Award

This Section will explain the evaluation factors for award. The objective of this evaluation is to award a contract to the responsible offeror whose proposal is determined to be the best value to the Government using the “Lowest Price

Technically Acceptable” source selection process. This acquisition will result in the award of a firm‐fixed price, service contract.

The technical evaluation of each proposal will be solely on the basis of Technical Evaluation Factors found in this section. The Government will evaluate each proposal on a technically acceptable/unacceptable basis only with respect to the technical evaluation factors (criterion) described herein. Award will be to the Offeror who presents the technically acceptable proposal with the overall total lowest price. It is the intent of the Government to award off initial offers without discussions.

2. PROPOSAL EVALUATION

Technical Evaluation: Acceptability will be based on factors receiving an acceptable rating. The proposal will be evaluated according to the CRITERIA for Non‐Price Evaluation Factors as follows:

FACTOR A: Submission Requirements for Factor A (Relevant Experience):

Offeror shall submit a brief narrative that addresses Criterion 1 and Criterion 2 below. For Criterion 1, the Contractor shall describe at least three relevant projects but no more than five project examples. Narrative for each project should be less than two pages. Total pages for submission shall be < 10 pages. Evaluation ratings are described in Table 1.

Criterion 1: The Offeror shall describe at least three relevant projects where the Offeror has installed, maintained, and removed whole-house water filtration systems in a residential setting, and the filtration system was designed to treat hazardous contaminants such as solvents (for example, trichloroethene) in drinking water. In addition, the Offeror shall describe their experience with having spent filtration media analytically tested, and then either recycled or disposed. The Offeror shall describe how plumbing and electrical work either has been, or would be, accomplished by the Offeror, such as through in-house capability or through sub- contractors, including approach to emergency and non-emergency repairs. Projects descriptions shall include title and location; total dollar value of the project; beginning and end dates for the project; and what components of the project were performed by the Offeror or by a sub- contractor. Projects shall have been completed within the last five years from the proposal due date, or be at least 75% complete at the time of the Offeror’s response.

Please note that if the project listed above is in progress, the Offeror must demonstrate in the detailed description that the project is at least 75% complete based on invoiced costs.

Criterion 2: The Offeror shall also include calculations demonstrating his/her filtration system’s ability to treat both anticipated influent contaminant loading (assume 8 µg/L TCE) and influent flow (600 gallons per day) to achieve <3.5 µg/L TCE in the effluent.

Note that the definition of relevant is having a logical connection with the requirements in this request for proposal;

that is, featuring work that is similar in nature, magnitude, and complexity to the current requirement.

TABLE 1: FACTOR A - RELEVANT EXPERIENCE EVALUATION RATINGS

Rating Description

Acceptable: The proposal provides the information required for Criterion 1 for at least three relevant projects completed within the last five (5) years, and the proposal includes calculations (Criterion 2).

Unacceptable: The proposal does not provide the information required for Criterion 1 for at least three relevant projects completed within the last five (5) years, and the proposal does not include calculations (Criterion 2).

FACTOR B - Past Performance of the Prime Contractor:

Offerors need not submit documentation for this factor. Recent past performance information for the past two (2) years, from the date proposals are received, will be considered from the

Past Performance Information Retrieval System (PPIRS) (www.ppirs.gov). PPIRS databases will be searched for past performance information for each Offeror since the rating process has allowed an opportunity for contractors to provide details on past performance problems and the corrective actions taken as the final rating.

The Government will evaluate an Offeror’s past performance based on a demonstrated record of performance. Past performance information is an indicator of an Offeror’s ability to perform the contract successfully. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance will be considered. The past performance evaluation considers each Offeror’s recent and relevant record of performance in providing the construction services meeting the contract’s requirements. The Government is particularly interested in past performance information relevant to this proposed acquisition, with relevant being generally defined as projects similar in scope, size and complexity to that of the solicited project.

Ratings Method: The method of rating for Factor B shall be as follows:

Acceptable: The average total of all ratings concerning relevant past performance of PPIRS evaluations is satisfactory or above, indicating moderate or better (low) performance risk.

Unacceptable: The average total of all ratings concerning relevant past performance on PPIRS evaluations is less than satisfactory, indicating an unacceptably high level of performance risk.

NOTE: In the case of an Offeror without a record of past performance or for whom information on past performance is not available; the Offeror’s past performance may not be evaluated as favorable or unfavorable. [Ref: FAR 15.305(a)(2)(iv)]. Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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 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 (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

"Forced or indentured child labor" means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

https://www.sam.gov/

(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.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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"—

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"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.

"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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

(c) Offerors must complete the following representations when the resulting contract 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.

http://www.sam.gov/

(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.

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

[The offeror shall check the category in which its ownership falls]:

___ 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) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line item No. Country of origin

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product,"

"Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

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

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

End Products) or Israeli End Products:

Line item No. Country of origin

[List as necessary]

(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.

Other Foreign End Products:

Line item No. Country of origin

[List as necessary]

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

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

Line item No. Country of origin

[List as necessary]

(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:

Line item No. Country of origin

[List as necessary]

(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

Line item No. Country of origin

[List as necessary]

(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…