Amendment_3_AG-024B-S-15-9004_NATL_CWN_Solicitation_2-9-15.pdf

Solicitation No. AG‐024B‐S‐15‐9004 National CWN Helicopter Services U.S. Forest Service

ADD’L CONTRACTOR REQUESTS FOR CLARIFICATION (RFQ’S)

1. Would a letter from the FAA stating intent to inspect an aircraft that is to be added to our opspecs be sufficient for this proposal submission? Yes.

2. It appears there may be a clerical issue beginning on page 165 of Amendment 1. The header reads "Section D, Contract Clauses" all the way to page 174. Can we just line out that wording and continue on or will there be another Amendment? Corrected and included in amendment.

3. Why do the notes in B1 Schedule of Items say weighing must occur 12 months prior to award vs B3 and everywhere else it says weighing must occur prior to submission of the bid? The statement in B-1 Schedule of Items is incorrect. Weighing must occur 12 months prior to the closing date of the solicitation.

4. Why is the equipped weight of a standard cat bucket helicopter different than the equipped weight of a non-standard bucket equipped helicopter? Standard Category Type II aircraft carry personnel and internal cargo. Therefore, these aircraft will be evaluated based off of actual payload (not bucket). Restricted Category Type II aircraft and all Type I aircraft are only used for external load operations and mainly water dropping. Accordingly, these aircraft will be evaluated based off of payload using an equipped weight that includes the bucket and suspension hardware. A correction to the definitions of Equipped Weight in C- 45 has been included in this amendment to provide clarification.

Solicitation No. AG-024B-S-15-9004 U.S. Forest Service National Call When Needed Helicopter Services National Office

SECTION C

DESCRIPTION/SPECIFICATIONS/EXHIBITS

67 Amendment 3 Amendment 1

Authorized Flight or Flying Time: The actual time that a helicopter is off the ground for the purpose of the task or tasks to which assigned under an ordered flight when such time is recorded by the pilot and approved by a designated Government Official as having been properly performed.

Aviation Hazard: Any condition, act, or set of circumstances that exposes an individual to unnecessary risk or harm during aviation operations.

Base Cost: The portion of the flight rate that is constant throughout the agreement period and not affected by changes in fuel prices. Adjustments to the base cost will be made annually by the CO.

Call-When-Needed: A term used to identify the furnishing of services on an “as needed basis” or “intermittent use” in government procurement agreements. There is no guarantee the Government will place any orders and the Contractor is not obligated to accept any orders.

However, once an order is placed and the Contractor takes steps to perform, both sides are bound by the terms and conditions of the Agreement.

Cargo: Any material thing carried by the aircraft.

Chief-of-Party: Designated Government representative for all passengers on a flight.

Civil Twilight: Begins in the morning, and ends in the evening when the center of the sun is geometrically 6 below the horizon.

Contractor: An operator being paid by the Government for services.

Crewmember: A person assigned to perform duty in an aircraft during flight time.

Duty: That period that includes flight time, ground duty (pre- and post- flight inspections) of any kind, and standby or alert status at any location.

Empty Weight: Means the weight of the airframe, engines, propellers, rotors, and fixed equipment. Empty weight excludes the weight of the crew and payload, but includes the weight of all fixed ballast, unusable fuel supply, undrainable oil, total quantity of engine coolant, and total quantity of hydraulic fluid.

Equipped Weight (Standard Category Type II Helicopters):

Bucket Helicopters: Equipped weight equals the Empty Weight (as listed in the Weight and Balance Data) plus the weight of lubricants and onboard equipment required by agreement or contract (i.e., including but not limited to survival kit, rappel anchor, first aid kit). Does not include the weight of the bucket and any associated suspension hardware.

Tanked Helicopters: Equipped weight equals the Empty Weight (as listed in the Weight and Balance Data) plus the weight of lubricants and onboard equipment required by agreement or contract (i.e., including but not limited to survival kit, rappel anchor, first aid kit). Includes the weight of a fixed tank and snorkel.

Solicitation No. AG-024B-S-15-9004 U.S. Forest Service National Call When Needed Helicopter Services National Office

SECTION C

DESCRIPTION/SPECIFICATIONS/EXHIBITS

68 Amendment 3 Amendment 1

Equipped Weight (Restricted Type II Helicopters and All Type I Helicopters): Equipped weight equals the Empty Weight (as listed in the Weight and Balance Data) plus the weight of lubricants and onboard equipment required by the agreement or contract. This could include but is not limited to bucket, suspension hardware, tank and snorkel, survival and first aid kits.

Extended Standby: Period following the 9 hours of standby up to 5 hours

External Load: Any combination of load and line that is 50 feet or less in length

Fatal Injury: Any injury, which results in death within 30-days of the accident

Federal Aviation Regulations: Rules and regulations contained in Title 14 of the Code of Federal Regulations.

Ferry Flight: Movement of helicopter under its own power from point-to-point

First Aid: Any medical attention that involves no medical bill - If a physician prescribes medical treatment for less than serious injury and makes a charge for this service, that injury becomes "medical attention."

Flight Crew: Those Contractor personnel required by the Federal Aviation Administration to operate the aircraft safely while performing under agreement to the Government.

Flight Rate: The agreement unit price per hour of flight time as found in the Flight Rate Chart or Schedule of Items. (Includes base cost plus fuel costs)

Flight Time: Begins when the aircraft leaves the ground in takeoff for a given flight and ends when the aircraft has landed.

Forced Landing: A landing necessitated by failure of engines, systems, components, or incapacitation of a crewmember, which makes continued flight impossible, and which may or may not result in damage.

Fuel Cost: The variable portion of the flight rate that is subject to change due to fuel price change.

Form A: The Form A is a tabulation of all operating equipment that is or may be installed, and for which provision for fixed stowage has been made in a definite location in the helicopter. It provides a weight, arm, and moment of individual items. This is the primary document utilized to identify how a helicopter was precisely configured at the time of weighing. The items installed are indicated with a check mark or “x”, where the items not installed are identified with a “0”.

Form B: The Form B is a single-page form used for recording the scaled weighing data and computing the empty weight and balance of the helicopter. This document will provide the individual weights for each scale and show which type of scale was used to obtain the weight.

Form C: The Form C is a malleable list that updates the weight obtained from the Form B as equipment is added or removed. It additionally shows a continuous history of the basic weight, arm, and moment resulting from structural and equipment changes in service.

Fuel Endurance: Fuel required including a 20-minute reserve.

Solicitation No. AG-024B-S-15-9004 US Forest Service National Call When Needed Helicopter Services National Office

SECTION E

SOLICITATION PROVISIONS

165 Amendment 3

E-1 INSTRUCTIONS TO OFFEROR - COMMERCIAL ITEMS (FAR 52.212-1) (APR 2014)

(TAILORED/ADDENDA)

As part of the above referenced FAR Provision, it is important to note that significant to

(j) Data Universal Numbering System (DUNS) Number and (k) Central Contractor Registration, the requirement for information is relevant to this solicitation. (See http://www.acquisition.gov full text reference.)

(a) Submission of offers. Your offer must consist of the following:

(1) Standard Form 1449, Solicitation/Contract/Order for Commercial Items, with blocks 17, and 30 completed by you.

(2) Section B - Schedule of Items: Your proposed prices for B-1; Also provide your responses to B-2, B-7, B-11, B-12 and B-14.

(3) Section E, Offeror Representations and Certifications – Commercial Items (FAR 52.212-3), completed by you or electronically in accordance with the clause.

(4) Acknowledgment of Solicitation Amendments (if any).

(5) Include and submit information identified in E-2. The Offeror’s past experience should be verified by the vendor; verify that points of contact, telephone, and facsimile numbers are valid.

(6) No facsimile (FAX) offers will be accepted.

(7) Please contact the Contracting Officer by telephone or in writing (facsimile) if you do not understand any part of these instructions.

(b) Contract Award. We intend to evaluate offers and award an agreement without discussions with Offerors. Therefore, your initial offer should contain your best terms from a price and technical standpoint. However, we reserve the right to conduct discussions if later determined by the Contracting Officer to be necessary. We may reject any or all offers if such action is in the public interest, accept other than the lowest priced offer; and waive informalities and minor irregularities in offers received.

(c) Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order within the technical specifications: (i) Typed provisions of these specification/exhibits; (ii) FS supplements and/or exhibits incorporated by reference; (iii) 14 CFR incorporated by reference; (iv) aircraft manufacturer's specifications; (v) other documents incorporated by reference.

(d) Contractor must comply with (FAR 52.204-7) (JUL 2013) System For Award Management.

(e) A Pre-Proposal Conference is NOT anticipated at this time.

http://www.acquisition.gov/

166 Amendment 3

(f) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

E-2 INSTRUCTIONS FOR THE PREPARATION OF BUSINESS AND TECHNICAL

PROPOSALS

(a) General Instructions. Proposals submitted in response to this solicitation shall be furnished in the following format with the numbers of copies as specified below.

(1) The proposal must include a Part I- Business Proposal and Part II- Technical Proposal. Each of the parts shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other.

The technical proposal must not contain reference to cost; however, resource information (such as equipment capability) must be contained in the technical proposal so that the contractor's understanding of the statement of work may be evaluated.

(2) The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section E of this RFP.

(3) Offerors shall submit their proposal(s) in the following format and the quantities specified:

(i) _1_ copy (1 original) of the business/cost proposal (SF 1449 Cover/Signature Page and Sections B)

(ii) _2_ electronic copies of the technical proposal. All information in your technical proposal shall be provided via compact disks or USB thumb drives. The files shall be compatible with either Adobe Acrobat or Microsoft Office software.

PART I BUSINESS PROPOSAL INSTRUCTIONS

Price Proposal

(a) Schedule of Item prices shall be submitted on the Offeror’s Submission Copy to include Standard Form 1449 Cover/Signature Page and Section B Supplies or Services and Prices.

(b) Each price proposal shall be evaluated to determine its reasonableness and to determine the demonstrated understanding of the level of effort needed to successfully perform the services. A price analysis will be conducted to determine overall price reasonableness.

167 Amendment 3

PART II TECHNICAL PROPOSAL

Applicable to helicopters outside of the United States for proposal submittal and for agreement evaluations. All other mandatory documentation is applicable.

Helicopters proposed in this solicitation that are physically outside of the United States shall have been on the contractor’s certificate prior to leaving the United States.

Helicopters proposed under this solicitation shall include proof of ownership and the helicopter shall have been identified on the contractors U S operating specifications to be considered.

Applicable to helicopters not identified on the Contractors Operating Certificates during the agreement evaluation period. All other mandatory documentation is applicable.

If aircraft are not identified on your Operating Certificates (CFR Part 133,135), a letter of intent from the FAA on letterhead stating their intent to include the aircraft on the appropriate certificates will suffice for proposal submittal and evaluation purposes. The letter must at a minimum indicate the offered aircraft by make, model and serial number.

Technical Proposal Instructions. The technical proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government. Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed, description of the techniques, procedures and program for achieving the objectives of the specifications/statement of work.

Separate Part II Technical Proposal into five subparts, one for each of the major technical evaluation factors. As a minimum, your technical proposal must clearly address (1) Mandatory Documentation, (2) Aircraft Performance, (3) Safety/Risk Management, (4) Past Performance and (5) Organizational Experience:

SUB-PART 1

Applicable to helicopters outside of the United States for proposal submittal and for contract evaluations. All other mandatory documentation is applicable.

Helicopters proposed on this solicitation that is physically outside of the United States shall have been on the contractor’s certificate prior to leaving the United States.

Helicopters proposed under this solicitation shall include proof of ownership and the helicopter shall have been identified on the contractors U S operating specifications to be considered for award of an item. If a helicopter is awarded an item, proof of US certification to include copy of registration and airworthiness certificate and a copy of the current Operation Specifications listing aircraft (CFR Part 133, 135) shall be provided to the Contracting Officer a minimum of 30 days prior to a request for carding.

168 Amendment 3

Applicable to helicopters not identified on the Contractors Operating Certificates during the contract evaluation period. All other mandatory documentation is applicable.

If aircraft are not identified on your Operating Certificates (CFR Part 133,135), a letter of intent from the FAA on letterhead stating their intent to include the aircraft on the appropriate certificates would suffice for proposal submittal and evaluation purposes.

The letter must at a minimum indicate the offered aircraft by make, model and serial number. Specifications listing aircraft (CFR Part 133, 135) shall be provided to the Contracting Officer a minimum of 60 days prior to a request for carding.

MANDATORY DOCUMENTATION (One copy will suffice)

(a) Current 14 CFR Part 133 Operating Certificate (b) Copies of 14 CFR Part 135 Operating Certificate (if applicable), Operations Specifications and Operations Manual.

(b) 14 CFR Part 137 Operating Certificate and Operations Specifications as applicable.

(c) For evaluation purposes only, aircraft Weight and Balance information must be submitted using the following forms. Exhibit 21 forms may down loaded at http://www.fs.fed.us/fire/contracting/Forms/forms.htm.

(1) Submit current aircraft equipment list that documents installed equipment on aircraft when weighed. Use Form A Exhibit 21.

(2) Current aircraft actual weighing documentation including scales listed by make, model, calibration date, name of individual, signature and certificate number on document that performed weighing. (Aircraft Weighing Record, Use Form B Exhibit 21)

(3) Documentation (including the name, weight, arm and moment of each item) of any equipment added or removed since the aircraft was weighed to meet the contract specification (Use Form C Exhibit 21).

(d) Helicopter Equipped Weight will be validated, which should be equal to or less than as identified on the schedule of Items.

(e) Manufacturers Technical data for weight and capacity of the Tank and or Bucket as applicable.

(f) Appropriate flight manual Hover Performance Charts

(g) Copies of STC’s or FAA Field Approval for Aircraft and Equipment are required and a summary table listing all modifications by STC number or field approval and installation date.

http://www.fs.fed.us/fire/contracting/Forms/forms.htm

169 Amendment 3

(h) A summary table listing of all modifications by STC number or field approval and installation date. Note: For items not yet installed or pending modifications, provide a description of the item/modification and applicable manufactures data (generic STC data, compatibility information as applicable).

(i) Helicopter Load Calculation

(j) Copy of registration and airworthiness certificates for each proposed helicopter.

SUB-PART 2

AIRCRAFT PERFORMANCE

Provide the following information for each proposed aircraft. If more than one helicopter is offered, fill out a separate attachment for each helicopter. Include helicopter Make, Model and Variant and Aircraft Registration Number.

(a) Submit an Interagency Helicopter Load calculation for each aircraft, as per Exhibit 13 (see clause B-3, Aircraft Performance Specifications)

(1) The helicopter-equipped weight shall be based on the actual weighing of the aircraft and shall meet the following requirements:

(i) The aircraft shall be weighed prior to submission of your proposal

AND

(ii) The weighing must take place within 12 months prior to the due date of proposal submission.

Note: For the purpose of evaluating helicopter performance and computing the Interagency Load Calculation, only current, and appropriate FAA approved flight manual hover performance charts shall be used.

Performance enhancing data (Power Assurance Checks, wind charts, etc.) shall not be used and will not be considered for the evaluation of proposals. Only FAA approved charts based on minimum specification engine performance shall be used. As an example, Kaman K-1200 helicopters shall only use minimum specification engine performance data calculated from Rotorcraft FMS NO. 1, (USFS Fire Fighting).

SUB-PART 3

SAFETY/RISK MANAGEMENT

(a) The Contractor must provide a written submittal in response to the Safety

Management System (SMS). The Contractor must submit the information requested below:

170 Amendment 3

Components identified in Exhibit 31 - SAFETY MANAGEMENT SYSTEM (SMS)

COMPONENTS QUESTIONAIRE AND ACCIDENT HISTORY

1. Safety Management System Components: The Contractor’s submittal should consist of implemented practices for their specific company. For purposes of this submittal, the contractor must provide written evidence and describe how the specific processes or requirements are implemented within their organization. This submittal will be incorporated and made part of the contract. Contractors are required to provide specific responses to the criteria provided in exhibit 31 and provide evidence such as copies of completed audits, risk assessments, training records, organization chart, etc. DO NOT SUBMIT YOUR ENTIRE

OPERATIONS MANUAL AS A MEANS OF SATISFYING ALL OF THE

CRITERIA.

The International Standard for Business Aircraft Operations (IS-BAO) and the Federal Aviation Administration (FAA) in AC120.92A can provide the explanations and examples of the requested standards.

2. Summary of Flight Hours and Accidents: The Contractor is required to submit their total number of flight hours for the previous five years (2010-

2014) along with any NTSB reportable accidents as defined within 49

CFR 830.2. Flight hours and accidents are for all aircraft (rotor wing and fixed wing) operating under the contractors operating certificates.

a) If your company has had an accident in the last 5 years provide an accident prevention action plan or evidence of actions taken to prevent future accidents.

b) If you had an accident that was reported to the NTSB and it was downgraded to an incident, you must provide evidence from the NTSB

SUB-PART 4

PAST PERFORMANCE

We will evaluate your capability on the basis of the company’s past performance for the past 3 years (2012-2014). Utilize form E-6 Offeror’s Past Performance and Organizational Experience.

Past Performance is a measure of the degree to which you have satisfied your customers in the past, and complied with Federal, State, and Local laws and regulations.

Our assessment of your past performance will be subjective, and based mainly on your reputation with your customers. Identify and submit your references with verifiable telephone numbers to support your past performance. We may contact your references to ask whether or not they believe you were:

171 Amendment 3

(a) Capable, efficient, and effective

(b) Performance conformed to the terms and conditions of your contract

(c) Reasonable and cooperative during performance

(d) Committed to customer satisfaction.

When evaluating your past performance we may contact other sources of information, including, but not limited to: Federal, State and local Government agencies.

Offerors who have not obtained Government contracts for helicopter services shall indicate their past experience and performances for related aviation services and include references for which the services were performed.

SUB-PART 5

ORGANIZATIONAL EXPERIENCE

In addition to overall organizational company experience, address the experience of your personnel directly responsible for working under this agreement.

(a) Management Personnel

(b) Pilot(s) in Command (PIC)

(c) Maintenance Personnel

E-3 EVALUATION-COMMERCIAL ITEMS (FAR 52.212-2) (OCT 2014) (TAILORED)

(a) The Government will select the responsible offeror(s) on the basis of price and other factors including the Mandatory documentation, Aircraft Performance, Safety/Risk Management, Past Performance and Organizational Experience.

The Government will evaluate price reasonableness and to determine the demonstrated understanding of the level of effort needed to successfully perform the services.

The nonprice factors - Mandatory Documentation, Aircraft Performance, Safety/Risk Management, Past Performance and Organizational Experience,-when combined, are approximately equal to price.

172 Amendment 3

Mandatory Documentation and Aircraft Performance are pass/fail factors. The Government will first determine whether a proposal has met the Mandatory Documentation requirements. If it has not, it will be eliminated from further consideration. If the Mandatory Documentation requirements are satisfied, the Government will next determine whether Aircraft Performance meets the specifications listed in B-3. Aircraft not meeting minimum performance specifications will be eliminated from further consideration. The remaining three technical evaluation factors (Safety/Risk Management/Accident Rate, Past Performance and Organizational Experience) will be rated as acceptable, marginal or poor. Offerors receiving marginal or poor ratings may be eliminated from further consideration

(b) Offeror’s proposal shall include Two Separate Parts –Part 1 is a Business/Cost proposal and Part 2 is the Technical Proposal. The following technical evaluation factors are listed in descending order of importance. All subfactors listed are equal in importance.

(1) Mandatory Documentation (See Sub-Part 1 – Part II Technical Proposal)

(i) Current CFR Part 133 Operating Certificate

(ii) Current CFR Part 135 Operating Certificate

(iii) Current CFR Part 137 Operating Certificate

(iv) Current aircraft equipment list including Chart A

(v) Current Aircraft Actual Weighing Record

(vi) Documentation of any equipment added or removed- Chart C

(vii) Helicopter Equipped Weight

(viii) Manufacturers Technical data for weight and capacity of the tank.

(ix) Appropriate flight manual Hover Performance Charts(x) Copies of STC’s or FAA Field Approval for Equipment installed and summary of all modifications. Note: For items not yet installed or pending modifications, provide a description of the item/modification and applicable manufactures data (generic STC data, compatibility information as applicable).

(xi) Helicopter Load Calculation

(xii) Copy of registration and airworthiness certificates for proposed helicopter.

The sub-factors are equal in importance.

173 Amendment 3

(2) Aircraft Performance

(i) Helicopter Load Calculation: Proposals will be evaluated on an acceptable/unacceptable basis to determine whether the offered aircraft meet the minimum performance specifications stated in Section B-3.

Additionally the offeror is requested to complete Section E-7 Helicopter Performance Questionnaire.

(3) Safety/Risk Management/Accident Rate

(i) Safety Management System Components: The Government will evaluate your Safety Management System Components Questionnaire and the supporting documentation you provide. This documentation will be used to evaluate your organizational capability to ensure, promote and manage safety within your company. The more comprehensive your written response, the easier it will be for the Government to evaluate your program and render an objective evaluation.

(ii) Accident Rate: The Government will base its evaluation on the company’s safety program in comparison to the items identified in Exhibit

31 and the company’s accident rate per 100,000 flight hours. Any known aircraft accidents incurred by your company which has occurred under your FAA Operating Certificate will be included in the evaluation of your safety program. What constitutes an accident is defined by 49 CFR Part

830.2 Aircraft accident history within the last five years (2010-2014) will be considered. A better evaluation result will be given to offerors who have had minimal or no accidents. Only your firm’s accident history within the last five years will be considered.

The sub-factors are in descending order of importance.

(4) Past Performance

(i) capable, efficient, and effective

(ii) performance conforms to the terms and conditions of contracts

(iii) reasonable and cooperative during performance

(iv) committed to customer satisfaction.

The sub-factors are equal in importance

(5) Organizational Experience

174 Amendment 3

(i) Management Personnel commensurate with size and complexity of operation

(ii) Pilot(s) in Command

(iii) Maintenance Personnel

The sub-factors are equal in importance

E-4 AGREEMENT AWARDS

(a) Awards will be made to those offerors whose proposals are technically acceptable and whose technical/price relationships are the most advantageous to the Government.

(b) Evaluation factors other than cost or price, when combined, are Approximately Equal to Price in the award decision. The significance of a price that is outside an acceptable range will be determined on the basis of what the difference means in terms of increased cost of performance for a given capacity for similar class helicopters, for the Government. The Government may reject any or all offers if such action is determined to be in the best interest of the Government.

(c) The offeror's technical proposal may become a part of any resultant agreemment.

Offerors are hereby advised that the Government will have the right to use, duplicate, or disclose in any manner and for any purpose whatsoever, and have the right to permit others to do so, all subject data required to be delivered under any agreement resulting from this solicitation. Any reservations regarding these Government rights to data should be stated in the proposal and will be resolved during any subsequent negotiations if conducted.

E-5 RESERVED

175 Amendment 3

E-6 OFFEROR’S PAST PERFORMANCE AND ORGANIZATIONAL EXPERIENCE

Verify the points of contact telephone and facsimile numbers are valid. (Attach additional sheets as needed).

Offeror Name:

1. How many years has your organization been operating under your present business?

2. How many years experience in contracting for Helicopter Services has your organization had as a:

(1) prime Contractor? _______ (2) sub-contractor? ________

3. List below all contracts your organization has had for Helicopter Services within the past 36-months:

Contract Amount

Type of Contract

Date Completed

Name, Address and Phone Number of person to contact for information on project (contact must be current with working telephone number)

4. Identity what, if any, problems were encountered under the above identified project(s), and what, if any, corrective action was taken by you as the Contractor.

176 Amendment 3

E-7 HELICOPTER PERFORMANCE QUESTIONNAIRE

(This chart is for information purposes only. It will not be utilized in the evaluation process.)

Company:

Instructions: For each aircraft offered please complete the following table, using FAA approved data for each altitude and temperature. This is for mission performance planning only.

Pressure Altitude (ft) – Computed Gross Weight

HOGE-J

HOGE-J

HOGE-J

HOGE-J

HOGE-J

HOGE-J

10000

HOGE-J

11000

@15ºc

@20ºc

@25ºc

@30ºc

@35ºc

@40ºc

@45ºc

Signature__________________________________________ Date_________________

Make/ Model/Variant

N Number

# of Pax Seats Certified For

Equipped Weight

177 Amendment 3

E-8 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS

(FAR 52.212-3) (MAY 2014)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

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

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

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

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

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000- 9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

http://www.acquisition.gov/

178 Amendment 3

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

“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)).

179 Amendment 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.

“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.

180 Amendment 3

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

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

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

https://www.acquisition.gov/

181 Amendment 3

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:

182 Amendment 3

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It is, is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It has, has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(11) 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

183 Amendment 3

(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)(11)(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.)

184 Amendment 3

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

(2) Foreign End Products:

Line Item No. Country of Origin [List as necessary]

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

(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”:

1…