B.01_Combined Synopsis Solicitation.pdf

Procurement of Shiplift Spare Parts Case EG-B-HCY Ras El Tin Naval Base Alexandria, Egypt

Combined Synopsis/Solicitation W912ER23R0021 Description:

This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in Subpart

12.6 - Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Services, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This requirement falls under the Foreign Military Sales (FMS) Case EG-B-HCY and is for the procurement of Shiplift Spare Parts for the Egyptian Navy located at the Ras-El-Tin Naval Base in Alexandria, Egypt.

The solicitation number is W912ER23R0021 and is issued as a Request for Proposal (RFP).

The full text of the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulations supplement (DFARs) can be accessed on the Internet at https://www.acquisition.gov/.

The associated North American Industries Classification System (NAICS) code for this acquisition is 333923 and the small business size standard is 1,250 Employees.

Price Breakdown Sheet to be provided as an attachment. Price Proposals must be broken down and prices shown for each of the following Contract Line-Item Numbers (CLIN):

CLIN 0001: Procurement of Shiplift Spare Parts. This is a Firm-Fixed-Price (FFP) CLIN for all the line items on the attached Appendix A, excluding item numbers 29, 40 and 41.

Qty: 1; Unit: JA; Price: _________________ Total CLIN Price: _________________

CLIN 0002: Procurement of Shiplift Spare Parts. This is a FFP CLIN for line items 29, 40 and 41 listed on the attached Appendix A.

Qty: 1; Unit: JA; Price: _________________ Total CLIN Price: _________________

Total Quoted Price: _______________________________

The Contractor shall ship the parts procured for CLIN 0001 in support of this effort to the FMS Case Freight Forwarding Service. Once delivered, the Government will perform inspection and acceptance activities and take ownership of the parts. The address and point of contact of the Freight Forwarder follows:

dfYoung 7465 Candlewood Road, Suite M Baltimore, MD 21076 USA POC: Kathla Dornon Kathla.Dornon@dfyoung.com Telephone: 410-684-5242, ext. 400

The Contractor shall ship the parts procured for CLIN 0002 in support of this effort directly to the Port of Alexandria, Egypt. The geographical location of the port is as follows:

Berths Longitude Latitude East of Alexandria East “34.5252 ’52 29° North “36.9492 ’11 31°

Period of Performance: The Vendor shall order, inspect and have ready for delivery all equipment listed on Appendix A for CLIN 0001 within 240 calendar days after contract award.

CLIN 0002 will need to be delivered directly to the above port within 90 calendar days after contract award.

https://www.acquisition.gov/ mailto:Kathla.Dornon@dfyoung.com

The provision at 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services, applies to this solicitation.

Instructions to Offerors-Commercial Products and Commercial Services (MAR 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

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

(9) Acknowledgment of Solicitation Amendments;

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

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during pre award testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ https://assist.dla.mil/wizard/index.cfm http://www.sam.gov/

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

(ix) The provision at 52.212-2 Evaluation – Commercial Products and Commercial Services, is applicable to this solicitation.

Evaluation-Commercial Items (NOV 2021)

(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 in the addendum below shall be used to evaluate offers:

ADDENDUM TO FAR CLAUSE 52.212-2 Evaluation – Commercial Items

This Addendum to FAR Clause 52.212-2 Evaluation – Commercial Items Identifies the Informal Source Selection Criteria for this Solicitation.

Shiplift Spare Parts Procurement

Ras El Tin Naval Base Alexandria, Egypt United States Army Corps of Engineers Transatlantic Division, Middle East District

Solicitation Number: W912ER23R0021

1. ELIGIBILITY FOR CONTRACT AWARD

In accordance with the Federal Acquisition Regulation (FAR), no contract shall be entered into unless the Contracting Officer ensures that all requirements of law, Executive Orders, regulations, and all other applicable procedures, including clearances and approvals, have been met.

2. LOWEST PRICE TECHNICALLY ACCEPTABLE

This Request for Proposal (RFP) will utilize FAR Part 13.5 Simplified Procedures for Certain Commercial Items and be evaluated by Lowest Price Technically Acceptable (LPTA) when compared to the Statement of Work (SOW). The Government will perform its price evaluation by comparing an offeror’s proposed prices against the Government’s estimate as well as against the prices proposed by other offerors. Technical proposals will be evaluated by reviewing the technical specification sheets, data sheets, and other applicable technical elements for compliance with the solicitation requirement. See below Basis of Award.

The Government will award a contract to the LPTA offeror without discussions; however, the Government reserves the right to hold discussions if deemed necessary.

3. BASIS OF AWARD

Subject to the provisions contained herein, award of a contract will be made to one offeror that is deemed responsible in accordance with the FAR, conforms to the solicitation requirements, and whose proposal, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the lowest priced technically acceptable proposal. The proposals will be evaluated on two evaluation factors:

3.1 FACTOR 1 TECHNICAL CAPABILITY:

The offeror’s Factor 1 proposal shall include the required information set forth below for each part at Appendix A attached to the SOW. The offeror shall propose all new spare parts with manufacturer’s warranties intact. Spare parts that have been used for demonstration purposes, or have been reconfigured, rebuilt, or reconditioned are not acceptable.

The offeror may propose spare parts that differ from those expressly listed in Appendix A; however, if the offeror proposes different spare parts from those at Appendix A, it shall specifically note and highlight these deviations in its proposal. The offeror must also identify in its proposal how each deviation will serve as a functional equivalent to the spare part in Appendix A the vendor proposes to substitute. The offeror’s proposal is limited to 12 pages and must include:

Technical submittals required (Volume I):

• Parts and Equipment: The proposal shall contain a description including part number and title for each item at Appendix A and proposed deviations. The offeror must indicate country of product origin.

• Delivery Schedule: The proposal shall include a best-estimated delivery date (within 14 calendar days of award) for all items to the freight forwarding location. Delivery date(s) for all items must be on or before the time indicated in the solicitation.

• Quality Control: The proposal must describe how the offeror plans to have all items and equipment remain undamaged until they are inspected and accepted at the point of delivery.

In addition to the items the offeror must include in its proposal, the offeror’s proposal shall include but not be limited to, catalog cut-sheets, sketches or drawings, and product data sheets. Product data will not count toward the 12-page limitation for Factor 1.

3.2 FACTOR 2 PRICE:

Offerors MUST provide a price for each line item in Appendix A and each SF1449 Contract Line-Item Number (CLIN). Price proposals must be in U.S. Dollars (USD) and all aspects of price must be completed. In Appendix A, offerors must provide a total price for the stated quantity of each item, and include any discount terms. Offeror’s point of contact (POC) shall include the POC for warranty information to include name, telephone number, and email address.

4. PROPOSAL FORMAT AND PROPOSAL SUBMISSION

The Government will not make assumptions concerning intent, capabilities, or experience. Clear identification of proposal details shall be the sole responsibility of the offeror. The proposal shall meet the following basic requirements:

a. The Proposal shall be typed, submitted in English, in 12 point font, and single spaced.

b. Proposal shall be organized, concise, and submitted electronically in two volumes. Volumes shall be clearly identified and tabbed. Each factor shall be described in a separate tabbed section.

c. Each volume shall be identified by the solicitation number, volume number, and name, address, and telephone number of the prime offeror on the cover.

d. Volume I: Offerors shall submit technical (non-price) proposals and verify that the information for all forms submitted is current, correct, and complete, including names of the points-of-contact, email addresses, and telephone numbers.

e. Volume II: The Price proposal shall be completed in full. Volume II shall include verification of the offeror’s intent to be bound by the solicitation, all amendments, which it must verify it has received.

f. Each offeror shall submit an electronic copy of each Volume, including the Price Proposal.

g. Proposals shall completely and adequately address the requirements of this solicitation. Offerors are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, etc., are not necessary.

h. Contractors are cautioned against submitting conditional proposals. All questions and concerns shall be addressed, in writing, to the Contracting Officer and Contracting Specialist prior to the closing date of the solicitation, providing adequate time for the Contracting Officer to answer the concerns. Conditions on proposals and exceptions to requirements or standards set forth in the solicitation will, at the Government’s discretion, form the basis for a proposal to be rejected, with or without evaluation. Further, all such conditions and exceptions shall be deemed rejected such that the Government may make award notwithstanding conditions on proposals and/or exceptions to requirements or standards set forth in the solicitation and any such conditions and/or exceptions shall not form part of the awarded contract and shall not affect the awardee’s obligation to perform all requirements of the solicitation and other contract documents.

i. Failing to submit attachments or failing to complete the proposal properly, may result in rejection of the offer without further evaluation. Therefore, offerors are urged to follow instructions and speak with the Contracting Officer and Contracting Specialist if instructions are not understood.

j. The RFP does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation. All offerors submitting proposals for this solicitation must be actively registered in the System for Award Management (SAM) at the time of proposal submittal. Proposals of offerors that are not actively registered in SAM will be considered unacceptable. Offerors should complete the registration process in SAM at least two weeks prior to the proposal due date to ensure active registration. Offerors may register in SAM on the internet at:

https://www.sam.gov.

k. Solicitation Inquiries: All inquiries regarding this solicitation are to be submitted via bidder Inquiry.

Telephone and email inquiries will not be accepted. Bidder Inquiry is a web-based program that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at https://www.projnet.org/projnet/.

l. Inquiries must be submitted by 03 July 2023, 1000 (10:00am ET). Offerors will not be able to submit inquiries after this date as the ProjNet system must be shut down.

m. To submit and review bid inquiries, offerors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access.

The Bidder Inquiry Key is: TFWK58-F2J3VK

• From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

• Identify the Agency as USACE.

• Key. Enter the Bidder Inquiry Key listed above.

• Email. Enter the email address you would like to use for communication.

• Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

• Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, https://www.sam.gov/ https://www.projnet.org/projnet/ and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

• Click Add User. Once this is completed, you are now registered within ProjNet and are currently logged into the system.

n. Submit questions, or review questions and answers. A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

o. For specific step-by-step for POSTING YOUR INQUIRIES, see the Reference link on the Contract Viewer.

p. For questions about the ProjNet-®, please contact the Call Center help desk toll free at 1- 800-428- HELP, which operates from 8:00 AM to 5:00 PM (Eastern US time zone). ProjNet-® questions can also be emailed to the helpdesk at staff@rcesupport.com.

5. PROPOSAL PACKAGE

Volume I – Technical Proposal Volume II – Price

5.1 EVALUATION REQUIREMENTS:

It is the Government’s intent to award a contract to the Lowest Price offeror without discussions; however, the Government reserves the right to hold discussions if deemed necessary.

To be considered technically acceptable, the proposed parts and equipment shall meet the solicitation requirements including required specifications, delivery dates, and terms and conditions stated in the solicitation.

The Government will evaluate the offeror’s proposal against these requirements to determine whether the proposal is acceptable or unacceptable, using the following ratings and descriptions:

Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

The Government will select the source whose proposal offers the lowest evaluated price and for which all non-price factors are rated as acceptable in accordance with established criteria in the solicitation. Offerors shall submit electronic copies of each volume through the Solicitation Module of the Procurement Integrated Enterprise Environment (PIEE) suite at https://piee.eb.mil/. For instructions on how to post an offer, please refer to the Posting Offer demo at https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf. Proposals submitted by mail or hand carried will not be evaluated. Proposals sent through email, third party File Transfer Protocol (FTP) sites, or DoD SAFE will not be retrieved. All proposals received after the exact time specified for receipt shall be treated as late submissions and will not be considered except under circumstances allowed by the FAR.

It is the offeror’s responsibility to obtain written confirmation of receipt of all electronic files of their proposal by the USACE Contracting office. If the PIEE Solicitation module is inoperable, the alternate method of proposal submission is via email to Mr. Craig L. Carroll at Craig.L.Carroll@usace.army.mil and Mr. Eric L. Caruso at Eric.L.Caruso@usace.army.mil. Offeror must obtain prior approval from the Contracting Officer to use the alternate submission method.

Proposals are due no later than 10:00 AM (1000) U.S. Eastern Time (ET) on 17 July 2023. Proposals received after this date and time will not be accepted or evaluated unless the Contracting Officer determines otherwise as indicated in FAR 52.212-1(f)(2).

mailto:staff@rcesupport.com https://piee.eb.mil/ https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf mailto:Craig.L.Carroll@usace.army.mil mailto:Eric.L.Caruso@usace.army.mil

6. SYSTEM FOR AWARD MANAGEMENT (SAM)

All offerors submitting a proposal for this solicitation shall be actively registered in the SAM system in accordance with Federal Acquisition Regulation (FAR) Clause 52.204-7 System for Award Management. Offerors may register in SAM at: https://www.sam.gov.

The provision at 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services, applies to this solicitation.

Offeror Representations and Certifications-Commercial Products and Commercial Services (DEC 2022)

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals

(4) PSG 89, Subsistence

(5) PSC 9410, Crude Grades of Plant Materials

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

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

(8) PSC 9610, Ores

(9) PSC 9620, Minerals, Natural and Synthetic

(10) PSC 9630, Additive Metal Materials.

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

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

"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 its field of operation 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.

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

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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 Products and Commercial Services, 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 for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(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--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

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

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Certifications and 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 Subparts 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 and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical 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 Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

(4) 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 and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available off-the-shelf (COTS) item,'' "critical component,'' "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

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

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

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements-- Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

Other Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No.

(v) The Government will evaluate offers in accordance with the policies and…