B.08 Combined Synopsis_Solicitation Cut Suits and HRMKs 852020.docx

COMBINED SYNOPSIS/SOLICITATION INSTRUCTIONS

1. Issue Date: 05 August 2020

2. Close Date: 19 August 2020

3. Contracting Activity: U.S. Army Medical Research Acquisition Activity (USAMRAA) located at 820 Chandler Street, Fort Detrick, MD 21702.

4. Requiring Activity: Telemedicine & Advanced Technology Research Center (TATRC)

5. Subject: Brand Name Only, Tactical Combat Casualty Care/Emergency Medical Services (TCCC/EMS) Cut Suits, Surgical Cut Suits with TCCC/EMS Capabilities and Hyper Realistic Moulage Kits.

6. Solicitation Number: W81XWH-20-Q-0176

7. Description of Requirement: The Telemedicine and Advanced Technology Research Center (TATRC) requires two (2) TCCC/EMS Cut Suits, two (2) Surgical Cut Suits with TCCC/EMS Capabilities as well as four (4) Hyper Realistic Kits (three (3) Medium Skin and one (1) Dark Skin)

7.1 This is a combined synopsis/solicitation issued as a Request for Quote (RFQ) for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will be not be issued.

7.2 The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) FAC 2020-07; effective 03 August 2020

7.3 This acquisition is being competed using full and open competition. The North American Industry Classification System (NAICS) code is 339113 – Surgical Appliance and Supplies Manufacturing.

7.4 Contract award shall be made using Lowest Price Technically Acceptable (LPTA) procedures.

7.5 The Contract Line Item Number (CLIN) numbers and items, quantities, units of measure and description are identified under the Supplies/Services Section of the RFQ.

7.6 The requested date of delivery is 21 September 2020.

7.7 Offerors responding to this combined synopsis/solicitation shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Items with its quote.

8. Point-of-Contact: The point-of-contact for this acquisition is Mr. Brandon Roebuck, Contract Specialist, brandon.m.roebuck.civ@mail.mil. No telephone calls will be accepted.

9. Instructions for the Preparation and Submission of Quotes

9.1 The Contractor needs to fill out and return the FAR provision 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment as part of their quote submission.

9.2 Quotes shall be prepared in accordance with this solicitation and FAR provision 52.212-1, Instructions to Offerors – Commercial Items including the Addendum M, which is included with the attached RFQ.

9.3 All quotes shall be evaluated in accordance with the evaluation criteria identified in FAR 52.212-2 Evaluation – Commercial Items included with the attached RFQ.

9.4 The FAR clause 52.212-4 Contract Terms and Conditions –Commercial Items applies to this acquisition. Additional contract requirements and terms and conditions are identified in the attached RFQ.

9.5 The FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, apples to this acquisition. See the clause for additional FAR clauses cited and marked which are applicable to this acquisition.

9.6 The Government reserves the right to reject any or all quotes, and to award no contract at all, depending on the quality of the quote(s) submitted and the availability.

9.7 Questions: Questions shall be submitted via e-mail to Mr. Brandon Roebuck, brandon.m.roebuck.civ@mail.mil, no later than 10:00 AM Eastern Time on 12 August 2020. Questions received after this date will not be accepted. An Amendment to this RFQ will be posted to https://beta.sam.gov/ with responses to the questions received. Only one set of questions per Contractor will be accepted. No telephone calls will be accepted.

9.8 Quotes: Quotes in response to this RFQ are due via e-mail no later than 10:00 AM Eastern Time on 19 August 2020 to Mr. Brandon Roebuck, Contract Specialist, brandon.m.roebuck.civ@mail.mil.

9.9 The Offeror shall agree to honor proposed prices for 90 days from the due date for receipt of quotes.

MECS

Minimum Essential Characteristics for Total Combat Casualty Care (TC3) Cut Suits and Surgical Cut Suits with TCCC (TC3)/EMS Capabilities

The Telemedicine and Advanced Technology Research Center (TATRC) requires two (2) TCCC/EMS Cut Suits and two (2) Surgical Cut Suits with TCCC/EMS Capabilities as well as three (3) Hyper Realistic Moulage Kits – Medium Skin and one (1) Hyper Realistic Moulage Kit – Dark Skin.

The TCCC/EMS Cuts Suits have the following Minimum Essential Characteristics

· Cut Suit has to have the ability to allow medical providers a way to train to treat the three primary causes of death on the battlefield (uncontrollable hemorrhage, airway compromise, and tension pneumothorax) on a real human casualty.

· Has to have the ability to be used during training scenarios

· Has to have the ability to be customizable and repairable by the user, which is beneficial as it will minimize costly repairs and long term reoccurring costs.

· Has the ability to be usable while clothing, uniform, body armor and equipment are on the individual wearing the cut suit.

· The Cut Suit should allow for the following Procedures:

· Extremity hemorrhage control with tourniquet application, arterial ligation/clamping, internal compressions.

· Surgical Cricothyroidotomy

· Bilateral anterior and axillary chest needle thoracentesis

· Bilateral surgical chest-tube thoracotomy

· Suturing and stapling of skin in all locations

· Peripheral IV access

· Sternal intraosseous IV access

· Peripheral IV medication administration

The Surgical Cut Suits with TCCC/EMS Capabilities have to have the following Minimum Essential Characteristics

· Cut Suits have to have the ability to be worn during intensely physical scenarios at the Point of Injury.

· Has the ability to be usable while clothing, uniform, body armor and equipment are on the individual wearing the cut suit.

· Allow for interaction with a live patient during the emergency assessment and treatment process.

· Have the ability to be user repairable.

· Have the ability for interchangeable organs (variable would patterns or pathology)

· Have the ability for user created and customizable wounds.

· The Surgical Cut Suits should allow for the following Procedures:

· Extremity hemorrhage control with tourniquet application, arterial ligation/clamping, internal compressions.

· Iliac Arterial Hemorrhage Control

· Surgical Cricothyroidotomy

· Bilateral anterior and axillary chest needle thoracentesis

· Bilateral surgical chest-tube thoracotomy

· Suturing and stapling of skin in all locations

· Foley Catheterization

· External Bladder Tap

· Thoracotomy and Intra-thoracic Exploratory (hemorrhage control of gross organ structures)

· Laparotomy and Intra-abdominal Exploration (Hemorrhage Control of Gross Organ Structures)

· Suturing of Gross Organ Structures

· Anastomosis and Resection

· Peripheral IV access

Minimum Essential Characteristics for Highly Realistic Moulage Kits

The Hyper Realistic Moulage Kits have to have the following Minimum Essential Characteristics

· All required supplies needed for wound application and removal

· Provide the ability to train and/or collect data on complex trauma situations

· The ability to produce up to 12.5 Gallons of Blood

· Instructions for application, removal, cleaning, reusing and storing of wounds

· Reusable and customizable injury reference cards

· Kits need to allow for the Complete reusability of wounds

· All supplies need to be stored in one portable bag for ease of use and convenience

· Removable pages of wound patterns for ease of use and accountability.

· The kits have to have the following Customizable Wound Patterns

· Superficial and Deep Lacerations

· Closed and Compound Fractures

· Impaled Objects

· Shrapnel Wounds

· Partial and Full Thickness Burns

· Partial Amputations

· Abdominal Evisceration

· Flail Chest and Open Thoracic Injuries

· Extra Orbital Avulsions (with or without Ocular Injury)

· Maxillofacial Trauma (with or without Dental Injury)

· Chemical, Biological, Radiological and Nuclear Injury

· Entrance and Exit Gunshot Wounds (Multiple Calbers including but not limited to 5.56, 7.62 and 9mm)

TCCC/EMS Cut Suit - Medium Skin

FFP

The Contractor shall provide two (2) MSTCCC/EMS Cut Suits - Medium Skin in accordance with the Minimum Essential Characteristics (MECs).

FOB: Destination

PSC CD: 6910

NET AMT

Surgical Cut Suit-TCCC/EMS Capabilities

The Contractor shall provide two (2) Surgical Cut Suits with TCCC/EMS Capabilities in accordance with the Minimum Essential Characteristics (MECs).

NET AMT

HRMK - Medium Skin

The Contractor shall provide three (3) Hyper Realistic Moulage Kits (HRMKs) - Medium Skin in accordance with the Minimum Essential Characteristics (MECs).

NET AMT

HRMK - Dark Skin

The Contractor shall provide one (1) Hyper Realistic Moulage Kits (HRMKs) - Dark Skin in accordance with the Minimum Essential Characteristics (MECs).

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

TATRC

9200 AMBER DRIVE

FORT DETRICK MD 21702-5711

W23RYX

W23RYX

W23RYX

W23RYX

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

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

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(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 which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(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 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 preaward 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 subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items 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/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(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.

(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 items, the make and model of the item 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.

(m) ADDENDUM

M.1. Price Quote Instructions: The Offeror shall provide a total price for each Contract Line Item Number (CLIN). The Government anticipates award of a Firm-Fixed Price (FFP) contract and the Offeror shall propose a FFP pricing on all CLIN items. All CLINs shall be priced.

M.2. The Offeror’s quote shall include the make and model of the products, manufacturer sales literature or other product literature which clearly documents the offered Surgical Cut Suits with TCCC/EMS Capabilities, TCCC/EMS Cut Suits and Hyper Realistic Moulage Kits (HRMKs) identified in this RFQ.

M.3. The product offered must be new. Offerors offering used or remanufactured products are “Unacceptable”.

M.4. Shipping shall be Free On Board (FOB) Destination IAW FAR 52.247-34. The shipping location is:

Telemedicine & Advanced Technology Research Center (TATRC) 1054 Patchel Street, Fort Detrick, MD 21702

M.5. Offerors are encouraged to offer the Government discounts where appropriate.

M.6. All warranty and services associated with the products shall be in accordance with the Original Equipment Manufacturer (OEM) terms and conditions.

M.7. Questions: All questions pertaining to the RFQ shall be submitted via e-mail to Brandon Roebuck, Contract Specialist, brandon.m.roebuck.civ@mail.mil no later than 12 August 2020 at 10:00 AM EDT. The subject header of the e-mail submission of questions shall be: Cut Suits and HRMKs and RFQ # W81XWH-20-Q-0176. Questions received after this date will not be accepted.

M.8. RFQ Due Date: Response to this RFQ is due via e-mail no later than 19 August 2020 at 10:00 AM EDT via e-mail to Mr. Brandon Roebuck, Contract Specialist, brandon.m.roebuck.civ@mail.mil. No telephone calls will be accepted.

M.9. Requested Delivery Date (RDD): 21 September 2020

M.10. Other Administrative Instructions: System for Award Management (SAM). Contractors must be registered in SAM to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov; provide DUNS number; Cage Code and TIN.

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

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

(b) Basis for Award: Award of this contract shall be made on a competitive best value basis using “Lowest Price, Technically Acceptable (LPTA)” approach. Evaluation will be made to identify all Offerors whose quotes are technically acceptable in accordance with this RFQ and the evaluation criteria set forth below. Award will be made to the technically acceptable Offeror whose price is the lowest. The Offeror’s quote will be evaluated to ensure the Government receives a technically acceptable quote at a fair and reasonable price. Technical acceptability will be determined by evaluating the following non-price factor:

Factor 1 – Technical Capability

The Government evaluators will not assume the Offeror possesses the product/equipment unless specified in the quote.

After the above non-price factor is rated individually, an overall rating will be assigned collectively to the factor. If the above non-price evaluation factor receives an individual rating of “Unacceptable”, the collective overall rating will also be “Unacceptable”. Only proposals receiving an overall rating of “Acceptable” will be considered for award.

(c) Evaluation Criteria: The Offeror’s quote for this requirement will be evaluated using the following criteria. An evaluation for technical acceptability will be made to ensure satisfactory responsiveness to the requirements set forth in this RFQ. The non-price factor will be rated “Acceptable” or “Unacceptable” using the following rating standards:

Factor 1 – Technical Capability: Factor 1 – Technical Capability: The Offeror’s quote shall be evaluated to the degree to which the Offeror demonstrates (1) an understanding of the requirement; and (2) the Offeror is capable of providing the required Surgical Cut Suits with TCCC/EMS Capabilities, TCCC/EMS Cut Suits and Hyper Realistic Moulage Kits (HRMKs) described throughout this RFQ.

Note - While it would be beneficial if the Offeror is capable of delivering the Surgical Cut Suits with TCCC/EMS Capabilities, TCCC/EMS Cut Suits and Hyper Realistic Moulage Kits (HRMKs) within the stated required delivery date (RDD) contained within this RFQ, it will not affect the Technical Capability Rating.

Factor 2 – Price: The Offeror’s proposed price shall be evaluated separately from the non-price evaluation factor. Price quote evaluation is to determine whether the Offeror’s proposed price is complete, fair and reasonable in accordance with FAR 13.106-3. Price analysis will be used to determine the total evaluated price to support the selection of the Lowest Priced, Technically Acceptable Offeror.

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

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

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

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

(1) Exacted from any person under the 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; and

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which 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 its stock is owned by one or more women; or

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(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 either to the Equal Opportunity clause of this solicitation, the 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…