combined synopsis solicitation 30 Aug 2021 (91 pages).docx

Defense Health Agency – Facilities Enterprise – Design Build Initial Outfitting Advisory and Assistance Services

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

Quotes are being requested and this announcement constitutes the only solicitation. The simplified acquisition procedures of FAR Part 13 will be used in conjunction with commercial items procedures of FAR Part 12.

Solicitation # W9127S21Q6004. This solicitation is issued as a request for quote (RFQ).

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-08, effective August 31, closing

This is a total Woman-Owned Small Business set-aside. NAICS code is 541611, size standard is $16.5 Million.

Only electronic offers will be accepted.

All Quotes shall be submitted to darren.b.woodard@usace.army.mil no later than September 7, 2021 by 4:00 PM Central Time.

CONTRACT CLAUSES/SOLICITATION PROVISIONS

The provision at 52.212-1 (DEV), Instructions to Offerors – Commercial Items (Deviation 2018- O0018), applies to this acquisition.

The provision at 52.212-2, Evaluation – Commercial Items, applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3 – Offeror Representations and Certifications – Commercial Items Alternate I (OCT 2014).

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.

The clause at 52.212-5 (DEV), Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Deviation 2018-O0021), applies to this acquisition.

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (DEVIATION 2018-O0018) (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 4:00 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.

(End of provision)

ADDENDUM 52.212-1

Submission of Offers. Submit signed and dated offer at or before the exact time specified in this solicitation. Failure to provide all required documents or information may exclude the offeror(s) from further consideration.

Submit quotes to: darren.b.woodard@usace.army.mil Only electronic offers will be accepted.

a. This is an electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted through beta.sam.gov, the new Federal Business Opportunities website. It is the responsibility of each Offeror to review the webpage for notice of amendments, updates, or changes to current information.

b. Questions and/or comments relative to the solicitation should be submitted via e-mail to the Contract Specialist who is the primary point of contact, Darren Woodard at darren.b.woodard@usace.army.mil

As this is a competitive negotiation acquisition, there is no public bid opening and no information will be given as to the number of Offerors or the results of the competition until an award is made.

General Instructions. These instructions are designed to provide general guidance for preparing quotes as well as providing specific instructions on quote organization, format, and content.

Offerors shall include all documents and information requested and should be submitted in accordance with the instructions. The offeror is cautioned to follow the instructions carefully, as the Government reserves the right to make an award based on initial quotes received without discussion. However, the Government reserves the right to request clarifications if the Contracting Officer later determines them to be necessary.

a. If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise unsound, the offeror shall immediately notify the PCO in writing with supporting rationale prior to the close of the Solicitation.

b. The quote must be presented in a manner that clearly addresses the requirements, as set forth in the Statement of Objectives. Quotes that are overly verbose or include marketing material may distract from the evaluators’ ability to ascertain compliance with the solicitation.

Offer Format. Offerors shall respond to the solicitation with a Quote describing the offerors technical approach to the Government’s requirements, as provided in the Statement of Objectives (SOO) included herein.

Quote Preparation Instructions. Offeror’s quote will consist of two (2) separate volumes: Price and Technical.

All pages of each offer must be appropriately numbered and identified with the solicitation number W9127S21Q6004 in the header and/or footer of each page. If the RFQ page limits are exceeded, the pages in excess of the limit will be removed and not evaluated.

An electronic copy of each volume shall be provided as indicated below. Page limitations are also annotated.

Volume II - Technical

Past Performance

VOLUME I – PRICE VOLUME

CLIN Pricing Schedule. Offerors Price Quotation shall be structured as follows:

CLIN 0001 – FY22 Program Management – DBIO Advisory and Assistance Services CLIN 0002 – FY22 Report CLIN 0003 – FY22 Travel CLIN 0004 Option – FY23 Program Management – DBIO Advisory and Assistance Services CLIN 0005 Option – FY23 Report CLIN 0006 Option – FY23 Travel Quote shall include the following data separately priced to support all tasking in SOO:

· Fully burdened labor rate

· Proposed support hours

· Profit

· Overhead

For each travel CLIN, offerors quote shall include the following data separately priced to support travel tasking for any section of the SOO:

· Airfare

· Lodging

· Local Transportation

· Per Diem

Team/Team Member(s)/Teaming Partner(s). The Government will consider the offeror and all subcontractors a “team” when evidence of a signed Teaming Arrangement or Letter of Intent is provided. This RFQ will refer to the offeror and all identified teaming subcontractors as a “team.” This RFQ will refer to all identified teaming subcontractors as “team members” or “teaming partners.” The offeror shall identify any Team/Team Members in Experience and Personnel Qualifications section and briefly describe how the Teaming Arrangement will be support this requirement.

The offeror will ensure that Representation, Certifications, and other statements are submitted thoroughly; completed with proper markings of the appropriate boxes in each representation/certification.

VOLUME II – TECHNICAL VOLUME

The Technical Quote shall not exceed the specified page limits listed in the table above. The Government will not review any information submitted in an appendix or attachment to the Quote in excess of the established limits. The offeror shall comply with the page limitations. The Offeror shall not submit verbatim sections of the solicitation or SOO as part of their technical Quote. Offerors that do not meet these requirements may be subject to rejection. The Technical Quote shall not include any cost or price information.

The Technical Quote should include, at a minimum, the following information:

Corporate Experience This tab shall address Factor 1: Corporate Experience. Please reference solicitation provision 52.212-2, Evaluation— Commercial Items.

Submit Project Information for at least three (3) projects/task orders completed within the last 5 years that are similar in scope to this requirement. All projects referenced shall provide location and description, contract number, point of contact information, project cost, and scope.

Work that would be considered same/similar includes experience in DOD health facility planning, design, construction, outfitting, activation, and/or management.

Offerors shall not include a listing of projects. At a minimum, the following information shall be included on each project information sheet:

· Customer

· Location

· General Scope

· Size

· Dollar Value

· Percent complete or date completed

· Any problems encountered and how, those problems were overcome

· Customer POC with telephone number

Evaluation Criteria: Quote will be evaluated to determine the extent to which the offeror has demonstrated experience in DoD health facility planning, design, construction, outfitting, activation, and/or management and the extent to which the offeror has successfully completed projects of similar scope and complexity.

Personnel Qualifications This tab shall address Factor 2: Personnel Qualifications. Please reference solicitation provision 52.212-2, Evaluation— Commercial Items.

Offeror shall provide a staffing matrix which identifies all personnel on their team and the qualifications that they possess in order to satisfy the minimum requirements of the SOO.

At a minimum, the following information shall be included:

· Qualifications

· Project location and general scope

· Size and dollar value

· Team member role and responsibilities

· Percent complete or date completed

· Any problems encountered and how those problems were resolved

· Customer POC with telephone number

Evaluation Criteria: Quote will be evaluated to determine the extent to which the resume(s) provided meets the criteria set forth in this solicitation.

Past Performance This tab shall address Factor 3: Past Performance. Please reference solicitation provision 52.212- 2, Evaluation – Commercial Items.

Offeror shall provide completed Past Performance Questionnaires from at least three (3) customers demonstrating past performance within the previous 5 years. See Attachment 1 of this solicitation.

Evaluation Criteria: Evaluators will review offerors completed Past Performance Questionnaire in conjunction with the requested Experience sheet, Attachment 2, and may contact the references listed therein.

(End of provision)

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:

FACTOR 1: Corporate Experience FACTOR 2: Personnel Qualifications FACTOR 3: Past Performance FACTOR 4: Price

Factor 1 is more important than Factor 2 and is the most important factor. Factor 2 is more important than Factors 3 and 4.

Factor 3 is more important than Factor 4. Factor 4 is the least important Factor.

FACTOR 1: Corporate Experience

SUBMISSION REQUIREMENT: Submit Attachment 2 – Experience Sheet and at least three (3) projects completed within the last 5 years that are the same/similar to the scope of this requirement. All projects referenced shall provide location and description, point of contact information, project cost and scope.

Work that would be considered same/similar includes experience in DOD health facility planning, design, construction, outfitting, activation and/or management.

EVALUATION CRITERIA: Offer will be evaluated to determine the extent to which the Offeror has demonstrated experience in DOD health facility planning, design, construction, outfitting, activation, and/or management and the extent to which the Offeror successfully completed projects of similar scope and complexity.

FACTOR 2: Personnel Qualifications

SUBMISSION REQUIREMENT: Page Limit – 5 pages. Submit a resume for the key personnel. The resume shall demonstrate a Bachelor Degree or higher & a minimum of 5 years of experience of completing work that is the same/similar to the scope of this requirement.

Work that would be considered same/similar includes experience in DOD health facility planning, design, construction, outfitting, activation, and/or management.

EVALUATION CRITERIA: The offer will be evaluated to determine the extent to which the resume provided meets the criteria set forth in the solicitation.

FACTOR 3: Past Performance

SUBMISSION REQUIREMENT: Submit completed Past Performance Questionnaires (Attachment 1) from at least three (3) customers demonstrating past performance completed within the previous 5 years.

EVALUATION CRITERIA: The Government will evaluate how well the contractor performed on the project(s) referenced in the submitted PPQ. (See Past Performance Relevancy Ratings and Rating and Performance Confidence Assessments below). The Government may contact sources other than those provided by the Offeror for information with respect to past performance. These other sources may include, but are not limited to, Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; telephone interviews with organizations familiar with the Offeror’s performance, and Government personnel with personal knowledge of the Offeror’s performance capability. The Government may also contact the POC’s identified in Factor 1 to obtain Past Performance Information

Offerors shall ensure the accuracy of references provided. The Government will not be responsible for tracking incorrect references and phone numbers or those Past Performance Questionnaire References not submitted by the closing date. Providing incorrect references and phone numbers may render quote unsatisfactory. Offerors are reminded that while the Government may elect to consider data obtained from other sources, the burden of providing thorough and complete performance information rests with the Offeror. The Government's assessment will focus on contracts that meet the following conditions:

· Recent - Only contracts that were performed or awarded within the last five (5) calendar years will be considered.

· Relevance- Only contracts which were/are relevant in scope to the current requirement will be considered.

In the case of an offeror without any relevant past performance history, past performance will be evaluated as "neutral". If the past performance information is negative, the offeror may be given an opportunity to provide rebuttal if it has not previously had such an opportunity.

FACTOR 4: Price

SUBMISSION REQUIREMENT: Complete the attached Bid Schedule for CLINS 0001-0003.

EVALUATION CRITERIA: Offeror’s total price will be evaluated for reasonableness IAW FAR 13.106-3 – Award & Documentation. Offeror’s CLINS 0003 shall be compared to the GSA published per diem guidelines, commercial airfare, and the Government Estimate for price reasonableness.

RATINGS

1. Rating. The evaluator’s conclusions (supported by narrative write-ups) will identify the strengths, weaknesses and deficiencies of an evaluation factor or sub-factor. The rating for Technical factors and Sub-factors will be expressed in an adjectival assessment of Outstanding, Good, Acceptable, Marginal or Unacceptable. Evaluators will apply the adjectival rating for the definition that most closely matches the evaluation.

2. Past Performance Relevancy Rating Definitions. In performing the past performance factor evaluation, evaluators will apply the following relevance levels to assess the relevance of the prior contract effort(s) of offerors.

3. Past Performance Confidence Assessments. The government will evaluate past performance information to determine the quality and usefulness as it applies to performance confidence assessment. Each offeror will be assigned one of the ratings below for past performance.

RATING

PERFORMANCE CONFIDENCE ASSESSMENTS

1. Deficiency. A deficiency is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001

2. Strength. Strength is an aspect of an Offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

3. Significant Strength. A significant strength appreciably enhances the merit of a proposal or appreciably increases the probability of successful contract performance.

4. Weakness. Weakness means a flaw in the proposal that increases the risk of unsuccessful contract performance. See FAR 15.001.

5. Significant Weakness. A significant weakness in a proposal is a flaw that appreciably increases the risk of unsuccessful contract performance.

6. Uncertainty. Any aspect of a non-cost/price factor proposal for which the intent of the offeror is unclear (e.g., more than one way to interpret the offer or inconsistencies in the proposal indicating there may have been an error, omission or mistake).

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020) ALTERNATE I (OCT 2014)

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

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

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

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

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

(1) Exacted from any person under the 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.

“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.

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

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

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

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

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

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

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

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

(b)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) [The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

[List as necessary]

(3) The Government will evaluate…