Combined Synopsis Solicitation July CST.pdf

OKLAHOMA NATIONAL GUARD (OKNG)

COMBINED SYNOPSIS/SOLICITATION FOR 63rd Civil Support Team (CST)

SOLICITATION NUMBER: W912L6-20-R-0014

SOLICITATION CLOSES: 20 April 2020 AT 5PM CENTRAL TIME

ANTICIPATED CONTRACT TYPE: FIRM FIXED PRICE

SOURCE SELECTION METHOD: LOWEST PRICE TECHNICALLY ACCEPTABLE

QUOTE SUBMISSION: ELECTRONIC ONLY: EMAIL ONLY

CONTRACTORS ARE REQUIRED TO EMAIL QUOTES: ALL EMAILED QUOTES WILL RECEIVE A RETURN EMAIL

CONFIRMATION FOR RECIEPT OF QUOTE.

1.0 Combined Synopsis/ Solicitation.

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. This solicitation is issued as a request for quote (RFQ). This acquisition is utilizing NAICS code 611430. This acquisition currently has no Defense Priorities and Allocations System (DPAS) ratings. This requirement is subject to availability of funding per FAR 52.232-18.

2.0 Requirement.

A. Background

This combined synopsis/solicitation defines the exercise support requirement for the 63rd Civil Support Team (CST) Weapons of Mass Destruction (WMD) to execute effective training exercises in the State of Oklahoma.

National Guard Bureau requires all CSTs to conduct exercises for training which serve as the main tool to maintain mission proficiency. Additionally, the CST is tasked with maintaining current relationships with the first responder community and tier two incident response agencies. These integrated field exercises provide working relationships with civilian organizations, departments, and individuals that the CST would respond with during a real or perceived WMD attack or consequence management activities.

B. Eligibility for Award.

Offerors must have a current registration in the System for Award Management (SAM) at https://www.sam.gov/SAM/as of the date of award to be eligible for award. Additionally, Offeror must maintain a current registration in SAM for the duration of the Award in order to eligible disbursement of payments. Offeror shall ensure all representations and certifications are current in SAM as a condition of award.

C. Evaluation.

Award shall be made on the basis of Lowest Price Technically Acceptable (LPTA) evaluation. An award will be made to the contractor who offers the lowest rate pricing. The Contractor’s offer shall demonstrate that they will meet or exceed the technical requirements stated in the Performance Work Statement (PWS). Issuance of award shall be made on the basis of the competitive rates offered by a contractor that is most advantageous to the Government, the ability to service the location of the requirement, and the capability to fulfill the requirement on time and correctly.

https://www.sam.gov/SAM/

D. Set-Aside.

This contract will be set aside for service-disabled veteran-owned small businesses only.

E. Electronic Invoicing through Wide Area Workflow (WAWF).

To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, all Contractors must submit requests for payment (invoices) through WAWF. Additional information and registration for WAWF can be completed online at https://wawf.eb.mil. Payment will be made by DFAS office designated in the contract. All payments will be made by electronic transfer of funds (EFT). The Government will make payment through WAWF upon satisfactory completion of work and the receipt of a proper certification for payment.

3.0 Submission of Quotes:

The Government anticipates making award without discussions. Therefore, Offeror should submit their best and final offer. The Contractor must ensure that all components of their pricing and technical quote are included in their submission. The Government reserves the right to make an award solely on initial quotes received. Offerors bear the burden of ensuring that quotes (and any authorized amendments and samples) reach the designated office on time and should allow a reasonable time for e-mail transmissions to be completed. All pages of the quote must reach the office before the deadline specified in this solicitation. The Contractor bears the risk of non-receipt of mailed or electronically transmitted quotes and should confirm receipt. Late or incomplete quotes will not be considered. Offerors will need to ensure that they complete and submit the following attached documents as part of their quotes. Any offer that does not come complete with the following will be deemed as technically unacceptable and will not be considered for award:

Two major criteria are the basis for award of contract. The criteria are Past Performance, Technical Capability and Capacity. Past Performance is more important than Technical Capability and Capacity.

1. The following factors for past performance are presented:

List of References and Scope or Summary of Work with Current and Previous Customers. The contractor shall demonstrate the capability to create current and emerging threat scenarios that stimulate WMD- CBRNE training at operational and tactical levels. Prior performance shall be evaluated based on the feedback from Contractor’s current and prior customers. Contractor shall submit not less than 3 nor more than 5 references, which shall include institutional and individual contact information (to include names, address, e-mail address, phone, and fax numbers), a brief description of the nature and scope of services provided, scenario description, copy of After Action Review, and the length of Contractor’s business relationship with the reference. Government reserves the right to contact one or more references to discuss Contractor’s performance on listed or unlisted projects. All communication with references shall be kept strictly confidential and shall be considered source selection sensitive and not subject to re-disclosure by the Government to the Contractor for whom the reference was provided.

2. The following factors are presented in descending order of importance for Technical Capability and Capacity.

Management Team. Quantity and quality of demonstrated experience of Contractor’s management team in supporting customers’ programs and requirements and related topics. Includes the entire range of WMD-CBRNE issues at operational and tactical levels.

Staff Academic and Technical Expertise in WMD Field. The Contractor shall present the academic and formal professional expertise of staff to be used in the technical and managerial tasks of this contract.

The Contractor shall also indicate the level/years of experience of these personnel in the CBRNE field.

Depth of staff and breadth of advanced academic, operational and professional experiences in WMD/CBRNE operations dictates level of consideration.

Technical Capability of Contractor in WMD Detection and Response Field. The Contractor shall demonstrate technical capability in the field of WMD/CBRNE detection and response. This capability must include personnel, and working relationships with military and civil WMD/CBRNE organizations.

Demonstrated capacity to provide full range of WMD/CBRNE mission/training dictates level of consideration.

Capacity of Contractor for WMD Training and Response Exercises. Contractor shall demonstrate the extent of personnel to conduct the full spectrum of WMD/CBRNE technical training and operational exercises. This includes training ranging from individual to CST section, entire CST, multiple CSTs and other responding forces. Multi-echelon training scenarios are requirements of this solicitation.

Demonstrated capacity to execute multi-echelon training and exercises dictates level of consideration.

4.0 Deadline for Submission of Quotes and Questions:

All questions must be addressed to the Contracting Officer in writing by email. Close of Questions on the solicitation will be 14 April 2020 at 5:00 p.m. CST. All quotes are due NLT 20 April 2020 at 5:00 p.m. CST by email. Questions and quotes can be emailed to Mr. Joseph Jarvis joseph.b.jarvis.civ@mail.mil. E-mailed quotes must be in adobe acrobat (.pdf) format.

Primary Point of Contact:

Joseph Jarvis Contract Specialist Joseph.b.jarvis.civ@mail.mil Phone: (405) 228-5142

PERFORMANCE WORK STATEMENT

1.0 Scope.

This statement of work defines the exercise support requirement for the 63rd Civil Support Team (CST) Weapons of Mass Destruction (WMD) to execute effective training exercises in the State of Arkansas.

1.1: National Guard Bureau requires all CSTs to conduct eight to ten exercises for training fiscal year 2020. These exercises are the main tool for CSTs to maintain mission proficiency. Additionally, the CST is tasked with maintaining current relationships with other Civil Support Teams in their region. Integrated field exercises provide working relationships with other CSTs, civilian organizations, departments, and individuals the CST would respond with during a real or perceived WMD attack or consequence management activity.

1.2: The contract supports 63rd CST’s sustainment of mission essential tasks as depicted in paragraph 2.0.

2.0 Applicable Documents.

2.0.a: Army Techniques Publication (ATP) 3-11.46, 20 May 2014 2.0.b: Chief National Guard Bureau Instruction (CNGBI) 3501.00, Weapons of Mass Destruction Civil Support Team Management, 10 January 2020 2.0.c: ATP (TTPs Chemical, Biological, Radiological, and Nuclear Passive Defense) 3-11.22, May 2016 2.0.d: Digital Training Management System, CST Mission Essential Tasks:

2.0d.1: Deploy a Civil Support Team (CST), 37-TE-0001 2.0d.2: Establish a Civil Support Team (CST) Base of Operations, 37-TE-0002 2.0d.3: Develop a Civil Support Team (CST) Site Safety Plan, 03-TE-1013 2.0d.4: Maintain a Civil Support Team (CST) Operations Center, 37-TE-0004 mailto:joseph.b.jarvis.civ@mail.mil

2.0d.5: Conduct Civil Support Team (CST) Survey Operations, 37-TE-0005 2.0d.6: Provide Civil Support Team (CST) Analytical Support, 37-TE-0006 2.0d.7: Provide Civil Support Team (CST) Medical Support, 37-TE-0007 2.0d.8: Provide a Common Support Communications Node for Civil Support Team(s) (CST) at an Incident Site, 37-

TE-0008

2.0d.9: Conduct Civil Support Team (CST) Decontamination Operations, 37-TE-0013 2.0d.10: Conduct Civil Support Team (CST) Mission Termination Planning, 03-TE-1020 2.0d.11: Redeploy a Civil Support Team (CST), 37-TE-0010 2.0d.12: Conduct a Civil Support Team (CST) Assessment, 37-TE-0011

3.0 Requirements.

3.1: CST. 63rd CST has a full range of technical capabilities. Mission types include responding to man-made/natural disasters, radiological, chemical, and biological incidents. The team is comprised of multiple sections ranging from Command, Operations, Communications, Decontamination, Medical, Analytical, and Survey. Area of hazard emphasis includes chemical, biological, and radiological emerging threats as evident in recent news and reputable emergency response periodicals. The mission sets include individual, organic team operations as well as integrated or joint team operations in either an Area Incident Command or Unified Incident Command.

3.1.1: Participating Organizations. The vendor coordinates with 63rd CST to identify participating agencies and contact information. The vendor is prepared to conduct scenarios with or without first responder participation. In the event that first responders do not participate, the vendor simulates and acts first responder roles as realistic as possible. The vendor develops a scenario that allows three CSTs (61st CST, the 6th CST, and 63rd CST) to phase in to operations, eventually standing up Incident Command and requesting CST support.

3.2 Exercise Location.

3.2.1: The place of performance is Fayetteville, AR. The 63rd CST coordinates training venues for all three days of the exercise. The vendor coordinates with the 63rd CST to gain access to identified training venues.

3.3 Exercise Execution Timeline.

3.3.1: Each of the 3 CSTs conduct two days of training exercise and 1 day of OCT. See below diagram for depiction of training/OCT. 2 scenarios are conducted each day at two separate sites. Each day’s exercise begins NLT 0730.

The start of the exercise is when the local first responder (notional or actual) elements are engaged in incidents.

The vendor is prepared to drive the scenario with first responders (if present) and alert the CSTs through normal progression of response protocols until completion of mission, but no later than 2400 daily.

14 Jul 20 15 Jul 20 16 Jul 20 6th CST OCT (61st / 63rd) Scenario 3 (BIO) / Site 2 Scenario 5 (Chem) / Site 1 61st CST Scenario 1 (Chem) / Site 1 OCT (6th / 63rd) Scenario 6 (BIO) / Site 2 63rd CST Scenario 2 (BIO) / Site 2 Scenario 4 (Chem) / Site 1 OCT (6th / 61st)

3.4 Scenario Outline.

Vendor shall develop and prepare 6 scenarios (3: Chemical / 3: Biological) WMD related threats to the civilian population, invoking local first responders and a request for CSTs response. Vendor provides two scenarios per day at two separate training locations for 3 days.

(Scenario 1, 4, 5 (Chem) / Location 1):

Scenario 1, 4, and 5 are provided to each CST over 3 days. The vendor provides the following each day: Initial Alert, Deployment and Full Scale Exercise specifically related to a Chemical Threat. An after action review is completed at end of each day with each CST. Vendor is prepared to interact with first responders (if present), and creates a Weapon of Mass Destruction (WMD) hazard necessary to involve all agencies. The vendor is required to assist first responders (if present) with ICS and management of exercise. Vendor provides active scenario items that allow training for each echelon of responder through end of CST response.

(Scenario 2, 3, 6 (BIO) / Location 2):

Scenario 2, 3, and 6 are provided to each CST over 3 days. The vendor provides the following each day: Initial Alert, Deployment and Full Scale Exercise specifically related to a Biological Threat. An after action review is completed at end of each day with each CST. Vendor is prepared to interact with first responders (if present), and creates a Weapon of Mass Destruction (WMD) hazard necessary to involve all agencies. The vendor is required to assist first responders (if present) with ICS and management of exercise. Vendor provides active scenario items that allow training for each echelon of responder through end of CST response.

3.4.1: Overarching Training Objectives for each exercise are facilitated through each phase of operation and described below:

3.4.1.a: Alert and mission assignment through appropriate formal channels, EMAC, State JOC, and CST Commander direct.

3.4.1.b: Daily mission assignments with NIMS SMART Incident Management objectives designed to support complex Weapons of Mass Destruction incidents. Objectives are facilitated through an Area Command, Unified Command, or Single Incident Command.

3.4.1.c: Utilize ICS division, branch, and task force leaders to interact with CST sections for hazmat planning, for example - medical branch, operations branch, and I.C. primary staff.

3.4.1.d: Be prepared to work with role players and create patient signs and symptoms for incident, as well as interact with medical director – (supporting by what is occurring at the scene), can be in-person or accessible via telephonic means of communication.

3.4.1.e: Provide sample locations, air monitoring and material related to the incident. Multiple sample locations and all states of matter which are aligned with the daily scenario MESL.

3.4.1.f: Provide reach back access to university level PhD or Master’s degree chemist or biologist with knowledge of construction of WMD lab processes, clandestine PBA production, and criminal releases of toxic industrial chemicals.

4.0 Deliverables.

4.1.1: Applicants for award consideration provide evidence of conducting exercise support with CSTs within the previous 48 months as part of the quote. The documentation of previous CST exercise support includes but not limited to the following: CST contact name; CST contact information, both telephone number and email; dates of performance; location of performance; exercise scenario overview or executive summary.

4.1.2: Applicants for award consideration provide clear and concise explanation to the requirements in paragraph

3.0 (Requirements) and 4.0 (Deliverables).

4.1.3: Within five business days of exercise, the vendor provides a Master Exercise Synchronization List (MESL) or Executive Summary by operational capability for each to the CST Trusted Agent utilizing the outline in paragraph

3.0 (Requirements) and 4.0 (Deliverables) as a conversation guide.

4.1.4: Day 1 (14 July 2020): Vendor is prepared to create two separate scenarios (Scenario 1-Chem / Scenario 2- BIO) based on WMD events, in which two CSTs respond to two separate locations. Vendor creates two separate dynamic training environments requiring Multi-CST response. At a minimum vendor provides the following personnel at each location: one person available to set up and manage hazard scenario and one person to ensure master exercise scenario is executed. The total number of personnel required by vendor is 4 (2 per location) each day.

4.1.5: Day 2 (15 July 2020): Vendor is prepared to create two separate scenarios (Scenario 3-BIO / Scenario 4- Chem) based on WMD events, in which two CSTs respond to two separate locations. Vendor creates two separate dynamic training environments requiring Multi-CST response. At a minimum vendor provides the following personnel at each location: one person available to set up and manage hazard scenario and one person to ensure master exercise scenario is executed. The total number of personnel required by vendor is 4 (2 per location) each day.

4.1.6: Day 3 (16 July 2020): Vendor is prepared to create two separate scenarios (Scenario 5-Chem / Scenario 6- BIO) based on WMD events, in which two CSTs respond to two separate locations. Vendor creates two separate dynamic training environments requiring Multi-CST response. At a minimum vendor provides the following personnel at each location: one person available to set up and manage hazard scenario and one person to ensure master exercise scenario is executed. The total number of personnel required by vendor is 4 (2 per location) each day.

4.1.7: The vendor shall orchestrate the exercise in a time sequence fashion as outlined in reference 3.0 (Requirements) and 4.0 (Deliverables).

4.1.8: The vendor shall integrate the training objectives referenced in 3.0 (Requirements) and 4.0 (Deliverables) into each day’s exercise and depict correlated training objectives on the MESL.

4.1.9: The vendor shall deliver a formal overall exercise After Action Review (AAR) package no later than 10 working days from the completion of the training event. The Contracting Officer’s Representative (COR) shall have the responsibility to ensure review of all deliverables associated with this task and accept or reject the deliverables. The Contracting Officer’s Representative shall have ten (10) working days to complete the review of each deliverable and accept or reject in writing.

4.1.10: The vendor provides precursor chemicals for ALS analysis; representative sample materials are front loaded to the analytical laboratory for field confirmatory analysis on days of scenario training.

4.1.11: The vendor provides discoverable intelligence products consistent with scenario.

5.0 Period of Performance. 14-16 July 2020.

6.0 Place of Performance. Fayetteville, AR.

7.0 Point of Contact. Questions regarding deliverables for this performance work statement are directed to Mr.

Joseph Jarvis and can be reached at joseph.b.jarvis.civ@mail.mil.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

July CST Exercise

FFP

Fayetteville, AR, 14-16 July 2020 FOB: Destination

PSC CD: U008

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 14-JUL-2020 TO

16-JUL-2020

N/A N/A

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Quote JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2019-

O0003).

JAN 2019

52.219-13 Notice of Set-Aside of Orders NOV 2011 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

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

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)

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 https://www.sam.gov/

(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, which 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 applicable to the NAICS code 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.

http://www.sam.gov/

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 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:

Line Item No. Country of Origin

(List as necessary)

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

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225- 3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

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

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

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, 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.”

Other Foreign End Products:

Line Item No. Country of Origin

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4)…