Combined Synopsis Solicitation UST-GEN-S-20-0001.pdf

COMBINED SYNOPSIS/SOLICITATION

ALUMINUM DATABASE

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with

FAR Subpart 12.6 and Subpart 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. The Government request quotes and will not issue a written solicitation.

(ii) The Government is issuing this solicitation as a Request for Quote (RFQ).

(iii)The solicitation and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular FAC 2020-07/07-02-2020.

(iv) This is a full and open competition. The associated North American Industrial Classification

Standard (NAICS) Code is 519130 for Internet Publishing and Broadcasting and Web Search

Portals with a Size Standard 1,000. All vendors responding shall be active in the System for

Award Management (SAM). NO EXCEPTIONS. The Agency will consider all responsible sources that submit a quote.

(v) Purchase Order Line Items are below:

Item Users Unit Price Total Price

Base Year (12-Months)

Subscription for Aluminum Market

Intelligence and Industry Data 5 $ $

Option Period One (12-Months)

Subscription for Aluminum Market

Option Period Two (12-Months)

Option Period Three (12-Months)

Option Period Four (12-Months)

Option Period Five (6-Month Extension)

(vi) The goal of this acquisition is to acquire and maintain access to information that will allow the Executive Office of the President (EOP), United States Trade Representative (USTR) to keep abreast of market developments in the U.S. and global aluminum sectors, and to ensure that the agency’s briefings for leadership, meeting with stakeholders (including U.S. industry and the Congress), and negotiations with foreign counterparts are informed by current and accurate information about commercial and economic conditions in the aluminum sector.

The purpose of this Purchase Order is to obtain a subscription to statistical data and news reporting from a business intelligence and research company that closely tracks and regularly publishes information on market developments in the U.S. and global aluminum sectors.

Specifically, USTR seeks ongoing access for a limited number of staff to key historical and current data on metrics such as capacity, production, shipments, and price levels for the global aluminum sector, as well as specialist news reporting on company and market developments in the sector.

The contractor should deliver the following services/products:

1. On-demand, web-based, downloadable access to:

o Historical and current data on prices and/or premia for aluminum (primary, ingots, etc.), extruded, and rolled products, across various regions (Asia, Europe, North America, etc.) and/or major producing/consuming countries o Historical and current data on volume of aluminum production capacity, output, and consumption (primary and rolled products) for various regions and major producing/consuming countries, in particular China.

o Historical and current data on aluminum shipments and inventories, particularly for China and North America (United States, Canada)

2. Data/reporting on the ownership, capacity, and operation of worldwide aluminum smelters, including curtailment, restart, and closure status.

3. Reporting and/or forecasts on ongoing and anticipated new capacity and production in the global market, in particular for China.

4. News reporting on company and market developments in the aluminum sector

5. Phone and/or email access to commodity specialists able to answer questions about data and market developments.

USTR seeks contractor that is able to deliver the above listed products/services immediately (as soon as possible) after the contract award. The products/services should be accessible to designated

USTR staff through a web portal and, where relevant, by telephone and/or email. USTR seeks an agency subscription that will be accessible by five USTR users.

PART 1: PRICING

Pricing is contained in Section (v) of this RFQ

PART 3: CONTRACT ADMINISTRATION

3.1 Government Contact Information/ Roles & Responsibilities (Feb 2014)

Contracting Officer (CO):

Executive Office of the President

Office of Administration

Office of the Chief Financial Officer

Procurement and Contract Management Division

ATTN: Mashonda Walston

Telephone: (202) 395-7968

Email: mwalston@oa.eop.gov

Contracting Officer (CO):

The CO is responsible for:

1) Negotiation and award of orders, contracts, or agreements: COs have full authority to legally bind their organization within their designated warrant level.

2) Administration: Although COs have the ability to manage the orders, contracts, or agreements, the day-to-day administration activities will generally be carried out by the contracting officer’s representative.

3) Settlement and Resolution of Contracting Issues: The CO is authorized to settle and resolve contracting issues.

4) Contract Records: The CO is responsible for maintaining a complete record of all contracting documents (electronically and/or manually).

Contract Specialist (CS):

The CS is responsible for:

1) The daily interactions of the orders, contracts, or agreements, which include communicating with the Contractor in resolving concerns, drafting requirements, award documents, modifications, etc.

2) The CS has no authority to change the terms and conditions of the order, contract, or agreement, including the schedule and price.

Contracting Officer’s Representative (COR):

1) The CO’s authorized COR will be designated after award. Additionally, each order, contract, or agreement will specify the designated COR.

2) The COR is the individual within the program management function who has overall technical responsibility for this effort. The COR supports the CO during administration of this effort by:

a. Providing technical clarification relative to overall workload matters;

b. Providing guidance to the Contractor in the preparation of deliverables and services;

c. Providing acceptance of delivered products and services in accordance with the order or contract terms and conditions; and

d. Making final decisions regarding any recommended rejection of deliverables.

3) The COR also provides technical direction to the Contractor, i.e., shifting work emphasis between areas of work, fills in details, or otherwise serves to accomplish the purposes of this effort. Technical direction shall be within the general scope of this effort. The COR does NOT have the authority to issue any technical direction that:

mailto:%20mwalston@oa.eop.gov

a. Constitutes an assignment of work outside the general scope of this effort;

b. Constitutes a change as defined in the “Changes” clause (See FAR 52.243);

c. In any way causes an increase or decrease in cost or the time required for performance;

d. Changes any of the terms, conditions, or other requirements of this effort; or

e. Suspends or terminates any portion of this effort.

4) All technical direction shall be issued in writing by the COR or will be confirmed by the

COR in writing within 10 calendar days after verbal issuance. A copy of the written direction will be furnished to the CO.

5) In addition to providing technical direction, the COR will:

a. Monitor the Contractor’s technical progress, including surveillance and assessment of performance, and recommend to the CO any changes in the requirement;

b. Assist the Contractor in the resolution of technical problems encountered during performance;

c. Perform inspection and acceptance or recommendation for rejection of Contractor deliverables and identify deficiencies in delivered items. This does not replace any other quality assurance inspection requirements that are specified elsewhere within the order, contract, or agreement; and

d. Ensure invoice payments are processed in a timely manner in accordance with the

Prompt Payment Act (FAR Subpart 32.9).

3.2 Electronic Invoicing and Payment Requirements (DEC 2015 Deviation JUL 2020)

Invoice Description

To constitute a proper invoice, the invoice must include the following information and/or documentation:

Name of business concern, invoice number and date;

Contract or order number, or other authorization for delivery of property or services;

Description, price, and quantity of supplies/services actually delivered or service rendered for each item billed;

Shipping and payment terms;

Name (where practicable, title, phone number, and complete mailing address of responsible official to whom payment is to be sent). The “remit to” address must correspond to the remittance address in the order, contract, or agreement; and

Other substantiating documentation or information as required by the order, contract, or agreement.

Payment shall only be made once delivery occurs or services are rendered, in accordance with the

Solicitation and Contract Terms and Conditions.

Orders for subscriptions may be billed on a one-time basis.

Electronic Submission of Payment Requests

The Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their supplier by the U.S. Treasury's

Financial Management Service. The IPP allows Federal agencies and their suppliers to exchange electronic contracts, purchase and task orders, blanket purchase agreements, invoices, and payment information in one easy to access web portal. This service is free of charge to Government agencies and their suppliers, including services and support.

(a) Definitions. As used in this clause-

(1)”Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Invoicing clause included in this contract, order, or agreement.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the IPP. Information regarding IPP is available at https://ipp.for.fiscal.treasury.gov.

(c) The Contractor may submit payment requests using another method only when the EOP

Contracting Officer (CO) authorizes alternate procedures in writing.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the CO’s written authorization with each payment request.

For payment and invoice questions, go to https://ipp.for.fiscal.treasury.gov or contact the

Department of Treasury, Bureau of the Fiscal Service’s Accounts Payable Branch at (304) 480-

8000 Option 7 or via email at AccountsPayable@fiscal.treasury.gov.

In accordance with FAR 52.212-4 Section (i)(5) Overpayments, Accounts Receivable Conversion of Check Payments to Electronic Funds Transfer (EFT): If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the Government, it will be converted into an EFT. This means the Government will copy the check and use the account information on it to electronically debit the Contractor’s account for the amount of the check. The debit from the Contractor’s account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government will destroy the

Contractor’s original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

SECTION 4 - EOP STANDARD TERMS AND CONDITIONS

4.1 Statement on EOP Special Terms and Conditions (FEB 2014)

The following EOP specific clauses shall apply to the order, contract, or agreement resulting from this solicitation. These terms and conditions flow down to any subcontractors.

mailto:AccountsPayable@fiscal.treasury.gov

4.2 Restriction Against Disclosure (Feb 2014)

The Contractor agrees, in the performance of this order, contract, or agreement to keep the information contained in the source documents, or otherwise furnished by the EOP, in the strictest confidence, said information being the sole property of the EOP. The Contractor also agrees not to publish, reproduce or otherwise divulge such information, in whole or in part, in any manner or form, nor authorize or permit others to do so, taking reasonable measures to restrict access to the information while in his or her possession to those employees who must have the information to perform work on the order, contract, or agreement (i.e., a “need-to-know” basis). The Contractor agrees to immediately notify the contracting officer (CO) in writing in the event the Contractor determines, or has reason to suspect, a breach of confidentiality. The Contractor is responsible for ensuring all employees involved in the performance of this order, contract or agreement sign a

“Non-Disclosure Agreement” that is attached. The Contractor shall provide a signed agreement to the CO prior to each employee beginning work.

EOP retains full legal control over any information and records submitted by it to the Contractor and may, to the extent permitted by law, modify such information or request that it be withdrawn from the Contractor’s files and systems. Such information, to the extent permitted by law, shall not become part of Contractor records. If the Contractor receives a request for EOP information, or a request to which EOP information would be responsive, the Contractor shall not provide EOP information in response to the request and shall instead refer the request to EOP. EOP will address the request in accordance with applicable law. Requests included within this paragraph include, but are not limited to, Freedom of Information Act (FOIA) requests, Congressional requests and litigation-related requests. Any such request shall be sent in writing to the Office of

Administration, Office of General Counsel through the CO.

All information regarding the procedures developed under this order, contract, or agreement must be regarded as sensitive information by the Contractor and not to be disclosed to anyone outside the Contractor's organization without the written permission of the CO.

4.3 Prohibition of Advertising of Award (Feb 2014)

The Contractor shall not refer to this award in commercial advertising or similar promotions in such a manner as to state or to imply that the product or services provided is endorsed, preferred, or is considered superior to other products or services by the Executive Office of the President

(EOP), the Office of Administration, or the White House. This includes advertising, or similar promotions, in all forms of electronic, broadcast, and print media.

In addition, the Contractor is restricted from reproducing the image(s) of the EOP in any form of commercial advertising or promotion. This includes images of official seals and buildings. The reproduction of official seals and the images of buildings are a matter controlled by statute, regulation and Executive Order. Any proposed usage of such symbols must be brought to the attention of the contracting officer.

4.4 Contractor’s Responsibility For Personnel [Feb 2014]

The contractor shall be responsible for managing and overseeing the activities of all of its personnel, as well as subcontractor personnel used in performance of this effort. The contractor's management responsibilities shall include timely and effective support, performed in accordance with the requirements contained in the order, contract, or agreement.

4.5 Potential Conflicts Of Interest [Feb 2014]

(a) The contractor shall inform the contracting officer (CO) whether or not, to the best of its knowledge and belief, it has or does not have any organizational or personal conflicts of interest as defined below:

In accordance with FAR Part 2, Definitions, “Organizational conflict of interest” means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

In accordance with FAR Subpart 9.502, an organizational conflict of interest may result when factors create an actual or potential conflict of interest on an instant contract, or when the nature of the work to be performed on the instant contract creates an actual or potential conflict of interest on a future acquisition. In the latter case, some restrictions on future activities of the contractor may be required.

(b) If the contractor discovers an organizational conflict of interest with respect to this order, contract, or agreement prior to award, the contractor shall immediately notify the CO in writing and provide its plan to mitigate the conflict. Personal conflicts of interest will be dealt with on a case-by-case basis by the CO. Depending on the severity of the conflict, alternative staff may be appointed to work on the requirement. If that solution does not remove the conflict or the appearance of conflict of interest, the contractor may be excused by the Government from participation in the requirement.

(c) The contractor agrees that if, after award, it discovers or creates an organizational or personal conflict of interest with respect to the order, contract, or agreement, it shall make an immediate and full disclosure in writing to the CO and Contracting Officer’s Representative (COR), which shall include a description of the action the contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the order, contract, or agreement for the convenience of the Government.

(d) In the event that the contractor was aware of the organizational or personal conflict of interest prior to the award of the order, contract, or agreement and intentionally did not disclose the conflict to the CO, the Government may terminate the order, contract, or agreement at no cost to the

Government and demand payment of any out-of-pocket costs, including costs associated with reissuance of the order, contract, or agreement.

(e) The contractor shall also inform the CO and COR of any business or other relationships which create a potential conflict of interest or which might present an appearance of a conflict of interest on the part of the contractor or the contractor’s employees, including all instances in which a former or existing client of the contractor is or is likely to become the subject of a lawsuit. In addition, the contractor must agree that any information provided to the contractor in the course of the requirement is confidential and cannot be used for financial gain.

4.6 Contractor’s Interfaces/Collaboration [Feb 2014]

The contractor and/or its subcontractors may be required as part of the performance of this requirement to work with other contractors working for the Government. Such other contractors shall not direct this contractor and/or their subcontractors in any manner. Also, this contractor and/or its subcontractors shall not direct the work of other contractors in any manner.

The Government will establish the initial contact between the contractor and other contractors and will participate in an initial meeting at which the conventions for the scheduling and conduct of future meetings and contacts will be established. The designated contracting officer’s representative (COR) for all associated efforts will be included in any establishment of conventions.

4.7 Payment For Unauthorized Supplies Or Services [Feb 2014]

No payments shall be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the contractor of its own volition or at the request of an individual other than a duly appointed contracting officer

(CO).

4.8 Section 508 Conformance Requirements For Information Technology Requirements

[Aug 2015]

Accessibility Requirements (Section 508)

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L.

105-220) requires that when the Federal Government develops, procures, maintains, or uses

Electronic and Information Technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by nondisabled Federal employees and members of the public.

All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable EIT accessibility standards have been identified:

Section 508 Applicable EIT Accessibility Standards

36 CFR 1194.21 software Applications and Operating Systems, applies to all EIT software applications and operating systems procured or developed under this work statement including, but not limited to, GOTS and COTS software. In addition, this standard is to be applied to web-based applications when needed to fulfill the functional performance criteria. This standard also applies to some web based applications as described within 36 CFR 1194.22.

36 CFR 1194.22 web-based Intranet and Internet Information and Applications, applies to all web-based deliverables, including documentation and reports procured or developed under this work statement. When any web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, or uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous Javascript and XML (AJAX), then 1194.21 software standards also apply to fulfill functional performance criteria.

36 CFR 1194.31 Functional Performance Criteria, applies to all EIT deliverables regardless of delivery method. All EIT deliverables shall use technical standards, regardless of technology, to fulfill the functional performance criteria.

36 CFR 1194.41 Information Documentation and Support, applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required 1194.31

Functional Performance Criteria, they shall comply with the technical standard associated with

1194.22 web-based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support including, but not limited to, a help desk shall have the ability to transmit and receive messages using TTY.

Section 508 Applicable Exceptions

The Executive Office of the President (EOP)'s Office of the United States Trade Representative

(USTR) has determined the exceptions for this work statement and only the exceptions described herein may be applied. The following exceptions has identified that may apply: 36 CFR 1194.3(b)

Incidental to Contract, all EIT that is exclusively owned and used by the contractor to fulfill this work statement does not require compliance with Section 508. This exception does not apply to any EIT deliverable, service, or item that will be used by any Federal employee(s) or member(s) of the public. This exception only applies to those contractors assigned to fulfill the obligations of this work statement and for the purposes of this requirement, are not considered members of the public.

Section 508 Compliance Requirements

36 CFR 1194.2(b) (products including COTS/GOTS), When procuring a product, the Government shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a

Government solicitation. The Government cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meet some but not all of the standards, the Government must procure the product that best meets the standards. When applying this standard, all procurements of EIT shall have documentation of market research that identify a list of products or services that first meet the Government's business needs, and from that list of products or services, ' + 'an analysis that the selected product met more of the accessibility requirements than the non-selected products as required by FAR 39.2. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim.

4.9 Inspection and Acceptance [Feb 2014 Deviation Apr 2020]

Place of Inspection and Acceptance

Inspection and acceptance of the products or services to be furnished hereunder shall be made by the appropriate COR, or other authorized representative designated in the order, contract or agreement.

Scope of Inspection

All deliverables will be inspected for content, completeness, accuracy and conformance to order, contract or agreement requirements by the COR, or other authorized representative designated in the order, contract or agreement. Inspection may include validation of information or inspection of the deliverables, as specified in the order, contract or agreement. The scope and nature of this inspection will be sufficiently comprehensive to ensure the completeness, quality and adequacy of all deliverables.

Basis of Acceptance

The basis for acceptance will be in compliance with best commercial practices and those requirements provided in the order, contract or agreement.

Support products and travel will be accepted upon receipt of proper documentation.

Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the Government have been corrected.

Non-Conforming Products or Services

Unless specified otherwise in the orders or contracts, non-conforming products or services will be rejected. Deficiencies will be corrected, by the contractor, within three workdays of the rejection notice or as time constraints deem necessary. If the deficiencies cannot be corrected within three workdays, the contractor shall immediately notify the COR, or other authorized representatives designated in each order, contract, or agreement of the delay and provide a proposed corrective action plan within three workdays or as time to conform dictates more urgent action.

4.10 Protecting EOP Data and Information [DEC 2014]

(a) Applicability: This clause applies to contractor and subcontractor (at all tiers) personnel and addresses specific requirements for protecting EOP data and information.

(b) Responsibilities for Handling and/or Storing EOP Data and Information: All contractor and subcontractor employees are responsible for the proper handling and/or storing of EOP data and information, regardless of location. Contractors shall be responsible for any costs associated with the loss, breach, or compromise of EOP information held by contractors. All contract employees shall be responsible for:

(1) The proper control and handling of EOP data and information residing on their computer, on removable media, and on paper documents;

(2) Ensuring portable data storage and communication devices are properly controlled and secured at all times; and,

(3) Following the procedures for reporting a breach to EOP data and information as outlined in section (c) below.

(c) Procedures for Reporting a Breach of EOP Data and Information:

(1) A breach of EOP data and information includes loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access of EOP data and information whether physical or electronic.

(2) All contractors and subcontractors shall report any breach or potential breach, including, but not limited to, network or asset breaches to the EOP’s Computer

Network Defense (CND) team within 30 minutes of becoming aware of the breach or potential breach regardless of the time or day of the week. All breaches and potential breaches shall be reported, even if it is believed the breach is limited, small, or insignificant. The initial report of the breach shall be made by telephone to the CND;

however, the contractor or subcontractor shall follow up in writing within one hour of the verbal notification to CND, CO, and the COR. Do NOT include sensitive information in the e-mail notification.

(3) Each breach report shall address all relevant information, including the following:

Nature of the event (loss, theft, unauthorized access);

Description of the event, including:

o Date and time of occurrence o Types of data elements involved;

Number of individuals affected or potentially affected;

Names of individuals or groups affected or potentially affected;

Ease of logical data access lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

Amount of time the data has been out of contractor or subcontractor control;

The likelihood that EOP data and information will or has been compromised

(made accessible to and usable by unauthorized persons);

Known misuses of EOP data and information, if any; and, Assessment of the potential harm to the affected individuals.

(4) The EOP and the contractor will mutually establish additional reporting requirements based on the nature and severity of the breach.

(5) In instances of theft, break-in, or other criminal activity affecting or involving EOP data and information, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of the jurisdiction. The contractor, its employees, and its subcontractors as well as their employees shall cooperate with the

EOP and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with the EOP in any civil litigation to recover

EOP information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

(d) Points of Contacts: Contractors and subcontractors shall report a breach or potential breach of EOP data and information to the CND at 202-757-6211 (available 24/7/365). Any questions regarding these procedures shall be directed to the CO.

(vii) The period of performance is for five years inclusive of a base and four one-year option years.

(viii) The provision at 52.212-1 Instructions to Offerors – Commercial Items (Mar 2020) applies to this acquisition.

SECTION 5: ADDENDUM - INSTRUCTIONS, CONDITIONS, AND NOTICES TO

OFFERORS

The Government expects the Contractor to examine this entire RFQ. Failure to do so will be at the contractor’s own risk. The Government will reject a quote if it does not contain all of the requested information, as outlined herein. This RFQ does not commit the Government to pay any costs incurred by the contractor in preparation and submission of initial, or any subsequent, quotes or for any other costs incurred prior to award of the Purchase Order. The contractor shall acknowledge all amendments to the RFQ, if applicable.

The Contractor shall submit the quote per the following instructions:

• Offerors shall submit quotes via email to Chanda Cannon at ccannon@oa.eop.gov and

Mashonda Walston at mwalston@oa.eop.gov.

• Offers shall include the solicitation number and the name, address, email, DUNS number, and the telephone number of the offeror.

• Offeror shall include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

• Offeror shall provide pricing in accordance with Section v – Pricing.

• Complete and Sign Attachment A - Non-Disclosure Agreement.

• Complete Boxes in Attachment B - Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction.

• Acknowledgment of Solicitation Amendments, if applicable.

The Government will award to the Lowest Price Technically Acceptable (LPTA) quote. The

Government will base technical acceptability on the vendor’s ability to provide Subscription for

Aluminum Market Intelligence and Industry Data in accordance with Sections (v) and (vi). Unless the Government rejects the offers, it will award a Purchase Order resulting from this RFQ.

Period for acceptance of offers: The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless an addendum to the solicitation specifies another time.

(ix) FAR 52.212-2 - Evaluation—Commercial Items (Oct 2014) applies to this Procurement.

(x) Include a completed copy of the provision at 52.212-3, Offeror Representations and

Certifications - Commercial Items, with quote.

FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (June 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13

CFR part 127. It automatically qualifies as a women-owned small business eligible under the

WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

Manufactured end product means any end product in product and service codes (PSCs) 1000-

9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of

2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of

2007) conducting the business can demonstrate—

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets

Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

or

(6) Have been voluntarily suspended.“Sensitive technology”—

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 veteransor, 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 with13 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 at13 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 CFR124.104(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 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.

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 least51 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.

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

(2) The offeror has completed the annual representations and certifications electronically in

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

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

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

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

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

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

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.]

The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(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) Representations required to implement provisions of Executive Order11246- (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 http://uscode.house.gov/ 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.