COMBO RFQ.pdf

Combined Synopsis/Request for Quote: LP Gas Service Issue Date/ 14 December 2022

LP Gas

FA5270-23-Q-A007

(The quote shall remain valid until 90 days after the date of solicitation)

1. This is a Combined Synopsis/Solicitation for a firm fixed price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract set forth in the solicitation are in accordance with Para 1.2 within the performance work statement. The estimated total quantity the government expects to order during the one base year plus four option years from date of award is outlined in Attachment 5.

This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-08 – 28 October 2022; DPN 20221028- 28 October 2022; and AFAC 2022-0701 – 01 July 2022.

2. The North American Industry Classification System (NAICS) code is 457210 – Fuel Dealers. This requirement will utilize full and open competition and will not provide for any socio-economic set asides. Small business size standards are not applicable to this acquisition.

3. Offerors must be registered in the System for Award Management (SAM) at http://www.beta.sam.gov/, in order to be considered for award. A current copy of a prospective awardee’s Reps and Certs will be validated using the SAM website prior to the issuance of an award.

4. For information regarding the service acceptor or point of acceptance, please refer to 252.232-7006

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) (incorporated by full text) below.

5. The following commercial provisions and clauses are applicable to this acquisition:

52.212-1 Instructions to Offerors-Commercial Items (Nov 2021) and its addendum on page 5 of this solicitation, 52.212-2 Evaluation-Commercial Items (NOV 2021) and its addendum on page 6 of this solicitation, 52.212-3 Offeror Representations and Certifications-Commercial Items (May 2022), 52.212-4 Contract Terms and Conditions-Commercial Items (Nov 2021) and its addendum on page 8 of this solicitation, and 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (May 2022).

6. Except for what is listed within this Combined Synopsis/Solicitation, there are no other additional terms and conditions that the Contracting Officer has considered to be necessary for this acquisition and consistent with commercial practices.

7. This notice is a request for competitive quotations. Therefore, all quotations received prior to the RFQ close date will be considered.

8. Please respond to this RFQ by emailing response to: Asaki Nakasone and TSgt Surop MartelAngelo

E-mail: asaki.nakasone.jp@us.af.mil (Phone: DSN: 634-5036) and martelangelo.surop@us.af.mil (Phone: DSN 634-4703) Questions due Wednesday 21 December 2022, 12:00PM JST Past and Present Performance Questionnaire due Monday 9 January 2023, 16:00AM JST

Quotes due Monday 16 January 2023, 10:00 AM JST

It is the vendor’s responsibility to monitor the SAM system for amendments issued in reference to this requirement. Any potential amendments will be posted in the same fashion as the solicitation. All Contractors who provide goods/services to the DoD must be registered in the System for Award Management (SAM). Failure to comply with SAM registration will deem the Offeror ineligible for award. Please email Asaki Nakasone with additional questions at the above noted email address.

Please provide a completed copy of the price exhibit (Attachment 5). Failure to provide prices on all CLINs will render the quote unacceptable and ineligible for award consideration in the absence of discussions.

Contract Limits:

IDIQ Minimum - $25,000.00 IDIQ Maximum - $980,000.00

9. PLEASE PROVIDE THE INFORMATION BELOW:

Company Name:

Address:

UEI #:________________________ Required Cage Code #:______________________

POC: __________________________ Telephone #:______________________________

Email Address:________________________________

Tax ID #:____________________________________

Warranty Information:_______________________

Payment Terms:____________________________________

10. PROVISIONS/CLAUSES

The following FAR/DFARS/AFFARS provisions and clauses are applicable to this solicitation: It is the contractor’s responsibility to be familiar with applicable clauses and provisions. Clauses and provisions can be found at: https://www.acquisition.gov/ (For full text references, go to the link above.)

https://www.acquisition.gov/

52.203-3 Gratuities (Apr 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(June 2020) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper (May 2011) 52.204-7 System for Award Management (Oct 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov

2021) 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021) 52.212-1 Instruction to Offerors—Commercial Items (Nov 2021) 52.212-4 Contract Terms and Conditions—Commercial Items (Nov 2021) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data-Modifications (Nov 2021) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.216-27 Single or Multiple Awards (Oct 1995) 52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019) 52.222-29 Notification of Visa Denial (Apr 2015) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct

2020) 52.223-3 Hazardous Material Identification and Material Safety Data (Feb

2021) 52.223-10 Waste Reduction Program (May 2011) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (AUG 2018) 52.225-14 Inconsistency Between English Version and Translation of Contract

(Feb 2000) 52.228-3 Workers’ Compensation Insurance (Defense Base Act) (Jul 2014) 52.228-4 Worker’s Compensation and War-Hazard Insurance Overseas (Apr

1984) 52.229-6 Taxes-Foreign Fixed-Price Contracts (Feb 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Nov 2021) 52.242-13 Bankruptcy (July 1995) 52.242-17 Government Delay of Work (Apr 1984) 52.243-1 Changes- Fixed Price—Alternate II (Apr 1984) 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) 252.204-7004 Level I Antiterrorism Awareness Training for Contractors (FEB 2019) 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 Disclosure of Information to Litigation Support Contractors (May

2016) 252.204-7016 Covered Defense Telecommunications Equipment Or Services—

Representation (Dec 2019) 252.204-7017 Prohibition On The Acquisition Of Covered Defense

Telecommunications Equipment Or Services—Representation. (May 2021)

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government (Jun 2010)

252.209-7004 Subcontracting With Firms That Are Owned Or Controlled By The Government Of A Country That Is A State Sponsor Of Terrorism (May 2019)

252.215-7008 Only One Offer (Jul 2019) 252.215-7013 Supplies And Services Provided By Nontraditional Defense

Contractors (Jan 2018) 252.222-7002 Compliance With Local Labor Laws (Overseas) (Jun 1997) 252.223-7006 Prohibition On Storage, Treatment, And Disposal Of Toxic Or

Hazardous Materials—Basic (Sep 2014) 252.223-7008 Prohibition Of Hexavalent Chromium (Jun 2013) 252.225-7012 Preference For Certain Domestic Commodities (Apr 2022) 252.225-7041 Correspondence In English (Jun 1997) 252.225-7042 Authorization To Perform (Apr 2003) 252.225-7048 Export Controlled Items (Jun 2013) 252.225-7050 Disclosure Of Ownership Or Control By The Government Of A

Country That Is A State Sponsor Of Terrorism (Sep 2021) 252.225-7055 Representation Regarding Business Operations With The Maduro

Regime (May 2022) 252.225-7056 Prohibition Regarding Business Operations With The Maduro

Regime (May 2022) 252.225-7976 Contractor Personnel Performing In Japan (DEVIATION 2018-

O0019) 252.226-7001 Utilization Of Indian Organizations, Indian-Owned Economic

Enterprises, And Native Hawaiian Small Business Concerns (Apr 2019)

252.226-7002 Representation For Demonstration Project For Contractors Employing Persons With Disabilities (Dec 2019)

252.229-7001 Tax Relief—Basic (Apr 2020) 252.232-7003 Electronic Submission Of Payment Requests And Receiving Reports

(Dec 2018) 252.232-7008 Assignment Of Claims (Overseas) (Jun 1997)

252.232-7010 Levies On Contract Payments (Dec 2006) 252.233-7001 Choice Of Law (Overseas) (Jun 1997) 252.237-7010 Prohibition On Interrogation Of Detainees By Contractor Personnel

(Jun 2013) 252.243-7002 Requests For Equitable Adjustment (Dec 2012) 252.244-7000 Subcontracts For Commercial Items (Jan 2021) 252.247-7022 Representation Of Extent Of Transportation By Sea (Jun 2019) 252.247-7023 Transportation Of Supplies By Sea (Feb 2019) 5352.223-9000 Elimination Of Use Of Class I Ozone Depleting Substances (ODS)

(Oct 2019) 5352.223-9001 Health And Safety On Government Installations (Oct 2019)

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c)If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i)In a criminal proceeding, a conviction.

(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii)In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2)If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov.

(End of provision)

ADDENDUM TO FAR 52.212-1,

INSTRUCTIONS TO OFFERORS - -COMMERCIAL ITEMS (Nov 2021)

QUOTE CONTENTS

1. To assure timely and equitable evaluation of quotes, offerors must follow the instructions contained herein. This section specifies the format and content that offerors shall use in this Request for Quote (RFQ). The intent is not to restrict the offerors in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes. Offerors must submit a quote that is legible and comprehensive enough to provide the basis for a sound evaluation by the Government.

Information provided should be precise, factual, and complete. Legibility, clarity, completeness, and responsiveness are of the utmost importance. Quotes shall be in the form prescribed by, and shall contain a response to, each of the areas identified below. Any quote which does not provide, at a minimum, that which is required in this solicitation may be determined to be incomplete /non-compliant and not warrant for any further consideration. The response shall consist of two (2) separate submittals:

https://www.sam.gov/

PART I – Pricing;

PART II – Past and Present Performance

PART I – Price:

(a) Quoter shall insert proposed unit and extended prices in Attachment 5 Price Exihibit.

PART II – Past and Present Performance:

(a) Quoters shall use the solicitation Attachment 3 (Past and Present Performance Data) and Attachment 4 (Past and Present Performance Questionnaire) for submission of their quotation.

(b) Past and Present Performance Information: Provide a list of no more than five, of the most recent/relevant contracts performed for U.S. Department of Defense and U.S. Federal agencies, or any other local municipal offices/companies within the last three years from the date of issuance of this solicitation, that are similar scope, complexity, and dollar amount to the LP Gas servicing as stated in the Performance Work Statement of this solicitation. Furnish the following information for each contract listed:

(1) Name of Customer/Company/ Address

(2) Title of Project

(3) Clear Narrative of Work

(4) Period of Performance

(5) Contract POC, Phone, Email

(6) Contract Number and Dollar Value

(7) Remarks - Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

(c) Subcontractor Consent: Past and present performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past and present performance information to the prime contractor.

5. Inquiries. Formal communications/inquiries, such as requests for clarifications and/or information concerning the solicitation, MUST be submitted in writing using Attachment #2 – Question Form. When addressing questions concerning any aspect of the solicitation, state the page number, section, and paragraph number. Offerors shall submit the questions by email to asaki.nakasone.jp@us.af.mil and martelangelo.surop@us.af.mil. All questions must be forwarded no later than Dec 21, 2022 12:00 JST ensure that the Contracting Officer has sufficient time to post responses on SAM.

(End of provision)

52.212-2 -- Evaluation -- Commercial Items (Nov 2021)

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

mailto:asaki.nakasone.jp@us.af.mil mailto:martelangelo.surop@us.af.mil

I. Price;

II. Past and Present Performance

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

(End of Provision)

Addendum to 52.212-2, Evaluation -- Commercial Items.

(c) BASIS FOR AWARD: This is a competitive Lowest Price Acceptable Performance (LPAP) evaluation conducted in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13, Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Air Force Federal Acquisition Regulation Supplement (AFFARS). By submission of its quotation in accordance with the instructions & conditions provided in clause FAR 52.212-1, Instructions to Offerors - Commercial Items, the quoter accedes to the terms of this model agreement. Failure to meet a requirement may result in a quotation being determined unacceptable.

Award will be made to the lowest TEP offer that meets the acceptability standards for non-price factors.

1. Evaluation Procedures. Following receipt of responses to this RFQ, the Government will perform a comparative analysis (compare quotations) in order to select the quoter that is best suited to fulfill the requirements of the RFQ. The comparative analysis will be based on the offeror’s submissions as compared to the factors outlined below, given their stated relative order of importance.

Responses to this solicitation will be evaluated against the following factors.

I. Price Evaluation.

(a) The quotes received before the solicitation closing date and time will be evaluated for price reasonableness. It is expected that the competitive nature of this acquisition will drive price reasonableness; however, the Government reserves the right, if it deems appropriate, to make this determination by another means as described in FAR 13.106-3. Unreasonable prices submitted may be grounds for eliminating a proposal from further consideration if prices are determined to be incompatible with the scope of the effort to be accomplished on the basis the quoter does not understand the requirement. Unbalanced prices may create performance risk.

(b) The Government will rank all quotations by Total Evaluated Price (TEP), including all option prices. The price evaluation will document fairness and reasonableness of the TEP. A TEP will be computed for each quotation. A TEP will be computed for each offer in order to meet the requirements of FAR Parts 6 and 17. The price of a six-month extension authorized by 52.217- 8, Option to Extend Services, will be added to the proposed price for each potential contract performance period. The TEP is a two-part computation. First, the offeror's total proposed price will be determined by multiplying the quantities identified in Attachement 5 by the unit price, limited to two decimal places, for each Contract Line Item Number (CLIN) to confirm the extended total amount for each CLIN; the sum of all extended amounts will be the offeror's total proposed price. Second, the total proposed price (total amount for CLINs 0001 - 4001) plus the sum of Option to Extend Services clause 52.217-8 formula (shown below) will constitute the TEP.

The formula for the Option to Extend Services amount is as follows:

Base Period = CLIN Extended Amount x 0.5 Option Year 1 = CLIN Extended Amount x 0.5 Option Year 2 = CLIN Extended Amount x 0.5 Option Year 3 = CLIN Extended Amount x 0.5 Option Year 4= CLIN Extended Amount x 0.5

II. Past and Present Performance. The Government will evaluate recent and relevant performance information on all offerors based on (i) the references provided by the offeror, and (ii) any past performance information obtained from survey/questionnaires (Attachment 4), and any data independently obtained by the government. If a reference identified by the offeror in accordance with 52.212-1 does not submit a survey/questionnaire, the government will follow up with the reference POC, but it is not responsible for the failure of a reference POC to provide a survey/questionnaire. Greater consideration will be given to past and present performance effort that meets the scope, magnitude, and complexity of the requirement as described in this RFQ. For evaluation purposes, the scope, magnitude, and complexity are all weighted equally.

(A) Recent past performance information includes contracts performed and/or being performed for any customer within the last three (3) years prior to the issuance date of the solicitation.

(B) The government will assign an overall relevancy rating as described in Table 1 below:

Table 1. Past and Present Performance Relevancy Ratings Rating Definition

Rating Definition

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

(C) Performance Quality Assessment: : The performance quality of work will be assessed if an offeror only has work that is not relevant based on the Quality Assessment Criteria evaluated under 52.212-2 EVALUATION-COMMERCIAL ITEMS and IAW Table 2 below, as well as the evaluation ratings in the Federal Past Performance Information Retrieval System (PPIRS), if available.

Table 2. Quality Assessment Ratings Rating Rating Definition

Satisfactory (S)

During the contract period, contractor performance is meeting (or met) contract requirements. For any problems encountered, contractor took effective corrective action.

Unsatisfactory (U)

During the contract period, contractor performance is not meeting (or did not meet) contract requirements. For any problems encountered, corrective action appeared only marginally effective, not effective, or not fully implemented. Customer involvement was required.

The past performance evaluation is an assessment of the offeror’s probability of meeting the solicitation requirements. Offerors must receive a past performance rating of “Acceptable” to be eligible for award.

For offerors in a teaming arrangement where two or more companies form a partnership or joint venture (JV), the following will apply: (i) for a JV at least one partner must be rated “Acceptable;” and (ii) for prime-subcontractor(s) partnerships, the prime must be rated “Acceptable” in order for the partnership to be rated “Acceptable” as a whole.

As a result of the recency, relevancy, and performance quality assessments, offerors will receive an integrated past performance rating as described in Table 3 below:

Table 3, Past Performance Evaluation Ratings Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating cannot be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have an unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral shall be considered “acceptable.”

1. Award shall be based on All or None acceptable quotation deemed most advantageous to the

Government.

2. In order to be considered for award, the offeror’s technical quotation must be rated as “Acceptable.” The Government reserves the right to award a contract to other than the lowest TEP. In that event, the Contracting Officer will make an integrated assessment best value award decision using the TEP and the Past and Present Performance Information.

3. The Government intends to make a selection based on the initial offer submissions without conducting interchanges. However, the Government reserves the right to hold interchanges if, during the evaluation, it is determined to be in the best interest of the Government. Interchanges may be conducted with one, some or all offerors.

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

(End of Provision)

52.212-3 Alt I Offeror Representations and Certifications-Commercial Items (May 2022)

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

(a) Definitions. As used in this provision—

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

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

https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

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

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—

(1) 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.

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(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent 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.

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(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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

____ Black American.

____ Hispanic American.

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

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

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

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

(d) Representations required to implement provisions of Executive 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. (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.)

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(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:

Line Item No. Country of Origin

(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-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. 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. Country of Origin

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. 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

[List as necessary]

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III.