D1 Solicitation Document Number - M67861-20-Q-0012.docx (002).pdf

M6786120Q0012

Section SF 1449 - CONTINUATION SHEET

SALIENT CHARACTERISTICS

Provide assemble and install commercial quality 121 2 tier security cages – see attached drawings.

(All measurements are estimated)

1. Cages are to be 36” D x 34” W x 96” H.

2. Require 10 gauge woven wire, 2” x 2” square mesh wire. All wire edges are to be welded to 1 ¼”x 1 ¼” x 1/8” angle frame.

3.Swing doors are to be 34” W x 96” H with 3 hinges, a padlock hasp and 2 stop tabs, 1 close to the top and 1 close to the bottom of the door.

4. Double back to back cages are to share a non-painted galvanized sheet metal or woven wire back panel 34” W x

96” H ( one continuous piece).

5. Cages are to have a non-painted galvanized metal shelf 34” W x 36” D with a minimum load capacity of 250 lbs.

The shelfs are to be installed at mid-point to form 2 equal levels/openings. Require mounting angle 1 ¼” x 1 ¼” x

34” L.

6. Cages are to be secured to the floor with small wedge anchors.

7. Wire sides, roofs and doors are to be painted dark brown with enamel gloss paint.

8. Delivery, Assembly and Installation.

STATEMENT OF WORK

The site address is:

4th LAR BN, 4th Marine Division

100 Nelson Rd. Bldg. 41407

Camp Pendleton, California 92055

Scope. The acquisition, timely delivery, assembly and installation of commercial quality security cages at the site address listed above.

1. Contractor

- Vendor shall be responsible for accurate measurements and proper assembly and installation of security cages.

- Vendor shall be responsible for bolting/attaching to the floor and or wall 121 2 tier standalone security cages.

- Vendor must use a trusted/known source for proper assembly and placement of commercial quality security cages. “Trusted/known” will be defined as a service provider that will not void any warranties by utilizing their services. If vendor utilizes a temporary employment agency (i.e. “Labor Ready”), the workers must have the skill sets for and prior work experience for proper assembly and installation of commercial quality security cages.

- The Government will not furnish any of the tools or equipment required for removal, assembly or placement on of the security cages.

- This entire job shall be completed no later than 60 Days after contract is awarded.

2. Contracting Project Manager (COR)

- All required actions will come through the COR. The COR [Name, Email, and Phone Number] will be identified at time of award.

- Vendor will provide a Project Manager (PM)

- Duties will include:

Project plan and milestone schedule at least 10 days after contract is awarded.

Coordination for Project installation, item delivery and inventory control with COR.

Project closure meeting once project is complete will be coordinated with COR.

Performance of work is executed within normal business practices.

Contractor Project Manager will coordinate all changes with Contracting Officer.

3. Facility.

- Security clearance not required. Site entrance details will be provided at time of award.

- Cutover will be conducted during normal working hours, Monday-Friday 0800-1600, or at the customer’s discretion and during non-holiday hours.

- No loading dock.

- No ramp access into the space.

- Distance between off load and entrance is 100ft (EST.).

- Single door entrance to the site.

- No steps leading to the entrance.

- Single floor.

PLEASE REFERENCE SOLICITATION ATTACHMENTS:

(1) GOVERNMENT GOOD FAITH ESTIMATES FOR SECURITY CAGES

SAFETY GUIDANCE:

Contractors should adhere to all relevant safety guidance, including (but not limited to):

(a) EM 385-1-1 – U.S. Army Corps of Engineers Safety and Health Requirements Manual

(b) OPNAVINST 5100.23 (series), Navy Occupational Health and Safety Program Manual

(c) MCO 5100.29 (series), Marine Corps Safety Program

(d) MCO 5100.8, Marine Corps Occupational Safety and Health (OSH) Policy Order

(e) NAVMC DIR 5100.8, MARCOR OSH Program Manual

Contracting Officer’s Representatives should immediately report accidents/injuries sustained during contract performance to the Contracting Officer so that the Contracting Officer may report said accidents/injuries to responsible agency safety officials.

16.0 ENTERPRISE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA):

Pursuant to NMCARS 5237.102(90), the contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the 4th LAR BN via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission

(D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address:

https://www.ecmra.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year

(FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil.

SITE SURVEY INFORMATION

Site survey POC: Sgt Dayton J. Greenwalt at dayton.greenwalt.mil and Tammy M. Crump at tammy.crump@usmc.mil.

Site survey location: 4th LAR BN, 4th MARDIV

100 Nelson Rd. Bldg. 41407

Camp Pendleton, California 92055

Site survey dates and times: July 24, 2020 at 9:00 a.m.

Attendees are to meet Mr. Steve Elggren at the Denny’s Restaurant near the front gate of MCB Camp Pendleton at 8

AM on 24 July 20. He will be driving a white pickup truck with a black tool box on the back. All vendors must be present at 9:00 a.m. sharp. Everyone will be escorted on site at the same time.

PLEASE RSVP VIA EMAIL ONLY: All those interested in attending the site visit are to contact Sgt Dayton J.

Greenwalt and Tammy M. Crump via email: dayton.greenwalt@usmc.mil and tammy.crump@usmc.mil no later than 20 July 20 and provide their company name, names and phone numbers of those that will be attending the site visit. The site survey will take approximately about an hour to complete.

This site visit is offered to allow industry experts to take their own measurements and determine the placement of security cages based on those measurements.

PLEASE NOTE: The site survey will be conducted using the documentation included in the RFQ. Please ensure that you bring your own copies to the site visit because the unit with not be able to supply you with any documentation.

The RFQ/Solicitation will be amended post survey visit to incorporate discovery and changes determined during site visit.

With the exception of the formal site visit; do not contact or re-visit the unit for any reason. Please refer any questions or concerns via email to: Sgt Dayton J. Greenwalt at dayton.greenwalt.mil and Tammy M. Crump at tammy.crump@usmc.mil.

"Any direct customer contact by Vendors is not authorized during the solicitation phase or your quote may be at risk of being eliminated from consideration for this solicitation."

INSTRUCTIONS TO OFFERORS

mailto:dayton.greenwalt@usmc.mil

1. This is a Solicitation for commercial items IAW FAR Subparts 12, 13 and 19.

2. This solicitation will be awarded on an all-or-none basis.

3. This is a Competitive solicitation under FAR Part 12, and 19 for a firm-fixed price contract for the purchase asembly and installation of Security Cages.

4. This requirement is a 100% set-aside to small businesses. The applicable NAICS is 332618 and the small business size standard is 500 Employees.

5. Market research conducted via Dynamic Small Business Search, SAM, World Wide Web

(WWW), GSA Advantage, Previous Requirement and Open Market Request for Information

(RFI) revealed that there is a reasonable expectation of obtaining two or more offers from small business concerns. FAR Part 19.502-2 (a) Class Deviation 2018-00018 - Each acquisition of supplies or services that has an anticipated dollar value exceeding the micro-purchase threshold but not exceeding the simplified acquisition threshold, is automatically reserved exclusively for small business concerns and shall be set aside for small business unless the contracting officer determines there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery.

Marine Forces Reserve Small Business Program Small Business Professional Authorized

Representative concurs with this action.

QUOTATION INSTRUCTIONS

6. Submit bid response packages electronically via email only to dayton.greenwalt@usmc.mil and tammy.crump@usmc.mil. All bids should include an overall total price in addition to individual pricing by contract line item (CLIN).

Emailed quotes may not exceed 5MB in size due to server/network restrictions, multiple emails may be submitted if necessary to ensure timely and complete receipt of your bid, only pdf email attachments are authorized as any other email attachment types may be rejected by this agencies servers.

7. All responsible sources may submit a quotation which, if received in a timely manner, should be considered by the agency.

8. Award will be made to the lowest-priced technically acceptable (LPTA) offer, with acceptable performance

The Technical Evaluation Template that will be used to evaluate the LPTA bid is incorporated herein for

Contractor awareness only. See FAR 52.212-2 herein for technical evaluation procedures.

9. Method of Invoicing/Payment: Wide Area Workflow (WAWF) DFARS 252.232-7006 WAWF

Instructions.

10. Any direct customer contact by Bidders is not authorized during the solicitation phase or your bid may be at risk of being eliminated from consideration for this solicitation.

11. NO PHONE CALLS will be accepted regarding this solicitation. ALL QUESTIONS should be sent in writing via email to dayton.greenwalt@usmc.mil and tammy.crump@usmc.mil.

12. The Contracting Officer reviews Supplier Performance Risk System (SPRS) for supplies less than $1M and

Federal Awardee Performance and Integrity Information System (FAPIIS)/Contract Performance

Assessment Reporting System (CPARS) for services and for supplies greater than or equal to $1M as part of technical acceptability and responsibility determination purposes.

13. Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation. Quotes are considered late if not received by the solicitation closing date, time, and time zone. Offerors bear the burden of ensuring that all portions of the quote (and any authorized amendments) are emailed to dayton.greenwalt@usmc.mil and tammy.crump@usmc.mil before the deadline specified in the solicitation.

INSTRUCTIONS TO BE CONSIDERED RESPONSIVE TO THIS SOLICITATION

14. Bidders should include and comply with all remaining numbered instructions to Offerors:

a) CAGE code

b) DUNS number

c) Address

d) Point of contact (email and telephone number)

15. Delivery lead time after receipt of order for supplies and period of performance for services if different than listed in the solicitation document. List by line item if the delivery lead time differs from one line item to another. This should be visible on the face of the quote and not incorporated as a link or other attachment.

16. Prompt payment/discount terms (if offered). This will not be used to evaluate offers.

17. All responses to this solicitation should submit pictures, drawings and descriptive literature (make, model, and description of the items) to permit the contracting agency to assess whether the product meets all the salient characteristics specified in the solicitation. This agency will not be responsible for locating or obtaining any information not included as a hardcopy attachment in a response to this solicitation.

18. It is the offerors responsibility to furnish sufficient information and detailed specifications to the government to determine acceptability of the offered item(s). Failure to provide product quotes that meet the salient characteristics may result in quote being considered non-responsive.

19. Solicitation/Contract Line Item Numbers (CLIN) Structure – Potential bidders should submit bids in the same CLIN structure as outlined in the solicitation for bid evaluation purposes. However, an alternate line item structure can be submitted as an additional attachment consolidating like line items and pricing for award consideration.

20. Assignment of Claims – Potential bidders that may need an Assignment of Claims as described in FAR

32.8 (copy/paste link into web browser: http:// https://www.acquisition.gov/) should include a statement on bid that" Assignment of Claims is required if selected for award." Assignment of Claims will not be used as an evaluation factor for award. However, all Assignment of Claims documentation should be submitted with bid or provided BEFORE accepting award for Contracting Officer determination. The Government reserves the right to disapprove a request for Assignment of Claims; vendor will be advised of disapproval prior to drafting of award so vendor may determine if it can still fulfill the contractual requirement without an Assignment of Claims. If request for Assignment of Claims is not included in bid or required documentation is not provided PRIOR to Contractor acceptance of award, the Contracting Officer may reject request for Assignment of Claims and award to the next qualified offeror.

21. System for Award Management (SAM.gov) – Potential bidders not currently registered at SAM.gov should register (including completion of certifications and representations) to be considered for award.

Registration may take several days to be visible at SAM.gov, therefore, affected bidders should provide proof of registration/date with bid submittal. Contact SAM.gov website points of contact if you need assistance with registration.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Security Cages

FFP

121 2 tier standalone security cages. Please Reference Salient Characteristics and

Statement of Work herein.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

MILSTRIP: M1403020SU4LBN1

PURCHASE REQUEST NUMBER: M1403020SU4LBN1

PSC CD: 7125

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each Delivery, Assembly and Installation

FFP

Delivery, Assembly and Installation of 121 2 tier standalone security cages. Please

Reference Salient Characteristics and Statement of Work herein.

FOB: Destination

MILSTRIP: M1403020SU4LBN1

PURCHASE REQUEST NUMBER: M1403020SU4LBN1

PSC CD: 7125

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 60 dys. ADC 1 4TH LAR BN, 4TH MARDIV

SSGT DOMINIQUE L. WILLIAMS

4TH LAR BN MCB BOX 555225, BLDG

#41407

100 NELSON ROAD

CAMP PENDELTON CA 92055

760-725-3331

M14030

0002 60 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

M14030

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

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

AUG 2019

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

DEC 2019

52.212-1 Instructions to Offerors--Commercial Items JUN 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

MAR 2020

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on

National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices

(including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other

Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order

13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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

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

The basis for award is Lowest Price Technically Acceptable (LPTA). The apparent successful, prospective contractor must have acceptable past performance:

I. Technical Acceptability is defined as meeting all of the salient characteristics identified in this solicitation document. The Technical Evaluation Worksheet is incorporated into this solicitation for reference.

II. Past Performance will be rated on an "acceptable" or "unacceptable" basis. The apparent successful, prospective contractor must have acceptable past performance. The Supplier Performance Risk System (SPSR) application (https://www.sprs.csd.disa.mil ) will be used in the evaluation of suppliers' past performance history for the FSC and PSC of the supplies being purchased in accordance with DFARS 213.106-2(b)(i). Any contractor with a Supplier Risk Score in the lowest 5% will be rated as 'unacceptable' unless information is so sparse that no meaningful past performance rating can be reasonably assigned, the contractor may not be evaluated favorably or unfavorably on past performance

In the case of an apparent successful, prospective contractor 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 can be reasonably assigned, the contractor may not be evaluated favorably or unfavorably on past performance.

Therefore, the contractor shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" will be considered "Acceptable."

III. Quotations will be ranked in order of lowest price to highest price. The lowest-priced quotation will be evaluated first. If the lowest-priced quotation (a) is deemed technically acceptable, (b) and its pricing determined fair and reasonable by the Contracting Officer, (c) and the contractor is determined to have acceptable Past

Performance, no other quotations will be evaluated and award will be made to the lowest-priced contractor. If the lowest price quotation is determined technically unacceptable, or has unacceptable past performance, or its price https://www.sprs.csd.disa.mil/ cannot be determined fair and reasonable, the next lowest price quotation will be sent for technical evaluation, past performance evaluation and price analysis. This process is repeated in order of price until a quotation is deemed technically acceptable, its price determined fair and reasonable by the Contracting Officer, and the contractor’s past performance determined acceptable.

EVALUATION WORKSHEET FOR LOWEST PRICE TECHNICALLY ACCEPTABLE DETERMINATION

TECHNICAL ACCEPTABILITY

Salient Characteristics Technically Acceptable

Not Technically Acceptable

Explain in Detail Why Not Technically

Acceptable

All Measurement are Estimated Provide and install commercial quality 121 2 tier security cages – see attached drawings.

(All measurements are estimated)

1. Cages are to be 36” D x 34” W x 96” H.

2. Require 10 gauge woven wire, 2” x 2” square mesh wire.

All wire edges are to be welded to 1 ¼”x 1 ¼” x 1/8” angle frame.

3.Swing doors are to be 34” W x 96” H with 3 hinges, a padlock hasp and 2 stop tabs, 1 close to the top and 1 close to the bottom of the door.

4. Double back to back cages are to share a non-painted galvanized sheet metal or woven wire back panel 34” W x

96” H ( one continuous piece).

5. Cages are to have a non-painted galvanized metal shelf

34” W x 36” D with a minimum load capacity of 250 lbs.

The shelfs are to be installed at mid-point to form 2 equal levels/openings. Require mounting angle 1 ¼” x 1 ¼” x 34”

L.

6. Cages are to be secured to the floor with small wedge anchors.

7. Wire sides, roofs and doors are to be painted dark brown with enamel gloss paint.

8. Delivery, Assembly and Installation.

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

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

(End of provision)

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

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 https://www.sam.gov/

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

(50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

51 percent of its stock is owned by one or more women; or

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

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

United States.

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible http://www.sam.gov/ under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

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

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal

Opportunity clause of this solicitation, the and

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

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

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR

Subparts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of

“domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,''

``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,''

``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

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

End Products) or Israeli End Products:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli

Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

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

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

(g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

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

(g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

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

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

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

Peruvian End Products) or Israeli End Products:

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

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

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

Other End Products:

(iii) The…