Sol_D15PS00283.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CODE 16. ADMINISTERED BYCODE

X

X

X

524298

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORD21

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/08/2015 1200 ET

03/23/2015

703-964-3638Melissa Onyszko (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

D15PS00283

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

Herndon VA 20170 Suite 4000 381 Elden St Division 2/ Branch 1

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.0

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Interior Business Center, AQD

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Melissa Onyszko

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

Solicitation Number

D15PS00283

Document Title ARH Strawberry Evaluation

Page

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) subpart 12.6, as supplemented with additional information included in the notice and following the Simplified Acquisition Procedures in FAR Part 13.5.

THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING

REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-80.

This acquisition is a total small business set-aside.

This contract will involve submitting reports on the results of a comprehensive analysis and evaluation of the ARH-Strawberry Crop Insurance Program. In general, the work will involve interviewing techniques; critical thinking and innovative problem solving techniques; compiling and analyzing results of research; data collection and review, and data analysis; categorizing, analyzing, and summarizing verbal information; report writing, and project planning, scheduling and quality control. More specifically, the program evaluation will involve evaluating the applicable insurance program materials;

obtaining grower and insurance provider feedback; and tendering reports that document the contractor’s evaluation of the program and its recommendations.

The resultant award will be a Firm-Fixed-Price (FFP) with travel and other direct costs reimbursed at cost.

NAICS code Number 524298 entitled “All Other Insurance Related Activities” with a size standard of $15.0 million, and Product Service Code R410 “Support-Professional: Program Evaluation/Review/Development”.

Offeror's must also ensure that their firm is registered in the System for Award Management (SAM). For information, refer to http://www.sam.gov.

Offerors must submit all technical questions concerning this solicitation in writing by e-mail to the Contracting Officer, Melissa_Onyszko@ibc.doi.gov and Contract Specialist, Denise_Carrio@ibc.doi.gov.

All questions must be received no later than 12:00 PM Eastern Time (ET) on March 31, 2015.

Acquisition Services Directorate will answer questions, which may affect offers, in an amendment to the solicitation. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective offerors. The offeror or source of the question will not be referenced when issuing an amendment to the solicitation.

CLOSING DUE DATE: April 8, 2015.

TIME: 12:00 P.M. EASTERN TIME (ET)

Document Title ARH Strawberry Evaluation

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

FAR PROVISION INCORPORATED BY REFERENCE

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR Clauses: https://www.acquisition.gov/FAR/

(End of Provision)

52.212-1 -- Instructions to Offerors -- Commercial Items (Apr 2014) is incorporated by reference.

FAR PROVISION INCORPORATED BY FULL TEXT

52.212-1 ADDENDUM to Instructions to Offerors - Commercial Items

This effort will be performed under the authority of Federal Acquisition Regulation 13.5 entitled “Test Program for Certain Commercial Items.” The codes for this requirement are as follows: NAICS code Number 524298 entitled “All Other Insurance Related Activities” with a size standard of $15.0 million, and Product Service Code R410 “Support-Professional: Program Evaluation/Review/Development.”

This acquisition is a total small business set-aside.

Offeror agrees to hold the prices in its offer firm for at least 60 calendar days (52.212-1 (c)).

Offeror shall submit one offer and is not encouraged to submit multiple offers (52.212-1 (e)).

GUIDELINES FOR REQUEST FOR QUOTE

Request for Quote (RFQ), Solicitation Number D15PS00283

The US Department of Interior, through Acquisition Services Directorate (AQD), is issuing this solicitation as a RFQ on behalf of USDA/RMA. This RFQ is being issued pursuant to Federal Acquisition Regulation (FAR) Part 13.5. This requirement is for the purpose of entering into a contract for the purposes of obtaining the deliverables and services stated in the statement of work. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-80.

Acquisition Services Directorate operates as a Federal Franchise Fund Contracting Office under the authority of the Government Management Reform Act and provides contracting support to Federal Civilian and Department of Defense Agencies. AQD will handle the solicitation and resultant contract administration, as well as payment of invoices.

Document Title ARH Strawberry Evaluation

INSTRUCTIONS

Offeror shall submit three volumes: 1) Technical, 2) Past Performance, and 3) Price. No pricing information should be included in the technical volume. Any pricing information included in the technical volume will be removed prior to the technical evaluation team receiving the technical quote, and will not be evaluated. Therefore, any technical information necessary for the Government to perform the technical evaluation must be included in the technical volume.

Your Quote MUST include the following information on the title page of each volume:

A. Tax identification number (TIN) B. Dun & Bradstreet Number (DUNS) C. Complete Business Mailing Address D. Contact Name E. Contact Phone F. Contact Fax Number G. Contact email address H. RFQ order number and project title

An offeror shall complete and submit only paragraphs (b) of the 52.212-3 provision if the offeror has completed the annual representations and certificates in the System for Award Management (SAM). If an offeror has not completed the annual representations and certifications electronically at the SAM website, the offeror shall complete and submit only paragraphs (c) through (o) of the 52.212-3 provision. Offerors shall also submit a completed AGAR 452.209-70 “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction (DEVIATION 2012-01)(FEB 2012)” form, and a completed Certification or Disclosure of Conflict of Interest. The information shall be submitted with the technical quote. A completed Subcontracting Percentage Worksheet (attached to the solicitation) shall be submitted with the price quote.

VOLUME 1 -- TECHNICAL

Volume 1 - Technical Quote:

In response to this solicitation, offerors shall submit a technical quote that contains their quoted solution(s) to the SOW objectives. The technical quote shall not include a paraphrase of the above statement of work. The technical quote shall include:

Technical Approach, containing a technical discussion covering the following points:

a) A discussion of how the offeror would perform a complete review of the program’s rating process, the program’s pricing procedure, and the program’s underwriting guide.

b) A discussion of how the offeror would perform a complete review of the crop provisions and special provisions and how they fit with the Common Crop Policy Basic Provisions and the Catastrophic Risk Protection Endorsement.

c) A detailed discussion regarding the quoted listening sessions and a plan to obtain:

specific information from the noninsured producers identifying the reason(s) why they did not participate in the crop insurance program;

specific information from insureds identifying satisfaction/dissatisfaction with the crop insurance program, which includes items that insureds liked and disliked; and, Document Title ARH Strawberry Evaluation detailed information from insureds regarding satisfaction/dissatisfaction with the insurance delivery system.

d) A list of key personnel (those who would have primary responsibility for performing and/or managing the effort, including subcontractors) with their qualifications and specific experience;

and specific organizational experience for previous work of this nature that the key personnel or organization have performed within the last five (5) years.

Project Management Plan containing:

A work breakdown structure (WBS) organized around the contract deliverables, and identifying work activities (tasks) down to the work package level, and labor resource estimates (categories and hours) assigned to each task;

The contractor’s quoted delivery schedule in accordance with paragraph 3.3 Delivery Schedule; and, Quality Control Plan:

A Quality Control Plan that details how you will identify and maintain quality standards, keep the project on time during each task, and monitor and report task progress. The plan should include 1) a method to monitor and report task progress, 2) a detailed narrative specifying the quality control progress flow including who reviews, rejects, or accepts work and how that information is reported, stored, and processed, 3) what corrective actions will be taken to meet deliverable due dates if the task is off schedule, and 4) the number of productive hours each skill type will devote to quality control.

Technical Assumptions and Conditions:

The Offeror shall detail all technical assumptions and conditions upon which the Offeror’s quotation is based. If no assumptions or conditions are taken by the contractor, this section should include the statement, “No assumptions or conditions are taken.” If the Offeror fails to detail any assumptions or conditions, the Government will assume there are none.

VOLUME 2 -- PAST PERFORMANCE

The offeror will submit the following information with regards to past performance for similar work performed:

A list of three (3) references for contracts performed within the last three (3) years for the Federal Government and/or commercial customers that demonstrate recent and relevant past performance for the type of work described in this Statement of Work.

Include the following information:

o Project title and description;

o Contract number, type of contract, and amount;

o Government agency or organization;

o COR’s name, address and telephone number;

o Current status; (e.g. completed and/or if in progress, start and estimated completion dates.)

o Key personnel; and (please highlight those individuals who worked on the relevant project(s) and are also being proposed for this effort.)

o Any issues that occurred and how they were resolved.

o A brief narrative of why you deem the reference to be relevant to this effort and the SOW paragraph to which the reference applies.

Document Title ARH Strawberry Evaluation

NOTE: The government may also consider information obtained through other sources, including the Past Performance Information Retrieval System (PPIRS). Past performance information will be utilized to determine the quality of the Contractor’s past performance as it relates to the probability of success of the required effort. If a Contractor does not have a record of relevant past performance information they will not be evaluated favorably or unfavorably and be provided a neutral rating.

Past Performance Questionnaires: A past performance questionnaire is attached to the Solicitation, (Attachment 3). The Offeror is responsible for transmitting and providing the questionnaire to its references. Upon a completion of the questionnaire, the reference should send the questionnaire directly to the Contracting Officer and Contract Specialist.

The due date for submission of the past performance questionnaires is noted on the Past Performance Questionnaire attached to this solicitation.

AQD encourages Offerors to provide past performance questionnaires to references at least a week prior to the quote due date in order to ensure that the reference(s) have time to submit completed questionnaires.

Risk Management Agency (RMA) may have an Offeror’s Past Performance Information (PPI) on file to review if the offeror has had previous contracts with RMA. If the offeror is unsure if RMA has PPI on file, the offeror can e-mail the CO at Melissa_Onyszko@ibc.doi.gov, to obtain a list of RMA past performances for the respective offeror. Alternatively, if the offeror is unsure of the past performance held by RMA or if they have not had contracts with RMA in the past, offerors shall ensure they send the past performance questionnaires to references so that they may be completed. Although RMA may have past performance information on file, the offeror is still required to submit Volume 2.

VOLUME 3 -- PRICE QUOTE

The Price quote shall be separate from the technical quote.

Offerors shall provide a price quote and deliverable schedule aligned with the deliverable table, below.

Payment will be made after acceptance of the deliverable by the Government.

Deliverable No.

Type of Deliverable Completion Period/Submission Due Date:

1. Draft Program Evaluation Summary Report

(To be proposed by the Offeror – Award plus “X” days)

2. Final Report “X” days from acceptance of the draft report

The Government anticipates two listening sessions. The price quote must also include a price breakdown which includes not only the total contract price, but also shows the labor categories and charges, other direct costs, travel expenses and methodology for determining travel costs, miscellaneous or material costs for deliverables and major components of deliverables in order to facilitate the Government’s assessment of price realism and performance risk. Each offeror’s written price quote shall contain the following information for each subcontractor, consultant, and Subject Matter Expert (SME) that will provide work under the contract:

Document Title ARH Strawberry Evaluation o Name of the company or individual;

o Type of work, hourly rate, and number of hours;

o Total cost to the Government

Offerors shall submit the completed Subcontracting Percentage Worksheet, attached to the solicitation, (Attachment 5). Offerors shall provide a cross-walk showing how their labor categories align with the labor category titles in the attachment entitled “Labor Category List” (Attachment 4). Offerors shall indicate if any labor categories are affected by the Service Contract Act. Offerors shall identify if indirect rates will be applied to Other Direct Costs/Travel, and the basis for those rates. Offerors shall submit a copy of their rate agreement with their cognizant audit agency if planning on utilizing indirect rates. If the offeror does not have a cognizant audit agency it must indicate as such in the price volume.

The resultant award shall be Firm-Fixed-Price (FFP), except:

1) Travel which will be reimbursed at cost in accordance with the FAR 31.205-46 and this contract.

2) Other Direct Costs which will be reimbursed at cost.

Price Assumptions and Conditions:

The offeror shall detail all price assumptions and conditions upon which the Offeror's quotation is based. If no assumptions or conditions are taken by the offeror, this section should include the statement, "No assumptions or conditions are taken." If the offeror fails to detail any assumptions or conditions, the Government will assume there are none.

NOTE: In an effort to receive the highest quality solution at the lowest possible price the Government highly encourages offerors to provide discounts on price for this requirement.

The Government reserves the right to request additional information as may be necessary to determine the prospective offeror’s qualifications for an award or to clarify any aspects of the technical or price submissions. Such information shall be furnished promptly upon the government’s request.

AWARD

The Government's objective is to obtain the highest technical quality considered necessary to achieve the project objectives at a fair and reasonable and realistic price which represents the best value to the Government. The Government intends to make a single award. Partial quotes will not be accepted.

GENERAL INFORMATION

Technical quotes are limited to 25 pages, on standard letter-size paper. All pages shall have a minimum of a 1-inch margin on the top, bottom, left, and right. Page numbering, offeror identification, and disclaimers may be placed in the 1-inch margin. Font size shall be no smaller than 10-point. The 1-inch margin required for text pages is not required for foldouts. Electronic versions of the quote shall be submitted in Microsoft Word™, Excel™, and Project™, Adobe Acrobat (pdf) as appropriate. The Government will not count the following documents toward the page limit:

Document Title ARH Strawberry Evaluation

Charts, Tables and Graphs (when on separate pages);

Letter of Transmittal (cover letter);

Title Pages;

Divider Pages;

Table of Contents; and List of Exhibits

The page limits applying to the Technical Volume excludes any attachments/appendices (Completed provisions, resumes).

RFQ DUE DATE:

The due date for response to this RFQ at the addresses specified below is on or before 12:00 PM ET April 8, 2015. Each volume shall be clearly marked by Volume Number and Title. The Government reserves the right to not accept quotes received after the closing date and time. It is the responsibility of the offeror to get their submission in on time and ensure successful delivery to the Government.

Submission shall be via e-mail to Contracting Officer Melissa Onyszko at Melissa_Onyszko@ibc.doi.gov and Contract Specialist Denise Carrio at Denise_Carrio@ibc.doi.gov.

RFQ QUESTIONS:

Offerors must submit all technical questions concerning this solicitation in writing by e-mail to the Contracting Officer, Melissa _Onyszko@ibc.doi.gov and Contract Specialist, Denise_Carrio@ibc.doi.gov. All questions must be submitted via e-mail, and received no later than 12:00 PM Eastern Time (ET) on March 31, 2015. Acquisition Services Directorate will answer questions, which may affect offers, in an amendment to the solicitation. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective offerors. The offeror or source of the question will not be referenced when issuing an amendment to the solicitation.

NOTE: Due to email server and pipeline limitations, please limit the size of each email with attachments to 10MB.

FAR PROVISION INCORPORATED BY FULL TEXT

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:

Quotation Evaluation Factors are in descending order of importance:

1) Technical Approach

2) Project Management Plan (WBS, delivery schedule & Quality Control Plan)

3) Past Performance

4) Price

Document Title ARH Strawberry Evaluation

Technical Approach:

This factor evaluates the Offeror’s Technical Approach for evaluating the crop insurance program.

Aspects that will be considered include knowledge of crop insurance, techniques for generating useful insights into the programs operation, and how the contractor quotes to conduct the evaluation and obtain the feedback from customers, uninsured producers and the insurance providers. Key Personnel will be evaluated based on the individual skills, education and experience of the key personnel quoted for this project.

Project Management Plan (WBS, delivery schedule & Quality Control Plan):

Quotes will be evaluated on the work breakdown structure, the quoted delivery schedule and the contractor’s Quality Control Plan. The government is looking for the contractor that demonstrates the most effective, efficient and optimal technique to meet the solicitation’s goals, objectives, and requirements.

Past Performance:

The Government will evaluate the quality of previous work products the offeror and its key personnel have produced on efforts similar to the size, scope and complexity of requirements within this statement of work and the organization’s history of successful completion of projects; history of producing high-quality reports and other deliverables; history of staying on schedule and within budget; and the organization's specific experience working with clients in the business of developing crop insurance programs or similar programs. The currency and relevance of information, source of the information, context of the data, and general trends in contractor’s performance will be considered. Aspects considered include the customer’s perspective on:

Usefulness and value of the services and products delivered (e.g., recommendations in previous work products were generally adopted);

The key objectives and initial intent of the contracts were met (customer expectations);

Previous work products contained relatively few substantial deficiencies; and the requested corrections were quickly and correctly made or satisfactorily explained; and Previous work products contained detailed, logical, and insightful analysis and recommendation, use of appropriate statistical methods, insight into potential program vulnerabilities, etc.

The Government will obtain past performance information using the Past Performance Information Retrieval System (PPIRS), from historical past performance information on file, from the completed Past Performance Questionnaires, and any other sources available for Government reference.

In the event that an offeror does not have a record of relevant past performance or information on past performance is not available, the offeror will not be evaluated favorably or unfavorably; a neutral rating shall be assigned.

Price:

The quoted price will be evaluated separately but in conjunction with the non-price elements to ensure that the Government is awarding based on best value. Overall, the Government considers price less important than the non-price evaluation factors when combined. But, the quoted prices will be evaluated separately and in conjunction with the non-price elements. As non-price quotations approach parity, price will become more important. Notwithstanding this, the realism of quoted prices will be evaluated as a reflection of the offeror’s understanding of the requirements. A quoted price that is considered by the Government to be too low to accomplish the quoted technical approach may constitute a potential performance risk to the Government in terms of quality and ability to meet delivery schedules.

End of Part (a)

Document Title ARH Strawberry Evaluation

(b) Options. NA

(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.

FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Mar 2015)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

“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).

Document Title ARH Strawberry Evaluation

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Document Title ARH Strawberry Evaluation

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—

Document Title ARH Strawberry Evaluation

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) 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

Document Title ARH Strawberry Evaluation applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

_________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

Document Title ARH Strawberry Evaluation

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

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

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

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

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

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

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.

[The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

Document Title ARH Strawberry Evaluation

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

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

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

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

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

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

(2) Foreign End Products:

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.

Document Title ARH Strawberry Evaluation

(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:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or 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:

Document Title ARH Strawberry Evaluation

(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.:

[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:

Document Title ARH Strawberry Evaluation

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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

Document Title ARH Strawberry Evaluation

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute.