FRA_RFP_DTFR5315R00106_Material_Testing_Support_Services.docx

U.S. DEPARTMENT OF TRANSPORTATION, (USDOT),

FEDERAL RAILROAD ADMINISTRATION (FRA), OFFICE OF RAILROAD SAFETY, HAZARDOUS MATERIALS DIVISION

TECHNICAL AND SCIENTIFIC MATERIAL TESTING SUPPORT SERVICES FOR THE FRA TANK CAR SAFETY PROGRAM REQUIREMENT

REQUEST FOR PROPOSAL NUMBER DTFR5315R00106

COMBINED SYNOPSIS/SOLICITATION (FAR SUBPART 12.6)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Date Posted on the Government Point of Entry (GPE), FEDBIZOPPS: June 17, 2015.

Contracting Office Address: U.S. Department of Transportation, Federal Railroad Administration, Office of Acquisition Services, 1200 New Jersey Avenue S.E., Washington, D.C. 20590.

Subject: Technical and Scientific Material Testing Support Services for the Federal Railroad Administration’s Tank Car Safety Program

Solicitation Number: DTFR5315R00106

Closing Response Date/Time: July 8, 2015, 3 pm Eastern Standard Time

Contact Point: Tyrone Moorer @ tyrone.moorer@dot.gov

Place of Performance: Contractor Testing Laboratory Location.

Set-aside status: 100% Small Business set-aside

NAICS Code: 541380

This requirement is being solicited in accordance with Federal Acquisition Regulation (FAR) Part 12 – Acquisition of Commercial Items, FAR Subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items, and as allowed by FAR Subpart 12.6 evaluation procedures in FAR Subparts 13.106-2 and 13.106-3 shall apply to this solicitation.

In accord with FAR 12.603 (2)(vii, ix, x, xi and xii), the following requisite statements are provided:

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-82/05-07-2015.

The provision at FAR Clause 52.212-1- Instructions to Offerors—Commercial, applies to this acquisition. In addition, specific proposal instructions to Offerors are included in this solicitation.

The provision at FAR Clause 52-212-2- Evaluation—Commercial Items, does not apply to this solicitation. Specific evaluation criteria and procedures are provided in the solicitation.

Offerors shall include a completed copy of the provision at FAR 52-212-3 - Offeror Representations and Certifications—Commercial Items, with their offer.

The clause at FAR 52-212-4 - Contract Terms and Conditions—Commercial Items, applies to this acquisition.

The clause at FAR 52-212-5 - Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition.

Offerors shall represent that their responses are valid for a period of no less than 120 days from the due date for submission.

I. SUPPLIES OR SERVICES TO BE PROVIDED

1. Background: The Federal Railroad Administration (FRA) was created by the Department of Transportation (DOT) Act of 1966. It is one of ten agencies within the DOT concerned with intermodal transportation. FRA's mission is to enable the safe, reliable, and efficient movement of people and goods for a strong America, now and in the future.

Federal Railroad Administration's (FRA) Hazardous Materials Division administers a safety program that oversees the movement of hazardous materials (including dangerous goods), such as petroleum, chemical, and nuclear products, throughout the Nation’s rail transportation system, including shipments transported to and from international organizations. The Division also has authority to oversee the movement of a package marked to indicate compliance with a Federal or international hazardous materials standard, even if such a package does not contain a hazardous material.

FRA continues to drive improvements in the design, manufacture, maintenance and qualification of railroad vehicles used to transport hazardous materials. To this end, it is incumbent on the industry and FRA to perform a comprehensive analysis of the factors surrounding the event, including the design/manufacturing/maintenance/qualification actions, the operating environment, the contribution of human factors, and their level of compliance with current regulations, specifications and industry practices.

Details on FRA's Hazard Materials' mission, role, and responsibilities are available at http://www.fra.dot.gov/Page/P0444.

2. Scope of Work: The objective of the effort is to acquire technical and scientific material testing support for the FRA Tank Car Safety Program. Specifically, this requirement shall involve material testing services for the performance of material verification, material testing, failure analysis, and stress analysis of tank cars, tank car tanks, and components encountered with new and existing tank cars. These cars may be new construction or may have been involved in derailments, non-accidents, etc.

As tank cars are the predominant vehicles for carrying hazardous material shipments, FRA has prepared tank car guidance materials on maintaining, operating and securing this rail equipment and will provide it to the contractor:

•Ensuring Tank Car Safety

•Tank Car Committee Handouts

•Suggestions for Effective Railroad Tank Car Loading/Unloading Training Programs

The items to be analyzed mechanically and/or chemically are manway cover bolts, linings, gaskets, O-rings, cut-outs (coupons) from tank cars, etc. FRA would either ship the items via Fedex, UPS or other freight carrier. FRA needs the analysis to support investigations of rail/tank car failures resulting from improperly specified materials, questionable fabrication processes, poor workmanship, and derailments/accidents.

The Government contemplates awarding a single Indefinite Delivery Indefinite Quantity (IDIQ) contract from this solicitation and from which services shall be acquired through the issuance of individual Time-and-Material Labor Hour (TMLH) Task Orders. All TMLH Task Orders shall be issued with established federal price ceilings. IDIQ Task Order Placement Procedures shall entail the Contracting Officer requesting a proposal from the awarded contractor through the issuance of an IDIQ Task Order Request for Quotation (TORFQ). The Contracting Officer shall issue individual Task Orders and subsequent modifications after technical acceptability fair and reasonable determinations have been made.

The contemplated IDIQ contract shall be awarded for a Base Year and two (2) potential option years in accordance with requirements set forth in the Statement of Work included herein (Attachment A).

II. SPECIFIC PROPOSAL INSTRUCTIONS TO POTENTIAL OFFERORS

CONTENT AND FORMAT OF SUBMISSION

Proposals submitted in response to this solicitation must consist of three (3) Volumes.

Volume I – Technical Proposal Volume I at a minimum shall contain:

Introduction of Company to include the company’s history, related technical capabilities and experience in the required area of expertise outlined in the Statement of Work (Attachment A);

Detailed description of the company’s experience, demonstrated related technical capabilities and technical approach to successfully fulfill the requirements and deliverables outlined in the Statement of Work (SOW) and demonstrated ability to perform the prospective contract successfully as reflected in the solicitation Evaluation Factors. Potential offerors shall demonstrate a clear understanding of the requirement set forth in the Statement of Work (SOW); and, Resumes – Potential Offerors shall provide resume(s) of personnel to be assigned for direct work for the subject requirement. Resumes shall not be included in Page Restriction for Volume I. Staff qualifications must correspond to the work to be performed under this RFP and technical or functional experience specific to requirements set forth in the SOW and Evaluation Factors.

Additional Administrative Requirements for Volume I:

· Potential offerors can opt to provide cover page, two-page limit, which shall not be included in Page Restriction limitation for Volume I.

· Potential offerors shall complete, sign and provide Contractor Information Page provided as Attachment B in this solicitation which shall not count toward Page Restrictions for Volume I.

Volume II – Past Performance

Volume II at a minimum shall contain:

Past performance information is one indicator of an offeror’s ability to perform a contract successfully. Potential offerors shall provide Past Performance data from sources either inside or outside the Federal Government. The currency and relevance of the Past Performance information, source of the information, context of the data, and general trends in contractor’s performance shall be considered. Past Performance references shall be similar in methodology, scope, size, and dollar value to the work to be performed under this RFP. Potential offerors shall insure that a minimum of two (2) completed Past Performance Questionnaires (see Attachment (C) or other government (such as the Contractor Performance Assessment Reporting System – CPARS) or non-government related and pertinent past performance reference reporting information are provided in response to this solicitation.

The government reserves the right to contact additional sources for information on Past Performance.

Volume III – Price Proposal

Volume III shall contain the offeror’s Price/Cost Proposal. Offeror’s Price/Cost Proposal shall include prices for Base Year and two (2) option years. Potential offerors shall propose fully loaded hourly rates for listed material testing modalities, to include discounted rates. The evaluation of options shall not obligate the Government to exercise the option(s).

Base Year

Mechanical

Chemical

Non-Destructive

Metallurgical

Option Year 1

Mechanical

Chemical

Non-Destructive

Metallurgical

Option Year 2

Mechanical

Chemical

Non-Destructive

Metallurgical

As an additional requirement for Volume III, Offerors shall demonstrate Price Realism with respect to the RFP requirement. A price realism assessment will be accomplished by technical review and evaluation of proposed labor hours and with respective proposed fully loaded hourly rates. Price Realism is defined as an evaluation to determine whether the estimated proposed price/cost elements are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the approach described in the Offeror's technical proposal.

Offerors shall demonstrate their understanding of the requirement by submitting a sample Task Order Price Proposal for the below sample Task Order requirement.

Sample Task Order requiring Sample Task Order Price Proposal Submission

Test specimen(s): 10’ x 10’ x 0.5” steel plate from a tank car shell. Not flat. The tank car has a 10’ diameter. In the center of the specimen is a fracture where the tank was punctured.

Delivery: FRA will arrange for delivery.

Required Test: Fracture surface analysis 5 x tensile test 5 x Charpy test Metal chemistry Failure analysis Deliverable: Written report Description of test Results Discussion Conclusion

Format for Sample Task Order Price Proposal Submission

Additional Proposal Instructions and Guidance

Offerors shall examine and follow all instructions in this section. Failure to do so will be at the Offeror's own risk and may adversely affect the evaluation. Proposals shall conform to the Specific Proposal Instructions to Potential Offerors section and be prepared in accordance with this section. To aid in the evaluations, proposals shall be clearly and concisely written as well as orderly, indexed (cross-indexed as appropriate) and logically assembled in a manner that will enable the Government to perform a thorough and fair evaluation. Prospective Offerors are reminded that all material submitted should be directly pertinent to the requirements of this RFP.

The proposal should not simply rephrase or restate the Government’s requirements, but rather provide convincing rationale to address how the Offeror shall meet the requirements and objectives outlined in the Statement of Work.

To the greatest extent possible, each volume shall be written on a stand-alone basis so that its contents may be evaluated with minimal cross-referencing to other volumes of the proposal. Information needed for proposal evaluation that is not found in its designated volume will be assumed to have been omitted from the proposal. Cross-referencing within a proposal volume is permitted where it would conserve space without impairing clarity. Extraneous narratives, elaborate brochures, uninformative public relations material, other embellishments and so forth are unnecessary shall not be submitted. All pages of each part shall be appropriately numbered, and identified with the name of the Offeror and the solicitation number.''

In responding to this RFP, it is the Offeror's responsibility to provide current, complete and accurate information in its proposal. If in reviewing the proposal the government identifies or otherwise learns that the provided proposal information is not accurate or misrepresents the Offeror's status or capabilities, that information may be used by the Contracting Officer as part of the Offeror's responsibility determination and could result in the Offeror not being eligible for award.

Proposal Submission Instructions

Proposals must be legible, type-written, double-spaced and numbered. Paper size shall be 8 1/2 by 11-inch white paper and printing on one side only. The font (typewritten or printed letters) shall be 12 point Times New Roman or Arial (with the exception of pre-printed product literature). No reduction is permitted except for organization charts, tables, diagrams or other graphic illustrations. In those instances where reduction is allowable, Offerors shall ensure that the print is easily readable; no less than 8-point font on graphs and 10-point font on tables. Each page shall have adequate margins on each side (at least one inch) of the page. Header/footer information (which does not include any information to be evaluated) may be included in the 1" margin space. Fold outs for complete spreadsheets and/or organization charts are permissible up to 11" by 17", with printing on only one side. Pricing information submitted in Word may be in landscape orientation, but must conform to the other requirements in this paragraph. Price proposals may also be provided in Microsoft Excel.

The following page counts apply for this solicitation:

The cover page and Executive Summary shall not exceed two (2) pages

The body of the Volume I – Technical Proposal - shall not exceed 15 pages.

The body of the Volume II – Past Performance - shall not exceed the parameters of the Past Performance Questionnaire form. The page limitation for Past Performance reference information submitted in lieu of the Past Performance Questionnaire shall be four (4) pages.

The body of the Volume III – Pricing Proposal - shall have no page restrictions; however, Offerors shall include only the information that is pertinent to pricing matters.

Offeror’s proposals shall not exceed the page limitations set forth herein. Please note that any pages exceeding the maximum pages stated in the instructions above will not be evaluated by the Government.

Solicitation Questions

All questions pertaining to the solicitation shall be emailed to the FRA Contract Specialist at the following email address: Tyrone Moorer, Contract Specialist at tyrone.moorer@dot.gov

Questions will not be taken or answered over the phone or by fax. Please include the FRA RFP Number DTFR5315R00106 in the subject line of solicitation questions submissions.

Solicitation questions will be permitted from the solicitation issuance date through Monday, June 22, 2015 at 3 pm, Eastern Standard Time (EST). Questions submitted after Monday, June 22, 2015 at 3 pm EST will not be answered.

Once questions are compiled, they will be answered by an issued amendment to the solicitation. An amendment to the solicitation providing answers to all solicitation questions shall be posted on the FEDBIZOPPS website reserved for this solicitation on Thursday, June 25, 2015. Offerors are encouraged to actively search the FEDBIZOPPS website reserved for this solicitation on/after Thursday, June 25, 2015 to ascertain answers to solicitations questions, as reflected in an amendment to the solicitation.

Proposal Submission Closing Date/Time

The closing date and time for receipt of proposals is Wednesday, July 8, 2015 at 3 pm EST. Proposals shall be emailed to Tyrone Moorer, FRA Contract Specialist, at the following email address: Tyrone.moorer@dot,.gov. Proposal submission shall include the FRA RFP solicitation number DTFR5315R00106. Further, Offerors shall request Past Performance reference organizations to submit Past Performance information to Tyrone Moorer at the following email address – Tyrone.moorer@dot.gov.

It is the Offeror’s responsibility to ensure that proposals are received by the Government by the published proposal closing date and time. Failure to furnish a complete proposal by the RFP closing date and time may result in the proposal not being accepted by the FRA for evaluation and being eliminated from consideration for award. Any missing or incomplete information may result in a proposal being assessed as unacceptable.

III. BASIS FOR AWARD

The Government contemplates awarding a single Indefinite Delivery Indefinite Quantity (IDIQ) contract from this solicitation and from which services shall be acquired through the issuance of individual Time-and-Material Labor Hour (TMLH) Task Orders with established price ceilings. The contemplated IDIQ contract shall be awarded for a Base Year and two (2) potential option years in accordance with requirements set forth in the Statement of Work included herein (Attachment A).

The Government shall award a contract, in accordance with streamlined procedures for solicitation for commercial items in FAR Part 12.602 and evaluation of offers in compliance with FAR Part 13.106-2, as allowed in FAR Part 12.602. The Government shall evaluate proposals by conducting comparative evaluations of offers based on evaluation factors set forth in this solicitation representing the best value to the Government. Best value is defined in FAR subpart 2, Definitions, as the expected outcome of an acquisition that provides the greatest overall benefit in response to the requirement. Accordingly, the Contracting Officer may consider awarding the contract to an Offeror other than the lowest price Offeror or other than the highest technically rated Offeror when in the best interest of the Government and/or in the Government’s estimation provides the greatest overall benefit in response to the requirement.

IV. TECHNICAL OR NON-PRICE EVALUATION FACTORS FOR AWARD

The Government will evaluate proposals based on the following technical or non-price factors. The areas listed below are in no particular order and do not convey a specific order of importance.

Factor 1 – Demonstrated Relevant Experience and Demonstrated, Technical Capacity (Mechanical, Chemical and Metallurgical Testing and Technical Analysis Report Writing based on Materials Testing). This factor will be evaluated on the basis of the Offeror’s demonstrated relevant experience in the required materials testing field of expertise and on projects of comparable complexity and the company’s demonstrated related materials testing technical capabilities to successfully fulfill the requirements and deliverables outlined in the Statement of Work (SOW).

Factor 2 – Technical Approach - This factor will be evaluated on the basis of the level of detail of the Offeror’s proposed technical approach or methodologies that will be utilized to successfully fulfill the requirements and deliverables outlined in the SOW. The technical approach shall reflect a clear understanding of the nature of the work being undertaken and should indicate their level of experience with each methodology, address areas of anticipated difficulties and how task requirements will be organized.

Factor 3 – Qualifications of Contractor Technical Personnel. This factor will be evaluated on the basis of qualifications of personnel who will be assigned for direct work on this project. Resumes must directly reflect the education and experience required by the SOW to successfully perform on the contract.

Factor 4 – Past Performance - The Government will evaluate the quality of each Offeror’s Past Performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the Offeror’s Past Performance questionnaire or other government (such as the Contractor Performance Assessment Reporting System – CPARS) or non-government related and pertinent past performance reference reporting information shall be used to evaluate the relative capability of the Offeror and other competitors to successfully meet the requirement of the RFQ and SOW. The currency and relevance of the Past Performance information, source of the information, context of the data, and general trends in contractor’s performance shall be considered.

The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. In the case of an Offeror without a record of relevant past performance or for who information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance. Offerors lacking recent and relevant past performance history will receive a neutral rating for past performance. Past Performance references shall be similar in methodology, scope, size, and dollar value to the work to be performed under this RFP.

Each offeror will be evaluated on its Past Performance on contracts currently ongoing or completed within the last three years similar in size and scope to the requirements of this solicitation. The Government may use additional information other than that provided by the Offeror in evaluating past performance.

Past Performance will be evaluated based on the offeror’s ability to demonstrate that they possess the relevant and requisite past performance experience and capacity to successfully fulfill the requirements of the Statement of Work by demonstrating the following:

· Quality of Service: Assess the Offeror’s conformance to contract requirements and standards of good workmanship.

· Business Relations: Assess the integration and coordination of all activity needed to execute the contract, specifically the timeliness and quality of problem identification, corrective action plans, offer submittals, the Offeror’s history of reasonable and cooperative behavior, and customer satisfaction.

· Price/Cost Control: Assess the Offeror’s effectiveness in forecasting, managing, and controlling costs.

· Schedule/Timeliness of Performance: Assess Offeror’s effectiveness in meeting stated deliverables.

· Customer Satisfaction: Assess Offeror’s effectiveness to provide services/products in accord with the parameters of stated performance requirements.

· Key Personnel: Assess Offeror’s labor turnover in key personnel labor in terms of minimally adversely affecting Contractor performance.

V. PRICE PROPOSAL EVALUATION

The Government will evaluate, but not score, Price Offers. In accordance with FAR 13.106-3, before making award, the Contracting Officer shall determine that the proposed prices, specifically, hourly rates, are fair and reasonable. Whenever possible, price reasonableness shall be based on competitive quotations or offers. However, the Government may use any or all methods, or a combination thereof, available to evaluate price reasonableness outlined in FAR 13.106-3, to include:

a) Comparison of the proposed price with prices found reasonable on previous purchases;

b) A comparison with similar items in a related industry; or

c) Comparison to an Independent Government Cost Estimate.

Price Realism shall be evaluated in concert with the Offeror’s demonstrated sample Task Order Price Proposal in reply to the sample Task Order requirement for this solicitation.

VI. CLAUSES

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

HTTPS://WWW.ACQUISITION.GOV/FAR/

(End of clause)

52.212-1 Instructions to Offerors—Commercial Items (APRIL 2014) 52.212-4 Contract Terms and Conditions—Commercial Items (MAY 2015)

CLAUSES IN FULL TEXT

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02)

Insert the following provision in all solicitations that will use Federal funds, including solicitations for the acquisition of commercial items under FAR Part 12.

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) Insert the following clause in all solicitations and contracts that will use Federal funds, including solicitations and contracts for the acquisition of commercial items under FAR Part 12, or when obligating Federal funds on existing contracts.

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (FEB 2015)

(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(End of clause) 52.212-3 Offeror Representations and Certifications-Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (MAR 2015)

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

“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.

“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.

“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 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 SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), 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 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 o is, o 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 o is, o is not a service-disabled veteran-owned small business concern.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) 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.

(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:

[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:

(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:

(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.

(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…