Rehab_Specialist_&_Medical_Admin_Combined_Synopsis_Solicitation.pdf

This is a combined synopsis/solicitation for commercial items prepared IAW the format in FAR subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested in response to this combined Synopsis/solicitation.

Solicitation Number: F3QCCL7299AH01 is issued as a request for quotation (RFQ).

The government intends to award this as a Firm Fixed Price Personal Services contract. The contract line items (CLINs) for this acquisition will be awarded on a Firm Fixed Price (FFP) basis as follows:

CLIN 0001 – Sport Rehabilitation Specialist (3 – FTE’s) CLIN 0002 – Medical Administrative Technician ( 1 – FTE) CLIN 0003 – CDRLs A001-Safety Plan; A002-Mishap Report; A003-Manpower Reporting CLIN 0004 – 52.217-8, 6-mth ext

The Period of Performance for this acquisition is as follows:

Base Period of Performance: 16 May 2018 thru 15 May 2019 CLIN: 0001 – 0003 Option I Period of Performance: 16 May 2019 thru 15 May 2020 CLIN: 1001 – 1003 Option II Period of Performance: 16 May 2020 thru 15 May 2021 CLIN: 2001 – 2003 Option III Period of Performance: 16 May 2021 thru 15 May 2022 CLIN: 3001 – 3003 Option IV Period of Performance: 16 May 2022 thru 15 May 2023 CLIN: 4001 – 4003

52.217-8, 6-MONTH EXTENSION IF EXERCISED CLIN: 0004

Solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2205-96, effective 06 Nov 2017 and the Defense Federal Acquisition Regulation Supplement (DFARS) (DPN) 20171228, effective 28 Dec 2017.

This is a 100% Service Disabled Veteran-Owned Small Business Set-Aside and the North American Industry Classification System (NAICS) code for this solicitation is 621340.

Description of Services:

The Contractor shall provide three (3) Sports Rehabilitation Specialists and one (1) Medical Administrative Technician in accordance with the attached Performance Work Statement, dated 19 Oct 2017.

The Rehabilitation Specialist will perform duties including, but not limited to a full range of physical rehabilitative services in accordance with the scope of clinical privileges granted by the Medical Treatment Facility (MTF), to include iitial assessments, immediate care, and rehabilitative management of injuries for employees referred from the 78 MDG’s Occupational Medicine Services (OMS).

The Medical Administrative Technician will perform duties including, but not limited to the preparation of weekly metric reports for the Fast Forward Medical Service Clinic to include rehabilitative specialist utilization. Collect and submit monthly time reports for each employee’s working hours for the previous month to Occupational Medicine Services Administrator on the first working day of the each month.

All services provided by the Contractor shall be covered by the terms and conditions of this contract, performed in accordance with the Performance Work Statement (PWS), and all applicable United States (U.S.) federal and local laws, regulations, standards, provisions and directives.

All CLINs shall be priced with the exception of the CDRLs. The CDRLs A001 - A003 are not separately priced (NSP).

Price(s) shall be FOB Destination (Robins AFB, GA, 31098). In addition to price and delivery, offeror’s quote shall include the cage code, DUNS number, and taxpayer ID number.

BASIS FOR CONTRACT AWARD

This is a competitive selection in which competing offeror’s technical acceptability, and price will be evaluated. All technically acceptable offers shall be treated equally EXCEPT for price. Initially, all offers shall be determined technically acceptable or unacceptable. Only those offers determined technically acceptable shall be evaluated for balanced and reasonable pricing. By submission of its offer, the offeror accedes to all RFP requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement shall result in an offer being determined technically unacceptable.

All questions shall be submitted to Mr. William Odom, Contracting Officer at william.odom.2@us.af.mil and Ms. Michele Smith, Contracting Specialist at michele.smith.2@us.a.mil no later than 30 Mar 2018, 10:00 am EST.

Electronic Quotations shall be emailed to Mr. William Odom, Contracting Officer at william.odom.2@us.af.mil and Ms. Michele Smith, Contracting Specialist at michele.smith.2@us.a.mil no later than 06 Apr 2018, 10:00 am EST. Late submissions will not be considered.

The following Federal Acquisition Regulation (FAR) clauses and provisions apply to this acquisition:

CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-5 Covenant Against Contingent Fees MAY 014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or MAY 2014 Improper Activity 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To Influence SEP 2007 Certain Federal Transactions 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To APR 2014 Inform Employees of Whistleblower Rights 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract OCT 2015 Awards 52.204-13 System for Award Management Maintenance JUL 2013 52.204-14 Service Contract Reporting Requirements JAN 2014 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-20 Predecessor of Offeror JUL 2016 52.207-2 Notice Of Streamlined Competition MAY 2006 52.207-3 Right of First Refusal of Employment MAY 2006 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-- NOV 2015 Representation 52.209-6 Protecting the Government's Interest When SubcontractingWith OCT 2015 Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding Responsibility JUL 2013 Matters 52.209-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-8 Option to Extend Services NOV 1999 52.219-14 Limitations on Subcontracting JAN 2017 52.219-27 Notice to Service-Disabled Veteran-Owned Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards MAY 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global JUN 2016 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain OCT 2015 Activities or Transactions Relating to Iran-- Representation and Certifications.

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-1 Payments APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award JUL 2013 Management

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-1 Disputes MAY 2014 52.233-2 Service Of Protest SEP 2006 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.242-13 Bankruptcy JUL 1995 52.246-4 Inspection of Services-Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-34 F.O.B. Destination NOV 1991 52.249-12 Termination (Personal Services) APR 1984 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2008 Contract-Related Felonies 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government PersonnelWork Product APR 1992 252.204-7002 Payment for Subline Items Not Separately Priced DEC 1991 252.204-7004 Alternate A, System for Award Management FEB 2014 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident DEC 2015 Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The OCT 2015 Government of a Country that is a State Sponsor of Terrorism 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision—

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision) https://www.acquisition.gov/

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is ( ) is not ( ) a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

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:

Technical accepability: The technical evaluation team will evaluate each offer by assigning a rating of “acceptable” or “unacceptable”. Only those proposals considered technically acceptable will receive further consideration for award. Once a proposal is deemed acceptable, all technical proposals are considered equal.

To be deemed technically ACCEPTABLE, Offerors must provide proof of the required qualifications identified in the attached Performance Work Statement, dated 19 Oct 2017. Offerors must also clearly demonstrate its ability to meet all specific tasks identified in the attached Performance Work Statement, dated 19 Oct 2017.

Failure to provide proof of the required qualifications and/or failure to clearly demonstrate the ability to meet all specific tasks identified in the attached Performance Work Statement, dated 19 Oct 2017 will result in a rating of UNACCEPTABLE. Offers deemed UNACCEPTABLE will not receive further consideration for award.

The government intends to award to the offeror whose offer represents the best value to the government.

To be considered for award the offer must conform to the RFP, the PWS, must meet or exceed the acceptability standards for the non-cost factors, and result in a balanced and reasonable overall cost alternative considering price, special features and other factors that mee the government’s need.

The following factors shall be used to evaluate offers: Factor 1: Technical Acceptability and Factor 2: Balanced and Reasonable Pricing. The government will evaluate offers for technical acceptability, but not rank offers using the non-cost factor. Only those offers determined technically acceptable shall be evaluated for balanced and reasonable pricing.

Factor 1: Technical Acceptability: To be considered technically acceptable, the offeror must explain its understanding and provide affirmative responses to each of the subfactors below, to include the submission of additional information if requested.

1. The technical proposal shall be clear, specific, and concise and include all of the information required by this provision in detailed content. Offerors shall not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale as to address how the offeror intends to meet the requirements. Offerors are advised that the Government will base its evaluation of the technical proposals on the information presented therein.

Offerors shall assume that the Government has no prior knowledge of their facilities, capabilities, work processes, and experience, and will base its evaluation on the data presented in the offeror’s written technical proposal.

2. The following information shall be provided in the Written Technical Proposal and such will be evaluated to assess technical capability (which includes the consideration of technical risk) in accordance with the provision, “Evaluation Basis for Award.” One technical rating will be assigned to each technical subfactor in the subset(s). In order to be considered awardable, there must be an “acceptable” rating in each subfactor in the subset(s).

3. The written technical proposal shall address each of the following subfactors describing the offeror’s proposed approach to performing the requirements set forth in the PWS for the Rehab Specialist. For each subfactor, the offeror shall identify any risks associated with the proposed approach and actions the offeror will take to mitigate the identified risks. If no risks/mitigations are identified in the offeror’s proposal, it indicates the offeror does not consider there to be any risk associated with their proposed approach.

Subfactor One: Health Related Bachelor’s Degree. Each offeror must have completed a Bachelor’s degree or higher in a health related discipline such as pre- medical sciences, kinesiology, exercise physiology, biology, exercise science, athletic training, or physical education mandated by the PWS, dated 19 Oct 17, in the following paragraph:

1.1.1.1 – Health Related Bachelor’s Degree

Subfactor Two: Athletic Trainer Certification and Current ATC License. Each offeror’s written technical proposal shall provide a detailed narrative plan addressing the proposed approach to meeting the requirements mandated by the PWS, dated 19 Oct 17, in the following paragraph:

1.1.1.2 – Athletic Trainer Certification and Current ATC License

The offeror’s plan shall detail how and when the Athletic trainer certification and current ATC license will be obtained. Offeror’s plan shall also include policies and procedures for maintaining ATC license of personnel and training as well as certification of new personnel that will perform work on this effort.

Subfactor Three: Certified Functional Capacity Evaluator and Industrial Rehabilitation Specialist. Each offeror’s written technical proposal shall provide a detailed narrative plan addressing the proposed approach to meeting the requirements mandated by the PWS, dated 19 Oct 17, in the following paragraph:

1.1.1.3 – Certified Functional Capacity Evaluator and Industrial Rehabilitation Specialist

The offeror’s plan shall detail how and when the health care workers shall obtain and maintain current Functional Capacity Evaluator and Industrial Rehabilitation Specialist certifications at no cost to the government. Functional Capacity Evaluator and Industrial Rehabilitation Specialist training must be recognized by and approved for continuing educational units by the Board of Certification, Inc."

Technical Acceptable/Unacceptable Ratings Rating Description

Acceptable

Meets specified minimum performance or capability requirements necessary for acceptable contract performance

Unacceptable

Fails to meet specified minimum performance or capability requirements. Proposals with an unacceptable rating are not awardable

Factor 2: Price. Price will be evaluated for reasonableness and balance in accordance with the paragraphs below. Offerors are advised to review all data items and ensure that they are proposing to the specific data requirements and level of effort involved. A Total Evaluated Price (TEP) will be calculated in accordance with Paragraph c below.

a) Reasonableness. The existence of adequate price competition is expected to support a determination of reasonableness. Price analysis techniques may be used to further validate price reasonableness. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government obtained information, additional information may be required to support the proposed price.

b) Balance. Offerors are cautioned against submitting an offer that contains unbalanced pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items including the Basic and Options, is significantly overstated or understated as indicated by the application of proposal analysis techniques.

The Government shall analyze offers to determine whether there are unbalanced separately priced line items or sub-line items. Prices submitted will be compared and evaluated to assure that a logical progression exists as related to price and quantity changes within each offeror’s response to the pricing structure in the Schedule. Offers that are determined to be unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.

c) TEP. The Government will calculate a TEP based on the following:

Offerors will propose a unit price for CLINs. Failure to bid all tasks or CLINs will result in the offeror being determined not eligible for award. A TEP will be calculated for each offeror’s proposal. The Government will multiply the quantity by the unit price to calculate the TEP. All unit prices will be rounded to the nearest whole dollar in calculating the TEP. All CLIN values for the basic and any option periods will be added together to calculate the TEP.

The TEP will include the CLINs in the table below. The evaluation of an option shall not obligate the Government to exercise the option.

The total evaluated price will be based on the Base Period + all options as follows:

CLIN TYPE Description of Services Period of Performance Price 0001 FFP Sports Rehabilitation

Specialist (3 – FTEs) 30 Mar 18 thru 29 Mar 19 $

0002 FFP Medical Administrative Technician (1 – FTE)

30 Mar 18 thru 29 Mar 19 $

1001 FFP Sports Rehabilitation Specialist (3 – FTEs)

30 Mar 19 thru 29 Mar 20 $

1002 FFP Medical Administrative Technician (1 – FTE)

30 Mar 19 thru 29 Mar 20 $

2001 FFP Sports Rehabilitation Specialist (3 – FTEs)

30 Mar 20 thru 29 Mar 21 $

2002 FFP Medical Administrative 30 Mar 20 thru 29 Mar 21 $

Technician (1 – FTE) 3001 FFP Sports Rehabilitation

Specialist (3 – FTEs) 30 Mar 21 thru 29 Mar 22 $

3002 FFP Medical Administrative Technician (1 – FTE)

30 Mar 21 thru 29 Mar 22 $

4001 FFP Sports Rehabilitation Specialist (3 – FTEs)

30 Mar 22 thru 29 Mar 23 $

4002 FFP Medical Administrative Technician (1 – FTE)

30 Mar 22 thru 29 Mar 23 $

0004 FFP 52.217-8, 6-MONTH EXT IF EXERCISED $

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

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

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATION--COMMERCIAL ITEMS

(NOV 2017)

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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) 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—

(6) 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 http://www.sam.gov/portal

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

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

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 (u) 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 is to be performed in the United States or its outlying areas. Check all that apply.

https://www.acquisition.gov/

(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—

(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.

(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.

(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:

Line Item No.: Country of Origin:

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

(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 (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:

(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

(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. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals—

(1) ( ) Are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local…