FA282319Q4001_Combined_Synopsis_Solicitation.pdf

Solicitation Number FA2823-19-Q-4001

Emergency Response Services

The Air Force Test Center, Installation Operational Contracting Division, Eglin AFB, FL intends to solicit and award a firm-fixed price (FFP) contract for emergency response services at Eglin AFB, Florida. This is a combined synopsis/solicitation for commercial items prepared under Federal Acquisition Regulation (FAR) Subpart 12.6 -

Streamlined Procedures for Evaluation and Solicitation for Commercial Items, and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

All FAR references are based off of FAC 2019-01, Effective 20 December 2018.

Set-Aside notice. Who Can Participate? This combined synopsis/solicitation is issued under Request for Quotation number FA2823-19-Q-4001. The North American Industry Classification System (NAICS) code for this acquisition is 562910 EXCEPTION 2, with a small business size standard of 750 employees. Please identify your business size in your response based on this standard. This solicitation is a TOTAL SMALL BUSINESS SET ASIDE acquisition, pursuant to FAR 19.5.

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-6 (ALT I) Restrictions on Subcontractor Sales to the Government. OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements-

Representation.

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards.

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal. JAN 2017

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment.

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters.

JUL 2013

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations.

NOV 2011

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law.

FEB 2016

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION

2018-O0013)

APR 2018

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.219-6 Notice of Total Small Business Set-Aside. NOV 2011

52.219-13 Notice of Set-Aside of Orders. NOV 2011

52.219-14 (DEV) Limitations on Subcontracting. (DEVIATION 2019-O0003) DEC 2018

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving.

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases. JUN 2008

52.228-5 Insurance -- Work on a Government Installation JAN 1997

52.232-33 Payment by Electronic Funds Transfer-System for Award

Management.

JUL 2013

52.232-36 Payment by Third Party. MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim. OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996

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

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7006 Billing Instructions. OCT 2005

252.204-7008 Compliance with Safeguarding Covered Defense Information

Controls.

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

OCT 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 Government of a Country that is a State Sponsor of

Terrorism.

OCT 2015

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or

Hazardous Materials.

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7002 Qualifying Country Sources as Subcontractors. DEC 2017

252.225-7012 Preference for Certain Domestic Commodities. DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel.

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

PROVISIONS AND CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY

REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY

REFERENCE INTO ANY RESULTANT CONTRACT.

Relationship between 52.212-1, Instructions to Offerors and Basis for Award Your attention is directed to the functional relationship between FAR 52.212-1, Instructions to Offerors –

Commercial Items and the Basis for Award. FAR 52.212-1 provides information for the purpose of organizing and submitting an offer and is not intended to be all-inclusive. The Basis for Award describes evaluation factors and the basis of award, to include the evaluation procedures for responsiveness to the solicitation, ranking of price, and evaluation of non-price factors. QUOTES THAT DO NOT CONTAIN THE INFORMATION REQUESTED BY

THIS PROVISION RISK ELIMINATION.

OFFEROR PREPARATION INSTRUCTIONS

A. GENERAL

1) Electronic Reference Documents. All referenced documents for this solicitation are available on the Federal

Business Opportunities (FedBizOpps) website at http://www.fedbizopps.gov. Potential offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this solicitation.

2) Who Can Participate? This requirement is being solicited as a 100% small business set aside under the NAICS code 562910 exception 2(two). Large business offers will not be considered.

3) System for Award Management (SAM): Paragraph (k) of 52.212-1 is revised as follows: By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to the date and time established for receipt of offers, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the

SAM database accessed through https://www.acquisition.gov.

4) Adherence to Instructions: The offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including but not limited to the terms and conditions, representations and certifications, and pricing. Failure to meet a requirement may render an offer being rejected and result in the offer being ineligible for award.

5) Period of Acceptance of offers: Paragraph 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of Offers.”

6) Questions/Inquiries: The contracting officer and contract specialist listed below is the Government’s sole points of contact for this acquisition. All questions, request for clarifications and/or information concerning this solicitation shall be received in writing by email to the following email addresses no later than 10:00AM Central Time on

Wednesday, February 13, 2019. The decision whether to respond to questions and requests for clarification made after 10:00AM Central Time on Wednesday, February 13, 2019, will be at the sole discretion of the Contracting

Officer. Questions received timely and subsequent answers will be posted to www.fbo.gov as an Amendment to the solicitation. Offerors are responsible for monitoring www.fbo.gov for updates. If no questions are submitted, the

Government will assume that the offeror fully understands all requirements of the solicitation. Emails must be received by: Contracting Officer: Nathan McMillen, nathan.mcmillen@us.af.mil and Contract Specialist: Tianna

Seaman, tianna.seaman@us.af.mil.

7) In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful offers.

8) Offeror Preparation Instructions– This section of the instructions to offerors prescribes the format of the offer.

Respondents are required to thoroughly read the Performance Work Statement and submit documentation in accordance with this solicitation. Offerors shall submit a clear and complete offer, and include only information that is relevant to this acquisition. Complete price listing and submit the quotes by the closing date. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offer. Offeror’s are reminded that FAILURE TO SUBMIT AN OFFER IN THE

FORMAT PRESCRIBED MAY RENDER AN OFFER NON-RESPONSIVE AND RESULT IN BEING

INELIGIBLE FOR AWARD.

a) Offer Submission/Delivery. Electronic Submissions are required and shall be received via email by Tianna

Seaman, tianna.seaman@us.af.mil, Contracting Specialist and Nathan McMillen, nathan.mcmillen@us.af.mil, Contracting Officer not later than (Friday, March 1, 2019 at 10:00AM, Central Time).

b) Offer Format: All files submitted in response to this solicitation shall be submitted as a Microsoft Word (.doc) or Adobe PDF (.pdf) file Microsoft Excel (.xls) file as applicable. Electronic Submission is required.

c) Email Format: The subject line of all emails that comprise the offer shall be formatted as follows: Subject:

FA2823-19-Q-4001/Company Name/Email X of X (insert number of the email and total number of emails).

d) File Size. Individual emails shall not exceed 4MB in size. Offerors shall submit multiple emails as necessary to stay under the 4MB limit. Failure to stay under this limit may cause a rejection of the email.

e) File Naming. Individual file names shall be named

1. Vol 1_Company Name_ Technical Quote _FA2823-19-Q-4001_File X of X

2. Vol 2_Company Name_ General/Price Quote _FA2823-19-Q-4001__File X of X

f) Page Numbering. Page Numbering and Markings. Pages must be numbered sequentially and consecutively.

Include: RFQ number and page number in the margin on the upper right of all pages. Company name and proprietary information notices must be placed on top and/or bottom margins.

g) Specific Instructions. Offers shall consist of two separate documents as follows:

Volume I – Cover Letter/Technical Quote:

(1) Cover letter shall include solicitation number, Offeror’s company, primary and alternate points of contact with email/phone and who is authorized to contractually obligate the company, CAGE code, DUNS number, a statement that the company understand the requirements specified and will meet the performance standards and requirements therein, a statement that the company does or does not take exception to any of the requirements of this solicitation and resultant contract.

(2) Representations/Certifications. Completion of the necessary fill-ins, representations and certifications as set forth in the solicitation. Offerors completing Representations and Certifications in the System for Award

Management (SAM) must complete both the applicable FAR and DFARS Representations and Certifications.

(3) Remittance Address. Remittance Address, if different from offeror’s address.

(5) Amendment Acknowledgement. The Government reserves the right to revise or amend the solicitation and attachments prior to the quote closing time. Such amendments will be communicated and posted to the Federal

Business Opportunities website (www.FBO.gov). If such amendments require material changes in quantities or prices, the quote closing date may be postponed by enough days to enable offerors to revise their offers. In such cases, the amendment will include an announcement of the new closing date and time. Offerors MUST acknowledge all amendments issued. Sign, acknowledge, and submit the original amendment for all amendments issued with the

Offer.

Volume 2- Price Quote

1. Offerors shall complete the attached Government provided Microsoft Excel (.xlsx) spreadsheet formatted bid schedule, Attachment 3. The bid schedule includes price elements indicative of what will be solicited at the task order level and will become a part of the resultant contract. The offeror shall provide a Firm-Fixed-Price (FFP) for all items listed on the provided bid schedule. Any offer that fails to provide a price for each item’s unit price and amount, or fails to make an entry that indicates service will be provided at no charge may be rejected and ineligible for award. The offeror’s price(s) shall include all management, personnel, tools, supplies, equipment, transportation, material, facilities, profit, overhead, and other resources required to meet the Government requirements in the

Performance Work Statement (PWS), dated 10 December 2018. Only FFP offers will be evaluated. An offer including a price based on any contingency will not be accepted. An offeror must list their prices according to the unit of measure listed for each item, changing a unit of measure may be rejected as nonconforming to this solicitation.

This contract will have a one (1) year base ordering period with four (4) one year options. The pricing provided in this attachment will be used as a basis for task order pricing for the entire five (5) year ordering period. The

Offeror’s submitted unit prices are Firm Fixed Prices in which the contractor will not be able to exceed at the task order level. Upon award of this contract, the Offeror’s pricing for the current year will be applicable to task orders solicited within the same year. The current year’s pricing will expire 12 months following contract award and the following year’s pricing will then take effect. The period of performance for each year’s pricing will be indicated at

Contract Award.

The offeror’s Total Proposed Price will be evaluated for award purposes. To determine Total Proposed Price, each line item ‘Item Cost’ (the product of the offeror’s proposed Unit Cost multiplied by the government-supplied estimated quantity as listed on the Pricing Schedule) will be added together to provide a total for the Base Period and each Option Period. The totals for each Period will then be added together to identify each offeror’s Total

Proposed Price. All five Periods will be considered in determining the offeror’s total evaluated price. OPTIONS:

Evaluation of options shall not obligate the Government to exercise the option(s). FAR Clause 52.217-8, Option to

Extend Services is included in this solicitation. This option may be exercised prior to the end of any specified period of performance for the base year or option years. This clause specifies that the Government may require continued performance of any services within the limits and at the rates specified in the contract. As such, if the option is exercised, the awarded offeror’s prices for this option period(s)will be considered evaluated (and reasonable by virtue of award) as a result of the price evaluation specified in the solicitation; the prices under this clause will remain the same as the prices for the period of performance during which the clause was exercised.

Attachment 3, Bid Schedule includes tabs for each of the five (5) 1-year ordering periods this contract will span.

Offerors shall complete the Unit Prices for each price element for each ordering period. The Offeror’s total evaluated price will be the sum of their five (5) 1-year ordering periods.

(7) Discrepancies. If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale as well as the remedies the offeror is asking the Contracting Officer to consider as related to the omission or error.

The offeror is reminded that the Government reserves the right to award this effort based on the initial quote, as received, without discussion.

(8) Exceptions to Terms and Conditions. Offerors shall identify and explain any exception, deviation, or assumption to the solicitation terms and conditions and provide accompanying rationale.

(End of Provision)

BASIS FOR AWARD

BASIS FOR AWARD

EVALUATION FACTORS FOR AWARD

1. BASIS FOR CONTRACT AWARD

Pursuant to FAR 13.106-1(a)(2) the Government’s basis for award is based on the offeror’s technical capabilities and price. Award will be made to the responsible Offeror whose quote conforms to all solicitation requirements, such as terms and conditions, representations and certifications, technical requirements, and also provides the best value to the Government based on the results of the evaluation described below. The Government intends to award without discussions, therefore each initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

Evaluation Factors. The relative importance of each factor is as follows: Technical Capabilities and Price are of equal importance.

2. NUMBER OF CONTRACTS TO BE AWARDED

The Government intends to award one (1) Firm-Fixed-Price Indefinite Delivery Contract (IDC) Requirements contract.

3. EVALUATION FACTORS

A. A detailed and complete analysis of each Offeror’s quote will be performed. The Government’s evaluation will be based on the following factors and subfactors:

Factor 1: Technical o Sub factor 1: Certifications and Qualifications o Sub factor 2: Insurance

Factor 2: Price o Sub factor 1: Completeness o Sub factor 2: Reasonableness

B. Quote Evaluation: The evaluation process will be accomplished as follows: Each Offeror’s quote shall be evaluated based on the factors/subfactors below, to determine if the Offeror provides a sound, compliant approach that meets the requirements of the Emergency Response Services Performance Work Statement (PWS) and its attachments, and demonstrates a thorough knowledge and understanding of those requirements and their associated risks. The technical quote must address the following subfactor in sufficient detail.

FACTOR 1 – TECHNICAL:

Sub factor 1: Certifications and Qualifications: The quote will be evaluated and rated to determine if the Offeror has obtained the following certifications for the organization and key personnel eg. Project Manager, Site Supervisor. The offeror may redact the key personnel names and any personal information from the certifications submitted. The following certificates must be submitted with the quote:

Oil Spill Response Organization (OSRO) Certification for District 8 Sector Mobile. The

OSRO Certification SHALL reference the offeror’s ability to respond to Inland, rivers and canals for Facilities at the following tiers: WCD1, WCD2, WCD3, and MMPD.

(ORGANIZATIONAL CLASSIFICATION SHALL BE PROVIDED)

Hazardous Waste Operations and Emergency Response Incident Command Level

Certification. Level 5 IAW 29 CFR 1910.120 (PERSONNEL CERTIFICATE SHALL BE

PROVIDED)

ICS-700 NIMS An Introduction Certification (PERSONNEL CERTIFICATE SHALL BE

PROVIDED)

Sub factor 2: Insurance: The quote will be evaluated to determine if the offeror has met the required minimum insurance requirements in accordance with the performance work statement, dated 10 December 2018.

The following insurances certificates must be submitted with the quote:

Workman’s Compensation Insurance (or its equivalent)

General Liability

• Bodily injury of not less than $500,000 per occurrence

• Property damage of not less than $1,000,000 per occurrence

Automobile Liability

• Bodily injury of not less than $200,000 per person and $500,000 per occurrence

• Property damage of not less than $20,000 per occurrence

Technical Rating: The Offeror’s technical rating will be based on the submission and receipt of the above requested certifications and qualifications defined in Technical Factor 1; subfactor 1 and subfactor 2. A rating of acceptable will be assigned to a quote if the offeror provides the requested certifications and qualifications for the company and key personnel. If the offeror fails to provide even one of the requested certificates or qualifications requested the quote will be assigned an unacceptable rating for the technical quote. The

Government will assign the adjectival rating with the description that best corresponds to the Government’s evaluation.

Adjectival

Rating

Description

Acceptable For a quote to be determined acceptable both subfactor 1 and subfactor 2 must be assigned an acceptable rating.

Subfactor 1- Quote meets the requirements detailed in technical subfactor 1.

Subfactor 2- Quote meets the requirements detailed in technical subfactor 2. The offeror has provided the requested insurance information which clearly states the type of insurances possessed and the cooresponding liability limits.

Unacceptable If a quote does not meet all requirements of subfactor 1 and subfactor 2 the entire technical factor will receive an unacceptable rating and therefore is unawardable.

Subfactor 1- Quote does not meet the requested qualifications and specifications, and thus, contains one or more deficiencies.

The subfactor shall receive an unacceptable rating.

Subfactor 2- Quotes that do not meet the detailed technical information listed in technical subfactor 2. If the insurance information provided does not meet the insurance type and minimium liability limits requested, the offer will receive an unacceptable rating.

FACTOR 2 – PRICE:

A. Price will be reviewed and evaluated based on the bid schedule provided under attachment 3. The

Offeror’s Price quote will be evaluated on a Total Evaluated Price (TEP) basis. The Offeror must submit a price for each item listed on the bid schedule and the price shall be listed according to the unit of measure provided on the bid schedule in order to be considered acceptable. The basic year and option years one (1) through four (4) will be added together to calculate the Offeror’s TEP. Once the offerors total evaluated price has been determined, the lowest overall offer will be reviewed to determine if the offer is complete and reasonable. If the lowest price at this point cannot be determined complete or reasonable the next lowest offer will be evaluated until an offer can be determined both complete and reasonable.

* Completeness. This element is met when the respondent’s prices are determined complete in accordance with the solicitation instructions.

**Reasonableness: Normally, price reasonableness is established through adequate price competition, but may also be determined using one or more of the techniques defined in FAR 13.106-3(a)(2).

***Unbalanced pricing: Offeror’s price quotes will be evaluated to determine if unbalanced pricing exists.

Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by application of cost or price analysis techniques. An offer may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the

Government.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (JUL 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 proceeding 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 via https://www.sam.gov

(see 52.204-7).

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

ALTERNATE I (OCT 2014)

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 https://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—

(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;

https://www.sam.gov/ https://www.sam.gov/portal

(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 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.

(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.

https://www.acquisition.gov/

(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.

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

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

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

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana

Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the Maldives Islands, or Nepal).

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

(d) Representations required to implement provisions of Executive 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

[List as necessary]

(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:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

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

FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.:

[List as necessary]

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