Attachment_4_-_Combined_Synopsis_Solicitation_(FA2860-19-R-A013).pdf

COMBINED SYNOPSIS/SOLICITATION

Blood Courier Services (IAW FAR 12.603(c))

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. FAR Part 13 applies.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The synopsis/solicitation reference number is FA2860-19-R-A013 and is being issued as a Request for Proposal (RFP). The solicitation document is attached to this combined synopsis/solicitation that will be used to submit a proposal.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-01, Effective: 20 Dec 2018. In addition to the Federal Acquisition Regulation (FAR) and the Air Force Federal Acquisition Regulation Supplement (AFFARS).

(iv) This acquisition is solicited as a total small business set-aside. The associated NAICS code is 492110 (couriers and express delivery services), with a size standard of 1,500 employees.

(v) Contractors shall submit a proposal for all supervision, labor, equipment, materials, or vehicles necessary to perform blood courier services at Joint Base Andrews – Naval Air Field Washington (JBA-NAFW) for a period of performance of one (1) base year and three (3) option years, and shall provide pricing for an six-month extension of services option period. Contractors shall use the attached Pricing Worksheet to submit offers. See the attached Performance Work Statement (PWS). All responsible sources may submit a proposal, which shall be considered.

(vi) Performance shall begin within three (3) days after contract award. FOB: destination to JBA-NAFW, MD 20762 with additional delivery points as identified in the PWS (and in the resultant contract).

(vii) The Government anticipates award of a firm fixed-price contract. The Government intends to award one contract as a result of this solicitation. However, the Government reserves the right to award no contract at all, depending on the quality of offers submitted.

(viii) The following Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation (DFARS) and Air Force Federal Acquisition Regulation (AFFARS) clauses and provisions apply to this acquisition, are incorporated, and will remain in full force and effect in any resultant award (full text of clauses and provisions may be accessed electronically at http://farsite.hill.af.mil):

52.203-3, Gratuities 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-7, System for Award Management 52.204-13, System for Award Management Maintenance 52.204-16, Commercial and Government Entity Code Reporting 52.204-18, Commercial and Government Entity Code Maintenance 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.209-7, Information Regarding Responsibility Matters http://farsite.hill.af.mil/

52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

52.212-1, Instructions to Offerors-Commercial Items 52.212-4, Contract Terms and Conditions – Commercial Items 52.217-5, Evaluation of options 52.219-1, Small Business Program Representations 52.219-6, Notice of Total Small Business Set-Aside 52.223-10, Waste Reduction Program 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.246-16, Responsibility for Supplies 52.247-34, F.O.B. Destination 252.203-7000, Requirement Relating to Compensation of Former DoD Officials 252.203-7002, Requirement to Inform Employees of Whistleblower Rights 252.203-7003, Agency Office of the Inspector General 252.203-7005, Representation Relating to Compensation of Former DOD Officials 252.204-7003, Control of Government Personnel Work Product 252.204-7004 Alt A, System for Award Management Alternate A 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls 252.204-7011, Alternate Line Item Structure 252.204-7012, Safeguarding of Unclassified Controlled Technical Information 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support 252.205-7000, Provision of Information to Cooperative Agreement Holders 252.213-7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations 252.222-7007, Representation Regarding Combating Trafficking in Persons 252.225-7000, Buy American--Balance of Payments Program Certificate 252.225-7001, Buy American and Balance of Payments Program 252.225-7002, Qualifying Country Sources as Subcontractors 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals 252.225-7012, Preference for Certain Domestic Commodities 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 252.232-7010, Levies on Contract Payments 252.243-7001, Pricing of Contract Modifications 252.243-7002, Requests for Equitable Adjustment 252.244-7000, Subcontracts for Commercial Items and Commercial Components 252.247-7023, Transportation of Supplies by Sea

FAR 52.212-1 Instructions to Offers – Commercial Items. Offerors responding to this announcement shall submit their proposal in accordance with this clause. All pricing proposed shall be F.O.B. destination.

Addendum to 52.212-1 - Instructions to Offerors -- Commercial Items.

The following additions/changes are made to FAR provision 52.212-1, which is incorporated by reference.

Information found in this addendum supersede FAR 52.212-1.

1. Instructions to Offerors – Commercial Items.

a. The Government reserves the right to revise or amend the specifications, drawings or the solicitation prior to the Request For Proposal (RFP) closing time. Such revisions or amendments, will be communicated by amendments to this RFP. If such amendments require material changes in quantities or prices, the RFP closing date may be postponed by enough days to enable offerors to revise their quotes. In such cases, the amendment will include an announcement of the new RFP closing date and time. Amendments will be posted on the Internet with the solicitation documents without notice. Offerors are responsible for accessing all amendments prior to quote submission at www.fbo.gov. All solicitation amendments must be acknowledged and turned in with offer. The government reserves the right to award without discussions.

2. General Information.

a. Solicitation number: FA2860-19-R-A013

b. Requests for clarification. Address any questions or concerns you have to the Contract Administrator (CA) and Contracting Officer (CO). Written requests for clarification may be sent by e-mail to jonnae.m.hodge.ctr@mail.mil. No phone calls will be taken. All requests for clarification/questions are due no later than 25 March 2019 at 12:00 PM Eastern Standard Time via email.

c. Receipt of offerors. Offers are due no later than 26 March 2019 at 1:00 PM Eastern Standard Time via email. The offeror is solely responsible to make sure their offers are received by the deadline. Late quotes will be processed in accordance with FAR 52.212-1 (f) “Late submission, modifications, revisions and withdrawals of offers.”

d. Points of Contact – The CA is the point of contact for this acquisition. The CA for this solicitation is Ms.

Jonnae Hodge and she can be reached by phone at (240) 612-3976 or by email at jonnae.m.hodge.ctr@mail.mil. A secondary point of contact is 2d Lt Tarha Mazyck, who can be reached via email at tarha.a.mazyck.mil@mail.mil or (240) 612-5628.

e. Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for sixty (60) calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

3. Proposal Preparation Instructions.

a. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub factors. Failure to meet a requirement will result in an offer being ineligible for award. The offeror shall prepare submissions as set forth in the organizational table below. The titles and contents of the volumes are defined in the below table, all of which shall be within the required page limits and with the number of copies shown below.

VOLUME VOLUME CONTENTS PAGE LIMIT

I Contract Documentation, Cost/Price Pricing Worksheet II Past Performance NTE 8 III Technical Approach NTE 8

b. Page Limitations – Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read nor considered in the evaluation of the quote.

c. Page Size and Format – A page is defined as each face of a sheet of paper containing information. Page size shall be 8.5 X 11 inches. Pages shall be single spaced and text size shall be no less than 12 point. Use at least 1 inch margins on top and bottom and ¾ inch side margins. Pages shall be numbered sequentially mailto:tarha.a.mazyck.mil@mail.mil by volume. Legible tables, charts, graphs, and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc.

d. Electronic Offers –Electronic copies shall be submitted in a format readable by Microsoft Office Word or Adobe PDF.

4. General Format and Content

The offeror shall submit the following volumes of material. A complete proposal consists of the following volumes:

a. Volume I – Contract Documentation and Price: Fill in the blanks, when appropriate in any section of the Pricing Worksheet. Complete the cover page and all pricing information with a Total Evaluated Price.

Complete the Representations and Certifications IAW 52.212-3 and/or SAM website (https://www.sam.gov/portal/SAM/). Pricing must be submitted using the provided Attachment 1 – Pricing Sheet.

d. Volume II – Past Performance: Provide no more and no less than three (3) past performance references.

In the case of an offeror without a record of recent or relevant past performance, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have a neutral past performance.

Furnish the following information for the reference provided:

- Company/Division name

- Product/Service

- Contracting Agency/Customer

- Contract Number

- Contract Dollar Value

- Period of Performance

- Verified, up-to-date name, address, telephone number and email address of the contracting officer or any representative able to validate performance history

- Summary of services provided and a description of how closely the provided services performed under those contracts relate to the Performance Work Statement

- Comments regarding compliance with contract terms and conditions

- Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

e. Volume III – Technical Approach: Provide a service plan that reflects a clear understanding of the Performance Work Statement (PWS) as identified in Addendum to FAR 52.212-2 ‘Technical Approach Ratings’; and provide specific evidence of compliance as requested.

(End of Provision Addendum)

(ix) FAR 52.212-2 Evaluation – Commercial Items. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

(1) Price;

(2) Past Performance and;

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

(3) Technical Capability

(a) Technical Capability and past performance, when combined are significantly more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for CLINS 0001, 1001, 2001, 3001 and 4001 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)

Addendum to 52.212-2 Evaluation – Commercial Items.

Evaluation Process:

1. Price: First, the Government will arrange only those proposals conforming to the solicitation by Total Evaluated Price (TEP) submitted on Attachment 1 – Pricing Worksheet, from lowest to highest, and will evaluate prices. The government will review price information to determine if the price is realistic, compatible with the scope of effort, are not unbalanced, and are neither excessive nor sufficient for the effort to be accomplished. The aggregate value of CLINS 0001, 1001, 2001, 3001, and 4001 will be evaluated for TEP.

(Offerors are advised that, under this evaluation method, the government may determine the offer is unacceptable if the prices are unbalanced, between the initial and each option period. Prices are considered unbalanced if they are significantly understated or overstated in relation to the actual cost of the work).

2. Technical: Secondly, the Government will evaluate the Technical Acceptability using the submitted technical approach of the lowest priced offeror and assign a rating of either “Acceptable” or “Unacceptable”, starting with the lowest priced TEP offeror. If the lowest priced offeror receives a Technical Approach rating of “Unacceptable”, the Government will evaluate the next eligible offeror (in order by price) until an “Acceptable” rating is achieved or until all offerors are evaluated. As part of an offeror’s Technical Approach, responses must demonstrate a clear understanding of the Performance Work Statement (PWS) and provide clear evidence of an ability to comply. Do not just regurgitate the PWS.

Offerors who simply repeat the PWS will be deemed to have a lack of understanding and comprehension.

The Government shall evaluate an offerors Technical Approach using the ratings identified in Table 1.

Table 1 – Technical Approach Ratings Rating Description

ACCEPTABLE

Offeror has provided clear evidence that they meet the requirements in sections (and sub-sections) under 1.2, 1.3, and 2.0 of the PWS and the Government has an expectation that the offeror will successfully perform the required effort.

UNACCEPTABLE

Offeror has not provided clear evidence that they meet the requirements in sections (and sub-sections) under 1.2, 1.3, and 2.0 of the PWS and the Government does not have an expectation that the offeror will successfully perform the required effort.

Once a technically acceptable offer is found, the evaluation process will move to past performance; if the past performance is rated as “Acceptable” award will be made; if an “Unacceptable” past performance rating is assigned, the evaluation will move to the next lowest priced, technically acceptable offeror and the process will restart until an evaluation with a past performance rating of “Acceptable” is found. Once a quote with “Acceptable” past performance is identified, the evaluation stops. No further consideration will be given to the remaining higher priced offerors. At this point the Government will make a determination as to the best value to the Government.

(3) The government will evaluate the quality and extent of offeror’s past performance deemed relevant to the requirements of the PWS. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel (if applicable) who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. The Government shall evaluate an offeror’s Past Performance using the ratings identified in Table 2.

Table 2 – Performance Confidence Assessments Ratings

Adjectival Rating Description

ACCEPTABLE

Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

UNACCEPTABLE

Based on the offeror’s recent/relevant performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

(4) The Government will use the following recency and relevancy definitions when assessing recent and relevant contracts:

(a) Recency Assessment: An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past five (5) years from the date of issuance of this solicitation. Any single reference that fails this condition may be deemed to be “Not Recent” and may result in a Past Performance rating of “Unacceptable”.

(b) Relevancy Assessment: As described in Table 3 below, the Government will conduct an in-depth evaluation of all recent performance information obtained to determine how closely the provided products/services performed under those contracts relate to the Performance Work Statement. Each reference will be assigned a rating IAW Table 3. Common aspects of relevancy include, but are not limited to, the following: similarity of product/service/support, complexity, dollar value, contract type, use of key personnel, and extent of subcontracting/teaming. A cumulative relevancy determination of the offeror’s past performance will be made based upon the aforementioned considerations, including joint venture partner(s) and major and critical subcontractor(s). In determining relevancy for individual references, consideration will be given to the effort, or portion of the effort, being proposed by the offeror, teaming partner, or subcontractor whose contract is being reviewed and evaluated. Past performance information deemed “Not Relevant” may result in an “Unacceptable” past performance rating.

Table 3 – Past Performance Relevancy Ratings Adjectival Rating Description

Relevant Present/past performance effort involved the same or similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

(5) In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance volume and information obtained from other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers and Fee Determining Officials; the Defense Contract Management Agency (DCMA), and commercial sources. Negative performance revealed as a result of sources above may result in a past performance rating of “Unacceptable”.

(6) Evaluation Factors & Sub Factors

a. Factor One, Price (Volume I): For the purpose of evaluation the Government will evaluate an Offerors proposed price utilizing one or more of the techniques located at FAR 13. Proposed prices shall be fully burdened inclusive of all direct and indirect costs (e.g., profit, fringe benefits, salary, and indirect rates.)

An offeror’s Total Evaluated Price (TEP) will be determined by adding all CLIN totals together. 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). Failure to provide a completed TEP and all required unit prices will result in that offeror being determined non-responsive and remove them from consideration.

b. Factor Two, Past Performance (Volume II): The past performance evaluation factor assesses the degree of confidence the Government has in an offeror’s ability to supply services that meets users’ needs, based on a demonstrated record of performance. Offerors must provide a list (reference) of no more or no less than three (3) of the most recent and relevant contract performed for Federal agencies and/or commercial customers.

Offerors must furnish the information for the reference provided requested in the Addendum to FAR 52.212-1 for Volume II. Offerors whom do not provide a reference due to a lack of recent or relevant past performance must identify such in writing. Offerors with unknown past performance will be assigned a neutral past performance rating.

c. Factor Three, Technical Approach (Volume III): The purpose of the technical factor(s) is to assess the offeror’s proposed approach, as detailed in its quote, to satisfy the Government’s requirements.

• Offerors shall provide a service plan detailing their understanding and ability to meet all technical core requirements and performance standards in the PWS. Service Plan must reflect an understanding of Sections 1.2, 1.3, and 2.0 within the PWS. Do not just regurgitate the PWS. Offerors who repeat the PWS will be deemed to have a lack of understanding and comprehension.

Failure to identify the requirement listed above will result in that offeror being determined non-responsive and that offeror will not be considered for award.

(7) 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 Addendum)

52.212-3 – Offeror Representations and Certifications – Commercial Items

Offeror Representations and Certifications -- 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

(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 SAM website.

(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.

(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:

(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:

(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 government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for…