Amendment_1_-FA301618R0013__8-Dec-2017.pdf

FA301618R0013

F2MTME7171AW01

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

See Summary of Changes

1. CONTRACT ID CODE PAGE OF PAGES

J 1 56

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 08-Dec-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X FA301618R0013

X 9B. DATED (SEE ITEM 11)

21-Nov-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

08-Dec-2017

CODE

502D CONTRACTING SQUADRON

2250 ENGINEER ST STE 1

JBSA FT SAM HOUSTON TX 78234-7740

FA3016 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

Solicitation # FA3016-18-R-0013

Amendment #1

8 December 2017

TITLE: Solicitation FA3016-18-R-0013 - Clinical Coordination Support for the Medical Education

Training Campus (METC) – at Joint Base San Antonio-Fort Sam Houston, Texas

1. The purpose of this amendment is to:

a. Update/Revise the following solicitation FAR Clauses and Addendums:

Addendum to FAR 52.212-1 Instructions to Offerors--Commercial Items (Jan 2017)

FAR 52.212-3 -Offeror Representations and Certifications -- Commercial Items (Nov

2017)

Alternate I (Oct 2014) to FAR 52.212-3 -Offeror Representations and Certifications -

- Commercial Items (Nov 2017)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders--Commercial Items (DEVIATION 2013-O0019) (Nov 2017)

b. Revise the solicitation Performance Work Statement (PWS) dated 15 November 2017 with a revised PWS dated 8 December 2017.

c. Provide the Government's response to questions submitted by contractors relating to the above solicitation # FA3016-18-R-0013. Government responses to Contractor Questions are below:

Contractor Question 1: We recommend the government consider reviewing either the tasks associated with the contract as they compare with the statement of equivalent rates. The amount associated with a

Clinical Coordination Support (GS-5) of $15.74 is a General Clerk; which does not remotely meet the tasks outlined in the Performance Work Statement or the required qualifications. The PWS tasks outline a senior health analysist that is well above the SCA requirements. The $15.74 clerk (Clinical Coordination

Support) occupation will not have the education or experience to, “Create MOU’s, MOA’s, and TAA…” for a specific example in the PWS. The requirement for an FTE that “possess the educational and clinical knowledge of a senior nurse or senior allied health professional, and also the ability to operate in an executive level environment, working with military senior leadership and high-ranking civilian executives in San Antonio and abroad” is NOT a $15.74 clerk (Clinical Coordination Support) as depicted in your statement of equivalent rates. We understand that the statement of equivalent rates is not prevailing wage;

however, wording throughout the entire solicitation builds requirements. Words have meaning, and there appears to be an error in the statement of equivalent rates. If the above is true, then we recommend that this solicitation not be a Wage Determination requirement based on education. We recommend the

Government provide a qualification statement that addresses education and experience that matches the statement of equivalent rates.

Government Response: FAR 52.222-42 Statement of Equivalent Rates for Federal Hires has been revised.

Contractor Question 2: Will you provide the contact information for the current person holding the position.

Government Response: Contact information will be provided to awardee subject to consent of incumbent employee.

Contractor Question 3: I understand this is currently not funded. If funding is received, will funding cover the base AND option years?

Government Response: The government only provides funding for the “Base Year”. Option Year funding is not provided until the Option Year is exercised.

Contractor Question 4: Based on your detailed PWS, will you use any measurement of price reasonableness to insure that the LPTA candidate meets you minimum standards?

Government Response: See FAR 52.212-2 Evaluation--Commercial Items for evaluation procedures.

Contractor Question 5: Would you consider changing this to best value evaluation based on recent DoD guidance to allow you evaluate and weight risks associated with supplier experience, specific candidate selection and successful past performance.

Government Response: No- See FAR 52.212-2 Evaluation--Commercial Items for evaluation procedures.

Contractor Question 6: Will the Government accept proposals submitted in PDF format?

Government Response: Yes.

Contractor Question 7: Will the Government provide the occupational mapping and wage determination code to provide price reasonableness?

Government Response: Comparable to 12314 – Registered Nurse III.

Contractor Question 8: Page 6 Clauses Incorporated by Reference – Per Executive Order 13706 Sec 2, “Executive departments and agencies shall ensure that new contracts, contract-like instruments, and solicitations include a clause [for paid sick leave]…” Can the government add clause 52.222-62 Paid

Sick Leave under Executive Order 13706 (JAN 2017).

Government Response: Contractor will comply with the included wage determination and Executive

Order 13706.

Contractor Question 9: Page 9 Section 4.1 Contracting/Pricing Proposal (Volume 1) Solicitation

Section states “The "original" shall be clearly marked under separate cover.”

One copy of the proposals are to be submitted by email, can the government clarify what needs to be marked “original” and submitted under separate cover. And what is meant by “separate cover.”

Government Response: Sentence has been revised—See FAR 52-212-1.

Contractor Question 10: Page 56 52.222-42 Statement of Equivalent Rates for Federal Hires – While the statement is provided for information purposes only, the clause itself “identifies the classes of service employees EXPECTED to be employed…and states the wages and fringe benefits if they were employed by the contracting agency.” The monetary wage EXPECTED is too low for a senior nurse or senior allied health professional with executive level interactions, per Sec 1.3.6. Using the expected employee class and monetary wage may produce proposals that are unrealistically priced for the level of services performed. Can the government update the Statement of Equivalent Rates for a more appropriate employee class?

Government Response: FAR 52.222-42 Statement of Equivalent Rates for Federal Hires has been revised.

Contractor Question 11: Page 73 Section 1.3.6 “The contractor shall possess the educational and clinical knowledge of a senior nurse or senior allied health professional,…” and “maintain active credentials and/or licensures in their area of expertise/profession”

a. Can the government clarify the qualifications requirements listed?

b. What education/experience does the government consider to be a “senior nurse” or “senior allied health professional”?

c. What credentials and/or licensures does the government require contractor personnel to have?

Government Response:

Question a/b: The individual shall possess a Bachelor’s Degree in nursing or other clinical health care specialties. If the individual has a Bachelor’s Degree in other fields, then the individual must have at least 10 years of clinical experience in an allied health field, either inpatient or outpatient setting.

Question c: The individual must also maintain an active registered nursing license or an active license/certification in other allied health specialties in any of the 50 states.

Contractor Question 12: Page 72 Section 1.1.11 and Page 78 Item 11 includes “site visits at medical treatment facilities (civilian and military), locally and nationwide” There is no CLIN for ODCs such as travel. Will the government add a CLIN for ODCs?

If a CLIN will not be added, how does the government want Offerors to handle the costs for anticipated travel? Can the government provide information on how many site visits will be required annually, where the site visits will be, the duration expected at each visit (i.e. hours, days) and any other relevant information so Offerors to price accordingly?

Government Response: Removed “and nationwide”. No travel costs in this requirement. Government shall provide transportation locally, as required.

Contractor Question 13: Page 78 Appendix A Estimated Workload Data – After adding clause 52.222-

62 Paid Sick Leave Under Executive Order 13706 (JAN 2017), can the government update the task schedule to reduce the estimated quantity of hours per task to total 1,864?

Government Response: No, Estimated task hours is 1,920.

Contractor Question 14: 4.1, p9 RFP section 4.1 instructions for Volume I asks for the solicitation to be submitted including the completed SF1449/30, Schedule of Supplies/Services, and Representations and

Certifications.

Please clarify whether we need to submit the entire 78-page solicitation or just the specific sections called for?

Government Response: Page limitations for contractor proposals have been removed. See Amendment 1- under

FAR 52.212-1, Instructions to Offerors. Submit proposal documents in accordance with FAR 52.212-1.

Contractor Question 15: Section 1.3.4.1, p72. Please clarify which specific provisions are required in

14 days per this requirements?

Government Response: The government anticipates award on/about 16 Jan 2018; therefore, this should allow ample time to meet this requirement

Contractor Question 16: Section 1.3.4.4, p 73

How is the government accepting the birth certificates/naturalization docs from the company/staff?

Hardcopy?

Government Response: To be determined with the awardee as required..

Contractor Question 17: Section 1.3.4.4, p 73

Confirm the government will protect the PII IAW GSA Directive CIO P 2180.1

Contractor Question 18: Wage Determination 15-5253, p61

Please confirm this contract does or does not fall under the Service Contract Act?

Government Response: Yes—this requirement falls under the SCA.

Contractor Question 19: Wage Determination 15-5253, p61

If this contract does fall under the SCA, what occupation code/tile is the correct labor category for the

Clinical Coordinator?

Government Response: Comparable to 12314 – Registered Nurse III.

Contractor Question 20: Will the government identify the minimum level of experience required for this position?

Government Response: See response to Contractor Question 11.

Contractor Question 21: Will the government identify the minimum educational requirement for this position?

Government Response: See response to Contractor Question 11.

Contractor Question 22: Is it the Government’s intention is for the contractor to provide for sick leave to all personnel (including those not covered under Wage Determination) working on this contract, in accordance with EO 13706?

Contractor Question 23: Who is the incumbent contractor?

What was the current contract number and awarded amount?

Can the government provide information on the number of years each of the FTEs have been performing on the contract?

Government Response: The incumbent contractor is:

Decypher Technologies, LTD.

The current contract number is against one of the Air Force Consultant, Advisory &

Technical Services (CATS) Indefinite Delivery-Indefinite Quantity (IDIQ) Multiple

Award Contracts (MACs) # FA8053-12-D-0001-Task Order: SM08

Value: $100,185.60 for the position identified in this requirement (current option year)

FTE have been performing for 2 years.

Contractor Question 24: Are there any other requirements for this solicitation?

Government Response: In addition, please provide a Table with the following informational items with your proposal. Submitted information will assist in accountability of proposals:

CONTRACTOR INFORMATIONAL TABLE

Solicitation # FA3016-18-R-0013

Name of Business Entity

Full Address

CAGE CODE

DUNS No. #

Federal Tax ID #

Name of Point of Contact (POC)

POC Phone No. #

POC Phone No. #

2. Due to acquisition time constraints and the need to award this contract by early January 2018, NO

FURTHER QUESTIONS regarding this solicitation will be entertained.

3. In accordance with FAR 52.212-1 Instructions to Offerors--Commercial Items, paragraph 4.1, Offerors shall acknowledge receipt of this amendment and submit with their proposal.

ADDENDA TO FAR 52.212-1

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

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

REFERENCE.

SUBJECT TO AVAILABILITY OF FUNDS

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation in part or in whole, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (Jan 2017)

Addendum to 52.212-1(b), Submission of Offers. The paragraph is tailored as follows:

1.0 General Instructions. The subject acquisition is being competed under FAR 13.5 Simplified Procedures for

Certain Commercial Items, utilizing the Lowest Price Technically Acceptable (LPTA) procedures. This section provides general guidance for preparing proposals, as well as specific instructions on the format and content of the proposal. Throughout this solicitation, the term “Offeror” includes subcontractors, teammates and/or joint venture partners. The Offeror’s proposal must include all data and information requested, and must be submitted in accordance with (IAW) these instructions. The Offeror shall be compliant with the requirements as stated in the solicitation. A proposal that is sufficiently documented to support technical capability and price in a complete, orderly, and specific detailed manner will enable the Government to perform a thorough and fair evaluation.

Compliance with the instructions and solicitation is mandatory. Failure to comply may result in an unfavorable proposal evaluation and render the proposal ineligible for award.

2.0 Information Regarding Submission Requirements. Documents submitted in response to this solicitation must comply with requirements of the solicitation and Performance Work Statement (PWS).

To be considered, Proposals are to be received by Contract Specialist, Ms. Jacqueline Acosta, Email:

jacqueline.acosta@us.af.mil and Contracting Officer, Mr. Gary Beck, Email: gary.beck@us.af.mil no later than the date and time established in Block 8 of the SF 1449. For this acquisition—ONLY EMAIL PROPOSALS WILL

BE ACCEPTED.

NOTE: CONTRACTOR WILL CONFIRM THAT THE GOVERNMENT POC, AS NOTED ABOVE,

HAVE RECEIVED THE SUBMITTED PROPOSAL.

Electronic (EMAIL) proposals will be processed in accordance with FAR 52.212-1(f): “Late submission, modifications, revisions, and withdrawals of offers.” All proposals must be in English. All questions must be submitted via email no later than 7 December 2017 at 10:00 am CST via email to Jacqueline Acosta, Jacqueline.acosta@us.af.mil and Gary Beck, gary.beck@us.af.mil. Questions submitted after this date will not be considered.

3.0 Proposal Preparation and Format Instructions. This section provides general guidance for preparing proposals in regards to the format and content of the proposal. Each volume shall be complete in itself. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein; all the requirements specified in this solicitation are mandatory. Offerors are representing that your firm will perform all the requirements specified in the solicitation by submitting your proposal. Offerors are required to meet all solicitation requirements, including terms and conditions, and representations and certifications, in addition to those identified as evaluation factors or sub factors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

3.1 Proposal Clarity. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation of the Offeror’s capabilities and for substantiating the validity of stated claims. The Offeror’s proposal shall not simply rephrase, reiterate, or restate the Government’s own language, but rather shall provide convincing rationale describing how it intends to fulfill the requirement. Legibility, clarity, and coherence are very important. Provide as specifically as possible the actual methodology you would use for accomplishing and satisfying the requirements.

mailto:jacqueline.acosta@us.af.mil mailto:gary.beck@us.af.mil

The Offeror shall assume that the Government has no prior knowledge of its capabilities, facilities and experience, and will base the evaluation on the information presented in the Offeror’s proposal.

3.2 Page Limitations. There is no page limitation for submission. You are required to submit the following volumes with your proposal submission:

Volume I - Contracting/Pricing Information to include a Cover Sheet

Volume II –Technical Proposal to include a Cover Sheet

Except for reproduced sections of the solicitation document and tables, charts, graphs and figures, typing shall be not less than 12-point Times New Roman font-- with no less than one inch in margin. Proposals will be on 8-1/2” x

11” paper. All pages shall be numbered.

4.0 Specific Proposal Instructions. To assure timely and equitable evaluation of the proposal, the Offeror must follow the instructions contained herein. The proposal must be complete, stand-alone, and respond directly to the requirements of this solicitation. The response shall consist of: Contracting/Pricing Proposal (Volume I) and a

Technical Proposal (Volume II).

4.1 Contracting/Pricing Proposal (Volume 1)

Each Offeror shall submit, by email, a Contracting/Pricing Volume with its proposal.

Instructions: The Contracting Officer (CO) has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the CO will review the offers and if, in the CO’s opinion, adequate price competition exists no additional cost information will be requested. However, if at any time during this competition the CO determines that adequate price competition no longer exists, offerors may be required to submit other than certified cost or pricing data to the extent necessary for the CO to determine the reasonableness of the price.

Solicitation: A signed copy of the SF 1449 from an individual legally authorized to bind the offeror. Offeror shall complete blocks 12, 17, and 30 and in doing so, the Offeror accedes to the contract terms and conditions as written in the solicitation with attachments. In the event that any amendments (SF 30) to the solicitation are issued, a signed copy of each amendment shall be placed before the solicitation in order starting with the most recent amendment issued. Complete all contract clause fill-ins if applicable.

A complete copy of the solicitation shall be submitted to include:

Schedule of Supplies/Services: The Offeror shall complete the Schedule of Supplies/Services of the RFP. A unit price shall be proposed and inserted for the Firm Fixed Price (FFP) Contract Line Item Number (CLIN), and shall be rounded up to two decimal places. The total amount must equal the sum of all unit prices (CLINs). The proposed prices shall be based on the Offeror’s own approach and the Government’s PWS requirements as set forth herein.

Offerors who change the quantities stated in the solicitation will render the proposal ineligible for award.

The Offeror shall submit only pricing information that will be evaluated for award or become part of the resulting contract. Supply costs and associated General and Administrative (G&A) costs plus profit or fees, should be included in the unit price.

Representations and Certifications: Contractor shall complete the necessary fill-ins, certifications, and provisions.

The offeror shall complete only paragraph (b) of the provision FAR 52.212-3 if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site. If the offeror has not completed the annual representations and certifications electronically, the offeror shall complete only paragraphs (c) through (p) of the provision FAR 52.212-3 and return it along with the proposal.

4.2 Technical Proposal (Volume II)

Each Offeror shall submit a Technical Volume with its proposal. Offerors are cautioned that the Government will only use data provided by each Offeror in this volume in the technical evaluation. By your proposal submission, you are representing that you will perform all the requirements specified in the solicitation. It is not necessary or desirable for you to tell us so in your proposal. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation.

All the requirements specified in the solicitation are mandatory. The contractor shall address the proposed approach to meeting the minimum performance or capability requirements of each technical factor. The responses will be evaluated against FAR 52.212-2, Evaluation Factors. Marketing presentations are not wanted and will not be evaluated. Hard and compelling evidence of capabilities is required to receive credit for evaluation factors.

Legibility, clarity, and coherence are very important. Offerors are strongly encouraged to provide as specifically as possible, the actual methodology to be used for accomplishing and satisfying the requirements.

Addendum to 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 60 Calendar Days from the date specified for receipt of offers.”

Addendum to 52.212-1(d), Product Samples, is deleted in its entirety.

Addendum to 52.212-1(e), Multiple Offers, is deleted in its entirety.

Addendum to 52.212-1(g), Contract award (not applicable to Invitation for Bids): The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

Addendum to 52.212-1(h), Multiple Awards, is deleted in its entirety.

(End of Addendum)

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

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) 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 https://www.sam.gov/portal

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“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 stock of which 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 its stock is owned by one or more women; or

(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 electronically 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 representations and certifications currently posted electronically at FAR 52.212-

3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (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 will be performed in the United

States or its outlying areas. Check all that apply.

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

https://www.acquisition.gov/

(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.

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

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

(d) Certifications and 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 either to the Equal

Opportunity clause of this solicitation, the 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

Subparts 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:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli

Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 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,…