RFQ_LOX_Final.doc

Combined Synopsis/Solicitation

FA3016-18-U-0028

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6 and solicited in accordance with FAR Part 13 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested. The solicitation number is issued as a Request For Quotes (RFQ). This solicitation document and incorporated provisions are those in effect through Federal Acquisition Circular 2005-94 and DFARS change notice 20161222. This is a requirement for medical gas for the San Antonio Texas Department of Defense (DoD) Military Treatment Facility (MTF), Wilford Hall Ambulatory Surgical Center (WHASC).

This is a notice that this order is a Firm-Fixed-Price requirement. The Government reserves the right to cancel this solicitation 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. The NAICS code is 325120 and the size standard is 1,000 employees. The offeror shall quote on an all or none basis. Written quotes are required (oral offers will not be accepted). Please complete all information requested below (Cage Code, DUNS, etc.).

Liquid Oxygen Tank and Reserve Please provide a quote for the line items listed below in accordance with the Statement of Work (SOW). Details of the requesting service to fulfill requirement must be met. Due to the Government’s immediate need, a 2-3 calendar day delivery time, to include weekends, is required. Failure to quote on all CLINs will render the quote unacceptable and ineligible for award.

CLIN 2003

CLIN 2004

CLIN

Bulk Medical Oxygen

CLIN

CLIN

CLIN

CLIN

Total:

Required

Delivery Time 2-3 Calendar Days

Please provide the information below:

Other (Please specify)

Company Name:

DUNS #

Required Cage Code Number:

POC:

Telephone #

E-Mail Address:

Tax ID#:

Do you have the capacity to invoice electronically through Wide Area Work Force (WAWF)?

Applicable Clauses and Provisions

52.204-7

System for Award Management (Oct 2016)

52.204-13

System for Award Management Maintenance (Oct 2016)

52.212-1 Instructions to Offerors (Jan 2017)

52.212-2

Evaluation – Commercial Items (Oct 2014)

52.212-3

Offeror Representations and Certifications—Commercial Items (Jan 2017) 52.212-4

Contract Terms and Conditions - Commercial Items (Jan 2017)

52.217-5 Evaluation of Options (Jul 1990)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)

52.219-13 Notice of Set-Aside of Orders (Nov 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013)

52.222-3 Convict Labor (Jun 2003) 52.222-19

Child Labor (Oct 2016)

52.222-21

Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sep 2016)

52.222-50 Combating Trafficking in Persons (Mar 2015) 52.223-2 Affirmative Procurement of Biobased Products Under Service And

Construction Contracts (Sep 2013) 52.223-18

Encouraging Contractor Policies to Ban Text Messaging While Driving

(Aug 2011)

52.225-13

Restrictions on Certain Foreign Purchase (Jun 2008)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications. (Oct 2015)

52.228-5 Insurance -- Work on a Government Installation (Jan 1997) 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (Feb 2013) 52.232-18 Availability of Funds (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-3 Protest After Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-1

Site Visit (Apr 1984)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

(Apr 1984)

52.247-34 F.O.B.—Destination (Nov 1991) 52.252-1

Solicitation Provisions Incorporated By Reference (Feb 1998)

52.253-1 Computer Generated Forms (Jan 1991)

252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011)

252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013)

252.204-7004 Alternate A, System for Award Management (Feb 2014)

252.204-7012 Safeguarding of Unclassified Controlled Technical Information (Oct 2016)

252.211-7003 Item Unique Identification and Valuation (Mar 2016)

252.225-7048 Export-Controlled Items (Jun 2013) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)

252.232-7006 Wide Area Work Flow Payment Instructions (May 2013)

252.232-7010 Levies on Contract Payments (Dec 2006)

252.243-7001 Pricing of Contract Modifications (Dec 1991)

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 ADDENDUM

FAR 52.212-1 ADDENDUM

ADDENDUM TO 52.212-1—(Instructions to Offerors-Commercial Items)

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

1.Paragraph (b)(10) is deleted in its entirety and replaced below under “Addenda to 52.212-1.

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 120 calendar days from the date specified for receipt of offers.”

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

Addenda to 52.212-1(g), Contract Award. This paragraph is deleted in its entirety.

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

Addenda to 52.212-1(l), debriefing. This paragraph is deleted in its entirety.

1. GENERAL INSTRUCTIONS

1.1. Point of Contact. If you have any questions, contact Kelly Torres at (210) 671-0929 or via e-mail at kelly.torres.1@us.af.mil and Daniel Straw at (210) 671-3246 or via e-mail at daniel.straw.1@us.af.mil.

1.2. Submission of Quotes. The submission of quotes must be in accordance with FAR 52.212-1. Written quotes are required (oral offers will not be accepted). The Government will award a contract in accordance with the FAR 52.212-2.

1.3. Mandatory Registrations. To be eligible to receive an award resulting from this solicitation, registration with the System for Award Management (SAM) must be current, no exceptions. SAM is the DoD Central Contractor Registration (CCR) database. To register, please visit https://www.sam.gov/portal/public/SAM/.

1.4. Page Limitation. The page limit for the technical portion shall not exceed 10 pages. Page limitations shall be treated as maximums. This page limitation does not include the cover page and index of the volumes. If exceeded, the excess pages will not be read or considered in the evaluation of the offer.

1.5. Formatting. A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two pages. Page size shall be 8.5 x 11 inches. Except for the reproduced sections of the solicitation document, the text size shall be no more than 12 pt. Times New Roman font and no less than 10 pt. Times New Roman font for tables. Use at least 1 inch margins on the top and bottom and ¾-inch side margins. Pages shall be numbered sequentially by volume.

1.6. Organization. The proposal in response to this solicitation shall consist of two separate volumes: Volume I - Price, and Volume II - Technical. All documents submitted in response to this RFQ must be fully responsive to and consistent with the requirements of the RFQ. The Offeror shall include a Table of Contents, Solicitation Number, Company, Point of Contact Name, Phone Number, Email address, Company CAGE Code, banking information for contractor responsibility, and DUNS Number.

1.7. Electronic Copies. To assure timely and equitable evaluation of proposals, offeror must follow the instructions contained herein. Proposals must be complete, self-sufficient, and respond directly to the requirement of this solicitation. Each volume shall be in separate PDFs. Proposal response shall be submitted electronically on or before the due date using the US Army Aviation & Missile Research Development & Engineering Center Safe Access File Exchange (AMRDEC SAFE) https://safe.amrdec.army.mil/SAFE/Welcome.aspx.

1.8. Email Response. If the offeror encounters a problem with posting their response, the offeror must provide the proposal directly to Kelly Torres, kelly.torres.1@us.af.mil or Daniel Straw, daniel.straw.1@us.af.mil. The offer will still be required by the stated time in the RFQ. The offeror’s email response to this RFQ shall include all of the information required in this RFQ in the required format.

1.10. Late Proposals/Responses. Contractors are responsible for submitting their entire proposal by Monday, 11 Dec 17 at 1:00 p.m. San Antonio, TX local time in order to be considered timely. Any proposal, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of proposals is “late” and may not be considered unless it is received before award is made; if the Contracting Officer determines that accepting the late proposal would not unduly delay the acquisition; and if it was transmitted through an electronic commerce method authorized by the solicitation. However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

1.11. Basis for Award. 502 CONS will issue a Firm Fixed Price Contract to the offeror whose proposal has been determined to offer the Best Value to the Government using Lowest Priced Technically Acceptable (LPTA) Procedures, for performance of all the tasks required in the Statement of Work (SOW). For this RFQ best value means award will be made to the responsible contractor whose products/services are technically acceptable and proposes the lowest Total Evaluated Price with inclusion of four 1-year option periods and a 6 month extension of services option.

1.12. Questions. All questions regarding this requirement periods shall be submitted by Wednesday, 6 Dec 17 at 1:00 p.m. San Antonio, TX local time.

1.13. Notice to Offeror. The Government reserves the right to cancel this RFQ, either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse an Offeror for any costs.

1.14. Site Visit. A site visit will be conducted for all interested parties on Tuesday, 5 Dec 17, at 10:00 AM San Antonio, TX time at Wilford Hall Ambulatory Surgical Center. To acquire a base pass, please contact Kelly Torres at kelly.torres.1@us.af.mil. All interested parties shall submit name of attendees, drivers license number, dates of birth, and state of issuance. Instructions for base access will be provided upon receipt of the information listed above. All information shall be submitted by close of business on Wednesday, 29 Nov 17.

2. Volume I – PRICE PROPOSAL

2.1. The Contract Line Item Number (CLIN) pricing structure in the Schedule B is based on a Firm-Fixed Price for the entire period of performance. Offerors must propose on all CLINs. Failure to comply may render the proposal unacceptable and ineligible for award. Contractors are required to fill in the unit price for all CLINs identified within the Schedule B in the RFQ. The Unit Price shall be rounded to the penny and be no more than 2 decimal places to avoid rounding errors. Failure to comply with the above instructions may render the proposal unacceptable and ineligible for award.

2.2. Complete the necessary fill-ins and certifications in provisions.

3. Volume II – Technical. An Offeror must, at a minimum, demonstrate technical acceptability for each of the following factors:

3.1. The proposals shall be evaluated against the following sub-factor identified in FAR 52.212-2:

i. Subfactor 1: Transition Plan

ii. Subfactor 2: Installation and Maintenance Plan

iii. Subfactor 3: Proof of Installer Professional Qualifications IAW ASSE 6015 52.212-2 EVALUATION—COMMERCIAL ITEMS (Oct 2014)

1. BASIS FOR CONTRACT AWARD: This is a lowest price technically acceptable evaluation in which competing offerors' price and technical ability will be evaluated. Only offerors who are determined technically acceptable and whose price is determined reasonable are eligible for award. This award will be based on the guidance of FAR Part 13.

2. Unless specifically identified in your proposal, by submission of its offer, the offeror agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. All technically acceptable offers shall be treated equally except for their prices. Failure to meet a technical requirement will result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows:

2.1. Technical Acceptability. The Government will evaluate the technical submission on a pass/fail basis and assign ratings of Acceptable or Unacceptable as defined in 2.2 below.

2.2. The ratings consist of:

2.3. The offeror’s submission shall, at a minimum, address each of the sub-factors in 2.4 below, as they apply to the SOW. Detailed instructions are included in the proposal preparation instructions section of this solicitation. During evaluation of each proposal, the Government will assign each sub-factor a rating as shown in 2.2 above. A rating of unacceptable in one technical sub-factor will constitute an overall rating of unacceptable for the technical evaluation. An overall rating of technical unacceptability may render the proposal ineligible for further award consideration.

2.4. The submissions shall be evaluated against the following sub-factors:

Technical Sub-Factor 2.4.1. – Transition Plan

i. Subfactor 1: Transition Plan

The transition plan shall address how the offeror proposes to transition, if not the incumbent contractor, to make the transition as seamless as possible. Additionally, each offeror must address how the contractor proposes to transition at the end of the contract if they do not receive a follow-on contract. Evaluation will be based on the believability of a transition plan and how seamless the transition will be.

· The standard has been met when: The offeror’s transition plan adequately demonstrates the ability to seamlessly transition into contract performance so as to not interrupt services performed as well as the transition out if they are not awarded a follow-on contract.

Technical Sub-Factor 2.4.2 - Installation and Maintenance Plan

ii. Subfactor 2:

Standard: The offeror shall submit an installation and maintenance plan for all contractor owned equipment that ensures compliance with all National Fire Protection Association standards and the Food and Drug Administration’s good practices.

· The standard has been met when: The offeror adequately addresses all criterion and provides an adequate approach to tank and installation maintenance in accordance with the SOW dated 2 Nov 17.

iii. Subfactor 3: Proof of Professional Qualifications

Standard: The offeror shall submit proof of installer professional qualifications in accordance with ASSE 6015.

· The standard has been met when: The offeror provides copies of qualifications.

3. Evaluation of Proposals. Proposals initially will be ranked based on total evaluated price (TEP). TEP will be determined by multiplying the quantities identified in the Bid Schedule by the proposed unit price for each Contract Line Item Number (CLIN). The extended amounts for each CLIN will then be totaled to obtain the total for each performance period. The extended total for the basic performance will then be added to the extended total for each Option period, to obtain the TEP. Evaluation of option prices will not obligate the Government to exercise options. If three or fewer proposals are received, the Government will evaluate all proposals for technical acceptability. If more than three proposals are received, the Government will then evaluate the three lowest priced proposals for Technical Acceptability. However, the Government reserves the right to evaluate additional proposals for technical acceptability if deemed to be in their best interest. If the lowest priced proposal is not technically acceptable, the Government will consider the correction potential and may enter into interchanges with that contractor. The evaluation process will continue until reaching a technically acceptable proposal with a TEP that is reasonable and complete, or until all proposals are evaluated. If additional proposals are evaluated for technical acceptability, they will be evaluated in the order of TEP, when the agency determines that none of the initial three lowest priced proposals are qualified as acceptable. The agency will reject and not consider for award any proposal found technically unacceptable and ineligible for award under the terms of this RFQ.

3.1. Price Evaluation. The Government will evaluate the price information submitted in each offeror’s price proposal, as required by Addendum to FAR 52.212-1, paragraph 2. Volume I – PRICE PROPOSAL as described below. Any other data provided by the offeror with their price proposal that is not required by Addendum to FAR 52.212-1. Volume I – PRICE PROPOSAL will not be considered or evaluated. Evaluation of the options will not obligate the Government to exercise the option(s).

3.1.2. Price Reasonableness. The Government will conduct an analysis on the lowest priced technically “Acceptable” proposal, to determine if proposal prices are reasonable in accordance with FAR 13.106-3(a). All prices for all contract periods will be evaluated for reasonableness, which will be determined based on any elements as described in FAR 13.106-3(a). Evaluation of option prices will not obligate the Government to exercise options. Additionally, unreasonably high proposed costs or prices, initially or subsequently, may be grounds for eliminating a proposal from competition either on the basis that the Offeror does not understand the requirement or has submitted an unreasonable proposal.

3.2 Contractor Responsibility: The Government will verify contractor responsibility in accordance with FAR 9.104-1.

(End of Provision)

52.212-3 Offeror Representations and Certifications -- Commercial Items Alternate I (Oct 2014).

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at 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--

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(vi) The Family and Medical Leave Act; and

(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

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

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

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

(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:

[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:

Line Item No.:

[List as necessary]

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