RFQ GPR.pdf

REQUEST FOR QUOTATION (RFQ)

375TH CONTRACTING SQUADRON

201 E. WINTERS ST, BLDG. 50

SCOTT AFB, IL 62225‐5015

The United States Air Force, 375 Contracting Squadron (PKB1), Scott Air Force Base, IL is contemplating an award for Ground Penetrating Radar Service at a section of the airfield at the Scott Air Force Base.

This is a commercial purchase using FAR Part 12 and Part 13 procedures. The following information, as required per FAR 12.603(c)(2) applies:

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Part 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

(ii) The solicitation reference number is FA4407‐20‐Q‐0005; it is being issued as a Request for Quotation (RFQ).

(iii) The solicitation document, incorporated provisions, and clauses are those in effect through the Federal Acquisition Circular 19‐06 effective October 10th 2019, and the Defense Federal Acquisition Regulation Supplement DPN 20190531 Edition.

(iv) This acquisition is being procured utilizing:

The North American Industry Classification System (NAICS) Code is 541360;

Product Service Code (PSC) is R404

Small business size standard is $38.5M.

A single award will be made as a result of evaluation of quotes received.

(v) Contract Line Item Number(s) CLINS:

Item # Description Quantity Unit Unit Price

Total Price

SCANNING/FIELD MARKINGS

MOBILIZATION

REPORT WITH GPS MAPPING

**See Detailed Description Below**

Lot

Description of Service Upon completing the slab repair, there was a massive void discovered under a slab that routinely sees aircraft taxiway wheel traffic. To verify no other voids are present, we need a contractor to perform Ground Penetrating Radar (GPR) on approx. 1M sf main ramp on our airfield. Contractor will provide a report with GPS mapping, a written report and a CAD drawing when finished that pinpoints some/none voids under the slabs. If there are more voids found, they would need to be immediately repaired, as to not interrupt aircraft taxiway traffic.

Qualifications

Vendor shall have the experience and capability to perform Ground Penetrating Radar service (GPR).

Vendor must be registered in System for Award Management (SAM).

**THIS IS A BRAND NAME OR EQUAL

PURCHASE**

If quoting an EQUAL, please provide

If your SAM does not have NAICS 541360 associated, it is suggested you add NAICS Code 541360 to “Reps & Certs” in SAM. If not included in reps and certs or added, verification of size standard may be required via email.

Contract Type 375 Contracting Squadron is anticipating a firm fixed price contract.

Information Required

PROVIDE THE FOLLOWING CONTRACTOR INFORMATION WITH YOUR QUOTE:

To 375 Contracting Office personnel listed below:

1. Contractor Name: _______________________________________________________

2. Contractor Address: _____________________________________________________

3. Point of Contact: ________________________________________________________

4. Phone Number: __________________________________________________________

5. Email Address: __________________________________________________________

6. DUNS Number: ___________________________________________________________

7. CAGE Code: ______________________________________________________________

8. Business Type (i.e. Small, Women‐Owned, SDVOSB, etc.): ________________________

9. Number of Employees/Annual Revenue: _________________________________________

Please submit the above information no later than 3:00 pm CST on 26 February 2020. Information may be submitted by email or U.S. mail to the address below.

If you have any questions, please feel free to contact:

Primary:

Lorri Brown Contract Specialist 201 East Winters Street, Bldg. 50 Scott AFB, IL 62225‐5015 E‐mail: lorri.brown@us.af.mil Phone: 618‐256‐9263

Alternate:

Ms. TaShonna Gordon Contracting Officer 201 East Winters Street, Bldg. 50 Scott AFB, IL 62225‐5015 E‐mail: tashonna.gordon@us.af.mil Phone: 618‐256‐9308

This is for informational and planning purposes only. All information submitted is voluntary. The government will not pay for information gathered as a result of this notice.

CLAUSES INCORPORATED BY REFERENCE:

FAR 52.204‐9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204‐7 System for Award Management (Oct 2018) FAR 52.204‐13 System for Award Management Maintenance (Oct 2018) FAR 52.204‐18 Commercial and Government Entity Code Maintenance (Jul 2016) FAR 52.204‐19 Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.204‐23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) FAR 52.209‐10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) FAR 52.212‐4 Contract Terms and Conditions – Commercial Items (Oct 2018) FAR 52.219‐6 Notice of Total Small Business Set‐Aside (Nov 2011) FAR 52.219‐28 Post‐Award Small Business Program Representation (Jul 2013) FAR 52.222‐3 Convict Labor (Jun 2003) FAR 52.222‐21 Prohibition of Segregated Facilities (Apr 2015) FAR 52.222‐26 Equal Opportunity (Sep 2016) FAR 52.222‐36 Equal Opportunity for Workers With Disabilities (Jul 2014) FAR 52.222‐41 Service Contract Labor Standards (Aug 2018) FAR 52.222‐50 Combating Trafficking in Persons (Mar 2015) FAR 52.222‐55 Minimum Wages Under Executive Order 13658 (Dec 2015) FAR 52.223‐18 Encouraging Contractor Policies to ban Text Messaging while Driving (Aug 2011) FAR 52.225‐13 Restrictions on Certain Foreign Purchases (Jun 2008) FAR 52.232‐33 Payment by Electronic Funds Transfer – System for Award Management (Oct 2018) FAR 52.232‐39 Clause for Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232‐40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.233‐3 Protest After Award (Aug 1996) FAR 52.233‐4 Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.247‐34 F.O.B. Destination (Nov 1991) FAR 52.253‐1 Computer Generated Forms (Jan 1991) DFARS 252.203‐7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) DFARS 252.203‐7002 Requirements to Inform Employees of Whistleblower Rights (Sep 2013) DFARS 252.204‐7003 Control of Government Personnel Work Product (Apr 1992) DFARS 252.204‐7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(OCT 2016)

DFARS 252.204‐7015 Notice of Authorized Disclosure of Information For Litigation Support (May 2016) DFARS 252.225‐7001 Buy American Act and Balance of Payments Program (Dec 2017) DFARS 252.225‐7002 Qualifying Country Sources as Subcontractors (Dec 2017) DFARS 252.225‐7048 Export Controlled Items (Jun 2013) DFARS 252.232‐7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) DFARS 252.232‐7006 Wide Area Workflow Payment Instructions (December 2018) DFARS 252.232‐7010 Levies on Contract Payments (Dec 2006) DFARS 252.243‐7001 Pricing of Contract Modifications (Dec 1991) DFARS 252.244‐7000 Subcontracts for Commercial Items (Jun 2013) DFARS 252.247‐7023 Transportation of Supplies by Sea (Apr 2014) DFARS 252.247‐7024 Notification of Transportation of Supplies by Sea (Mar 2000)

AFFARS 5352.223‐9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (Nov 2012) AFFARS 5352.223‐9001 Health and Safety on Government Installations (Nov 2012)

CLAUSES INCORPORATED BY FULL TEXT:

FAR 52.212‐5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders‐‐Commercial Items

(Deviation 2013‐O0019) (Oct 2019)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215‐2, Audit and Records ‐‐ Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219‐8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222‐17.

(iv) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222‐26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vi) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222‐62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(ix) 52.222‐37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐40.

(xi) 52.222‐41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) ____ (A) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (B) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐‐Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐‐Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222‐54, Employment Eligibility Verification (Oct 2015).

(xvi) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvii) 52.222‐62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) (A) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224‐3.

(xix) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

(xxi) 52.247‐64, Preference for Privately‐Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐ 64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

FAR 52.222‐42 ‐‐ Statement of Equivalent Rates for Federal Hires.

Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage ‐‐ Fringe Benefits

23380 Ground Support Equipment Mechanic $31.09 per hour plus 36.25% estimate for fringe benefits

(End of Clause)

FAR 52.252‐2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

AFFARS 5352.201‐9101 Ombudsman

Ombudsman (Oct 2019)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee‐ employer actions, contests of OMB Circular A‐76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Ms. Susan R.

Madison, AFICA KMP, 507 Symington Drive, Scott AFB IL 62225‐5022, (618) 229‐0267, fax (618) 256‐6668 email: Susan madison@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330‐1060, phone number (571) 256‐2395, facsimile number (571) 256‐2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

AFFARS 5352.242‐9000 Contractor Access to Air Force Installations

Contractor Access to Air Force Installations (Oct 2019)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor‐furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following:

contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license in accordance with the REAL ID Act, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass. Credentials MUST comply with the REAL ID Act requirements listed below.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31‐101, Integrated Defense, and AFI 31‐501, Personnel Security Program Management.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

Real ID Act

REAL ID ACT INFORMATION SHEET

Passed by Congress in 2005, the REAL ID Act enacted the 9/11 Commission's recommendation that the Federal Government "set standards for the issuance of sources of identification, such as driver's licenses." The Act established minimum security standards for state‐issued driver's licenses and identification cards and prohibits Federal agencies from accepting for official purposes licenses and identification cards from states that do not meet these standards.

The following states/territories has an extension for REAL ID enforcement, allowing Federal agencies to accept driver's licenses and identification cards from at Federal facilities and nuclear power plants until

28 Feb 2020 N. Marianas

7 Aug 2020 Oregon

18 Sep 2020 Oklahoma

Under Review New Jersey A. Samoa

The following states/territories are compliant with the REAL ID Act.

Alabama Arizona Arkansas Colorado Connecticut Delaware DC Florida Georgia Hawaii Indiana Iowa Kansas Louisiana Maryland Michigan Mississippi Nebraska Nevada New Mexico New York N. Carolina Ohio S. Dakota Tennessee Texas Utah Vermont West Virginia Wisconsin Wyoming S. Carolina Idaho N. Dakota Puerto Rico Washington N. Hampshire Massachusetts Guam Virginia Minnesota Illinois Virgin Islands California Rhode Island Alaska Montana Missouri Pennsylvania Kentucky Maine

Below are acceptable forms of identification for identity proofing for access to Scott AFB if you do not have an Enhanced Driver’s License:

- United States Passport or Passport Card, not expired

- Driver’s License or other state photo ID card issued by DMV or equivalent, IAW REAL ID enforcement schedule

- An ID card issued by Federal, State or local government agencies with the all the required REAL ID Act information

- Personal Identification Verification (PIV) card issued by Federal Government

- Veterans Health Identification Card issued by U.S. Department of Veterans Affairs

- Interoperable (PIV-I) cards issued by No-Federal Government entities

- Certificate of Naturalization/ Certificate of Citizenship (form N-550)

- Permanent Resident Card/Alien Registration Receipt Card (Form I-551)

- DHS “Trusted Traveler” Cards (Global Entry, NEXUS, SENTRI, FAST)

- Border Crossing Card (Form DSP-150)

- An employment authorization document that contains a photograph (Form I-766)

- U.S. Coast Guard Merchant Mariner Cards Credentials

- U.S. Permanent Resident Card (Form I-551)

- U.S. Refugee travel document or other travel document or evidence of immigration status issued by DHS containing a photograph

- A Foreign Government Issued Passport

- US Military ID (including retirees and dependents)

- Transportation Worker Identification Credential (TWIC)

Please contact Pass and Registration at 256-3020/2008 if you have any questions or need additional information.

PROVISIONS INCORPORATED BY REFERENCE:

FAR 52.204‐7 System for Award Management (Oct 2018) FAR 52.204‐16 Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.204‐22 Alternative Line Item Proposal (Jan 2017) FAR 52.212‐1 Instructions to Offerors—Commercial Items (Oct 2018) FAR 52.225‐25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Aug 2018) DFARS 252.203‐7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011) DFARS 252.204‐7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) DFARS 252.213‐7000 Notice to Prospective Suppliers on the Use of Past Performance Information Retrieval System—

Statistical Reporting in Past Performance Evaluations (Mar 2018)

PROVISIONS INCORPORATED BY FULL TEXT:

FAR 52.209‐2—Prohibition on Contracting with Inverted Domestic Corporations—Representation

Prohibition On Contracting With Inverted Domestic Corporations‐‐Representation (Nov 2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209‐10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108‐2(b) applies or the requirement is waived in accordance with the procedures at 9.108‐4.

(c) Representation. The offeror represents that—

(1) It { } is, { } is not an inverted domestic corporation; and

(2) It { } is, { } is not a subsidiary of an inverted domestic corporation.

(End of provision)

FAR 52.212‐2 ‐‐ Evaluation ‐‐ Commercial Items.

Evaluation ‐‐ Commercial Items (Oct 2014)

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. For this acquisition, the following factors shall be used to evaluate offers: Price and capability to meet the requirement of this acquisition.

Evaluation of quotes will be conducted using Simplified Acquisition Procedures in accordance with FAR Part 13.106‐2.

FAR 52.212‐3 ‐‐ Offeror Representations and Certifications ‐‐ Commercial Items.

Offeror Representations and Certifications ‐‐ Commercial Items (Dec 2019)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision‐‐

“Economically disadvantaged women‐owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women‐owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil‐related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110‐174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

“Women‐owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women‐owned small business concern” means a small business concern ‐‐

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women‐owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

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

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

(1) Buy American ‐‐ Free Trade Agreements ‐‐ Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225‐ 3, Buy American ‐‐ Free Trade Agreements ‐‐ Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off‐the‐shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American‐‐Free Trade Agreements‐‐Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225‐3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

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:

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225‐5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.‐made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.‐made or designated country end products.

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.‐made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.‐made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

(2) [_] Have, [_] have not, within a three‐year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

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

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

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

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

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

(ii) Examples.

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

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