Draft_RFP_27_June.docx

FA4890-16-R-0031

Section SF 1449 - CONTINUATION SHEET

OEM Parts

FFP

Automotive, truck and bus replacement parts obtainable only from the original equipment manufacturer (OEM). The contractor shall provide OEM parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

FOB: Destination

NET AMT

Special Purpose Parts

Special purpose vehicle and equipment replacement parts obtainable only from the OEM. The contractor shall provide special purpose vehicle parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

Rebuilt Parts

The contractor shall provide rebuilt parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

Aftermarket Parts

The contractor shall provide aftermarket parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

Automotive Batteries and Tires

The contractor shall provide new automotive batteries and tires IAW SOW 1.7 and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

Tools

The contractor shall provide new tools IAW SOW 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

Automotive Corrosion Control Material

The contractor shall provide automotive corrosion control material IAW SOW 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

Shipping/Packing Costs

COST

All shipping must be done IAW 1.11 in the SOW. Costs will be reimbursed exclusive of fee or any other burdens.

ESTIMATED COST

Non-Price Listed (NPL) Parts

COST

The contractor shall provide items as required by the Government, that are not included in CLINS 0001-0007 IAW SOW 1.13. Costs will be reimbursed exclusive of fee or any other burdens.

ESTIMATED COST

Service Charge

Fixed service charge to compensate the contractor for NPL purchases.

NET AMT

FFP

Automotive, truck and bus replacement parts obtainable only from the original equipment manufacturer (OEM). The contractor shall provide OEM parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

Special purpose vehicle and equipment replacement parts obtainable only from the OEM. The contractor shall provide special purpose vehicle parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide rebuilt parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide aftermarket parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide new automotive batteries and tires IAW SOW 1.7 and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide new tools IAW SOW 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

The contractor shall provide automotive corrosion control material IAW SOW 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

COST

All shipping must be done IAW 1.11 in the SOW. Costs will be reimbursed exclusive of fee or any other burdens.

ESTIMATED COST

COST

The contractor shall provide items as required by the Government, that are not included in CLINS 1001-1007 IAW SOW 1.13. Costs will be reimbursed exclusive of fee or any other burdens.

ESTIMATED COST

FFP

NET AMT

FFP

Automotive, truck and bus replacement parts obtainable only from the original equipment manufacturer (OEM). The contractor shall provide OEM parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

Special purpose vehicle and equipment replacement parts obtainable only from the OEM. The contractor shall provide special purpose vehicle parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide rebuilt parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide aftermarket parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide new automotive batteries and tires IAW SOW 1.7 and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide new tools IAW SOW 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide automotive corrosion control material IAW SOW 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

COST

All shipping must be done IAW 1.11 in the SOW. Costs will be reimbursed exclusive of fee or any other burdens.

ESTIMATED COST

COST

The contractor shall provide items as required by the Government, that are not included in CLINS 2001-2007 IAW SOW 1.13. Costs will be reimbursed exclusive of fee or any other burdens.

ESTIMATED COST

FFP

NET AMT

FFP

Automotive, truck and bus replacement parts obtainable only from the original equipment manufacturer (OEM). The contractor shall provide OEM parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

Special purpose vehicle and equipment replacement parts obtainable only from the OEM. The contractor shall provide special purpose vehicle parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide rebuilt parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide aftermarket parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide new automotive batteries and tires IAW SOW 1.7 and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide new tools IAW SOW 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide automotive corrosion control material IAW SOW 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

COST

All shipping must be done IAW 1.11 in the SOW. Costs will be reimbursed exclusive of fee or any other burdens.

ESTIMATED COST

COST

The contractor shall provide items as required by the Government, that are not included in CLINS 3001-3007 IAW SOW 1.13. Costs will be reimbursed exclusive of fee or any other burdens.

ESTIMATED COST

FFP

NET AMT

FFP

Automotive, truck and bus replacement parts obtainable only from the original equipment manufacturer (OEM). The contractor shall provide OEM parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

Special purpose vehicle and equipment replacement parts obtainable only from the OEM. The contractor shall provide special purpose vehicle parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide rebuilt parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide aftermarket parts IAW SOW 1.4, 1.6.1, and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide new automotive batteries and tires IAW SOW 1.7 and 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide new tools IAW SOW 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

FFP

The contractor shall provide automotive corrosion control material IAW SOW 1.14. Price shall be determined IAW the proposed/incorporated discounts in Attachment 2 - ICOPARS Bid Schedule.

NET AMT

COST

All shipping must be done IAW 1.11 in the SOW. Costs will be reimbursed exclusive of fee or any other burdens.

ESTIMATED COST

COST

The contractor shall provide items as required by the Government, that are not included in CLINS 4001-4007 IAW SOW 1.13. Costs will be reimbursed exclusive of fee or any other burdens.

ESTIMATED COST

FFP

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-MAR-2018

JEFF PARK

HQ USCENTAF A4 LGSB

524 SHAW DR BLDG 1130 STE B29

SHAW AFB SC 29152-0000

F3UTA4

30-MAR-2018

F3UTA4

30-MAR-2018

F3UTA4

30-MAR-2018

F3UTA4

30-MAR-2018

F3UTA4

30-MAR-2018

F3UTA4

30-MAR-2018

F3UTA4

30-MAR-2018

F3UTA4

30-MAR-2018

F3UTA4

30-MAR-2018

F3UTA4

30-MAR-2019

F3UTA4

30-MAR-2019

F3UTA4

30-MAR-2019

F3UTA4

30-MAR-2019

F3UTA4

30-MAR-2019

F3UTA4

30-MAR-2019

F3UTA4

30-MAR-2019

F3UTA4

30-MAR-2019

F3UTA4

30-MAR-2019

F3UTA4

30-MAR-2019

F3UTA4

30-MAR-2020

F3UTA4

30-MAR-2020

F3UTA4

30-MAR-2020

F3UTA4

30-MAR-2020

F3UTA4

30-MAR-2020

F3UTA4

30-MAR-2020

F3UTA4

30-MAR-2020

F3UTA4

30-MAR-2020

F3UTA4

30-MAR-2020

F3UTA4

30-MAR-2020

F3UTA4

30-MAR-2021

F3UTA4

30-MAR-2021

F3UTA4

30-MAR-2021

F3UTA4

30-MAR-2021

F3UTA4

30-MAR-2021

F3UTA4

30-MAR-2021

F3UTA4

30-MAR-2021

F3UTA4

30-MAR-2021

F3UTA4

30-MAR-2021

F3UTA4

30-MAR-2021

F3UTA4

30-MAR-2022

F3UTA4

30-MAR-2022

F3UTA4

30-MAR-2022

F3UTA4

30-MAR-2022

F3UTA4

30-MAR-2022

F3UTA4

30-MAR-2022

F3UTA4

30-MAR-2022

F3UTA4

30-MAR-2022

F3UTA4

30-MAR-2022

F3UTA4

30-MAR-2022

F3UTA4

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-2 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)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 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 appeal rights.

(ii) 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. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) 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. The following factors shall be used to evaluate offers:

See Addendum to 52.212-2 for the significant evaluation factors to be used in this Source Selection and their relative importance

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

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

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

Veteran-owned small business concern means a small business concern--

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

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

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

"Women-owned small business concern" means a small business concern--

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (r) 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 ORCA.]

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

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

(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 to paragraphs (c)(8) and (9): 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…