FA5270-15-Q-A033_(24_Jun_2015).docx

FA5270-15-Q-A033

Combined Synopsis/Solicitation For Continuous Batch Washer

FA5270-15-Q-A033

Presolicitation/Solicitation for Continuous Batch Washer System for Camp Kinser, Okinawa, Japan NOTICE TO OFFEROR(S)/SUPPLIER(S): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, 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.

1. This is a combined synopsis/solicitation for commercial items and services prepared in accordance with the format in Subpart 12.6 utilizing the Simplified Acquisition Procedures (SAP) under FAR Part 13.5, Test Program for Certain Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This announcement is from the 18th Contracting Squadron, Unit 5199, Bldg 95, APO, AP 96368-5199. All responsible sources may submit a quote.

2. The combined synopsis/solicitation number is FA5270-15-Q-A033 and is being issued as a Request for Quotation. The Government contemplates an award of a Firm Fixed Priced purchase order resulting from this solicitation.

3. This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-81, 10 Apr 2015, DPN 20150226, 26 February 2015, AFAC 2015-0406, 06 April 2015.

4. This acquisition is a full and open competition in regards to size standards. The applicable North American Industry Classification System (NAICS) code is 333318 Other Commercial and Service Industry Machinery Manufacturing.

5. Contract line item number(s) table;

0002: Removal/Installation and Training by Contractor *Removed equipment and related parts will remain property of the Government.

6. Descriptions of requirements are as follows: Continuous Batch Washer and Rail System to include dismantling of the existing system and installation in accordance with (IAW) attachment 1, the specifications, and attachment 3, Performance Work Statement (PWS).

7. Delivery and Installation Term, all items will be shipped door-to-door to building 706, Camp Kinser, Okinawa, Japan within 90 days from date of award. Shipping and installation costs shall be included in the line item. The contractor will be notified once the equipment arrives at Camp Kinser. The contractor will then have 30 days to begin installation. The contractor will have 60 days to complete installation, perform startup and conduct training. Contractors outside of the continental U.S. should include proposed method of shipping to Okinawa Japan in their offer. Delivery Schedule: FOB Destination to Building # 706 Camp Kinser, Gusukuma, Urasoe City, Okinawa Japan 901-2133.

8. The provision at FAR 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition as does its addenda. The Government will award a single purchase order contract resulting from this RFQ to the responsible offeror whose offer is technically acceptable and represents the best value in terms of price to the government.

9. The provision at FAR 52.212-2, Evaluation – Commercial Items, will be used to evaluate offerors.

10. Offerors must complete the provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, and submit with quote.

11. Clause 52.212-4, Contract Terms and Conditions – Commercial Items, and its addenda applies to this acquisition.

12. Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition. This clause is incorporated by full-text and designates additional clauses that apply.

13. The offeror shall provide the standard commercial warranty for the batch washer system.

14. A site visit shall be coordinated. Once coordinated, interested parties will meet on the determined date at, Gate 1, Camp Kinser, Okinawa, Japan. Please review and complete attachment 4, Site Visit Reservation Form and email to veronica.guerrero@us.af.mil with your response to this solicitation. Submission of the Site Visit Reservation conveys that the contractor wishes to attend the site visit held on Camp Kinser, Okinawa, Japan. The site visit is not mandatory to submit a quote however, it is strongly encouraged.

15. All questions should be directed to SSgt Veronica Guerrero at veronica.guerrero@us.af.mil. Questions must be received no later than 04:00 PM JST, 27 July 2015. Offers for this requirement are due no later than 04:00 PM JST, 3 August 2015. It is the vendor's responsibility to monitor the FedBizOps site for amendments issued in reference to this requirement. All Contractors who provide goods/services to the DOD must be registered in the SYSTEM FOR AWARD MANAGEMENT (SAM). Online Certifications and Representations are also required. Failure to comply with SAM registration may deem offeror ineligible for award. All quotes must remain valid until 30 September 2015.

The following provisions and clauses to include addenda shall apply:

The following clauses/provisions are incorporated by reference:

1. FAR 52.203-3 Gratuities (Apr 1984)

2. FAR 52.212-1 Instructions to Offerors--Commercial Items(Apr 2014)

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

4. DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011)

5. DFARS 252.204-7007 Alternate A, Annual Representations and Certifications (Jan 2015)

6. DFARS 252.204-7011 Alternative Line Item Structure (Sep 2011)

7. DFAR 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (Nov 2013)

8. DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (Dec 1991)

9. DFARS 252.215-7008 Only One Offer (Oct 2013)

10. DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013)

11. DFARS 252.225-7010 Commercial Derivative Military Article – Specialty Metals Compliance Certificate (Jul 2009)

12. DFARS 252.225-7012 Preference for Certain Domestic Commodities (Feb 2013)

13. DFARS 252-225-7021 Trade Agreements (Oct 2013)

14. DFARS 252.225-7993 Prohibition on Contracting with the Enemy (Deviation 2014-O0020)(Sep 2014)

15. DFARS 252.232-7003 Electronic Submission of Payments (Jun 2012)

16. DFARS 252.232-7010 Levies on Contract Payments (Dec 2006)

17. DFARS 252.244-7000 Subcontracts for Commercial Items (Jun 2013)

18. DFARS 252.247-7023 Transportation of Supplies by Sea (Apr 2014)

A reference to these provisions and clauses can be downloaded at http://farsite.hill.af.mil

The following clauses and provisions are incorporated by full text.

FAR 52.209-7 -- Information Regarding Responsibility Matters. (Jul 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 proceeding 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).

(End of provision) Addenda to FAR 52.212-1 Instructions to Offerors - Commercial Items (April 2014)

(a) Paragraph 52.212-1(c), Period for Acceptance of Offers, is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.”

(b) The following is inserted as new paragraph (m) of the provision:

(m) Quote Preparation Instructions.

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts; Part I - Summary and Miscellaneous Data, Part II - Price Quote, and Part III - Technical Quote.

B. Specific Instructions:

1. PART I – SUMMARY AND MISCELLANEOUS DATA. Submit original plus one (1)copy.

(a) The offeror shall provide a concise summary and master table of contents of the entire proposal.

(b) Combined Synopsis/Solicitation. Complete all necessary fill-ins. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation.

(c) Complete the necessary fill-ins and certifications in provisions and in the on-line Representations and Certifications at www.sam.gov. Return the provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, along with the proposal. For other provisions and clauses in the solicitation, the offeror is required to submit the pages that require an offeror fill-in.

(d) Submit an acknowledgment of the all solicitation amendments, if issued.

2. PART II – PRICE QUOTE - Submit original plus one (1) copy.

(a) Insert proposed unit price(s) and extended amount(s) in item 5, Contract Line Item Number(s) Table for each Contract Line Item Number (CLIN). The extended amount must equal the unit price multiplied by the number of units. It is imperative that mathematical calculations are correct; particular care should be taken to ensure the amounts match when using the EXCEL program and the rounding of figures, limited to two decimal places.

(b) Extreme care should be exercised to ensure that no price data of any kind are included in any other Part of the proposal.

3. PART III – TECHNICAL QUOTE - Limited to no more than fifty (50) pages. Submit original plus one (1) copy.

Subfactor 1 –CBW Specification Contractor must meet the CBW Specification stated in attachment one (1) of this solicitation. Must provide one copy of company’s specifications of offered product.

Subfactor 2 –CBW Floor Layout Contractor must be able to install the necessary machinery within the guidelines of the floor layout provided in attachment two (2) of this solicitation. Must provide one copy of company’s proposed floor layout.

C. Documents submitted in response to this RFQ must be consistent with the following:

1. Requirements of the solicitation (CLINs and PWS) and government standards and regulations pertaining to the PWS.

2. FAR 52.212-2, Evaluation – Commercial Items, of this solicitation.

3. If a Part in a quote exceeds the specified page limit cited in the Part Content, the excessive pages will not be evaluated.

4. Format for quote Parts I, II, and III shall be as follows:

(a) The quotes will be on 8 1/2” x 11” paper, except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”. Measurements may be or equal metric measurements.

(b) A page is defined as one face of a sheet of paper containing information. Two pages may be printed on one sheet of paper.

(c) All printing shall be single-spaced. Spacing characteristics are applicable to charts and graphs.

(d) Typing shall not be less than 10 pitch. Size of print is applicable to charts and graphs.

(e) Page margins shall be a minimum of 1 inch top, bottom, and each side.

(f) In addition to the paper copies specified for each Part, one electronic copy of each Part of the entire offer must be submitted. Both versions shall be submitted before closing date and time of solicitation. The electronic version of the proposal shall be submitted in a format readable by Microsoft Office 2007 which includes software programs such as WORD, EXCEL, or PowerPoint. For those pages of the proposal that cannot be submitted using Microsoft Office, such as the Standard Form 1449, offerors shall include those pages electronically using Adobe Acrobat portable document files (.pdf) format. The Price Part shall be submitted in spreadsheet format, such as EXCEL, and MS WORD for price narrative. The electronic version shall be submitted on a compact disc (CD). USB flash drives, floppy disks, and zip disks are not acceptable.

Indicate on each CD the Part number and title. The paper copies and electronic versions shall be identical in all respects. In the event there are any discrepancies between the paper copies and electronic copies, the paper copies take precedence and will be used for evaluation. Ensure the electronic documents stored on the CD can be opened. Use separate files and folders to permit rapid location of all portions, including exhibits and attachments, if any. Replacement CDs will be required to update the final proposal resulting from any discussions and updates, if applicable.

(h) Offerors can also submit electronic copies of proposals via e-mail, but shall be submitted before closing date and time of solicitation. Files are not to exceed 8 MB. By submitting an electronic copy, offerors assume all risk of proposals not getting through security measures and firewalls. Only files created using Microsoft WORD, Microsoft EXCEL, and/or Adobe .pdf files will be accepted. No zip files will be accepted. If submitting proposals electronically, email the file(s) by the solicitation closing date and time to the following email address: [veronica.guerrero@us.af.mil.]

(i) Each Part shall be complete in itself and shall not reference information contained in other Parts. Page 1 of a Part is defined as the first page after the Table of Contents. All pages shall be numbered.

(j) Price data of any kind shall be presented only in the Price Quote Part.

(k) Elaborate formats, bindings, and color presentations are not desired or required.

The following table summarizes the quote submission:

COPY

PAPER

COPY

(File Name: Part I)

II

Price (File Name: Part II)

III

Technical (File Name: Part III)

D. General Information:

1. Information regarding submission of quotes: Hand carried or mailed quotes must be delivered to the following address:

Hand carried to:

18th Contracting Squadron Attn: SSgt Veronica Guerrero Building 99 Kadena, AB, Okinawa, Japan

Emailed to:

SSgt Veronica Guerrero veronica.guerrero@us.af.mil

Mailed to:

18th Contracting Squadron Unit 5199, Bldg 95

APO, AP 96368-5199

2. The sealed envelope or package used to submit your proposal must show the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

3. Offerors are cautioned that Kadena Air Base has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE EXPECTED WHEN HAND-CARRYING PROPOSALS. Offerors should allow sufficient time to obtain a visitor pass and arrive at building 99 prior to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.215-1(c)(3),“Submission, modification, revision, and withdrawal of proposals.”

4. FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this base:

New Year’s Day 1 January Birthday of Martin Luther King Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

(End of Addenda)

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 will be used to evaluate offers:

(1) Price

(2) Technical

(b) 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, will result in a binding contract after evaluation of the quotes. Before the offer's specified expiration time, the government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

Addenda to FAR 52.212-2, Evaluation - Commercial Items

The following is inserted as new paragraph (d) of the provision:

“(d) BASIS FOR CONTRACT AWARD: This is a competitive Lowest Price Technically Acceptable (LPTA) source selection conducted in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 15 and Air Force FAR Supplement (AFFARS) Mandatory Procedure (MP) 5315.3. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors –Commercial Items, the offeror accedes to the terms of this model contract. Failure to meet a requirement may result in an offer being determined unacceptable. Award will be made to the lowest Total Evaluated Price (TEP) offer that meets the acceptability standards for non-price factors. The evaluation process will include the following:

(2) Price Evaluation Factor. The government will rank all offers by Total Evaluated Price or TEP.

The TEP will be determined by adding CLIN 0001 and CLIN 0002.

(3) Technical Evaulation Factor : The proposals will be evaluated against the following subfactor(s):

Subfactor 1 –CBW Specification This subfactor will be rated “acceptable” if the contractor has provided a copy of the company’s specifications of their offered product and it meets our specifications that we provided in the solicitation. If the contractor has not provided a copy, their technical rating will be rated “unacceptable”.

Subfactor 2 –CBW Floor Layout This subfactor will be rated “acceptable” if the contractor has provided a copy of their proposed floor layout. If the contractor has not provided a copy, their technical rating will be rated “unacceptable”.

(4) Offerors are cautioned to submit sufficient information and in the format specified in 52.212-1, Instructions to Offerors – Commercial Items, of this solicitation. Offerors may be asked to clarify certain aspects of their proposals. Exchanges conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision. The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

(5) Award will be made to the lowest priced offer, based on TEP, that meets the acceptability standards for non-price factors.”

(End of Addenda)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015) -- Alternate I (Oct 2014) 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 (p) 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.

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.

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 (p) 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 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) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

(List as necessary)

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

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

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

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

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

[List as necessary]

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

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

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

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

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

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

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

Other End Products:

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

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

(1) The offeror and/or any of its principals ( ___ ) 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 $3,000 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. 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.

(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. 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.

(C) 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.

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

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was…