FA5270-18-Q-A019_-_Revised_16_Mar_18.pdf

RFQ No. FA5270-18-Q-A019

Combined Synopsis/Solicitation for Municipal Solid Waste Collection and Disposal Service, Okinawa, Japan

1. This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 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. The solicitation FA5270-18-Q-A019 is being issued as a Request for Quotation (RFQ). Municipal Solid Waste Collection and Disposal Service on various military locations on Okinawa Japan from 1 May 2018-31 March 2019. This notice and the incorporated provisions and clauses are those in effect through the Federal Acquisition Regulations (FAR). All responsible sources may submit a quotation.

2. This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-97 – 01-24-2018; DPN 20180131 – 31 JAN 2018; and AFAC 2017-1003 – 3 Oct 2017

3. The North American Industry Classification System (NAICS) code is 562111 Solid Waste Collection.

This requirement will be a full and open procurement and will not provide for any socio-economic set asides. Small business size standards are not applicable to this acquisition.

4. Quoters must be registered in the System for Award Management (SAM) at http://www.sam.gov/, in order to be considered for award. A current copy of a prospective awardee’s Reps and Certs will be validated using the SAM website prior to the issuance of an award.

5. For information regarding the service acceptor or point of acceptance, please refer to 252.232-7006 (incorporated by full text) below.

6. The following commercial provisions and clauses are applicable to this acquisition: 52.212-1 along with its addenda, 52.212-2, 52.212-3, 52.212-4, and 52.212-5.

7. The Government intends to issue a single Firm Fixed Priced purchase order to the responsible quoter that meets following factor: Price and Past Performance.

8. All quotations, and/or questions shall be submitted in writing, via email to Ms. Beatrice Muranaka at beatrice.muranaka@us.af.mil. Quotes are due no later than 1200 hours JST (Japan Standard Time) on 5 April 2018. Any potential amendments will be posted in the same fashion as the solicitation.

9. All quotes must remain valid until 31 May 2018.

Contract Line Item Schedule

(Please provide a quote for the line items listed below. Failure to quote on all CLINs will render the quote unacceptable and ineligible for award consideration in the absence of negotiations.)

CLIN SERVICES QTY UNIT

UNIT

PRICE

EXTENDED

PRICE

Kadena O&M Waste Collection Ref: PWS 1.1.1 & 1.1.3 E001: Estimated at 3,350,600 KG Period of Performance: 1 May 2018 thru 31 Mar 2019 1 LO

Kadena MFH MSW Collection Ref: PWS 1.1.2 & 1.1.3 E001: Estimated at 4,239,400 KG Period of Performance: 1 May 2018 thru 31 Mar 2019 1 LO

Camp Courtney MFH MSW Collection Ref: PWS 1.1.2 & 1.1.3 E001: Estimated at 600,600 KG Period of Performance: 1 May 2018 thru 31 Mar 2019 1 LO

Camp McTureus MFH MSW Collection Ref: PWS 1.1.2 & 1.1.3 E001: Estimated at 514,800 KG Period of Performance: 1 May 2018 thru 31 Mar 2019 1 LO

Camp Lester MFH MSW Collection Ref: PWS 1.1.2 & 1.1.3 E001: Estimated at 429,000 KG Period of Performance: 1 May 2018 thru 31 Mar 2019 1 LO

Camp Foster MFH MSW Collection Ref: PWS 1.1.2 & 1.1.3 E001: Estimated at 946,000 KG Period of Performance: 1 May 2018 thru 31 Mar 2019 1 LO

Camp Kinser MFH MSW Collection Ref: PWS 1.1.2 & 1.1.3 E001: Estimated at 1,029,600 KG Period of Performance: 1 May 2018 thru 31 Mar 2019 1 LO

Camp Shields/Chibana MFH MSW Collection Ref: PWS 1.1.2 & 1.1.3 E001: Estimated at 3,190,000 KG Period of Performance: 1 May 2018 thru 31 Mar 2019 1 LO

Kadena O&M E002: Mattress(Single) Pick up& Disposal Estimated: 90 EA Ref: PWS 1.1.3 E003: Mattress(Except Single) Pick up& Disposal Estimated: 140 EA Ref: PWS 1.1.3 E004: Tire Pick up& Disposal Estimated: 250 EA Ref: PWS 1.1.3.1.

E005: Television Pick up& Disposal Service Estimated: 45 EA Ref: PWS 1.1.3.2 Period of Performance: 1 May 2018 thru 31 Mar 2019 1 LO

Military Family Housing E002: Mattress(Single) Pick up& Disposal Estimated: 368 EA Ref: PWS 1.1.3 E003: Mattress(Except Single) Pick up& Disposal Estimated: 322 EA Ref: PWS 1.1.3 E004: Tire Pick up& Disposal Service Estimated: 230 EA Ref: PWS 1.1.3.1.

E005: Television Pick up& Disposal Service Estimated:70 EA Ref: PWS 1.1.3.2 E006: Pet Waste Pick up& Disposal Estimated: 220 EA Ref:1.1.2.3 Period of Performance: 1 May 2018 thru 31 Mar 2019 1 LO

TOTAL

**Note – The estimated listed above represent the estimated maximum quantities to be utilized for this requirement.

Price List per KG/EA*/Unit per Month ** Quoters shall provide a firm-fixed price. Fully burdened price per KG/ EA/unit per Month as identified in the below. The prices per KG/EA/unit per month will be utilized for acceptance and certification of invoices

Item Number Description Unit Price Unit of Issue

E001 Municipal Solid Waste (MSW) kg

E002 Mattress(Single) Pick up& Disposal Service Ref: PWS 1.1.3 Ea*

E003

Mattress(Except Single) Pick up& Disposal Service Ref: PWS 1.1.3 Ea*

E004 Tire Pick up& Disposal Service Ref: PWS 1.1.3.1. Ea*

E005 Television Pick up& Disposal Service Ref: PWS 1.1.3.2 Ea*

E006 Pet Waste Pick up& Disposal Ref:1.1.2.3

Per unit per month

*EA means each pick-up and disposal service of the item in E002 –E005.

Quoter Information Sheet

Responses to requested information below shall be printed, and this completed questionnaire shall be included in the quote.

Company Name: ____________________________________________________

Business Address (including city, state, zip code):

Name of Primary Contact:

Email Address of POC: _______________________________________________________________________

Office & Cell Phone Numbers:__________________________________________________________________

Dun & Bradstreet (DUNS) Number: _____________________________________________________________

Cage Code: __________________________________________________________________________________

Business Size:_________________________________________________________________________________

Certification of SAM registration: YES _____OR NO_______

Provisions and Clauses Incorporated by Reference/Full Text

The following FAR/DFARS/AFFARS provisions and clauses are applicable to this solicitation: It is the contractor’s responsibility to be familiar with applicable clauses and provisions. Clauses and provisions can be found at: http://farsite.hill.af.mil (For full text references, go to the link above.)

52.203 52.203-3

Improper Business Practices Provisions and Clauses Gratuities

APR 1985

APR 1984

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 52.212-5 52.203-12

52.204-4

52.204-9 52.204-12 52.204-18 52.215-21

52.222-26 52.222-29 52.222-56

Contract Terms and Conditions--Commercial Items Contract Terms and Conditions Required to Implement Limitation on Payments to Influence Certain Federal Transactions Printed or Copied Double-Sided on Postconsumer Fiber Content Paper Personal Identity Verification of Contractor Personnel Unique Entity Identifier Maintenance Commercial and Government Entity Code Maintenance Requirements for Certified Cost or Pricing Data and Data other Than Certified Cost or Pricing Data Equal Opportunity Notification of Visa Denial Certification Regarding Trafficking in Persons Compliance Plan

JAN 2017

NOV 2017

OCT 2010

MAY 2011

JAN 2011

OCT 2016

JUL 2016

OCT 2010

SEP 2016

APR 2015

MAR 2015

52.223-17

52.228-3

Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts Workers’ Compensation Insurance (Defense Base Act)

MAY 2008

JUL 2014

52.225-14

52.225-25

Inconsistency Between English Version and Translation of Contract Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification

FEB 2000

OCT 2015

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.229-6 52.232-40

52.233-1

Taxes, Foreign Fixed Price Contracts Providing Accelerated Payments to Small Business Sub- Contractors Dispute

FEB 2013

DEC 2013

MAY 2014

52.242-13 252.201-7000

Bankruptcy Contracting Officer's Representative

JUL 1995

DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 252.203-7005

Requirement to Inform Employees of Whistleblower Rights Representation Relating to Compensation of Former DoD Officials

SEP 1999

NOV 2011

252.204-7003 252.204-7008 252.204-7011 252.204-7012

Control of Government Personnel Work Product Compliance with Safeguarding Covered Defense Info Controls Alternative Line Item Structure Safeguarding Covered Defense Information and Cyber Incident Reporting

SEP 1999

OCT 2016

SEP 2011

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.209-7002 252.215-7007 252.216-7004

252.222-7002 252.225-7031 252.229-7001 5352.223-9000

5352.223-9001

Disclosure of Ownership or Control by a Foreign Government Notice of Intent to Resolicit Award Fee Reduction or Denial for Jeopardizing the Health Or Safety of Government Personnel Compliance With Local Labor Laws (Overseas) Secondary Arab Boycott of Israel Tax Relief Elimination of Use of Class 1 Ozone Depleting Substances

(ODS)

Health and Safety on Government Installations

JUN 2010

JUN 2012

SEP 2011

JUN 1997

JUN 2005

SEP 2014

NOV 2012

NOV 2012

252.222-7007 252.223-7006

252.223-7008 252.225-7012 252.225-7041

Representation Regarding Combating Trafficking in Persons Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Waste Prohibition of Hexavalent Chromium Preference for Certain Domestic Commodities Correspondence in English

JAN 2015

SEP 2014

JUN 2013

DEC 2017

JUN 1997

252.225-7042 252.225-7050

Authorization to Perform Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

APR 2003

OCT 2015

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.229-7000 252.232-7003

Invoices Exclusive of Taxes or Duties Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 252.243-7002

Choice of Law (Overseas) Requests for Equitable Adjustment

DEC 2012

252.244-7000 252.247-7023

Subcontracts for Commercial Items Transportation of Supplies by Sea

JUN 2013

APR 2014

The following provisions and clauses are incorporated by full text.

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)

SERV-ADD52.212-1

Addenda to FAR 52.212-1 Instructions to Offerors - Commercial Items (January 2017)

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

“(m) Quote Preparation Instructions.

(1) QUOTE PREPARATION INSTRUCTIONS

(i) To assure timely and equitable evaluation of the quote, the offeror must follow the instructions contained herein. Quoters 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 sub factors.

Failure to meet a requirement may result in an offer being ineligible for award. Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

(ii) The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial quote, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost or pricing information will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists quoters may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and completeness of the price.

(2) SPECIFIC INSTRUCTIONS

(i) PRICE

(1) Insert unit and extended prices in the unit price and total price blank in the Schedule of

Supplies/Services for each Contract Line Item Number (CLIN). The extended amount must equal the unit price multiplied by the number of units. Insert unit prices in the unit price blank in the Price List per KG/EA*/Unit per Month.

(ii) LICENSING REQUIREMENT

(1) Any contract resulting from this solicitation will be awarded and performed in its entirety in the country of Japan. Contractors must be duly authorized to operate and conduct business in Japan, and must fully comply with all laws, decrees, labor standards, and regulations of Japan during the performance of the contract. Offerors must be registered to do business in Japan. As such, the offeror shall submit a copy of their Japanese Business License. Failure to do so may result in a determination of the vendor to be non-responsible.

(End of Addendum)

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

(a) The Government will award a contract resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

(1) Past/Present Performance

(2) Price

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

(End of provision)

ADDENDUM 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 Acceptable Performance (LPAP) source selection conducted in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13, Department of Defense (DoD) FAR Supplement Procedures, Guidance and Information Part 213, and Air Force FAR Supplement (AFFARS) Part 13. By submission of its quote in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Quoters – Commercial Items, the quoter 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 Price offer that meets the acceptability standards for non-price factors. The evaluation process will include the following:

(1) Past Performance. The Government will seek recent and relevant performance information on all quoters based on the data independently obtained from other Government or commercial sources.

Recent performance information includes relevant contracts performed for the Department of Defense, Government of Japan, US Government agencies, and commercial customers within the last three (3) years from the issuance date of the solicitation.

Relevant performance includes performance of efforts involving the performance of Municipal Solid Waste Disposal efforts that are similar in scope, magnitude, and complexity to the effort described in this solicitation.

The past performance evaluation is an assessment of the quoter’s probability of meeting the solicitation requirements. Quoters must receive a past performance rating of “Acceptable” to be eligible for award. For offerors in a teaming arrangement where two or more companies form a partnership or joint venture (JV), the following will apply: (i) for a JV at least one partner must be rated “Acceptable;” and (ii) for prime-subcontractor(s) partnerships, the prime must be rated “Acceptable” in order for the partnership to be rated “Acceptable” as a whole

Past Performance Ratings Rating Description

Acceptable Based on the quoter’s performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter’s performance record is unknown.

Unacceptable Based on the quoter’s performance record, the Government does not have a reasonable expectation that the quoter will be able to successfully perform the required effort.

Note: In the case of an quoter without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating cannot be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the quoter shall be determined to have an unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral shall be considered “acceptable.”

(2) Price Evaluation Factor. The government will rank all quotes by TEP. Price analysis will be conducted in a manner consistent with FAR 13.106-3(a) in order to determine that the price is fair and reasonable. Quote will be analyzed for errors, omissions, and mistakes. The government reserves the right to perform price realism analysis in accordance with FAR 15.404-1(g).

The quoter’s total quoted price will be determined by multiplying the estimated quantities by the unit price of E0001-E0006 for each Contract Line Item Number (CLIN) to confirm the extended total amount for each CLIN; the sum of all extended amounts will be the quoter’s total quoted price.

Quoters are cautioned to submit sufficient information and in the format specified in the FAR 52.212-1 and/or its addendum. Quoters may be asked to clarify certain aspects of their quote (for example: the relevance of past performance information) or respond to adverse past performance information to which the quoter has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication 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 offer revision.

The Government intends to award contract without discussions with respective quoters. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

(End of Addendum)

252.247-7022 Representation of Extent of Transportation by Sea. (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term “supplies” is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it—

_____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

_____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

52.212-3 Offeror Representations and Certifications -- Commercial Items (NOV 2017)

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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

____ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(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.