H92239-14-T-0007.pdf
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- Attached to
- Field Feeding Training Federal contract opportunity
- Solicitation number
- H92239-14-T-0007
- Issued by
- United States Special Operations Command
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SEE ADDENDUM
(No Collect Calls)
H92239-14-T-0007 11-Jul-2014
b. TELEPHONE NUMBER
910-432-3781
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 12 Aug 2014
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
H922399. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ANDRE DICKSON
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
W36B5W43400008
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
WOMEN-OWNED SMALL
BUSINESS (WOSB)
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
HQ US ARMY SPECIAL OPERATIONS CMD, DCSAC
ATTN: AOCO (CONTRACTING)
BLDG E-2929
DESERT STORM DRIVE
FORT BRAGG NC 28310
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
910-432-9345FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
SIZE STANDARD:
$10.0 M
NAICS:
611699
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF44
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
H92239-14-T-0007
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 6 Each Abattoir Training Course
FFP
Six (6) individual courses, 5 days in length, estimate of 12 students per course In-
Accordance-With (IAW) Abattoir Statement of Work.
MINIMUM QUANTITY: 4
FOB: Destination
PURCHASE REQUEST NUMBER: W36B5W43400008
MARK SHIPMENT FOR: W36B5W32116015
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 25 Students Surge- student
FFP
One (1) student, attending One (1) individual course five (5) days in length- not to exceed 25 students.
Surge- student CLIN shall be utilized to support "Abattoir Training Course" when greater than 12 students only.
UNIT UNIT PRICE MAX AMOUNT
1001 6 Each OPTION Abattoir Training Course
FFP
Six (6) individual courses, 5 days in length, estimate of 12 students per course In-
UNIT UNIT PRICE MAX AMOUNT
1002 25 Students OPTION Surge- student
FFP
UNIT UNIT PRICE MAX AMOUNT
2001 6 Each OPTION Abattoir Training Course
FFP
UNIT UNIT PRICE MAX AMOUNT
2002 25 Students OPTION Surge- student
FFP
UNIT UNIT PRICE MAX AMOUNT
3001 6 Each OPTION Abattoir Training Course
FFP
UNIT UNIT PRICE MAX AMOUNT
3002 25 Students OPTION Surge- student
FFP
UNIT UNIT PRICE MAX AMOUNT
4001 6 Each OPTION Abattoir Training Course
FFP
UNIT UNIT PRICE MAX AMOUNT
4002 25 Students OPTION Surge- student
FFP
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER
VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
0001 4.00
6.00
25.00
Section C - Descriptions and Specifications
SOF-FIELD FEEDING INT'L TRAIN
1.0 Purpose: To provide Students with necessary unconventional field feeding training with focus on cultural diversity and the Islamic culture.
2.0 Description of Services
The contractor shall provide all direct labor, training material, supervision (of contractor personnel), facilities, and all other items and services (not specifically identified herein to be Government-furnished), necessary to conduct four (4) 5-day courses on Islamic Cooking Techniques. This training shall encompass instruction on:
2.1 Theory of Slaughter techniques
2.2 Cultural diversity
2.3 Equipment overview
2.4 Identifying meat cuts: cattle, goat and poultry.
2.5 Preserving: meats, vegetables, animal hides and cooked materials.
2.6 Islamic and regional cooking and meal preparation.
2.7 Cutting, grinding, and curing meat portions.
2.8 Preparing bread from raw wheat kernels.
2.9 Preparing and serving authentic Islamic meals with indigenous cooking equipment.
3.0 Performance Requirements
The following are the minimum “terminal learning objectives” required for inclusion in the Meat
Butchering/Processing Training Program of Instruction (POI) needed to satisfy the Government’s training requirement. At the completion of the course, each student (successfully completing the training) shall have been taught the Islamic Cooking Techniques indicated and be provided a certificate of completion. The contractor shall immediately report student failures to the senior ranking individual in the class.
3.1 The contractor shall provide sufficient instructors with experience in: Islamic Culture, Animal to Human
Disease and Islamic Cooking and serving meals. Ratio of preferred instructor to student is 1:3.
3.2 The contractor shall provide a Program of Instruction (POI) that demonstrates current (within the last five years) Islamic Cooking Techniques.
3.3 The contractor shall provide instructions necessary to select, slaughter, and process animals indigenous to areas of Afghanistan.
3.4 The contractor shall teach/explain the special considerations to cultural sensitivity and slaughter practices that need to be taken into account prior to assimilating into the Afghan local populous.
3.5 The contractor shall provide instruction on how to process and cure meats & vegetables in a culturally sensitive environment.
3.6 The contractor shall teach the "Halal" method of slaughter, including the concept haram as related to food preparation
3.7 The contractor shall provide the instructions necessary to process and preserve meat and residual hides.
3.8 The contractor shall teach students how to use local Islamic cooking materials and prepare an authentic
Islamic meal cooked in the style and presentation that would be expected by local village elders.
3.9 The proficiency level attained from the training will be determined through several methods: hands on application, performance, and technical performance through written testing.
3.9.1 Testing will be based on knowledge gained through discussions based on the POI provided to each student.
3.9.2 The POI and written materials provided to the students shall contain information on: cuts of meat, indigenous spices, native foods, cultural practices, cultural meat presentation, identifying equipment and use of equipment.
3.9.3 Training will take place within the contiguous United States. The contractor is responsible for providing the training area, with access to hot and cold water, and all support equipment.
*NOTE* - Contractor is NOT authorized to slaughter live animals or utilize fresh carcasses for demonstration purposes. Any ‘slaughter’ training will only be done via discussion, power point or demonstration of landmarks on a live animal with no killing or harm to the animal.
4.0 Equipment and Supplies
The contractor shall provide sufficient equipment needed for the number of students attending the Abattoir Training course. The following listing of equipment is not intended to be all inclusive and represents the minimum equipment the Government anticipates is necessary.
4.1 Materials and Supplies
The contractor shall provide all animals, meats, knives, saws, canning, preserving equipment, Afghan cooking and serving wear, spices, preserving agents, open Afghan style oven and personal protective gear (gloves, apron, eyes protection).
5.0 Training Hours
The training hours shall be from 8:00 A.M. to 6:00 P.M. for five consecutive days. Changes shall be coordinated with the local Government POC in advance of the training. Work hours may be changed and/or modified to meet training requirements. Overtime is not authorized.
6.0 Security Requirements
6.1 The contractor shall ensure requirements for safeguarding sensitive information and materials, for controlling access to training areas, for protecting Soldiers' personal information and for the security of automated and non-automated management information systems and data are fulfilled. The contractor shall immediately notify the Government POC if any security incident or any indication of a potential unauthorized disclosure of sensitive unclassified information to include students' names occurred.
7.0 Travel Requirements The requiring activity shall be responsible for student travel to and from training site.
8.0 Government Furnished Items None.
9.0 Period of Performance
The period of performance for this requirement is date of award plus 12 months for the base year with 4 (four) one year option periods. Training will begin 4 th quarter 2014. At a minimum, training will be conducted quarterly.
10.0 General Information, Operation Security, and Reporting
10.1. Pre-screen applicants using E-Verify Program. The Vendor must pre-screen applicants using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements.
The vendor must ensure that the applicant has two valid forms of government issued identification. An initial list of applicants must be provided to the COR later than 7 business days after the initial contract award to start the CI-focused security screening process.
10.2. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the USASOC via a secure data collection site.
The contractor is required to completely fill in all required data fields using the following web address:
http://www.ecmra.mil. Reporting inputs will be for the labor executed during the period of performance during each
Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at: http://www.ecmra.mil/ http://www.ecmra.mil/ http://www.ecmra.mil/
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
1001 Destination Government Destination Government
1002 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
3001 Destination Government Destination Government
3002 Destination Government Destination Government
4001 Destination Government Destination Government
4002 Destination Government Destination Government
CLAUSES INCORPORATED BY FULL TEXT
SHIPPING AND RECEIVING INSTRUCTIONS (JUN 2009)
MARKING: Contractors shall ensure that the contract number is clearly marked on the exterior of all shipping cartons/containers. This will assist in timely receipt of and payment for the supplies accepted.
The purchase/delivery order number can be located in blocks 1 and 2 of the DD Form 1155 and block 2 of the SF
1449. It also appears at the top of each subsequent page .
If drop shipping procedures are used, please ensure that your shipper complies with these instructions. Cartons without identification may be returned “freight collect”.
SHIPPING: The purchase/delivery order provides the only approved ship to/delivery address(es). Do not redirect shipments to locations other than those specified in the order. To do so may delay acceptance of and payment for the items shipped.
Additional costs for shipment to addresses other than those specified on the order will not be paid unless the ship to/delivery address has been changed by a modification to the order signed by a contracting officer.
INVOICING PROCEDURES:
ELECTRONIC INVOICING: Except as provided in paragraph (c) of DFARS Clause 252.232-7003, Electronic
Submission of Payment Requests (Mar 2007), the Contractor shall submit payment requests through Wide Area
Work Flow (WAWF) utilizing the Invoice and Receiving Report (Combo) method. The COMBO method is designed to generate a notification to the receiver that an invoice has been submitted and requires a receiving report.
Utilization of this feature is expected to minimize delays in the payment process.
Contractors shall register to use WAWF and ensure an electronic business point of contact (POC) is designated in the Central Contractor Registration site at http://www.ccr.gov within ten (10) calendar days after award of this contract/order.
Information regarding WAWF is available on the Internet at the following addresses:
WAWF General Information and Registration - https://wawf.eb.mil
WAWF Training Database (great place to practice using WAWF) - https://wawftraining.eb.mil
WAWF On-line Training Course (great place to begin learning WAWF) - www.wawftraining.com
DFAS Electronic Commerce End Users Tool Box (register for classroom training and obtain user guides) http://www.dfas.mil/contractorpay/electroniccommerce/ECToolBox.html
ALTERNATE METHOD: In the event WAWF is not available, invoices may also be submitted via fax to:
DFAS – Rome, FAX# 877-575-3332. This method is to be used by exception only.
TO ACCESS PAYMENT STATUS ELECTRONICALLY:
https://myinvoice.csd.disa.mil//index.html
FOR ADDITIONAL INFORMATION REGARDING THE VENDOR PAY INQUIRY SYSTEM:
http://www.dod.mil/dfas/contractorpay/vedorpayinquiresystemvpis.html
CUSTOMER SERVICE inquiries may be made to: 1-800-553-0527
DFAS: Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS)
Office as designated in this contract. Please have your purchase order/contract number ready when calling about payments. You can also access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire about the status of your payment.
CODES: The following codes and information will be required to assure successful flow of WAWF documents.
TYPE OF DOCUMENT:
__ COMBO: Invoice and Receiving Report
_X_ Invoice as 2-in-1 (Services only)
__ Invoice Only
__ Construction Invoice (Contractor Only)
__ Progress Payment (Government Only)
__ Cost Voucher (Government Only)
__ Receiving Report (Government Only)
__ Receiving Report with Unique Identification (UID) Data (Government Only) (UID is a new globally unique
“part identifier” containing data elements used to track DOD parts through their life cycle.)
ISSUE BY DODAAC: H92239
SHIP TO DODAAC: W36B5W
ACCEPT BY DODAAC: W36B5W
PAYMENT OFFICE FISCAL STATION CODE: HQ0302
http://www.dfas.mil/contractorpay/electroniccommerce/ECToolBox.html https://myinvoice.csd.disa.mil/index.html http://www.dod.mil/dfas/contractorpay/vedorpayinquiresystemvpis.html
EMAIL POINTS OF CONTACT LISTING: Upon submission of your electronic invoice, use the Email feature in WAWF to notify the following personnel:
ACCEPTOR: jeffery.p.lein@soc.mil
CONTRACT ADMINISTRATOR: andre.dickson@soc.mil
CONTRACTING OFFICER: conway-phelps@soc.mil
ADDITIONAL CONTACT: jennifer.sutrick@soc.mil
RECEIVING REPORT PROCEDURES:
ELECTRONIC RECEIVING VIA WAWF: The Warehouse/Receiving Activity/Contracting Officer’s
Representative (COR) is responsible to ensure a receiving report is correctly processed and forwarded to the appropriate finance office via Wide Area Work Flow (WAWF). In the event of a WAWF problem, contact the
WAWF Help Desk at Telephone #: 1-877-232-9293
Email Address: CCO-EC-ARMY-WAWF-HELPDESK@dfas.mil
PAPER RECEIVING REPORTS BY EXCEPTION ONLY:
DD FORM 1155 - If the DD Form 1155 is used as the receiving report for either a final or partial receipt/payment:
SF FORM 1449: If the SF Form 1449 is used as the receiving report as either a final or partial receipt/payment:
DD FORM 250: If the DD form 250 is used for the receiving report, the only version acceptable by DFAS is the form dated August 2000.
mailto:CCO-EC-ARMY-WAWF-HELPDESK@dfas.mil
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 01-SEP-2014 TO
31-AUG-2015
N/A N/A
0002 POP 01-SEP-2014 TO
31-AUG-2015
1001 POP 01-SEP-2015 TO
31-AUG-2016
1002 POP 01-SEP-2015 TO
31-AUG-2016
2001 POP 01-SEP-2016 TO
31-AUG-2017
2002 POP 01-SEP-2016 TO
31-AUG-2017
3001 POP 01-SEP-2017 TO
31-AUG-2018
3002 POP 01-SEP-2017 TO
31-AUG-2018
4001 POP 01-SEP-2018 TO
31-AUG-2019
4002 POP 01-SEP-2018 TO
31-AUG-2019
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.201-1 Definitions of Words and Terms Provisions and Clauses JAN 2011
52.203-3 Gratuities APR 1984
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management JUL 2013
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
JUL 2013
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
AUG 2013
52.212-4 Contract Terms and Conditions--Commercial Items SEP 2013
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011
52.222-3 Convict Labor JUN 2003
52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2014
52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-22 Previous Contracts And Compliance Reports FEB 1999
52.222-26 Equal Opportunity MAR 2007
52.222-35 Equal Opportunity for Veterans SEP 2010
52.222-37 Employment Reports on Veterans SEP 2010
52.222-41 Service Contract Act Of 1965 NOV 2007
52.223-6 Drug-Free Workplace MAY 2001
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.232-17 Interest OCT 2010
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.204-7004 Alt A System for Award Management Alternate A MAR 2014
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Terrorist Country
DEC 2006
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) 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 http://www.acquisition.gov/ 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.
Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United
States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.
395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue
Code at 26 U.S.C. 7874.
Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 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.
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 (o) 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.
https://www.acquisition.gov/
(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, for general statistical purposes, 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 [ ___ ballot] is, [ ___ ballot] 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 [ ___ ballot] is, [ ___ ballot] 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 [ ___ ballot] is, [ ___ ballot] 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) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation
Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)
(i) General. The offeror represents that either--
(A) It ( ___ ) is, ( ___ ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the
SAM Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13
CFR 124.104(c)(2); or
(B) It ( ___ ) has, ( ___ ) has not submitted a completed application to the Small Business Administration or a
Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart
B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.
(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)
(11) 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)(11)(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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy
American Act --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 Act--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 Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR
52.225-3, Buy American Act--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 Act--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 Act--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:
Origin
[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 Act-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:
Line Item No.
Country of
Origin
(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 Act-Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
(3) Buy American Act-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 Act-Free Trade Agreements-Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No.
Country of
Origin
(4) Buy American Act--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 Act--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:
Origin
(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:
Origin
(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 Act. 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.
Listed End Product Listed Countriesof Origin
(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 mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or https://www.acquisition.gov/far/current/html/Subpart%2022_15.html#wp1088086 manufacture any such end product furnished under this contract.
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