HDEC04-18-R-0041.docx

HDEC0418R0041

Section SF 1449 - CONTINUATION SHEET

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

The following information is added to the respective paragraphs of FAR 52.212-1:

(a) North American Industry Classification System (NAICS) code and small business size standard: The applicable NAICS to this solicitation is 333924 and the Size Standard is 750. Your Reps and Certs must include the NAICS applicable to this solicitation document and indicate your organization’s business size status.

(b) Submission of Offers: Proposals are to be submitted to the Defense Commissary Agency, Supply/Equipment Acquisition Division, Attn: LEAE, 1300 E. Ave, Fort Lee, VA 23801-1800. Faxed, scanned or e-mailed copies will be accepted. You may send to the fax number: 804-734-8009 (Press pause button 2 times) then 72802 or email to carrita.king@deca.mil. The complete proposal with authorized representative’s signature must be received by the closing date and time in order to be considered for award.

(b)(4) Product Information: Offerors shall submit descriptive literature, a matrix, specifications, drawings, or other information that demonstrates that their proposed products meet or exceed ALL the mandatory generalized operating specifications of the Commissary Equipment Description (CED) 2E02-E as listed on pages 5 and 6. (Only one award is possible).

(b)(6) Price: Provide your best price for each line item and enter the total price for the maximum quantity for each line item. Enter all pricing for the base and option years.

(b)(8) Offerors must have updated on-line representations and certification completed online with https://sam.gov. The offerors only need to complete paragraph (b)(2) of FAR 52.212-3 and paragraph of DFAR 252.212-7000 and submit with their proposal. Per FAR 4.1201(a): Prospective contractors shall complete electronic annual representations and certifications at SAM accessed via https://www.acquisition.gov as a part of required registration (see FAR 4.1102).

If the NAICS code identified for this solicitation is not in SAM, the offeror shall submit written confirmation of their business size standard applicable to the NAICS code referenced in this solicitation.

(b)(10). Past Performance References: Submit at least 5 references; companies that you have conducted business with over the last five years for delivery of products that are similar to those listed in this solicitation. Provide by email the following information for each reference to Carrita King at carrita.king@deca.mil.

Past performance references are due 7 days prior to the closing date of the solicitation.

(1) Company Name and Address

(2) Point of Contact Name and Title

(3) Phone Number

(4) Facsimile Number

(5) E-Mail Address

(6) Description of Product Delivered

The references will be asked to provide information on your company’s past performance with regard to timeliness of delivery, quality, and business relations. The contracting officer will contact the references provided to obtain this information. Any other past performance information available to the contracting officer will also be considered. Please do not submit past performance references from DeCA Commissaries or DeCA HQ. DeCA will obtain past performance information from the commissaries and HQ.

(c) The period for acceptance of offers is changed to 90 days.

(g) Be advised that this solicitation will result in one requirements contract where quantities are estimates. See clause 52.216-21, REQUIREMENTS, (OCT 1995) for more details.

ADDENDUM TO 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

The following information is added to the respective paragraphs of FAR 52.212-4:

(a) Inspection/Acceptance: Delivery orders will be issued and accessed through the Electronic Document Access System (EDA) http://eda.ogden.disa.mil. Contractors must complete the on-line registration available at the website in order to retrieve documents displayed there.

Delivery is required at least 45 days after receipt of delivery order. Delivery to commissaries shall be made between the hours of 7:00 am and 3:00 pm local time, Monday through Friday, excluding official Government Holidays. Delivery orders will contain the delivery location and any other necessary delivery instructions. The contractor can find the delivery address and points of contact information for each store at www.commissaries.com

(c) Changes: The government may issue unilateral administrative modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address or changes to the accounting and appropriation data.

(g)(1)(v) Shipping: FOB Destination. Some delivery locations may require packaging and preparation for overseas shipment, but the contractor is responsible only for shipment to the port with the EXCEPTION OF SHIPMENT TO ALASKA and HAWAII. Shipments to Alaska and Hawaii will ship directly to Alaska and Hawaii. Equipment destined for overseas shipment will be palletized using best commercial practices so that the equipment arrives at destination without damage. Each Outside Continental United States (OCONUS) delivery order will include packing and marking instructions to the shipping port specified in the order. The contractor shall mark each shipment with the name of the contractor, contract number, and requisition number. Shipping container must be accompanied by documentation including the total weight of product(s) in the container. This requires the weight of all cargo (in the container) plus the tare weight to be verified, notated and entered in the Ocean Carrier's portal, or containers will not be stowed on the ship. Materials/Supplies shall have the total weight on the bill of lading. Product will not ship without this information. Please note: There is a recurring system error for Block 11 (Delivery for FOB Destination Unless Block Is Marked) of the solicitation. This block should not be checked. ALL CLINs ARE FOB DESTINATION.

(i) Payment: Funding will be provided on individual delivery orders. Payment will be made by Defense Finance and Accounting Service (DFAS). Contract payments will be processed electronically via EFT through the Defense Finance and Accounting Service (DFAS). Prior to DFAS releasing any contract payment, the contractor must submit an invoice COMBO using Wide Area Work Flow (WAWF) electronic commerce. An invoice COMBO is used to invoice for supplies or services and enables the vendor to create a separate invoice and receiving report from the same data entry session, eliminating the need to re-key data. After an invoice COMBO is received, a Government representative will acknowledge acceptance and receipt of the service via WAWF. After all items are properly submitted, the contract payment will be processed via DFAS electronically.

The contractor must access the WAWF Vendor Tools on the DFAS website and complete the requirements to obtain an active WAWF account. This will allow the contractor to submit invoices via WAWF so that payments can be processed electronically through EFT.

For additional WAWF information, see clause 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008).

Clause FAR 52.213-1, FAST PAYMENT PROCEDURE (MAY 2006), applies only to shipments destined for locations outside the continental U.S.

PERIODS OF PERFORMANCE

Option Year 3: December 1, 2021 through November 30, 2022 Option Year 4: December 1, 2022 through November 30, 2023

CED REQUIREMENTS

CED 2E02-E Cart, wire, double basket, nesting

General Operating Specifications:

Dimensions:

Minimum upper basket capacity of 2,300 cubic inches.

Minimum lower basket capacity of 1,975 cubic inches.

Overall capacity range of 4,500 to 6,000 cubic inches.

27 inches long measured from the front of the basket to the rear of the handle with a variance of plus/minus 1.5 inch.

40 inches high measured from the floor to the top of the handle with a variance of plus/minus 1.5 inch.

Cart width to be no less than 22 inches and no more than 25 inches measured at the widest point.

Salient Characteristics that shall be provided:

Base frame constructed of steel tubing.

Basket(s) constructed of close mesh steel wire.

Powder coated finish.

Lower tray constructed of steel rods.

Wheels:

Non marking solid rubber that reduce static electrical charges.

Sealed ball bearings.

Replaceable, not riveted.

Two swivel front casters; two rigid rear casters.

Minimum 5 inches in diameter.

Plastic covered tubular handle imprinted with the word “COMMISSARY”, with white lettering on a blue background.

Rear hinged gates to allow nesting of carts.

Carts to nest with 8 inches between handles with a variance of plus or minus 1 inch.

Industry Standards / Requirement(s):

Industry Standards: American Society for Testing and Materials (ASTM F 2372) Standards.

Warranty period shall be for (1) year from date of delivery against defective material and workmanship and shall include parts, service and labor.

Color Requirement(s): Grey

Standard Contractor Requirements:

Must be shipped assembled and ready to use.

Information to be provided by the Contractor to the commissary at the time of delivery:

Point of Contact for Service Installation and Operating Instructions Parts List

CED 2E02-E, Double Basket Shopping Carts

FFP

Base Year: December 1, 2018 (or Date of Award if later) through November 30, 2019

ESTIMATED

NET AMT

0001AA

Double Basket Shopping Carts (CONUS)

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable for CONUS only. For CONUS, the contractor is responsible for direct delivery to the final store destination. The unit price shall include transportation charges to the final destination (CONUS).

FOB: Destination

ESTIMATED

PSC CD: 7290

0001AB

Double Basket Shopping Carts (AK & HI)

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable to orders shipped directly to Alaska and Hawaii locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the double basket shopping carts including shipping and transportation costs.

ESTIMATED

0001AC

Double Basket Shopping Carts (OCONUS)

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable for OCONUS locations only EXCEPT Alaska and Hawaii locations. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212-4(g)(1)(v). The unit price shall include transportation charges to the port specified.

ESTIMATED

Option Year 1: December 1, 2019 through November 30, 2020

ESTIMATED

1001AA

FFP

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable for CONUS only. For CONUS, the contractor is responsible for direct delivery to the final store destination. The unit price shall include transportation charges to the final destination (CONUS).

ESTIMATED

1001AB

FFP

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable to orders shipped directly to Alaska and Hawaii locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the double basket shopping carts including shipping and transportation costs.

ESTIMATED

1001AC

FFP

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable for OCONUS locations only EXCEPT Alaska and Hawaii locations. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212-4(g)(1)(v). The unit price shall include transportation charges to the port specified.

ESTIMATED

Option Year 2: December 1, 2020 through November 30, 2021

ESTIMATED

2001AA

FFP

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable for CONUS only. For CONUS, the contractor is responsible for direct delivery to the final store destination. The unit price shall include transportation charges to the final destination (CONUS).

ESTIMATED

2001AB

FFP

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable to orders shipped directly to Alaska and Hawaii locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the double basket shopping carts including shipping and transportation costs.

ESTIMATED

2001AC

FFP

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable for OCONUS locations only EXCEPT Alaska and Hawaii locations. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212-4(g)(1)(v). The unit price shall include transportation charges to the port specified.

ESTIMATED

Option Year 3: December 1, 2021 through November 30, 2022

ESTIMATED

3001AA

FFP

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable for CONUS only. For CONUS, the contractor is responsible for direct delivery to the final store destination. The unit price shall include transportation charges to the final destination (CONUS).

ESTIMATED

3001AB

FFP

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable to orders shipped directly to Alaska and Hawaii locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the double basket shopping carts including shipping and transportation costs.

ESTIMATED

3001AC

FFP

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable for OCONUS locations only EXCEPT Alaska and Hawaii locations. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212-4(g)(1)(v). The unit price shall include transportation charges to the port specified.

ESTIMATED

Option Year 4: December 1, 2022 through November 30, 2023

ESTIMATED

4001AA

FFP

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable for CONUS only. For CONUS, the contractor is responsible for direct delivery to the final store destination. The unit price shall include transportation charges to the final destination (CONUS).

ESTIMATED

4001AB

FFP

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable to orders shipped directly to Alaska and Hawaii locations only. The contractor is responsible for direct delivery to the final store destination. The unit price shall include all costs for providing the double basket shopping carts including shipping and transportation costs.

ESTIMATED

4001AC

FFP

Manufacturer:___________________________ Model Number:___________________________ Warranty Period:_________________________ Warranty POC (Name & Phone Number & Email):______________________________

Note: This SubCLIN is applicable for OCONUS locations only EXCEPT Alaska and Hawaii locations. For OCONUS locations, the contractor is responsible to deliver the shipment to the appropriate port in CONUS IAW packaging and marking instructions as specified in the order IAW 52.212-4(g)(1)(v). The unit price shall include transportation charges to the port specified.

ESTIMATED

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

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

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

1. Technical Acceptablility of Product

2. Past Performance

3. Price

(b) Award will be made to the lowest-priced technically acceptable offer. Offerors will be determined to be technically acceptable if their proposed product complies with the Commissary Equipment Description, (CED) requirements and by receiving at least an acceptable rating for each past performance sub-factor. For the proposed product to be acceptable, the offeror’s product must meet or exceed the stated general and operational characteristics. Total evaluated price will be determined by applying each offeror’s unit price to the estimated quantity per Sub-CLIN, and totaling each CLIN for a total evaluated price, for the base and four option periods. Only one award is possible.

(c) The evaluation of past performance will be an assessment based on a consideration of all relevant facts and circumstances. It will not be based upon absolute standards of acceptable performance, but an offeror’s overall past performance history. The Government is seeking to determine whether the offeror has consistently demonstrated a genuine concern for customer satisfaction, and timely delivery of quality goods. This determination is a matter of judgment.

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

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

The Government reserves the right to award without discussion.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) ALTERNATE I (OCT 2014)

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 https://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—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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:

[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…