HDEC05-21-Q-0003 Combined Synopsis Solicitation.pdf

Combined Synopsis/Solicitation Notice Linen/Mat Cleaning and Rental Services

Solicitation Number: HDEC05-21-Q-0003 Response Date: Friday, February 26, 2021, 1:00 p.m. EST POC: Jason Reedy, Contract Specialist Email: jason.reedy@deca.mil Phone: 804-734-8000, x49815 Secondary POC: Dan Lindsey, Contract Specialist Email: daniel.lindsey@deca.mil Phone: 804-734-8000, x48774 Place of Performance: Defense Commissary, Headquarters, 1300 E Avenue, Fort Lee, VA 23801-1800 Set Aside: Full and Open Competition Classification Code: W084 – Lease or Rental of Equipment—Clothing, Individual

Equipment, and Insignia NAICS Code: 812332 – Launderers, Industrial Size Standard: $41,500,000.00

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Proposals are being requested and a separate written solicitation will not be issued.

ii. The solicitation number for this procurement is HDEC05-21-Q-0003 and is issued as a Request for Quote (RFQ).

iii. This solicitation document and incorporated provisions and clauses are those in effect through FAC 2021-04, DFARS Change Notice 20201130, and Defense Commissary Agency Acquisition Regulations (DeCAARS) 2005 Edition.

iv. This solicitation is published for full and open competition. For information purposes, the

Federal Supply Classification is W084, the North American Industry Classification systems (NAICS) code is 812332, which has a small business size standard of $41,500,000.00.

v. Contract Line Item Numbers (CLINS):

See “Attachment A – HDEC05-21-Q-0003 Quote Sheet – Protected” for all CLINs and CLIN Information

vi. Description of Requirements: The Defense Commissary Agency (DeCA) seeks to acquire services for Linen/Mat Rental and Cleaning for 115 Commissary locations. Service shall be for a base year (April 1, 2021 through March 31, 2022) with four (4) possible one-year extensions.

vii. Delivery: Weekly service pick-up and delivery will be based on the needs of each individual store location and will be coordinated with the contractor at time of award.

mailto:jason.reedy@deca.mil mailto:daniel.lindsey@deca.mil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P284_48544

viii. Provision at FAR 52.212-1, Instruction to Offerors - Commercial Items (Jun 2020) applies to this acquisition along with the following Addendum:

Addendum to FAR 52.212-1 Instruction to Offerors – Commercial Items

The following paragraphs are altered as follows:

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS for this solicitation is 812332 with a small business size standard of $41,500,000.00.

(b) Submission of Quotes: Submit signed and dated quotes to the office specified in this solicitation at or before the time specified in this solicitation. Offers may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number: HDEC05-21-Q-0003;

(2) The time specified in the solicitation for receipt of quotes:

Friday, February 26, 2021, 1:00 p.m. EST;

(3) The following company information:

Company Name Address Point of Contact Phone Number Email Address Cage Code Unique Entity Identifier

(4) Quote Sheet (“Attachment A – HDEC05-21-Q-0003 Quote Sheet – Protected”):

(5) Removed.

(6) Price Submission:

All pricing must be submitted in electronic format on “Attachment A – HDEC05- 21-Q-0003 Quote Sheet - Protected.” Fill in green highlighted cells only. All other cells are protected and locked.

-Evaluated Pricing Tab: Complete the “Offeror” cell with your company name.

-Pricing on Location Tabs: Each tab represents one of the 115 locations. If you wish to provide a quote for a particular location, fill in ALL green cells on the corresponding tab – even if the Weekly Estimated Quantity is currently “0.” The location name is on the tab itself as well as on the top of the worksheet. This includes pricing for each of the following items (for the base and four (4) Option Years):

BUTCHER COATS, WHITE

BUTCHER SHIRTS, WHITE

BUTCHER PANTS, WHITE

BUTCHER APRONS, WHITE

BIB APRONS NAVY BLUE

COBBLER APRONS NAVY BLUE

MAT 3' X 5' BLACK/GRAY

MAT 3' X 10' BLACK/GRAY

MAT 4' X 6' BLACK/GRAY

MOP, DUST 36"

MOP, DUST 42"

MOP, WET 24 OZ

MOP, WET 28 OZ

WEEKLY ENVRONMENTAL FEE (dollar figure) WEEKLY ENERGY FEE (percentage – up to 2 decimal points) WEEKLY LOST/DAMAGE FEE (percentage – up to 2 decimal points)

The quote sheet tabs for each location will calculate the “Total Evaluated Price” (TEP) in the yellow highlighted cell, which will transfer to the “Total Evaluated Pricing” tab.

Any green cell left blank for a particular location may result in your quote for that location to not be considered for award.

(7) “Remit to” address, if different than mailing address;

(8) Offeror Representations and Certifications for both FAR and DFARS must be completed and submitted through the System for Acquisition Management (Beta-

SAM);

(9) Signed acknowledgment of Solicitation Amendments, if applicable (submit each signed amendment separately);

(10) Removed

(11) Signature below, indicating the company’s statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

I agree with all terms, conditions, and provisions included in the solicitation:

Name/Signature Date

The following requirements for Proposal submissions are added to paragraph (a):

(12) Quotes (all portions) must be submitted in electronic format by an authorized representative of the Offeror. Hand written portions and those including signatures and completion of certain clauses and provisions shall be scanned into pdf format and emailed to jason.reedy@deca.mil. The following should be in the subject line for the email submittal:

“Quote from (company name) in response to RFQ HDEC05-21-Q-0003”

(13) All questions of a technical and/or contractual nature concerning this solicitation shall be submitted in writing to Jason Reedy, Contract Specialist at jason.reedy@deca.mil no later than Friday, February 5, 2021 at 1:00 pm EST. A consolidated list of questions and answers, if applicable, will be provided to all prospective offerors as appropriate. Answers to questions will not alter the solicitation unless and until an amendment is made to the solicitation incorporating the answers.

(14) Completed clauses and provisions (see full text clauses and provisions below).

The following provisions/clauses MUST be completed and included in your offer submission:

FAR 52.209-7 (See below)

52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification (See below)

Choose Wide Area Workflow (WAWF) pay or Government Purchase Card (GPC) pay:

WAWF:

GPC:

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

ix) Provision at FAR 52.212-2, Evaluation - Commercial Items (OCT 2014)

(a) The Government intends to award multiple contracts resulting from this solicitation to the responsible contractor, whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered, using Lowest Price Technically Acceptable (LPTA) evaluation criteria with the following factors:

Factor 1 – Price Factor 2 – Technical Capability Factor 3 – Past Performance

Award will be made on the basis of Lowest Price Technically Acceptable. By submission of its quote in accordance with the instructions provided in FAR clause 52.212-1, Instructions To Quoters, the quoter agrees to the terms of this solicitation.

Specifically, the evaluation process shall proceed as follows: First, the quotes will be ranked in price order from lowest to highest based on the Total Evaluated Price (TEP). Next, the lowest ranked TEP quoter's Technical Capability and Past Performance will then be evaluated and receive a rating of Acceptable or Unacceptable. In order to be rated as Acceptable for Technical Capability, the quotes must meet the Government's minimum requirements. Past Performance should be recent, relevant and overall no negative history. Quoters with no past performance will be considered neutral and will receive a rating of Acceptable.

If the lowest ranked quoter’s Technical Capability or Past Performance is rated acceptable or neutral, the Government will use one or more techniques set forth in FAR 15.404-1(b)(2) and IAW FAR 15.404-1(g) to evaluate the quoted prices to determine fair and reasonableness and also to determine if unbalanced pricing exists. Unbalance quoted prices and any associated risk to the Government will be noted and considered in the making the award determination.

When technical capability is rated to be acceptable and the past performance is acceptable for the quote ranked as the lowest TEP, the prices are fair and reasonable, there is balanced pricing (or if unbalanced pricing does not pose an unacceptable risk) the Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. If determined responsible, the evaluation process stops at this point as that quote represents the best value to the Government. Award shall be made to that quoter without further consideration of any other quotes.

The next lowest ranked TEP quote will be evaluated [in order of ascending TEP] if the previous lowest ranked TEP quote was determined to be ineligible for award due to any of the following conditions: (1) technical capability or past performance was rated as unacceptable; (2) the price is determined not fair and reasonable; (3) the pricing is unbalanced and poses an unacceptable risk to the Government: or (4) the quoter is found to be non-responsible. This process will continue until a quoter is determined to have an acceptable technical capability and past performance rating with fair and reasonable prices and balanced pricing (or if unbalanced pricing exists it does not pose an unacceptable risk), and the quoter is deemed responsible or until all quotes have been evaluated.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

x) Both FAR and DFARS Representations and Certifications must be completed and submitted to the System for Acquisition Management (SAM).

xi) FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 18) applies to this acquisition along with the following Addendum:

Addendum to 52.212-4, Contract Terms and Conditions – Commercial Items:

The following paragraphs are altered or added:

(c) Changes: Changes in the terms and conditions of this contract may be made only by written agreement of the parties, unless there exist a reason for a unilateral written modification. The government may issue unilateral written 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.

xii) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-

O0021) (SEP 2018)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(b) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(1) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(c) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(1) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct

2015) (41 U.S.C. 3509).

(2) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(3) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(4) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(5) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.

13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 u.s.c. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities

(July 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 u.s.c.

4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 u.s.c.

chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C.

chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 u.s.c. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (May 2014) (41 u.s.c. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O.

12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) .

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C.

552a) .

(B) Alternate I (JAN 2017) of 52.224-3.

(d) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 u.s.c. 2302 Note).

(e) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(f) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 u.s.c. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

xiii) The following clauses and provisions are applicable to this acquisition and are hereby incorporated by reference:

52.203-3 Gratuities (Apr-84) 52.203-6 ALT I Restrictions on Subcontractor Sales to the Government, with

Alternate I (Clause Jun-20) (Alt 1 Oct 95) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun-20) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan-17)

52.204-4 Printed or Copied Double-Sided on Post Consumer Fiber Content Paper (May-11)

52.204-7 System for Award Management (SAM) (Oct-18) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan-11) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun-20) 52.204-13 System for Award Management (SAM) Maintenance (Oct-18) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec-14) 52.204-23 Prohibition of Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul-18) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Aug-20) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended or Proposed for Debarment (Jun-20) 52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters (Oct-18) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

(Nov-15) 52.212-1 Instructions to Offerors - Commercial Items (Jun-20) 52.212-4 Contract Terms and Conditions - Commercial Items (Oct-18) 52.219-8 Utilization of Small Business Concerns (Oct-18) 52.219-28 Post Award Small Business Program Representation (Nov-20) 52.222-3 Convict Labor (E.O. 1755) (Jun-03) 52.222-21 Prohibition of Segregated Facilities (Apr-15) 52.222-26 Equal Opportunity (Sep-16) 52.222-40 Notification of Employee Rights under National Labor Relations Act

(Dec-10) 52.222-41 Service Contract Labor Standards (Aug-18) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug-18) 52.222-50 Combating Trafficking In Persons (Oct-20) 52.222-54 Employment Eligibility Verification (Oct-15) 52.222-55 Minimum Wages Under Executive Order 13658 (Nov-20) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan-17) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan-97) 52.223-5 Pollution Prevention and Right-to-Know Information (May-11) 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May-11) 52.223-10 Waste Reduction Program (May-11) 52.223-18 Encourage Contractor Policies to Ban Text Messaging While Driving

(Jun-20) 52.225-13 Restriction on Certain Foreign Purchases (Jun-08) 52.228-5 Insurance-Work on a Government Installation (Jan-97) 52.232-17 Interest (May-14) 52.232-18 Availability of Funds (Apr-84) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management

(Oct-18) 52.232-36 Payment by Third Party (May-14) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec-13) 52.233-3 Protest after Award (Aug-96) 52.233-4 Applicable Law for Breach of Contract Claim (Oct-04)

52.237-1 Site Visit (Apr-84) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr-84) 52.242-13 Bankruptcy (Jul-95) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep-11) 252.203-7002 Requirements to Inform Employees of Whistleblower Rights (Sep-13) 252.203-7003 Agency Office of the Inspector General (Aug-19) 252.203-7005 Representation Relating to Compensation of Former DoD Officials

(Nov-11) 252.204-7004 Level I Antiterrorism Awareness Training for Contractors (Feb-19) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

(Oct-16) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(Dec-19) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

(May-16) 252.205-7000 Provision of Information to Cooperative Agreement Holders (Dec-91) 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (May-19) 252.216-7009 Allowability of Legal Costs Incurred in Connection With a Whistleblower

Proceeding (Sep-13) 252.225-7012 Preference for Certain Domestic Commodities (Dec-17) 252.225-7048 Export-Controlled Items (Jun-13) 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Apr-19) 252.232-7010 Levies On Contract Payments (Dec-06) 252.243-7001 Pricing of Contract Modifications (Dec-91) 252.243-7002 Requests for Equitable Adjustment (Dec-12) 252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD

Contracts) (Oct-20) 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustments to the Cost

Bearer (Jun-13)

The following clauses and provisions are applicable to this acquisition and are hereby incorporated in full text:

52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 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.

(End of clause)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Oct 2018)

(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, which can be accessed viahttps://www.sam.gov (see 52.204-7).

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items (Jan-21) (Reps and Certs must be completed in SAM.gov)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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;

https://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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"— 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 veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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—

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(c)(2); and

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

(ii) of this definition.

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

(1) Directly by a parent corporation; or

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

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

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

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

Women-owned 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.

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 least51 percent of the stock of which is owned by one or more women; and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

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

(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 in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) 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 will be performed in the United States or its outlying areas. Check all that apply.

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

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13

CFR124.1002.

(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.

(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 http://www.sam.gov/ https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/4.1201#FAR_4_1201

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.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it

□ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(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 http://uscode.house.gov/ 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)

(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American- Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin [List as necessary]

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

(g)

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

(i)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American- Free Trade Agreements-Israeli Trade Act."

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

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3

Line Item No. Country of 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-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.

Other Foreign End Products:

Line Item No. Country of Origin [List as necessary]

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

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I.

If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin [List as necessary]

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

https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3

(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…