HDEC05-20-R-0002 Combined Synopsis Solicitation.pdf

Combined Synopsis/Solicitation Notice SKU-Based Inventory Services

Solicitation Number: HDEC05-20-R-0002 Response Date: Thursday, January 23, 2020, 4:00 p.m. EST POC: Jason Reedy, Contract Specialist Email: jason.reedy@deca.mil Phone: 804-734-8000, x49815 Secondary POC: Jill A. Craft, Contracting Officer Email: jill.craft@deca.mil Phone: 804-734-8000, x86294 Place of Performance: Defense Commissary, Headquarters, 1300 E Avenue, Fort Lee, VA 23801-1800 Set Aside: Full and Open Competition Classification Code: R799 – Support – Management: Other NAICS Code: 561990 – All Other Support Services Size Standard: $12,000,000.00

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 HDEC05-20-R-0002 and is issued as a Request for Proposal (RFP).

iii. This solicitation document and incorporated provisions and clauses are those in effect through FAC 2020-03, DFARS Change Notice 20191127, 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 R799, the North American Industry Classification systems (NAICS) code is 561990, which has a small business size standard of $12,000,000.00.

v. Contract Line Item Numbers (CLINS):

CLIN 0001

Max Quantity 236 Unit EA Estimated Price TBD

SKU-Based Inventory Services

FFP

SKU-based Inventory Services for DeCA military commissaries worldwide. Contractor shall perform SKU-based Inventory Services in accordance with the Statement of Work (SOW) and all terms and conditions in this contract.

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

Base Performance Period: April 1, 2020 through March 31, 2021

CLIN 1001

Max Quantity 236 Unit EA Estimated Price TBD

SKU-Based Inventory Services

FFP

SKU-based Inventory Services for DeCA military commissaries worldwide. Contractor shall perform SKU-based Inventory Services in accordance with the Statement of Work (SOW) and all terms and conditions in this contract.

First Option Performance Period: April 1, 2021 through March 31, 2022

CLIN 2001

Max Quantity 236 Unit EA Estimated Price TBD

SKU-Based Inventory Services

FFP

SKU-based Inventory Services for DeCA military commissaries worldwide. Contractor shall perform SKU-based Inventory Services in accordance with the Statement of Work (SOW) and all terms and conditions in this contract.

Second Option Performance Period: April 1, 2022 through March 31, 2023

CLIN 3001

Max Quantity 236 Unit EA Estimated Price TBD

SKU-Based Inventory Services

FFP

SKU-based Inventory Services for DeCA military commissaries worldwide. Contractor shall perform SKU-based Inventory Services in accordance with the Statement of Work (SOW) and all terms and conditions in this contract.

Third Option Performance Period: April 1, 2023 through March 31, 2024

CLIN 4001

Max Quantity 236 Unit EA Estimated Price TBD

SKU-Based Inventory Services

FFP

SKU-based Inventory Services for DeCA military commissaries worldwide. Contractor shall perform SKU-based Inventory Services in accordance with the Statement of Work (SOW) and all terms and conditions in this contract.

Fourth Option Performance Period: April 1, 2024 through March 31, 2025

vi. Description of Requirements: The Defense Commissary Agency (DeCA) seeks to acquire services to conduct annual Stock Keeping Unit (SKU)-based Inventory Services at all commissary facilities world-wide. SKU-based inventories involve the physical scanning of item barcodes, counting the number of items with that SKU, and entering the quantity into an automated system. The item quantity is matched to item cost information, which when added, tells DeCA the value of the store’s current grocery inventory. This information is used for audit purposes.

vii. Delivery: Service Delivery will be based on the required dates of service for each DeCA store location. Each store requires an annual certification that results from a SKU-based Inventory Service per fiscal year, therefore each store location will require services each contract year. Specific dates for services will be published through individual Requests for Quotes which will be published by the month or quarter, depending on the needs of the government.

viii. Provision at FAR 52.212-1, Instruction to Offerors - Commercial Items 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: 561990

b. Submission of Proposals: Submit signed and dated offers to the office specified in this solicitation at or before the exact 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: HDEC05-20-R-0002;

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

Thursday, January 23, 2020, 4:00 p.m. EST;

(3) The following company information:

Company Name Address Point of Contact Phone Number Email Address Cage Code DUNS Number

(4) Technical Submission:

Oral Presentation Component

SUBMISSION FORMAT: Oral presentations must be in person and will be scheduled by the Defense Commissary Agency prior to the due date and time of offers. Presentations will tentatively take place from February 3-7, 2020. Any company wishing to submit an offer must contact Jason Reedy via email at jason.reedy@deca.mil and request a presentation appointment. The request must include your company’s name and DUNS Number and how many individuals you plan to bring to the presentation. No specific date or time requests will be considered. The email response you receive will contain your presentation date, time, and location.

Failure to request a presentation appointment as described above will result in your company not being eligible for award. Failure to show up to your company’s presentation appointment (barring an Act of God) shall result in your company’s not being eligible for award. Showing up late for the presentation will demonstrate a lack of scheduling in accordance with Paragraph 4 of the SOW and will be considered in the technical rating to be assigned for this Factor.

The presentation appointment will allow your company the opportunity to explain and demonstrate how your firm will fulfill the requirements outlined in the Statement of Work (SOW).

The presentation will begin with a capabilities brief of the offeror. Capabilities must include staffing, experience with SKU-based inventories, and an overview of the automated equipment and systems that will be used during inventory services.

Following the capabilities brief, the offeror will demonstrate their ability to perform services required in the SOW. Prior to the scheduled presentation, offerors will be sent a test Master File from the agency. Offerors will demonstrate how the Master File is uploaded and prepared to be used for inventory services. Next, the offeror will demonstrate how an inventory is conducted using SKU products and labels provided by the agency at the presentation. This will include sectioning, scanning, counting, reporting inventory progress, validating (to include providing validation equipment IAW Paragraph 9.1 of the SOW), certifying, and providing a final report IAW Paragraphs 11 and 12 of the SOW.

Note that the information presented and capabilities demonstrated during the Oral Presentation carries greater weight than the information provided in the Technical Evaluation Worksheet for purposes of demonstrating the capability to meet the government's requirements.

Technical Evaluation Worksheet Component

SUBMISSION FORMAT: Offerors are required to complete the Technical Evaluation Worksheet. The Technical Evaluation Worksheet must be complete and comprehensive.

(5) Removed.

(6) Price Submission:

Offerors may provide pricing for stores that are scheduled for services commencing in April 2020 (Pricing Spreadsheet Tab A). (Dates and times of April 2020 services are not negotiable and must be followed in order to meet audit requirements.) Note mailto:jason.reedy@deca.mil that offerors do not have to quote on April 2020 services in order to be eligible for contract award. If an offeror does not wish to provide a quote for services in April 2020, then offerors must provide pricing for all six (6) notional locations on Tab B, which will provide the government an opportunity to determine pricing to be fair and reasonable for contract award. Pricing shall be fully burdened.

Tab A pricing may result in Task Orders for actual services in accordance with the SOW (paragraph 4.2) after contract award. Tab B pricing is for evaluation purposes only. Offerors are NOT to complete both Tabs. Pricing found on either Tab A or Tab B will be averaged and that average price will serve as the evaluated price.

(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 (SAM);

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

(10) Past Performance Submission:

Offerors must include the following information for a minimum of three (3) references:

• Company name

• Point of contact name and position title

• Email address of point of contact

• Phone number and extension

• Detailed description of the work performed for each reference, which shall include:

-Contract or Project Number -The required performance period cited on the contract and the time frame the work was actually accomplished.

The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance in providing services that meet the contract’s requirements. To be considered a recent effort, the effort must be currently on-going, or have been completed within three years of proposal submission.

NOTE: The Government may contact the references; therefore, they should be able to provide information concerning quality of products, timeliness of deliveries, and customer satisfaction.

(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:

(12) Proposals 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:

“Proposal from (company name) in response to RFP HDEC05-20-R-0002”

(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 December 30, 2019 at 4:00 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:

52.209-7

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 offeror whose Proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered, using Best Value Trade-Off evaluation criteria with the following factors:

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

Technical Capability is more important that Past Performance. Technical Capability and Past Performance, when combined, are approximately equal to Price.

Technical Capability (Factor 1). The methodology used to evaluate Technical Capability will be the Combined Technical/Risk Rating as shown below in Table 1. The combined technical/risk evaluation includes the consideration of risk in conjunction with the strengths, weaknesses, significant weaknesses, and deficiencies of an offeror’s proposal to determine technical ratings.

Table 1:

Definitions:

Strength is an aspect of an offeror's proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Weakness means a flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant Weakness in the proposal is a flaw that appreciably increases the risk of unsuccessful contract performance.

Deficiency is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Combined Technical/Risk Rating. The adjectival ratings listed in Table 1 will be used to rate an offeror’s technical capability. The ratings for the Technical Capability factor will be accomplished primarily through the use of two assessment tools: technical evaluation worksheets and oral presentations by offerors.

Past Performance Factor. The past performance evaluation shall result in a performance confidence assessment of the offeror’s probability of meeting the solicitation requirements. The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance in providing services that meet the contract’s requirements. To be considered a recent effort, the effort must be currently on-going, or have been completed within three years of proposal submission. The following definitions will be utilized to determine the relevancy of each past performance effort:

Table 2:

After the recency and relevancy of each offeror’s past performance record has been evaluated, one of the following overall Past Performance Confidence Assessment ratings will be assigned to each offeror:

Table 3:

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have a “neutral” past performance rating, which will have no impact on the overall award decision.

(b) Removed.

(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 (MAY 2018) 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: 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) (OCT 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.

(1) 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.

(2) 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.

(b) 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.

(c) 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).

(d) 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.

(e) 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 Sep-06) (Alt 1 Oct 95) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Oct-10 52.203-13 Contractor Code of Business Ethics and Conduct Oct-15 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

Oct-18 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 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended or Proposed for Debarment Oct-15 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 Oct-18 52.212-4 Contract Terms and Conditions - Commercial Items Oct-18 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns Oct-14 52.219-8 Utilization of Small Business Concerns Oct-18 52.219-28 Post Award Small Business Program Representation Jul-13 52.222-3 Convict Labor (E.O. 1755) Jun-03 52.222-21 Prohibition of Segregated Facilities Apr-15 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation Feb-99 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 Jan-19 52.222-54 Employment Eligibility Verification Oct-15 52.222-55 Minimum Wages Under Executive Order 13658 Dec-15 52.222-62 Paid Sick Leave Under Executive Order 13706 Jan-17 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 Aug-11

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 52.232-40 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-95 252.201-7000 Contracting Officer's Representative Dec-91 252.203-7000 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-11 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

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

Oct-16 252.204-7015 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-13 252.219-7000 Advancing Small Business Growth Sep-16 252.225-7012 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) Jun-13 252.247-7003 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 (Dec 2019) (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.

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/content/part-52-solicitation-provisions-and-contract-clauses#unique_57185010

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.“Sensitive technology”— “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”— 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

(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.

(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 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 part127), 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 applicable to the NAICS code 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/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

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) 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.