HE125420Q0018 K-12 PE_Curriculum_Solicitation.docx

HE125420Q0018

Section SF 1449 - CONTINUATION SHEET

Print & Digital Instructional resources

FFP

In accordance with the Performance Work Statement (PWS) section 1.2.

FOB: Destination

PURCHASE REQUEST NUMBER: HE12540105720

NET AMT

Professional Learning

In accordance with the Performance Work Statement (PWS) section 2.1 FOB: Destination

NET AMT

Shipping (CONUS & OCONUS)

In accordance with the Performance Work Statement (PWS) section 2.2.2

NET AMT

Print & Digital Instructional resources

In accordance with the Performance Work Statement (PWS) section 1.2.

NET AMT

Professional Learning

In accordance with the Performance Work Statement (PWS) section 2.1

NET AMT

Shipping (CONUS & OCONUS)

In accordance with the Performance Work Statement (PWS) section 2.2.2

NET AMT

Print & Digital Instructional resources

In accordance with the Performance Work Statement (PWS) section 1.2.

NET AMT

Professional Learning

In accordance with the Performance Work Statement (PWS) section 2.1

NET AMT

Shipping (CONUS & OCONUS)

In accordance with the Performance Work Statement (PWS) section 2.2.2

NET AMT

Print & Digital Instructional resources

In accordance with the Performance Work Statement (PWS) section 1.2.

NET AMT

Professional Learning

In accordance with the Performance Work Statement (PWS) section 2.1

NET AMT

Shipping (CONUS & OCONUS)

In accordance with the Performance Work Statement (PWS) section 2.2.2

NET AMT

Print & Digital Instructional resources

In accordance with the Performance Work Statement (PWS) section 1.2.

NET AMT

Professional Learning

In accordance with the Performance Work Statement (PWS) section 2.1

NET AMT

Shipping (CONUS & OCONUS)

In accordance with the Performance Work Statement (PWS) section 2.2.2

NET AMT

FFP

In accordance with the Performance Work Statement (PWS) section 1.2.

NET AMT

FFP

In accordance with the Performance Work Statement (PWS) section 2.1

NET AMT

FFP

In accordance with the Performance Work Statement (PWS) section 2.2.2

NET AMT

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

320.00

6.00

1.00

25.00

6.00

1.00

25.00

6.00

1.00

25.00

6.00

1.00

25.00

6.00

1.00

25.00

6.00

1.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

28-APR-2021

SEE POINTS OF CONTACT IN THE DELIVERY ORDER

VA

PROVIDED ON DELIVERY ORDER

HE1254

28-APR-2021

HE1254

28-APR-2021

HE1254

28-APR-2022

HE1254

28-APR-2022

HE1254

28-APR-2022

HE1254

28-APR-2023

HE1254

28-APR-2023

HE1254

28-APR-2023

HE1254

28-APR-2024

HE1254

28-APR-2024

HE1254

28-APR-2024

HE1254

28-APR-2025

HE1254

28-APR-2025

HE1254

28-APR-2025

HE1254

28-APR-2026

HE1254

28-APR-2026

HE1254

28-APR-2026

HE1254

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. 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 the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a 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.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

0. ADDENDUM – INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2018)

SPECIFIC REQUIREMENTS:

This requirement will be a Single Award, Firm-Fixed-Price (FFP), Indefinite-Delivery Indefinite-Quantity contract. Performance requirements for this contract are provided in the attached Performance Work Statement (PWS) of this RFQ.

Addendum to 52.212-1 Paragraph (b) Submission of offers. In addition to those requirements as stated in this paragraph, the following are added and shall apply to the submission requirements in response to this solicitation:

Quote Structure and Content – Vendors shall submit quote packages consisting of the following separate/distinct volumes for evaluation purposes and include the content identified herein:

1. Volume 1 - Administrative Cover Letter: The cover letter shall include the following:

0. Tax identification number (TIN);

0. Dun & Bradstreet Number (DUNS)

0. Complete Business Mailing Address;

0. Cage Code/NAICS Code; and,

0. Contact Name, Phone, Fax and Email address.

0. Completed DFARS Clause: 252.239-7009, Representation of Use of Cloud Computing;

0. Vendor quote shall be firm for 120 days from the quote submission date

0. Vendor signed 1449

0. FAR 52.212-3 filled out completely

0. Completed Attachment 2 - GPAT

0. Completed Attachment 3 - DoDEA Cloud Questionnaire

0. Completed Attachment 4 - Terms of Service Addendum

2. Volume 2 - Factor 1– K- Grade 12 Physical Education Curriculum Resources Specifications:

Vendors shall provide physical and digital resources that demonstrate the vendor meets or exceeds the Governments requirements listed in Technical Exhibit (1) of the Performance Work Statement.

DoDEA will require web-based access to vendor digital resources for seven personnel to submissions.

Print materials will be returned to vendors. Vendors shall provide prepaid shipping labels in the administrative quotes. If prepaid shipping labels are not provided, the Government reserves the right to dispose of the materials.

1. Volume 2 Factor 2– Implementation and Professional Learning Approach:

Vendors shall provide a technical approach for implementation and professional learning that demonstrates the vendor meets or exceeds the Governments requirements based on the performance work statement section 2.1 and its subsections. Volume 2 shall not exceed 10 pages in length.

4. Volume 3 – Past Performance.

This quote volume shall include at least three projects and/or references that demonstrate recent and relevant past performance of similar contracts to those identified in the PWS. Recent is defined as contract performance within the last five years. Relevant is defined as work similar in size and scope to the work described in the PWS. When citing each source of past performance, the following information shall be included:

· Organization name and address

· Point of Contact name, phone number, and email

· Description of the effort to include performance dates

· Contract Number and Contract Value

Past Performance information may be obtained from any other sources available to the Government, to include, but not be limited to, the Contract Performance Assessment Reporting System (CPARS), which house Past Performance Information Retrieval System (PPIRS) and Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting system (eSRS), or other databases; and interviews with Program Managers and Contracting Officers.

4. Volume 4 – Price.

This quote volume shall:

a. Be in Microsoft Excel. All items must have a price or be marked “NSP” for “Not Separately Priced.” Each item will state the description including item descriptions (make, model, and etc.), quantity, unit, unit price, and extended total. A final total of 72 months is required in the Excel Spreadsheet. (Attachment 1, Pricing Sheet)

b. In lieu of Attachment 1, Pricing Sheet, the contractor may submit documentation that is more appropriate to their standard commercial practice. If a vendor quote includes an alternate pricing structure than what is provided, the vendor shall reference the Contract Line Item Numbers (CLINs) and Sub-CLINs in Attachment 1, Pricing Sheet. The Government may exclude quotes from further consideration if any items described in the technical quote are not included in the pricing schedule.

Quote Submission Requirements: Instructions are set forth herein for vendors to prepare and submit a quote to the Government in response to this solicitation. Vendors are strongly advised to carefully read and fully understand these instructions to ensure submission of a fully compliant and sufficiently prepared quote.

Quote Questions – Questions in regards to this Request for Quote (RFQ) shall be submitted in writing via email to the Contract Specialist (CS), Ms. Jamie Formosa at jamie.formosa@dodea.edu with the subject line, “Questions to Solicitation Number HE125420Q0018, (K-12 Physical Education Curriculum Resources)” no later than March 10th , 2020, 12:00 PM Eastern Standard Time (EST). No questions will be accepted after this cutoff.

Answers to your questions will be posted on beta.sam.gov via a solicitation amendment.

1. SUBMISSION REQUIREMENTS AND QUOTE DUE DATE (Volumes 1 - 4):

1. Submission must be sent in electronically to the Contract Specialist and the Contracting Officer on or before the closing date as identified on the SF-1449, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS, Block 8. via email to Ms. Jamie Formosa at jamie.formosa@dodea.edu and alim.koroma@dodea.edu

Note: DoDEA has a maximum email limit of 10MB. Vendors shall confirm receipt of their electronic copy by return email from the above email addresses.

1. All boxes containing materials submitted in response to this RFQ must include the following information on the label in this order:

1. Hard Copy: By the date listed in the solicitation via U.S. Postal, UPS, or FEDEX to the following address and/or email:Department of Defense Education Activity (DoDEA)

4800 Mark Center Drive Attn: Jamie Formosa/Health Education Suite 05F09-02 – Procurement Alexandria, VA 22350-1400 Telephone #: 571-372-7756 and Email: jamie.formosa@dodea.edu and alim.korma@dodea.edu

What: Example:

2. Vendors shall direct all communications to the attention of the cognizant individual(s) identified in this solicitation and any solicitation amendments. Communications with other Government personnel may compromise the integrity of this acquisition and can result in cancellation of the requirement.

2. Signature: The quote shall be signed by an official authorized to bind its organization.

2. Content Requirements: All information shall be confined to the appropriate file. The vendor shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Vendors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote.

2. The quote should not simply rephrase or restate the Government's requirements but rather shall provide convincing rationale to address how the vendor intends to meet all requirements. Vendors shall assume that the Government has no prior knowledge of their capabilities and experience, and the Government will base its evaluation solely on the information presented in the vendor’s quote.

To:

Electronic Copy by e-mail to jamie.formosa@dodea.edu and alim.koroma@dodea.edu

Subject: Questions HE1254-20-Q-0018 Electronic Copy By email to:

Jamie.formosa@dodea.edu and alim.koroma@dodea.edu

Subject: HE1254-20-Q-0018

(End of addendum to FAR 52.212-1)

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

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

Factor 1 – K- Grade 12 Physical Education Curriculum Resources Factor 2 – Implementation of Professional Learning Approach Factor 3 - Past Performance Factor 4 - Price

(b) A written notice of award or acceptance of an quote, mailed or otherwise furnished to the successful quoters within the time for acceptance specified in the quote, shall result in a binding contract withour further action by either party. Before the quoter’s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-2 ADDENDUM – EVALUATION – COMMERCIAL ITEMS (Oct 2014)

1.0 OVERVIEW

The Government anticipates issuing multiple Firm-Fixed-Price (FFP), Indefinite-Delivery/Indefinite-Quantity (IDIQ) contracts resulting from this solicitation to responsible vendor(s) whose quote(s) provides the best value to the government in accordance with Federal Acquisition Regulation (FAR), FAR Part 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisition Procedures. To make the award decision, the government will consider four evaluation factors: (1) K-12 Physical Education Curriculum Resources, (2) Professional Learning Approach; (3) Past Performance; and (4) Price.

2.0 EVAULATION FACTORS

2.1 Factor 1 – K- Grade 12 Physical Education Curriculum Resources: Vendor’s physical and digital resources will be evaluated to determine how well the vendor’s quoted resources meet or exceed the requirements specified in Technical Exhibit (1) of the PWS.

2.2 Factor 2 – Implementation of Professional Learning: Vendor’s Professional Learning Approach will be evaluated to determine how well the vendor’s quoted approach meets or exceeds requirements of the PWS section 2.1 and its subsections.

Table 1: Factors 1 and 2

2.3 Factor 3 – Past Performance

A vendor’s past performance will be evaluated as “acceptable”,” unacceptable” or “neutral”. The past performance evaluation will assess the vendor’s probability of meeting the minimum solicitation requirements. Vendors shall submit three recent and relevant past performance references with their quote and will be assigned one of the previously mentioned ratings. The assessment will be based on the vendor’s record of relevant and recent past performance information. In addition to past performance, the Government may also consider information obtained through other sources such as Contractor Performance Assessment Reporting System (CPARS).

Relevant performance includes efforts of the same or similar in size and scope that this solicitation requires; vendors should include specific examples, of relevance, if appropriate. These include efforts where the Vendor provided material similar to those outlined in the PWS. Recent efforts are defined as those efforts, which have been performed during any portion of the last five years, including those efforts currently being performed.

The Government will consider the collective record of all recent and relevant past performance in assessing a rating. In the case of an vendor without a record of past performance or for whom information on past performance is not available or so sparse that no meaningful past performance can be reasonably assigned, the vendor may not be evaluated favorably or unfavorably on past performance therefore, the vendor shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable”.

Table 2- Past Performance Rating Table:

2.4 Factor 4 – Price: Vendor’s total quoted price will be evaluated for fair and reasonable pricing in accordance with FAR 13.106-3.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)

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;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications 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 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal…