HQ0034-19-R-0174_--Civilian_Drug_Assessment.pdf
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- Attached to
- Civilian Drug Free Workplace Collections and Medical Review Officer (MRO) Support Services
- Solicitation number
- HQ0034-19-R-0174
- Issued by
-
DOD Washington Headquarters Service
About this file
This combined synopsis/solicitation requests proposals for Civilian Drug Free Workplace Collections and Medical Review Officer (MRO) Support Services. The Washington Headquarters Services Acquisition Directorate intends to award a hybrid firm-fixed-price and time-and-materials contract with a 12-month base period and four 12-month option periods to commence services on August 1, 2019. The North American Industry Classification System code is 621999 for "All Other Miscellaneous Ambulatory Health Care Services" and the small business size standard is $15,000,000. The solicitation number is HQ0034-19-R-0174.
Solicitation
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Other files
| File | Type | Posted |
|---|---|---|
| RFQ_HQ003419R0174_WHS_AD_Answers.xlsx | XLSX spreadsheet | |
| RFQ-HQ0034-19-R-0174_Amended_Solicitation.docx | DOCX document | |
| RFQ-HQ0034-19-R-0174_0002_Amended_Solicitation.docx | DOCX document | |
| RFQ-HQ0034-19-R-0174_0001_Amended_Solicitation.pdf | ||
| Attachment__4_PPQ.pdf | ||
| Attachment__5_SBPCD.pdf | ||
| Attachment_3_Pricing_Template.xls | XLS spreadsheet | |
| Attachment__2_NDA.pdf | ||
| Attachment__6_Performance_Work_Statement.pdf | ||
| Attachment__1_Organizational_Conflict_of_Interest.pdf | ||
| Attachment__7_Subcontracting_Plan_Format.pdf |
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Text version
HQ003419R0174
COMBINED SYNOPSIS/SOLICITATION
DRUG DEMAND REDUCTION PROGRAM (DDRP)
CIVILIAN DRUG FREE WORKPLACE COLLECTIONS
AND
MEDICAL REVIEW OFFICER (MRO) SUPPORT SERVICES
SOLICITATION NO: HQ0034-19-R-0174
This a combined synopsis/solicitation for commercial items and services prepared in accordance with the format in FAR part 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation: proposals are being requested and a written solicitation will not be issued.
1. The solicitation number is HQ0034-19-R-0174 This solicitation is a Request For Proposal (RFP).
2. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-02.
3. This acquisition will be competed as Full and Open Competition. The North American
Industry Classification System (NAICS) code is 621999, “All Other Miscellaneous
Ambulatory Health Care Services, The small business size standard is
$15,000,000.00.
The Washington Headquarters Services (WHS) Acquisition Directorate (AD), intends to procure Civilian
Drug Assessment and MRO Support Services for Drug Demand Reduction Program (DDRP). The
Government anticipates awarding a hybrid contract that consist of Firm-Fixed Price and Time & Material
(T&M) Travel Contract Line Item Numbers (CLINs) for this requirement with a 12 month base period and four (4) 12 month option periods. The anticipated performance start date is August 01, 2019. The
Contractor shall commence services after contract award. The following is a list of contract line item number(s), CLINs including Options:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 160,000 Each MRO Civilian Drug Assessment
FFP
The contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically the estimated number of reviews of Civilian Testing Designated Positions (TDPs) in accordance with the
Performance Work Statement Section 5, attached documents, and all other requirements listed in this document.
PURCHASE REQUEST NUMBER: PLL031320190214
TOT ESTIMATED PRICE
CEILING PRICE
PSC CD: Q301
0002 80,000 Each CONUS and OCONUS Collections
FFPThe contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically the estimated number of
CONUS and OCONUS collections, including scheduling and program management in accordance with the Performance Work Statement Section 5, attached documents, and all other requirements listed in this document.
0003 160,000 Each Supplies
FFP
The contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically supplies such as bottles, chains of custody, forms, mailing, and shipping for CONUS and OCONUS collections in accordance with the Performance Work Statement, attached documents, and all other requirements listed in this document.
0004 10 Each Litigation Support
FFP
The contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically Litigation Support such as documentation package preparation, telephonic consultations in accordance with Performance Work Statement Section 5.4, attached documents, and all other
0005 1 Lot $30,000.00 Travel
T&M
In accordance with FAR 31.205-46, Travel Cost, the contractor shall provide travel in support of Civilian Drug Free Workplace Collections and Medical
Review Officer Support Services in accordance with Performance Statement
Work Section 1.6.13, attached documents, and all other requirements listed in this document
Phase In Period
FFP
The Contractor shall have personnel on board, during the 10 calendar days phase-in IAW the PWS section 1.6.19. During the phase-in period, the
Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract.
1001 160,000 Each OPTION MRO Civilian Drug Assessment
FFPThe contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically the estimated number of reviews of Civilian Testing Designated Positions (TDPs) in accordance with the
Performance Work Statement Section 5, attached documents, and all other
1002 80,000 Each OPTION CONUS and OCONUS Collections
FFPThe contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically the estimated number of
CONUS and OCONUS collections, including scheduling and program
1003 160,000 Each OPTION Supplies
FFP
The contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically supplies such as bottles, chains of custody, forms, mailing, and shipping for CONUS and OCONUS
1004 10 Each OPTION Litigation Support
FFP
The contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically Litigation Support such as documentation package preparation, telephonic consultations in accordance
1005 1 Lot $30,750.00 OPTION Travel
T&M
In accordance with FAR 31.205-46, Travel Cost, the contractor shall provide travel in support of Civilian Drug Free Workplace Collections and Medical
Review Officer Support Services in accordance with Performance Statement this document.
2001 160,000 Each OPTION MRO Civilian Drug Assessment
FFPThe contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically the estimated number of reviews of Civilian Testing Designated Positions (TDPs) in accordance with the
2002 80,000 Each OPTION CONUS and OCONUS Collections
FFPThe contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically the estimated number of
CONUS and OCONUS collections, including scheduling and program
2003 160,000 Each OPTION Supplies
FFP
The contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically supplies such as bottles, chains of custody, forms, mailing, and shipping for CONUS and OCONUS
2004 10 Each OPTION Litigation Support
FFP
The contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically Litigation Support such as documentation package preparation, telephonic consultations in accordance
2005 1 Lot $31,518.75 OPTION Travel
T&M
In accordance with FAR 31.205-46, Travel Cost, the contractor shall provide travel in support of Civilian Drug Free Workplace Collections and Medical
Review Officer Support Services in accordance with Performance Statement
3001 160,000 Each OPTION MRO Civilian Drug Assessment
FFPThe contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically the estimated number of reviews of Civilian Testing Designated Positions (TDPs) in accordance with the
3002 80,000 Each OPTION CONUS and OCONUS Collections
FFPThe contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically the estimated number of
CONUS and OCONUS collections, including scheduling and program
3003 160,000 Each OPTION Supplies
FFP
The contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically supplies such as bottles, chains of custody, forms, mailing, and shipping for CONUS and OCONUS
3004 10 Each OPTION Litigation Support
FFP
The contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically Litigation Support such as documentation package preparation, telephonic consultations in accordance
3005 1 Lot $32,306.72 OPTION Travel
T&M
In accordance with FAR 31.205-46, Travel Cost, the contractor shall provide travel in support of Civilian Drug Free Workplace Collections and Medical
Review Officer Support Services in accordance with Performance Statement
4001 160,000 Each OPTION MRO Civilian Drug Assessment
FFPThe contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically the estimated number of reviews of Civilian Testing Designated Positions (TDPs) in accordance with the
4002 80,000 Each OPTION CONUS and OCONUS Collections
FFPThe contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically the estimated number of
CONUS and OCONUS collections, including scheduling and program
4003 160,000 Each OPTION Supplies
FFP
The contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically supplies such as bottles, chains of custody, forms, mailing, and shipping for CONUS and OCONUS
4004 10 Each OPTION Litigation Support
FFP
The contractor shall provide Civilian Drug Free Workplace Collections and
Medical Review Officer Support Services, specifically Litigation Support such as documentation package preparation, telephonic consultations in accordance
4005 1 Lot $33,114.39 OPTION Travel
T&M
In accordance with FAR 31.205-46, Travel Cost, the contractor shall provide travel in support of Civilian Drug Free Workplace Collections and Medical
Review Officer Support Services in accordance with Performance Statement
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government
0005 Destination Government Destination Government
0006 Destination Government Destination Government
0007 Destination Government Destination Government
0008 Destination Government Destination Government
1001 Destination Government Destination Government
1002 Destination Government Destination Government
1003 Destination Government Destination Government
1004 Destination Government Destination Government
1005 Destination Government Destination Government
1006 Destination Government Destination Government
1007 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
2003 Destination Government Destination Government
2004 Destination Government Destination Government
2005 Destination Government Destination Government
2006 Destination Government Destination Government
2007 Destination Government Destination Government
3001 Destination Government Destination Government
3002 Destination Government Destination Government
3003 Destination Government Destination Government
3004 Destination Government Destination Government
3005 Destination Government Destination Government
3006 Destination Government Destination Government
3007 Destination Government Destination Government
4001 Destination Government Destination Government
4002 Destination Government Destination Government
4003 Destination Government Destination Government
4004 Destination Government Destination Government
4005 Destination Government Destination Government
4006 Destination Government Destination Government
4007 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-AUG-2019 TO
31-JUL-2020
N/A OUSD PERSONNEL & READINESS
ERIC R. WELSH, PH.D. USN
4000 DEFENSE PENTAGON RM 2E580
WASHINGTON DC 20301
703- 697-8690
FOB: Destination
HQ0061
0002 POP 01-AUG-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-AUG-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-AUG-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-AUG-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 22-JUL-2019 TO
31-JUL-2019
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-AUG-2020 TO
31-JUL-2021
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-AUG-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-AUG-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-AUG-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 01-AUG-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-AUG-2021 TO
31-JUL-2022
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-AUG-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-AUG-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-AUG-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 01-AUG-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-AUG-2022 TO
31-JUL-2023
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-AUG-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-AUG-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 01-AUG-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 01-AUG-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-AUG-2023 TO
31-JUL-2024
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-AUG-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 01-AUG-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 01-AUG-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 01-AUG-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013
52.203-5
52.203-6
52.203-7
Covenant Against Contingent Fees
Restrictions On Subcontractor Sales To The Government
Anti-Kickback Procedures
MAY 2014
SEP 2006
MAY 2014
52.203-8
52.203-10
Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
Price Or Fee Adjustment For Illegal Or Improper Activity
52.203-11
52.203-12
Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
Limitation On Payments To Influence Certain Federal
Transactions
SEP 2007
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015
52.203-16 Preventing Personal Conflicts of Interest DEC 2011
52.203-17
52.203-18
52.204-4
Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
Prohibition on Contracting With Entities That Require Certain
Internal Confidentiality Agreements or Statements—
Representation
Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
APR 2014
APR 2014
MAY 2011
52.204-7 System for Award Management OCT 2018
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10
52.204-13
Reporting Executive Compensation and First-Tier
Subcontract Awards
System for Award Management Maintenance
OCT 2018
OCT 2016
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-17
52.208-9
Ownership or Control of Offeror
Contractor Use of Mandatory Sources of Supply or Services
JUL 2016
52.209-2 Prohibition on Contracting with Inverted Domestic
Corporations--Representation
NOV 2015
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
OCT 2015
52.209-10
52.210-1
Prohibition on Contracting With Inverted Domestic
Corporations
Market Research
NOV 2015
APR 2011
52.212-4
52.214-34
52.214-35
Contract Terms and Conditions--Commercial Items (OCT
Submission Of Offers In The English Language
Submission Of Offers In U.S. Currency
OCT 2018
APR 1991
APR 1991
52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements--
Commercial Item Acquisition
FEB 2007
52.217-5 Evaluation Of Options JUL 1990
52.222-3 Convict Labor JUN 2003
52.222-21
52.222-50
Prohibition Of Segregated Facilities
Combating Trafficking in Persons
APR 2015
MAR 2015
52.223-5
52.223-6
Pollution Prevention and Right-to-Know Information
Drug-Free Workplace
MAY 2011
MAY 2001
52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer
Products - Alternate I
JUN 2014
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.225-18 Place of Manufacture AUG 2018
52.225-20 Prohibition on Conducting Restricted Business Operations in
Sudan--Certification
AUG 2009
52.228-4
52.229-3
52.232-1
52.232-8
52.232-9
52.232-11
52.232-17
52.232-23
52.232-25
52.232-33
52.232-39
52.232-40
52.233-1
Workers' Compensation and War-Hazard Insurance Overseas
Federal, State And Local Taxes
Payments
Discounts For Prompt Payment
Limitation On Withholding Of Payments
Extras
Interest
Assignment Of Claims
Prompt Payment
Payment by Electronic Funds Transfer--System for Award
Management
Unenforceability of Unauthorized Obligations
Providing Accelerated Payments to Small Business
Subcontractors
Disputes
APR 1984
FEB 2013
APR 1984
FEB 2002
APR 1984
APR 1984
MAY 2014
MAY 2014
JAN 2017
JUL 2013
JUN 2013
DEC 2013
52.233-3
52.233-4
Protest After Award
Applicable Law for Breach of Contract Claim
AUG 1996
OCT 2004
52.237-1 Site Visit APR 1984
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-3
52.239-1
Continuity Of Services
Privacy or Security Safeguards
JAN 1991
52.242-1 Notice of Intent to Disallow Costs APR 1984
52.242-15 Stop-Work Order AUG 1989
52.245-1 Government Property JAN 2017
52.245-9
52.246-2
Use And Charges
Inspection of Supplies – Fixed Price
APR 2012
52.246-6
52.246-16
52.246-25
52.247-17
Inspection--Time-And-Material And Labor-Hour
Responsbility for Supplies
Limitation of Liability-Services
Charges
MAY
2001APR
FEB 1997
52.247-34 F.O.B. Destination NOV 1991
52.249-14
52.251-1
Excusable Delays
Government Supply Sources
52.253-1 Computer Generated Forms JAN 1991
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7003 Agency Office of the Inspector General DEC 2012
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
OCT 2015
252.211-7007 Reporting of Government-Furnished Property AUG 2012
252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010
252.215-7007 Notice of Intent to Resolicit JUN 2012
252.215-7008 Only One Offer OCT 2013
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017
252.225-7013 Duty-Free Entry--Basic MAY 2016
252.225-7041 Correspondence in English JUN 1997
252.225-7042 Authorization to Perform APR 2003
252.225-7048 Export-Controlled Items JUN 2013
252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial
Satellite Services.
DEC 2018
252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997
252.229-7999 (Dev) Foreign Contracts in Afghanistan (Deviation) JUL 2013
252.232-7007 Limitation Of Government's Obligation APR 2014
252.232-7008 Assignment of Claims (Overseas) JUN 1997
252.232-7010 Levies on Contract Payments DEC 2006
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.239-7001
252.242-7006 Accounting System Administration FEB 2012
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property DEC 2017
252.245-7003 Contractor Property Management System Administration APR 2012
252.247-7023 Transportation of Supplies by Sea FEB 2019
Information Assurance Contractor Training and Certification
Accounting System Administration
Pricing Of Contract Modifications
Tagging, Labeling, and Marking of Government-Furnished
Property
Reporting Loss of Government Property
Contractor Property Management System Administration
Transportation of Supplies by Sea
JAN 2008
FEB 2012
DEC 1991
DEC 2017
FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014)
The Contractor's representations and certifications, including those completed electronically via the System for
Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
ALTERNATE I (OCT 2014)
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 (u)) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
https://www.sam.gov/
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least
51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the
United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications 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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
http://www.sam.gov/
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the
United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB
Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each
WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the
List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana
Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri
Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts
60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB
Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy
American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of
“domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”
(2) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR
52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,”
“component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,”
“Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than
Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian
End Products) or Israeli End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—
Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United
States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at
FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Canadian End Products:
Line Item No.:
[List as necessary]
(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':
Canadian or Israeli End Products:
Line Item No.: Country of Origin:
[List as necessary]
(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
Line Item No.: Country of Origin:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products
Line Item No.: Country of Origin:
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--
(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.
Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals
Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The
Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed End Product
Listed End Product: Listed Countries of Origin:
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of…
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