HSCG40-16-Q-11010R.docx

HSCG40-16-Q- 11010R

COMBINED SYNOPSIS / SOLICITATION

HSCG40-16-Q-11010R

110’ WPB Propellers Purchase

NOTICE FOR FILING AGENCY PROTESTS

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program may be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed

The Ombudsman Hotline telephone number is 202.372.3695.

Department of Homeland Security United States Coast Guard (CG-91) Ombudsman Program for Agency Protests Email: OPAP@uscg.mil Fax: 202-372-8447 Phone: 202-475-5786

More information about the Ombudsman Program for Agency Protests (OPAP) can be found at http://www.uscg.mil/acquisition/business/ombudsman.asp

Alternative Point of Contact:

Shean E. Mohammed Phone: (757)628-4957 E-mail: Shean.E.Mohammed@uscg.mil

The U.S. Coast Guard Surface Forces Logistics Center intends on awarding a Firm-Fixed Price Requirements type contract purchase various brand name ten Right Hand and ten Left Hand marine monobloc propellers, in support of the 110’ WPB Coastal Patrol Boats.

To assure proper Form, Fit and Function of the parts, a technical evaluation panel shall be conducted.

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement will be satisfied using FAR Part 13.5, Simplified Procedures for Certain Commercial Items.

II. This solicitation is a Request for Quotation (RFQ). Solicitation number HSCG40-16-Q-11010 is assigned to this procurement for tracking purposes only.

III. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular FAC 2005-89.

IV. The North American Industry Classification System Code is 331529, with a small business size standard of 500 employees. This combined synopsis/solicitation is being issued as total small business set-aside.

V. A list of the contract line item numbers to be acquired can be found under Attachment 2, Contractor Pricing and CLIN List for a one time purchase. Insert unit prices for all CLINs listed in the Schedule.

VI. DESCRIPTION OF THE REQUIREMENT:

This requirement is for the contractor to provide all necessary materials, equipment, and personnel to manufacture, inspect, test, report, package, pack, mark, bar-code and ship left hand and right hand five blade marine monobloc propellers in support of the 110’ WPB Coast Guard Patrol Boats. This is a onetime buy contract. The Contractor shall provide genuine parts in support of the 110’ WPB Coastal Patrol Boats. All items to be individually packaged, marked and shipped F.O.B. destination in accordance with this solicitation and the attached specification titled, Preservation, Packaging & Marking (Attachment 1).

All quotes submitted in response to this solicitation shall stand firm for 60 calendar days from the response date of this solicitation.

Contract Type: The U.S. Coast Guard (USCG), Surface Forces Logistics Center (SFLC) intends to award a single firm-fixed price delivery-order contract. Under this contract, the Coast Guard will issue a onetime buy to the contractor. This Delivery Order may be issued by mail, e-mail, facsimile, and orally (followed up in writing).

Period of Performance: All CLINS must be delivered 145 (one hundred and forty-five) days after contract is awarded

Place of Performance: The work will be performed at the Contractor’s facility.

Extent of Obligation: The Government is obligated only to the extent of this one time buy made under this contract.

VII. FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

a) The Government REQUIRES delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

CLIN

2010-01-222-2440. Manufactured, preserved, packed, packaged, marked and bar-coded in accordance with specification P-245-0612.

2010-01-222-2441. Manufactured, preserved, packed, packaged, marked and bar-coded in accordance with specification P-245-0612.

The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. Offeror shall complete Attachment 3, Offeror’s Proposed Delivery Schedule. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

CLIN

2010-01-222-2440. Manufactured, preserved, packed, packaged, marked and bar-coded in accordance with specification P-245-0612.

2010-01-222-2441. Manufactured, preserved, packed, packaged, marked and bar-coded in accordance with specification P-245-0612.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date; the offer will be considered nonresponsive and rejected.

(End of Clause)

PLACE OF DELIVERY – DESTINATION

All items shall be delivered F.O.B. Destination to the following address between the hours of 7:30 a.m and 3:30 p.m Monday through Friday:

U.S. Coast Guard Surface Forces Logistics Center

**Note: The Government reserves the right to request direct delivery. Partial shipments may be accepted.

**Note: Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense.

VIII. FAR 52.212-1, INSTRUCTIONS AND NOTICE TO OFFERORS – COMMERCIAL ITEMS (Oct 2015) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. (ADDENDUM)

A. To ensure timely and equitable evaluation of the quotation, the offeror must follow the instructions contained herein. The quotation must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

B. The contracting officer has determined there is a probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional data will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit cost and pricing data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

C. Submission of offers. Submit signed and dated quotes electronically to Shean Mohammed at Shean.E.Mohammed @uscg.mil on or before August 10, 2016, by 3:00 PM Eastern Standard Time. Documents may have to be compressed into a Zip file or sent in separate emails due to USCG email size restrictions. As a minimum, offers must show:

(1) The solicitation number;

(2) The Company Name, DUNS Number, Solicitation Number, Company Address and Point of Contact Name, Telephone Number and E-mail Address

(3) 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;

(4) Warranty Information - Standard Manufacturer’s Warranty, see Warranty section of this solicitation on page 29

(5) Price and any discount terms;

(6) 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);

(7) Acknowledgment of Solicitation Amendments;

(8) 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

D. Specific Instructions:

The quotation shall be submitted electronically with six (6) attachments:

· Attachment 1: Technical Capabilities Statement which details your ability to manufacture propellers

· Attachment 2: Past Performance

· Attachment 3: Price – Please enter pricing data to Attachment 2, Contractor Pricing and CLIN

· Attachment 4: Delivery Schedule – Please enter schedule date to Attachment 3 Offeror’s Proposed Delivery Schedule

· Attachment 5: Warranty Information – Standard Manufacturer’s Warranty

· Attachment 6: Reps. and Certs

Page Count

· Questions are due via email no later than August 03, 2016, by 12:00 Noon Eastern Standard Time to email address Shean.E.Mohammed@uscg.mil.

· Quotations are due no later than August 03, 2016, by 3:00 PM Eastern Standard Time to Shean.E.Mohammed @uscg.mil.

· All submissions shall include HSCG40-16-Q-11010 in the subject line of the email. All offerors submitting quotations must be registered and active in SAM. https://www.sam.gov at time of submittal. If you are not actively registered in SAM, your quotation will not be considered.

· Late submissions will not be accepted.

IX. FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) (ADDENDUM)

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

This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. Award shall be made to the lowest priced technically acceptable offeror.

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

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

(End of Provision) EVALUATION ***(This ection has added language to address the needed criteria each proposal must have in order for a successful evaluation)

Factor I – PRICE: The following shall be evaluated by the Price Evaluation Team (PET) and with TET members present at the request of the PET or SSA. Price evaluation shall be conducted as follows:

1. The unit price of each CLIN: shall be multiplied by the actual or estimated quantity to arrive at an estimated total cost. The total of all CLIN's, including all option year CLIN's, shall be added together to arrive at an aggregate total.

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

3. Realism: The Government will evaluate the realism of the price by assessing the compatibility of the proposal with the scope and effort. For the price to be realistic, it must reflect what it would cost the Offeror to perform the required effort, when performed with reasonable economy and efficiency. Price realism evaluation includes a review of the overall costs in the Offeror’s quotation to determine:

· If prices are realistic for the work proposed

· If prices reflect a clear understanding of the requirements; and

· If prices are consistent with the various elements of the Offeror’s quotation

4. Reasonableness: In accordance with FAR 15.101, Best Value Continuum and FAR Part 15.101-2, Lowest Price Technically Acceptable Source Selection Process, fair and reasonable determination will be made through competition of proposed prices in response to the solicitation. From the results of market research and responses from the sources sought synopsis, it is anticipated that three or more small businesses will respond to the solicitation once it is posted.

Factor II: PAST PERFORMANCE: Past performance will be evaluated on a pass/fail basis to determine the Offeror’s capability to successfully meet the performance requirements. Evaluation of past performance will be subjective, based on consideration of all relevant past performance information obtained by the Government. The Price Evaluation Team (PET) or TET members at the request of the PET or SSA will evaluate the quality of each Offeror’s past performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the Offeror’s past performance will be used to evaluate the relative capability of the Offerors to successfully meet the requirements in the specification. The Offeror shall identify at least two (2) relevant past performance references completed within the last three (3) years. Relevancy considers size and scope similar to the same type of services that are being solicited.Each Offerors past performance shall be evaluated according to the following factors:

Quality of Product or Service Schedule Business Relations Management of Key Personnel Note: The Government may use past performance information obtained from any source to evaluate past performance. All information obtained will be used to determine the offeror’s ability to perform the contract successfully.

Name of Company/Organization:

Contract Number:

Contract Type/Amount:

Period of Performance:

Description of Supply or Service:

First Point of Contact (Name):

Phone Number:

E-Mail Address:

Second Point of Contact (Name):

Phone Number:

E-Mail Address:

During the past performance evaluation, the outcome is satisfactory, neutral, or unsatisfactory. Unsatisfactory performance will disqualify an Offeror from award. In evaluating Offerors past performance, the government intends to review U.S. Coast Guard Contractor Performance Assessment Reports and other existing past performance rating on relevant contracts. General trends in an Offerors performance will also be considered. The Offerors shall include past performance information for any teaming partners to be utilized during performance and must be relevant to the scope of work they may perform under the Requirements Contract resulting from this solicitation.References other than those provided by the Offeror may be provided by the Government to obtain additional information that will be used in the evaluation of the Offeror’s past performance such as government databases and internal organization. Offerors lacking relevant past performance history will receive a Neutral Rating for past performance. The Offeror will be evaluated neither favorably nor unfavorably on past performance. Relevant Past Performance history will be rated higher than Neutral past performance. Satisfactory and Neutral are determined to be passing.

Factor III: Technical Acceptability: Technical Acceptability will be evaluated on a pass/fail basis. In order to be determined technically acceptable, the offer must clearly demonstrate capability to meet the following standard: The offeror shall submit their Technical Capability statement that demonstrates their ability to provide technically acceptable propellers for 110’ WPB class Coast Guard cutters. 1. The Offeror shall provide a written technical plan with a clear understanding and certification that their proposed solution complies with the technical requirements as stated in the specification and the Request for Proposal. Offeror shall demonstrate a professional approach to the logistics required to manufacture, test, package, pack, mark, bar-code and ship ten Right Hand and ten Left Hand propellers as required per Coast Guard specification P-245-0612 Change 3, dated 6/2013.

Consideration must be given to each of the important elements listed below:

a. (Section 2.0) – Offeror demonstrates that they are legally able to procure or possess all required drawings and technical publications or have updated copies available at their facility.

b. (Section 3.2) – Offeror shall explain how it will keep the GFP secure and out of the weather IAW with section. Offer has the ability to inspect GFP for proper operation with Coast Guard personnel.

c. (Section 3.3) – Offeror has the ability through previous experience to demonstrate they can prepare and utilize a test and inspection plan.

d. (Section 3.4) – Offeror has the ability through previous experience to demonstrate they have skill and machinery required to manufacture marine monobloc propellers IAW specifications and standards. Please provide a brief description of the propeller manufacturing, finishing equipment and methods.

e. (Section 3.5) – Offeror has the ability through previous experience to demonstrate they have the proper machinery and skill to meet chemical and mechanical properties of the propellers. Please provide a description of your process to meet these requirements.

f. (Section 3.6) – Offeror has the ability through previous experience to demonstrate they have skill and machinery required to manufacture propeller castings IAW requirements. Please provide an explanation on how the vendor will achieve this requirement.

g. (Section 3.7) – Offeror has certified welders per requirements. Please provide welders certifications per requirements for review.

h. (Section 3.8) – Offeror has the ability through previous experience to demonstrate they have skill and machinery required to properly finish machine the propellers to meet all surface and hydrodynamic finish requirements IAW specifications and drawings.

i. (Section 3.9) – Offeror has the ability through previous experience to demonstrate they have skill and machinery required to complete the hub bore inspection using instructions provided.

j. (Section 3.10) – Offeror has the ability through previous experience to demonstrate they have skill and machinery required to complete the hub bore draw inspection using instructions provided.

k. (Section 3.11) – Offeror has the ability through previous experience to demonstrate they have skill required to inspect and preserve the GFP IAW requirements. Please confirm you understand the preservation requirements and have the ability to complete the inspection and preservation as described.

l. (Section 3.12) – Offeror has the ability through previous experience to demonstrate they have skill and machinery required to surface finish requirements per specification and drawings.

m. (Section 3.13) – Offeror has the ability through previous experience to demonstrate they have skill and machinery required to balance the propellers per specification and drawings. Please explain how you will meet this requirement.

n. (Section 3.14) – Offeror has the ability through previous experience to demonstrate they have skill and machinery required to surface inspections per specification. Please explain how you will meet this requirement and the qualifications of personnel involved.

o. (Section 3.15) – Offeror has the ability through previous experience to demonstrate they have skill, tooling and machinery required to prepare a final inspection report IAW requirements.

p. (Section 4.1) – Offeror demonstrates they have an internal inspection system that meets the requirements of specification P-245-0612. Please explain your company’s inspection system.

q. (Section 4.3) – Offeror maintains an equipment calibration process traceable to National Standards as required per specification P-245-0612.

r. (Section 4.6) – Offeror will explain how they will conduct quality assurance inspection with Coast Guard personnel including the number of contractor personnel expected to assist with final quality assurance inspections. Does the Offeror have the ability to conduct quality assurance inspection and testing separate from normal shop work activities with Coast Guard QA personnel?

s. (Section 5.0) – Offeror shall explain their ability to preserve, pack, package, mark and bar-code propellers and GFP as required or will they be sub-contracting to a separate facility.

Award may be made without any type of discussions or negotiations. This is based on the Contracting Officer’s determination after an evaluation has been completed on all offers.

X. Offerors must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, with its offer.

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (July 2016)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b) (2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is; [_] is not a small business concern.

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c) (1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

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

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

[List as necessary]

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

(g)

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to 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:

(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:

(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:

(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:

(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

(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.