HSSS01-15-R-0081_Solicitation.pdf

Table of Contents

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS. (APR 2014)

INSTRUCTION TO OFFERORS

ATTACHMENT I – STATEMENT OF WORK

ATTACHMENT II – PRICING SHEET

CONTRACT CLAUSES

CONTRACT CLAUSES

CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE:

52.202-1 Definitions. (Jul 2004) 52.203-3 Gratuities. (Apr 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (Oct 2010) 52.204-7 System for Award Management (Jul 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 3052.209-79 Representation by Corporations Regard-ing a Felony Criminal Violation under any Federal or State Law or Un-paid Federal Tax Liability (2014)

CLAUSES AND PROVISIONS INCORPORATED BY FULL TEXT:

52.212-1 Instructions to Offerors -- Commercial Items (Apr 2014) 52.212-2 -- Evaluation -- Commercial Items 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Mar 2015) 52.212-4 Contract Terms and Conditions—Commercial Items. (May 2015) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (May 2015) 52.216-1 Type of Contract. (APR 1984) 52.233-2 Service of Protest 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 3052.209-70 Prohibition on contracts with corporate expatriates. (JUN 2006) 3052.242-72 Contracting officer's technical representative. (DEC 2003) USSS 3052.204-90 Unauthorized Use of the U.S. Secret Service Name

Addendum to 52.212-1 Instructions to Offerors – Commercial Items. (APR 2014)

INSTRUCTION TO OFFERORS

The proposal submitted shall include the following:

1. Past Performance;

2. Technical Capability;

a. (Page Limit: 5 page max, cover letter not included in page count.)

3. Price.

4. Completed 52.212-3 clause or provide information to show registration in SAM

RFQ Questions shall be submitted in electronic format and emailed to Gabriella Marino, gabriella.marino@associates.usss.dhs.gov, no later than September 9, 2015 at 5:00 PM

EST.

The response shall be submitted in electronic format and emailed to Gabriella Marino, gabriella.marino@associates.usss.dhs.gov, no later than September 16, 2015, 5:00 PM EST. Hard copy proposals will not be accepted.

mailto:gabriella.marino@associates.usss.dhs.gov mailto:gabriella.marino@associates.usss.dhs.gov

Attachment I – Statement of Work

Statement of Work

1.0 General Information

1.1 Scope

The United States Secret Service has a requirement for a small boat 9.5 (meters) to enhance security for protective assignments on the water, and for the training of our rescue swimmers and small boat operators on protection details.

1.2 Background

Past protectees who spent time on the water were protected by a small boat that would follow the protectee. As the number of these type assignments increase there is a need, not only for the vessel, but for an asset that can be used to train small boat operators.

Additionally, each year the Secret Service conducts its own Rescue Swim School. The U.S.

Coast Guard helps to augment this training but is also limited in the assets that they can deploy for our training due to their own operational commitments. To have a small boat as a platform to perform rescue's and scenarios on the water has greatly enhanced our training independence.

1.3 Security Requirements

The contractor and his/her employees and sub-contractors shall be citizens of the United States.

1.4 Definitions

RSS- Rescue Swim School USSS- United States Secret Service

1.5 Government Furnished Property

None

1.6 Place of Delivery

The vessel shall be received at:

U.S. Coast Guard Station 3425 Thomas Point Rd.

Annapolis, MD By water NLT 145 days from contract award.

1.7 Travel

The Government shall not be responsible for any Contractor travel associated with the completion of this requirement.

1.8 Acceptance

The COR will be on location when the vessel is delivered. The COR will check that the vessel has all electronics installed and operational per the SOW. The COR will also ensure that the vessel is in compliance with all other elements of the SOW to include accessories. (Trailer, Wireless headsets, Secure weapons storage, two stokes baskets). The COR will also check for the plan for vessel commissioning and basic training package. All equipment on the vessel will be checked for proper operation to include engines and will include a test ride.

2.0 Specific Requirements

The Contractor shall deliver the following vessel, as specified below:

2.1 RHIB

• Length Overall: 9.5 meters (31.168 ft.)

• Overall Beam: 3.17 meters (10.4 ft.)

• Internal Length: 8.35 meters (27.4 ft.)

• Internal Beam: 2.05 meters (6.7 ft.)

• Hull Material: Fiberglass

• Hull Shape: Concave Reverse Chine

• Gelcoat Color: Grey

• Tubular Outboard Motor Guard

• Aft A-Frame Electronics Equipment Arch

2.2 Tube Set:

• Pneumatic, seven separate air compartments

• Tube-set Diameter: Not To Exceed (NTE) 550mm (21.65”)

• Hypalon Neoprene 1670 Dtex Thickness Orca 866, Color Black

• “US Secret Service” printed on port and starboard bow (Color: Grey)

• External Molded rubber handles

• External and internal grab lifelines

• Removable Diver Door (port side for litter retrieval)

• Diver Notch (starboard side)

• Neoprene Step Threads in black color,

• Black color, triple height, fendering rub-stakes on tube-sets

2.3 Deck

• Anchor and anchor locker

• (3) U Bolts (1 bow, 2 transom)

• Fuel capacity: Twin tanks, 180 Gallons total

• Aft tow-post

• LED Navigation lights

• LED white all around anchor light

• Signal horn

• Twin Bilge pump, with automatic Float Switch

• Tube Repair kit

• Self-draining deck

• Offshore Compass

• Heavy duty lifting points (2 foredeck, 2 aft deck)

2.4 Console/Seating

• Two person Center console with forward bench sear to be located as far forward as possible to maximize rear deck space for litters, Console should have hand railing and low profile windscreen

• Two (2) operator straddle type seats located at the console

• Full T-top with extended removable canopy that may extended over rear deck

• Removable (with tools) Jockey S-style Straddle Seating for four (4) persons aft of two seats at console (no shock absorption needed)

• Forward Samson post

• Rear bench seating

2.5 Electronics (on a brand-name or equal basis)

• Garmin multifunction chart plotter

• Garmin 18 NM Radar

• Garmin Automated Identification System (AIS) 300

• VHF and AIS Antennae

• VHF Radio (Garmin 200 VHF Radio with DSC)

• Extra radio mount and dedicated circuit for USSS supplied radio

• Blue LED police light bar

• Whelen Siren System

• (2) Automotive Style Accessory Receptacle

• Remote controlled searchlight

• Floodlighting for side and rear of vessel

• On Board battery bank charger with shore tie receptacle

• Safety Equipment (fire extinguishers/Throwable ring buoys)

2.6 Power

• (2) Twin 300 HP ETEC G2 2 Stroke outboard engines with 25” shaft lengths

• Stainless Steel Propellers

• Hydraulic Steering

2.7 Accessories

• I beam Aluminum, tandem-axel, bunk-style boat trailer

• Marinized Wireless Headset Crew Communications system for four (4) end-users with full duplex integration for VHF and USSS radios

• Secure Weapons Long Arm Storage Arrangement

• Boat commissioning and basic training package

• Two (2) Stokes baskets

Attachment II – Pricing Sheet

RHIB Quantity Price Length Overall: 9.5 meters (31.168 ft.) 1

Overall Beam: 3.17 meters (10.4 ft.) 1

Internal Length: 8.35 meters (27.4 ft.) 1

Internal Beam: 2.05 meters (6.7 ft.) 1

Hull Material: Fiberglass 1

Hull Shape: Concave Reverse Chine 1

Gelcoat Color: Grey 1

Tubular Outboard Motor Guard 1

Aft A-Frame Electronics Equipment Arch 1

Subtotal

Tube Set: Quantity Price Pneumatic, seven separate air compartments 1

Tube-set Diameter: Not To Exceed (NTE) 550mm (21.65”)

Hypalon Neoprene 1670 Dtex Thickness Orca 866, Color Black

“US Secret Service” printed on port and starboard bow (Color: Grey)

External Molded rubber handles 1

External and internal grab lifelines 1

Removable Diver Door (port side for litter retrieval)

Diver Notch (starboard side) 1

Neoprene Step Threads in black color, 1

Black color, triple height, fendering rub-stakes on tube-sets

Deck Quantity Price Anchor and anchor locker 1

U Bolts (1 bow, 2 transom) 3

Fuel capacity: Twin tanks, 180 Gallons total 1

Aft tow-post 1

LED Navigation lights 1

LED white all around anchor light 1

Signal horn 1

Twin Bilge pump, with automatic Float Switch 1

Tube Repair kit 1

Self-draining deck 1

Offshore Compass 1

Heavy duty lifting points (2 foredeck, 2 aft deck) 1

Console/Seating Quantity Price Two person Center console with forward bench sear to be located as far forward as possible to maximize rear deck space for litters, Console should have hand railing and low profile windscreen operator straddle type seats located at the console 2

Full T-top with extended removable canopy that may extended over rear deck

Removable (with tools) Jockey S-style Straddle Seating for four (4) persons aft of two seats at console (no shock absorption needed)

Forward Samson post 1

Rear bench seating 1

Electronics (on a brand-name or equal basis) Quantity Price Garmin multifunction chart plotter 1

Garmin 18 NM Radar 1

Garmin Automated Identification System (AIS)

VHF and AIS Antennae 1

VHF Radio (Garmin 200 VHF Radio with DSC) 1

Extra radio mount and dedicated circuit for USSS supplied radio

Blue LED police light bar 1

Whelen Siren System 1

Automotive Style Accessory Receptacle 2

Remote controlled searchlight 1

Floodlighting for side and rear of vessel 1

On Board battery bank charger with shore tie receptacle

Safety Equipment (fire extinguishers/Throwable ring buoys)

Power Quantity Price Twin 300 HP ETEC G2 2 Stroke outboard engines with 25” shaft lengths

Stainless Steel Propellers 1

Hydraulic Steering 1

Accessories Quantity Price I beam Aluminum, tandem-axel, bunk-style boat trailer

Marinized Wireless Headset Crew Communications system for four (4) end-users with full duplex integration for VHF and USSS radios

Secure Weapons Long Arm Storage Arrangement 1

Boat commissioning and basic training package 1

Stokes baskets 2

Contract Clauses Contract Clauses

Clauses and Provisions Incorporated by Reference:

52.202-1 Definitions. (Jul 2004)

52.203-3 Gratuities. (Apr 1984)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (Oct 2010)

52.204-7 System for Award Management (Jul 2013)

52.204-13 – System for Award Management Maintenance.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

3052.209-79 Representation by Corporations Regard-ing a Felony Criminal Violation under any Federal or State Law or Un-paid Federal Tax Liability (2014)

Clauses and Provisions Incorporated by Full Text:

52.212-1 Instructions to Offerors -- Commercial Items (Apr 2014)

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

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

(2)

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

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

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

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

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

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

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

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

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

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

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section

Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925)

Facsimile (202 619-8978).

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

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

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

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

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

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by— https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/

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

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

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

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

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

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

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

(4) A summary of rationale for award;

https://assist.dla.mil/wizard/index.cfm http://fedgov.dnb.com/webform https://www.acquisition.gov/

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

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

(End of Provision)

52.212-2 -- Evaluation -- Commercial Items.

Evaluation -- Commercial Items (Oct 2014)

(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:

Source Selection Factors/Criteria

Solicitation HSSS01-15-R-0081 is anticipated to be released in accordance with the attached Statement of Work. The solicitation will specify that award shall be made based on a lowest price, technically acceptable basis. The Government will be evaluating:

1. Past Performance;

2. Technical Capability;

a. Fulfillment of SOW Requirements;

3. Price.

Source Selection Overview

The responses received under this Request for Quote (RFQ) will be evaluated in accordance with the instructions contained in this source selection plan. Award will be based on a lowest-price, technically-acceptable basis. Award will be made via a firm-fixed price contract to the Offeror presenting, in the judgment of the Government, the most advantageous offer to the Government.

Past Performance (Page Limit: 3 page max.)

The Government will conduct a past performance evaluation based upon the relevant past performance of the offeror and any subcontractors as it relates to the probability of successful accomplishment of the work required by the solicitation. The contractor shall submit three references for past performance.

The offeror shall also provide their past achievements, awards, experience with other government agencies providing like programs, and how many years’ experience in providing similar products.

The government reserves the right to pull relevant past performance information from PPIRS for evaluating past performance.

The submission of all references shall include the following information:

1. Contract Number(s)

2. Name, email address, and phone number of a point of contact at the Federal, State, Local

Government or Commercial entity for which the contract was performed.

3. Dollar value of the Contract.

4. Detailed description of the work performed.

5. Names of subcontract(s) used, if any, and a description of the extent of work performed by the subcontract(s).

6. The number, type and severity of any quality, delivery or cost problems in performing the contract, the corrective action taken and the effectiveness of the correct action.

The Government shall assess risks associated with offeror’s past performance in the following areas:

A. Timely delivery of services.

B. Technical quality.

C. Business-like concern for the interests of the customer.

Each performance risk assessment of the areas listed above will consider the number and severity of problems, the effectiveness of corrective actions taken and the overall work record. Problems not addressed by the offeror will be considered to still exist. However, the degree to which the offeror can demonstrate that it has successfully applied continuous systemic improvement to resolve past performance problems will be evaluated. Under this factor, the USSS will evaluate how well an offeror has performed similar work before. The assessment of performance risk is not intended to be the product of a mechanical or mathematical analysis of an offeror’s performance on a list of contracts, but rather the product of subjective judgment of the evaluators after it considers all available, relevant and recent information. Any deficiences found in past performance but were found to be corrected that resulted in a successful contract will be taken into consideration, but may not reflect a negative rating if it was corrected. Deficiencies found that resulted in a negative impact to the Government and the successful outcome of past contracts will result in a negative rating.

A. Technical Capability B. Fulfillment of SOW Requirements (Page Limit: 5 page max, cover letter not included in page count.)

a. The contractor shall submit a Technical Proposal that provides sufficient detail to allow a complete one-for-one evaluation of the proposed methods for satisfying all the requirements of the SOW. Any deviation from the requirements of the RFQ must be discussed in detail to include why it is in the government’s interest to consider the deviation.

C. Price

a. For evaluation purposes, the Total Evaluated Price will be the sum of all CLIN amounts and prices proposed to include options. In addition, for evaluation purposes, adjustments the Government deems appropriate will be made to include Government costs required to accomplish the offeror’s proposed approach with the exception of those costs to the Government that are equal across all offerors. The proposed unit prices and the Total Evaluated Price as previously defined will be evaluated for reasonableness. Also, each offeror’s Price proposal will be evaluated to determine if it is consistent with the offeror’s technical approach and reflects a clear understanding of the solicitation requirements.

Inconsistencies between the Technical and Price proposals may be assessed as proposal risk under the Technical evaluation.

PROSPECTIVE CONTRACTOR RESPONSIBILTY:

In accordance with Federal Acquisition Regulation (FAR) 9.1, the Contracting Officer shall award contracts only to a responsible offeror. No purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility.

Attachments

I. Statement of Work II. Pricing Sheet

(End of Provision)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Mar 2015) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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.

“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 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 http://www.acquisition.gov. After reviewing the SAM database 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), 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 (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) 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) of this provision) as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, 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…