Solicitation-_released.docx

M0026419Q0174

Section SF 1449 - CONTINUATION SHEET

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

GENERAL INTENTION. Marine Corps Installations – National Capital Region (MCI-NCR) has a requirement for Chow Hall furniture and supplies for the Marine Corps CBIRF in Indian Head, MD. In accordance with FAR Part 12 and FAR Part 13, the MCI-NCR Regional Contracting Office is issuing a solicitation for the acquisition of chow hall furniture and decor. Required specifications are listed in Schedule of Supplies/Services within this solicitation.

PROCUREMENT APPROACH: The Contractor’s quoted item descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services. A single firm-fixed price contract will be issued and it is the Government’s intent to award on an “all-or-none” basis to satisfy this requirement.

SITE VISIT: A site visit will be arranged to allow the interested contractors/vendors to get a better understanding of what exactly is needed by the government. The date for this site visit is September 23, 2019 at 10:00 AM EST but we ask all contractors to arrive by 9:00 AM EST in order to get all Base Access requirements settled. Please contact the Contracting Chief, GySgt Angel Rodriguez, if you are interested in participating in this site visit. Send your request to the Contracting Chief, GySgt Angel Rodriguez angel.d.rodriguez@usmc.mil and he can be reached at 813-732-4880, at that time the requirements for Base access will be provided. All contractors shall meet at the Front Gate/Visit Center at 101 Strauss Avenue, indian Head, MD 20640.

PAYMENT TERMS: NET 30. Invoices must be submitted via the Wide Area Workflow (WAWF) in accordance with DFARS 252.232-7006.

REQUIRED DELIVERY/PERIOD OF PERFORMANCE: September 30, 2019 – December 30, 2019 Delivery address is listed in the “ATTACHMENT”.

POC: To be provided at time of award TECHNICAL COMPLIANCE: To ensure technical compliance:

FAR 52.212-2 ADDENDUM – EVALUATION – COMMERCIAL ITEMS

SUBMISSION OF QUESTIONS: All questions shall be submitted no later than Tuesday, September 24, 2019 by 3:00 PM EST . Questions shall be submitted via email to Rufus.lassiter@usmc.mil. Any questions received after this period will not be accepted or answered. Once questions are answered by the Technical Representative of the Requiring Activity, the questions and answers will be posted on the FBO notice by Wednesday, September 25, 2019 for all potential contractors to see to eliminate any duplicate questions.

SUBMISSION OF QUOTES: Quotes shall be submitted no later than Friday, September 27, 2019 at 10:00 AM EST. Quotes shall be submitted electronically email to Rufus Lassiter at Rufus.lassiter@usmc.mil . Quoters are responsible for ensuring their quotes have been submitted timely. Delivery delays that cause a quote to be late are not the responsibility of the Government agency.

EVALUATION. Award will be made to the Lowest Price Technically Acceptable quote. The Government intends to make a single Firm Fixed Price order to satisfy this requirement. The Government reserves the right to award no contract at all, depending on the quality of offers submitted.

The Government intends to evaluate quotes and award a delivery order without discussions with vendors. Vendors should not expect requests for clarification or additional information from the Government. Award will be based on the initial evaluation of quotes received in response to the solicitation. Therefore, quoters are cautioned that their initial quotes should contain their best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions with vendors if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; and may waive informalities and minor irregularities in quotes received.

Evaluation of quotes will be conducted on a lowest-priced, technically acceptable basis. The following ratings/definitions will be utilized when evaluating quotes:

The Government may use information such as Contractor Performance Assessment Reporting System (CPARS), DoD PPIRS and the FAPIIS data available from Government sources to evaluate a Quoter's past performance.

PRICING

The price quote should avoid ambiguities of inclusion, exclusion, or content. Freight or delivery cost must be included in the quoters overall price.

The Government will evaluate Quoter’s quoted prices, but this factor will not be given an adjectival rating. Quotes will be evaluated on completeness, accuracy, and reasonableness. Evaluation of the quoted prices for the services will be based on a comparison of quoted prices received in response to the solicitation and may also be based on a comparison to the Independent Government Cost Estimate (IGCE) along with any other relevant price analysis techniques defined in FAR 15.404-1(b). Note, that while FAR Part 15 does not apply to this procurement, the price analysis techniques defined in FAR 15.404-1 will be utilized as appropriate.

Completeness and Accuracy. The Government will review the pricing tables for completeness and accuracy. A determination will be made as to whether the Quoter properly completed the pricing tables. The Quoter’s quote will be checked for mathematical correctness to include the following:

1) Checking arithmetic in all computations; and

2) Ensuring all prices are summarized correctly

3) Pricing shall not exceed two decimal places for cents.

SUPPLY LIST

Supply List

0001:

Supplies 36" x 54" Wood Table Top, Rectangular

- Table Top, rectangular, 36" x 54", 1‐1/4" eased edge -1‐1/4" wide continuous strips with no end‐ to‐end joints, maple, stain color for ease of cleaning

- Butcher block, ultraviolet cured top coat or equivalent for durability -Color: Maple, wood stain -Standard stain to be specified -Manufacturer’s warranty must be specified

- Warranty: Furniture requires a minimum 7 year life expectancy/warranty for furniture and furnishings provided based on comparability with similar industry standards such as BIMFA and ANSI

- Warranty: In addition to the implied warranty specified at FAR 52.212-4 (o) and any manufacturer’s warranty, the Contractor shall warrant the items for a minimum of 90 days after the acceptance of the items.

- Min 3" diameter columns with welded cross bar between columns for long rectangular tops up to 36" wide x 60" long

- Dining height, with assembly

- Powdercoat finish to be specified by customer

- Self‐leveling glides for easy adjustment

- Warranty: Furniture requires a minimum 7 year life expectancy/warranty for furniture and furnishings provided based on comparability with similar industry standards such as BIMFA and ANSI

- Warranty: In addition to the implied warranty specified at FAR 52.212-4 (o) and any manufacturer’s warranty, the Contractor shall warrant the items for a minimum of 90 days after the acceptance of the items.

- 1‐1/4" wide continuous strips with no end‐ to‐end joints, maple, stain color for ease of cleaning

- Butcher block, ultraviolet cured top coat or equivalent for durability

- Color: Maple, wood stain

- Standard stain to be specified

- Manufacturer’s warranty must be specified

- Warranty: Furniture requires a minimum 7 year life expectancy/warranty for furniture and furnishings provided based on comparability with similar industry standards such as BIMFA and ANSI

- Warranty: In addition to the implied warranty specified at FAR 52.212-4 (o) and any manufacturer’s warranty, the Contractor shall warrant the items for a minimum of 90 days after the acceptance of the items.

Metal Table Base, Dining Height

- Table Base, Cross, 22" x 30" base spread

- Min 3" diameter column with welded cross bar to fit top size: 24" x 36"

- Dining height (28‐1/2") with assembly

- Powdercoat finish to be specified by customer

- Self‐leveling glides for easy adjustment

- Warranty: Furniture requires a minimum 7 year life expectancy/warranty for furniture and furnishings provided based on comparability with similar industry standards such as BIMFA and ANSI

- Warranty: In addition to the implied warranty specified at FAR 52.212-4 (o) and any manufacturer’s warranty, the Contractor shall warrant the items for a minimum of 90 days after the acceptance of the items.

- Min 3" diameter column with welded cross bar to fit top size: 24" x 36"

- Bar height, 42” with assembly

- Powdercoat finish to be specified by customer

- Self‐leveling glides for easy adjustment

- Warranty: Furniture requires a minimum 7 year life expectancy/warranty for furniture and furnishings provided based on comparability with similar industry standards such as BIMFA and ANSI

- Warranty: In addition to the implied warranty specified at FAR 52.212-4 (o) and any manufacturer’s warranty, the Contractor shall warrant the items for a minimum of 90 days after the acceptance of the items.

-1‐1/4" wide continuous strips with no end‐ to‐end joints, maple, stain color for ease of cleaning

- May require modification from standard size: 36" X 144"

- May be made in 2 sections and joined with secure hardware on site

- Butcher block, ultraviolet cured top coat or equivalent for durability -Color: Maple, wood stain -Standard stain to be specified -Manufacturer’s warranty must be specified

- Warranty: Furniture requires a minimum 7 year life expectancy/warranty for furniture and furnishings provided based on comparability with similar industry standards such as BIMFA and ANSI

- Warranty: In addition to the implied warranty specified at FAR 52.212-4 (o) and any manufacturer’s warranty, the Contractor shall warrant the items for a minimum of 90 days after the acceptance of the items.

- Min 3" diameter column with welded cross bar to fit long rectangular table tops up to 36" wide (Note: 4 bases of this size are required to fit 36” x 144” rectangular table top

- Dining height (28‐1/2") with assembly

- Powdercoat finish to be specified by customer

- Self‐leveling glides for easy adjustment

- Warranty: Furniture requires a minimum 7 year life expectancy/warranty for furniture and furnishings provided based on comparability with similar industry standards such as BIMFA and ANSI

- Warranty: In addition to the implied warranty specified at FAR 52.212-4 (o) and any manufacturer’s warranty, the Contractor shall warrant the items for a minimum of 90 days after the acceptance of the items.

- 1‐1/4" wide continuous strips with no end‐ to‐end joints, maple, stain color for ease of cleaning

- May require modification from standard size: 36" X 144"

- Butcher block, ultraviolet cured top coat or equivalent for durability

- Color: Maple, wood stain

- Standard stain to be specified

- Manufacturer’s warranty must be specified

- Warranty: Furniture requires a minimum 7 year life expectancy/warranty for furniture and furnishings provided based on comparability with similar industry standards such as BIMFA and ANSI

- Warranty: In addition to the implied warranty specified at FAR 52.212-4 (o) and any manufacturer’s warranty, the Contractor shall warrant the items for a minimum of 90 days after the acceptance of the items.

- Min 3" diameter column with welded cross bar to fit long rectangular table tops up to 36" wide (Note: 2 bases of this size are required to fit 36” x 72” rectangular table top

- Dining height (28‐1/2") with assembly

- Powdercoat finish to be specified by customer

- Self‐leveling glides for easy adjustment

- Warranty: Furniture requires a minimum 7 year life expectancy/warranty for furniture and furnishings provided based on comparability with similar industry standards such as BIMFA and ANSI

- Warranty: In addition to the implied warranty specified at FAR 52.212-4 (o) and any manufacturer’s warranty, the Contractor shall warrant the items for a minimum of 90 days after the acceptance of the items.

- Upholstered back, upholstered seat, wood top cap, finished outside back

- (2) finished wood end panels, black hard rubber lower base

- Made in the USA

- Seat and Headroll Faux Leather

- Vertical Channel Inside Back, Upholstery

- Wood End Caps‐ Standard Stain

- Flat Wood Top Cap, standard stain

- Corner protectors, satin stainless below seat on outside corners

- Warranty: Furniture requires a minimum 7 year life expectancy/warranty for furniture and furnishings provided based on comparability with similar industry standards such as BIMFA 3and ANSI -8 Warranty: In addition to the implied warranty specified at FAR 52.212-4 (o) and any manufacturer’s warranty, the Contractor shall warrant the items for a minimum of 90 days after the acceptance of the items.

- Upholstered back, upholstered seat, wood top cap, finished outside back

- (2) finished wood end panels, black hard rubber lower base

- Made in the USA

- Seat and Headroll Faux Leather, or similar in style

- Vertical Channel Inside Back, Upholstery

- Wood End Caps‐ Standard Stain

- Flat Wood Top Cap, standard stain

- Corner protectors, satin stainless below seat on outside corners

- Warranty: Furniture requires a minimum 7 year life expectancy/warranty for furniture and furnishings provided based on comparability with similar industry standards such as BIMFA and ANSI

- Warranty: In addition to the implied warranty specified at FAR 52.212-4 (o) and any manufacturer’s warranty, the Contractor shall warrant the items for a minimum of 90 days after the acceptance of the items.

- Upholstered seat with foam

- Steel frame, with footrest

- Non‐marring clear butyrate glides (flat front/rear rocker)

- Warranty: 7-year standard structural frame warranty

- Frame finish ‐ Standard powdercoat finish

- Seat Faux Leather, or similar in style

- Wood back ‐ Standard stain to be specified by customer

- Footrest cover finish to be specified by customer

- Warranty: In addition to the implied warranty specified at FAR 52.212-4 (o) and any manufacturer’s warranty, the Contractor shall warrant the items for a minimum of 90 days after the acceptance of the items.

- Upholstered seat with foam

- Steel frame, with footrest

- Non‐marring clear butyrate glides (flat front/rear rocker)

- Warranty: 7-year standard structural frame warranty

- Frame finish ‐ Standard powdercoat finish

- Seat Faux Leather, or similar in style

- Wood back ‐ Standard stain to be specified by customer

- Footrest cover finish to be specified by customer

- Warranty: Furniture requires a minimum 7 year life expectancy/warranty for furniture and furnishings provided based on comparability with similar industry standards such as BIMFA and ANSI

- Warranty: In addition to the implied warranty specified at FAR 52.212-4 (o) and any manufacturer’s warranty, the Contractor shall warrant the items for a minimum of 90 days after the acceptance of the items.

- Upholstered seat, wrap around arms

- Steel column with aluminum base, black twin wheel casters

- Faux Leather Upholstery, Min grade 14 for durability

- Warranty: 7-year standard structural frame warranty

- Powdercoat finish to be specified by customer

- Warranty: In addition to the implied warranty specified at FAR 52.212-4 (o) and any manufacturer’s warranty, the Contractor shall warrant the items for a minimum of 90 days after the acceptance of the items.

- Sizes to be approved to fit wall display

- Images to be approved by end user -(18) set wall décor artwork

- (2) 42" x 42" prints

- (6) 30" x 36" prints

- (6) 18" x 24" prints

- (4) 36" x 36" prints

- Antique Bronze partition post assembly with grooved channel

- 2" OD flat top posts

- Total assembly is 36' in length and posts are to be 16" H, with u‐channel to hold (9) 3/8" tempered glass panels with etched logo and border

Decor, Window Treatments (Solar Shades & Valances)

- Similar or equal to Rooms Made Perfect Model No. WINDOW

- Tailor Solar Shade:

- Manual Operation with Beaded Chain

- Material: Crosshatch A500 5% Open,

- 6 ea SHADE 60" W x 96" L

- 2 ea SHADE 52" W x 96" L

- 8 ea SHADE 48" W x 52" L

- 2 ea SHADE 47" W x 96" L

- 1 ea SHADE 51" W x 96" L

- Tailored Valance

- Board mounted on 1x4,

- Pleats spaced every 24‐36"

- Blackout lined

- Color‐White

- Fabric: Mid Grade, Upholstery

- 6 ea VALANCE 68" W x 18" L

- 1 ea VALANCE 110" W x 18"L

- 1 ea VALANCE 104" W x 18" L

- 2 ea VALANCE 172" W x 18" L

- 44 ea L BRACKET 3x3 brackets to mount valances

Color: Proposed décor color schemes for all items will require final selection by the Food Service Office to ensure the color scheme/theme meets existing décor in the mess hall. Approval is required for all colors, upholsteries, frame finishes, etc. Contractor should provide color options in quote.

All color options and finishes will be selected with-in 10 calendar days after contract award. Artwork images will be specified/approved by end user with-in 10 calendar days after contract award.

- Dimensions: 201 linear feet

- Gunmetal finish

CLIN 0002:

Installation & Removal Installation

· Installation services to include: Assembly and installation of all dining facility furniture and décor quoted above.

- All work will be completed in one phase.

· Contractor to remove existing furniture to installation supplied truck on site.

· Contractor to offload and oversee inside delivery of all décor and furniture quoted above.

· Contractor to remove all debris and packaging material to the outside of the building and to onsite dumpster.

· Contractor to arrange logistics of shipping & installation.

· Installation to be performed by factory trained personnel as not to void the factory warranty.

· Installation of window treatments includes final measure, install, dispose of all packaging material, inspect installed product for proper operation, and clean up installation debris. Includes removal of existing window treatments.

Color: Proposed décor color schemes for all items will require final selection by the customer to ensure the color scheme/theme meets existing décor in the mess hall. Approval is required for all colors, upholsteries, frame finishes, etc. Contractor should provide color options in quote.

All color options and finishes will be selected with-in 10 calendar days after contract award. Artwork images will be specified/approved by end user with-in 10 calendar days after contract award.

· The quoted price for each item listed in this solicitation shall include all shipping costs to the final destination.

- Price shall include door-to-door shipping, handling and all related costs to Building 902, 101 Strauss Ave, Indian Head, MD 20640-5035

- FOB: Destination

Furniture & Decor

FFP

Furnishings to include table tops and bases, booth seating, chairs, and bar stools. Decor to include artwork, room divider screen partition, wall coverings, window treatments. Please see attached Supply List for details.

FOB: Destination

MILSTRIP: M2036419SUMS8AA

PURCHASE REQUEST NUMBER: M2036419SUMS8AA

PSC CD: 7195

NET AMT

Installation & Removal

Installation and assembly of all furniture and decor. Removal of all existing furniture and decor. Please see attached Supply List for details.

FOB: Destination

MILSTRIP: M2036419SUMS8AA

PURCHASE REQUEST NUMBER: M2036419SUMS8AA0001

NET AMT

Freight/Shipping

Any costs related to shipping and/or freight of all items quoted in this requirement.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

(a) Definitions. As used in this provision--

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that--

It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

(a) Definitions. As used in this clause--

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

(a) Definitions. As used in this provision --

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal 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.