M00318-20-R-0001 LPG Released.doc

Section SF 1449 - CONTINUATION SHEET

NOTICE TO OFFERORS

NOTICE TO OFFERORS

1. See FAR provision 52.212-1 and the Addendum to 52.212-1 for instructions to offerors for the required documents to be submitted with the Offeror’s proposal and other related information.

2. See the Evaluation provision 52.212-2 and the Addendum to 52.212-2 for information on the evaluation criteria and how the Offeror’s proposal will be evaluated.

3. This is a notice that this requirement is unrestricted.

4. ALL AMENDMENT requests and/or questions must be in writing and e-mailed, mailed or faxed no later than 2:00 P.M. Hawaii Standard Time, 13 February 2020 to:

Marine Corps Base Hawaii

Regional Contracting Office Hawaii

Attn: Steven Takasaki

Box 63063, Bldg. 209

Kaneohe HI 96863-3063

Phone: 808-257-5716

Fax: 808-257-2350

E-mail Address: steven.takasaki@usmc.mil

LPG Grade HD5

FP-EPA

Provide Liquified Petroleum Gas (LPG) Grade HD5 per the SOW.

COLOR: Clear

PURCHASE REQUEST NUMBER: M0031219SULPG20

EST. NET AMT

0001AA

LPG Grade HD5

FP-EPA

Provide Liquified Petroleum Gas (LPG) Grade HD5 per the SOW.

The maximum number of requested contract unit price adjustments shall not exceed one (1) per annum based on the contract performance effective date. Exception to the maximum number of adjustments is if there is a significant change to the current contract unit price at +/- 10% or more, the contractor shall submit an adjustment request to the Contracting Officer within 10 work days of the change. The adjusted price shall remain fixed until superseded.

FOB: Destination

PSC CD: 6830

124 Gallon Tank Rental

FFP

Provide 2 each 124 gallon tanks IAW the SOW

2 Tanks X 60 Months = 120 Months

FOB: Destination

PURCHASE REQUEST NUMBER: M0031219SULPG20PSC CD: W035

ESTIMATED

NET AMT

250 Gallon Tank Rental

Provide 2 each 250 gallon tanks IAW SOW

2 Tanks X 60 Months = 120 Months

ESTIMATED

288 Gallon Tank Rental

Provide 1 each 288 gallon tank IAW the SOW

1 Tank X 60 Months = 60 Months

ESTIMATED

499 Gallon Tank Rental

Provide 25 each 499 gallon tanks IAW the SOW

25 Tanks X 60 Months = 1,500 Months

ESTIMATED

1150 Gallon Tank Rental

Provide 12 each 1150 gallon tanks IAW the SOW

12 Tanks X 60 Months = 720 Months

ESTIMATED

2000 Gallon Tank Rental

Provide 4 each 2000 gallon tanks IAW the SOW

4 Tanks X 60 Months = 240 Months

ESTIMATED

FP-EPA

Provide Liquified Petroleum Gas (LPG) Grade HD5 per the SOW.

PURCHASE REQUEST NUMBER: M0031219SULPG20

1001AA

FP-EPA

Provide Liquified Petroleum Gas (LPG) Grade HD5 per the SOW.

The maximum number of requested contract unit price adjustments shall not exceed one (1) per annum based on the contract performance effective date. Exception to the maximum number of adjustments is if there is a significant change to the current contract unit price at +/- 10% or more, the contractor shall submit an adjustment request to the Contracting Officer within 10 work days of the change. The adjusted price shall remain fixed until superseded.

FOB: Destination

PSC CD: 6830

FFP

Provide 2 each 124 Gallon Tank Rentals IAW the SOW

2 Tanks X 60 Months = 120 Months

ESTIMATED

FFP

Provide 2 each 250 Gallon tanks IAW the SOW

2 Tanks X 60 Months = 120 Months

ESTIMATED

FFP

Provide 1 each 288 Gallon tank rental IAW the SOW

1 Tank X 60 Months = 60 Months

ESTIMATED

FFP

Provide 25 each 499 Gallon tank rentals IAW the SOW

25 Tanks X 60 Months = 1,500 Months

ESTIMATED

FFP

Provide 12 each 1150 Gallon tank rentals IAW the SOW

12 Tanks X 60 Months = 720 Months

ESTIMATED

FFP

Provide 4 each 2000 Gallon tank rentals IAW the SOW

4 Tanks X 60 Months = 240 Months

ESTIMATED

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$250,000.00

$9,700,000.00

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

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

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001AA

1001AA

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

MERLINDA BERTUBIN

MARINE COPRS BASE HAWAII

BLDG 242

KANEOHE BAY HI 96863-3063

808-257-6888

M00318

31-MAR-2025

M00318

31-MAR-2025

M00318

31-MAR-2025

M00318

31-MAR-2025

M00318

31-MAR-2025

M00318

31-MAR-2025

M00318

MERLINDA BERTUBIN

MARINE COPRS BASE HAWAII

BLDG 242

KANEOHE BAY HI 96863-3063

808-257-6888

M00318

31-MAR-2030

M00318

31-MAR-2030

M00318

31-MAR-2030

M00318

31-MAR-2030

M00318

31-MAR-2030

M00318

31-MAR-2030

M00318

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

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

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

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

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

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

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

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

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

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

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

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

(k) Reserved.

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

ADDENDUM TO 52.212-1

ADDENDUM TO FAR PROVISION 52.212-1

INSTRUCTIONS TO OFFERORS FOR RFQ M00318-20-R-0001

1. Offerors shall submit only one (1) offer in response to this solicitation. Therefore, the Offeror’s submission should demonstrate the optimal capability in response to the requirements. Offers shall be hand-carried or mailed and received at the following location by 2:00 PM HAWAII STANDARD TIME (HST), 28 February 2020:

Commanding Officer, Marine Corps Base Hawaii

Attn: Steven Takasaki

Regional Contracting Office Hawaii

2nd Street, Building 209

MCBH Kaneohe Bay, HI 96863-3063

(808) 257-5716

Offerors are advised that proposals sent by conventional US Mail service are not routed directly to the above address. Therefore, the possibility that a proposal will not comply with the stated closing date/time exists; in such case the proposal will be considered a “late submission.” Offerors who choose to send their submission via the US Postal Service (USPS) should address their proposals to the address specified in Box 9 on Page 1 of this solicitation. The physical address specified above should be utilized for delivery in person and mailing by an express mail service such as FedEx and UPS.

All questions shall be submitted, in writing via e-mail, to Steven Takasaki at steven.takasaki@usmc.mil by 2:00 PM Hawaii Standard Time, 13 February 2020. The Government does not anticipate extending the due date for receipt of proposals, therefore, review the solicitation and these instructions thoroughly so all of your concerns/questions can be addressed.

2. Offerors shall submit the following with their proposal:

(a) Solicitation – M00318-20-R-0001. A completed and signed copy of the solicitation indicating agreement to the provisions and clauses therein. All unit prices shall be filled in as well as the total prices.

(b) A completed Offeror Representations and Certifications (52.212-3) and DFARS 252.212-7000. An offeror shall complete only paragraph (j) of FAR 52.212-3 Offeror Representations and Certifications – Commercial Items Alternate I if the offeror has completed the annual representations and certifications electronically at http://sam.gov. If an offeror has not completed the annual representations and certificates electronically at the SAM website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(c) Technical Factors. Describe in detail how your company satisfies the 2 mandatory technical factors.

3. Format. Offerors shall prepare and submit their response to the solicitation as set forth in Table 1. The titles and contents of the sections are defined in Table 1 of this document, all of which shall be within the required page limits (including all attachments, figures, etc.) and with the number of copies specified in the table. An electronic copy of all documents (technical and price) shall also be submitted on a single (1) CD-ROM. Proposals shall be prepared using “Arial” or “Times New Roman” 11-point font style on 8½ x 11 inch white paper. Tables and illustrations may use a reduced font style, not less than 8 point. Foldouts are not allowed. Margins shall be one (1) inch on all sides. All material submitted may be single-spaced. Offerors should ensure that each page provides identification of the submitting Offeror in the header or footer. The “original” folder shall be marked “ORIGINAL.” The price proposal should be in a separate folder. Each volume of the proposal shall be separately bound and include a cover sheet clearly marked as to solicitation number, volume number, title of acquisition and the Offeror's name. IAW FAR Subpart 4.8, the Government will retain one copy of all proposals.

Table 1 – Required Format for Proposals

4. Volume I: Technical Proposal: The Offerors shall submit one original and 3 printed versions. The CD-ROM shall include the original.

Instruction to Offerors:

Offerors are expected to present their proposal in a thorough yet clear and concise manner with sufficient detail for effective evaluation and for substantiating the validity of stated claims. Offerors shall assume that the Government has no prior knowledge of their abilities and products and will base its evaluation on the information presented in the offeror’s proposal. Submission of offers which are unnecessarily verbose, unclear, disorganized, or difficult to understand, may result in unfavorable consideration.

Offeror’s responses to the factors will be evaluated against the evaluation criteria defined in the Evaluation Criteria section of the solicitation. For the purposes of evaluation, the proposal shall clearly address these mandatory evaluation criteria:

1) Experience: Address contractor experience and how it meets the requirement for experience in supplying LPG to multiple tank locations on a campus or base setting. Give specific examples in sufficient detail to enable the evaluators to determine whether your firm meets this experience requirement. This factor is mandatory; therefore, if sufficient detail is not provided, the offeror runs the risk of being found technically unacceptable. Provide an overall summary of contractor experience and then provide specific examples that give proof of meeting the experience requirements. For each specific example of experience provide:

i. Customer and contact information

ii. Contract/Order number

iii. Contract type

iv. Program name

v. Total contract value

vi. Number of Years working with this customer

vii. Detailed description of work performed

viii. Any other information that will provide evidence of the required experience

The Government reserves the right to contact any cited customers to verify the accuracy of the experience description.

2) Tank Availability: The offeror shall provide evidence of an inventory of the proper amount and size of metered tanks available to fulfill the requirements of the SOW, OR provide the evidence of the ability to obtain the proper amount and size of thanks needed to fulfill the requirements of the SW by 1 April 2020. This is also a mandatory factor; therefore, it is critical to provide sufficient information to allow the evaluators to determine whether this evaluation factor is met.

The offer can meet these requirements via Prime, or Subcontractor.

5. Volume II. Price Proposal. The Offeror shall complete the Standard Form 1449 (CONTINUATION SHEET with the Contract Line Item (CLIN) Unit Prices) in its entirety. The unit prices shall include all prices to provide for delivery of the LPG and rental of tanks, including the maintenance and installation of Contractor owned tanks.

The pricing schedule shall be submitted fully completed and error free. It shall contain the offerors proposal for the established Contract Line Item Numbers (CLINs).

An offeror proposal shall include complete and accurate price of all Contract Line Item Numbers (CLINs) identified on the SF 1449. Each CLIN/ subclins should include the unit price, as well as the total amount. All amounts shall be rounded to the nearest hundredth decimal place (i.e.$X.XX). In the event of mathematical errors, the unit price will be used as the basis for computing cost.

The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for the receipt of proposals, unless another time period is specified in an addendum to the solicitation Note: The Supplier Performance Risk System (SPRS) and the Federal Awardee Performance Integrity Information System (FAPIIS) will be accessed to establish that the vendor is considered responsible for this procurement per FAR Part 9.

Additional Data. Data beyond what is stated in these instructions are not required and shall not be submitted unless it is essential to document or support the Offeror’s price quote. All information relating to the proposed price including required supporting documentation must be included in the section of the proposal designated as the Price Proposal. Under no circumstances shall this information and documentation be included elsewhere in the proposal.

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 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:

See the Addendum to FAR 52.212-2

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

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

(End of provision)

ADDENDUM TO 52.212-2

Addendum to FAR 52.212-2 Evaluation

LPG Evaluation Criteria Evaluation Process: The requirements official will evaluate the technical portion of the proposal on a go/no-go basis in accordance with the factors stated in the Evaluation Criteria Section of the solicitation. The evaluation factors for the requirement are as follows:

a. Technical – Proposals will be evaluated for technical acceptability on the following 2 factors and must be found acceptable on both factors in order to be considered technically acceptable:

1) The offeror shall have experience supplying LPG to multiple tank locations on a campus or base setting.

2) Tanks - The offeror shall submit evidence of an inventory of the proper amount and size of metered tanks available IAW the number to tanks (identified in the SOW) to fulfill the requirements of the SOW, OR provide evidence of the ability to obtain the proper amount and size of metered tanks needed to fulfill the requirements of the SOW by 1 April 2020.

The offer can meet these requirements via Prime and/or Subcontractor. Only the quotes that are found to be technically acceptable will be considered for award.

b. Price

The Government will award an Indefinite Delivery Requirements contract resulting from this solicitation to a contractor only if the proposal conforms to the solicitation; is determined to be technically acceptable; and, the price is determined to be fair and reasonable.

The Government will evaluate the proposal for price reasonableness and completeness. All unit prices shall be filled in and total estimated prices shall be filled in for all contract line item numbers (CLINs). CLINs will be evaluated by the Contracting Officer for price reasonableness using price analysis techniques.

Reasonableness. The Government may, if deemed necessary, evaluate the reasonableness in accordance with FAR 15.404-1. This may include an analysis of the price by assessing the Offeror’s methodology used in developing the price estimates. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. Reasonableness takes into account the context of a given source selection, including current market conditions, current wage rates, and other factors that affect the ability of an Offeror to perform the contract requirements. Reasonableness depends upon a variety of considerations and circumstances, including:

· Whether the proposed prices are generally recognized as appropriate, similar pricing as paid by other commercial customers, for the supplies to be delivered.

· Generally accepted sound business practices, that they abide by Federal and State laws and regulations, etc.; and,

· Any significant deviations from the Offeror’s established practices.

Required Waivers or Deviations

Certified Cost and Pricing Data will not be required nor requested, as this is a commercial item. Other than cost and pricing data may be requested.

Note: The Supplier Performance Risk System (SPRS) and the Federal Awardee Performance Integrity Information System (FAPIIS) will be accessed to establish that the vendor is considered responsible for this procurement per FAR Part 9.

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(10) HUBZone small business concern.