14-T-0104_Kennel_Truck_Solicitation_FINAL.pdf

REGIONAL CONTRACTING OFFICE-MCIWEST

P O BOX 555027

CAMP PENDLETON CA 92055-5027

760 725 -8137

760-725-4346

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

7.5 mil

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

M00681-14-T-0104 17-Sep-2014

b. TELEPHONE NUMBER

760-725-8131

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 23 Sep 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

M00681

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE M20150 16. ADMINISTERED BY

M20150

SSGT TORRES

BLDG 1222, B STREET,

PO BOX 555350

CAMP PENDLETON CA 92055

TEL: 760-725-7247 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MARTY W. HAMMONDS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

811111

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M2015014SUMWD02

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Set

KENNEL ATTACHMENT REPAIR, G710332H

FFP

Install, repair, replace, service of Dog Kennel components.

See 'Required Repairs' attached.

FOB: Destination

MILSTRIP: M2015014SUMWD02

PURCHASE REQUEST NUMBER: M2015014SUMWD02

NET AMT

0002 1 Set

KENNEL ATTACHMENT REPAIR, G710331H

0003 1 Set

KENNEL ATTACHMENT REPAIR, G710333H

0004 1 Set

KENNEL ATTACHMENT REPAIR, G710335H

See 'Required Repairs' attached..

0005 1 Set

KENNEL ATTACHMENT REPAIR, G710336H

0006 1 Set

KENNEL ATTACHMENT REPAIR, G710334H

STATEMENT OF WORK

MILITARY WORKING DOGS KENNEL TRUCK REPAIRS

1.0 General Intention

1st Law Enforcement Battalion, Headquarters and Support Company, Military Working Dog (MWD) Platoon requires vehicles to transport the Military Working Dogs to various locations in support of Law Enforcement duties on Marine Corps Base Camp Pendleton as well the surrounding Counties in Southern California.

2.0 Scope/Objective

Scope: MWD Platoon currently owns (6) F550 trucks that are maintained by Southwest Region Fleet Transportation

(SWRFT) aboard Camp Pendleton, CA. These trucks have been modified with (6) kennels on the back end of the

F550 chassis in order to house (6) MWDs comfortably with working air conditioners, generator, water pump, and lighting. It has been five years since these kennel boxes have been serviced and most of the kennel boxes cannot safely house MWDs. These repairs will allow the MWD platoon to safely transport MWDs.

Objective: The required repairs will allow the platoon of (45) MWDs and (50) Marines conduct dog training daily.

Training is conducted in all areas of the base to include barracks, warehouses, office spaces, retail stores, roadways, and open areas. More importantly, the repaired trucks will allow veterinarian visits where 10-15 MWDs are seen at one time.

3.0 Tasks

3.1 The Contractor will provide a firm fixed-price quote for the services and repairs listed. Pricing will include parts, labor, pickup and delivery.

3.2 Automatic water pump will maintain a minimum 35 psi water delivery when one hose is used, mounted in the rear bumper, pulls water via potable water line from celled water tank to two hose connectors on each side of the bumper. Electrical connection to one of the gel cell batteries so pump will operate without the generator. Cutoff switch located in the rear control panel. (Enclosure 1, pg 4)

3.3 Gas charged struts on all outer doors.

3.4 Air conditioning and heating. Thermo King High output Air Conditioning unit with heat option and digital thermostat in cab (Enclosure 1, pg 9). Thermostat will be limited to not go below 65 degrees

Fahrenheit. BTU based on maintaining temperature of 85 degrees Fahrenheit in direct sunlight with ambient temperature outside of 110 degrees Fahrenheit. A/C unit will remain mounted on the front of the shelter at the top. A/C unit must have “force fresh air setting” allowing forced, non-refrigerated air to be pumped through the shelter while driving. (Enclosure 1, pg 2&3)

3.5 Onan diesel generator will need to be serviced for functionality along with the switch panel for all lights that is adjacent to it. It will have sufficient wattage to support A/C, 6 work lights, battery charger, exterior outlets and cargo lights. 8 KW. Model and part number as a reference is ONAN QD 8000. Ensure generator compartment is ventilated to avoid accumulation of toxic gases. Exhaust will be routed through the roof of the shelter.

3.6 Two (2) large gel cell batteries. One dedicated to generator and one for pressure pump and cargo lights.

Gel Cell required to eliminate possibility of lead acid battery leaking and causing deadly fumes that will kill

MWDs. (Enclosure 1, pg 4)

3.7 Vendor required to take responsibility and sign for the Government License Plates as a sensitive item that must stay on the truck. DHS report required if lost, stolen, missing. Vendor assumes all liability for vehicles until such time as they are delivered, inspected and accepted for delivery at Camp Pendleton, CA.

REQUIRED REPAIRS

CLIN 0001 KENNEL G710332H

Replace (2) batteries for generator.

Install charge syl/breaker and wire to charge generator battery with engine.

Service generator (oil, oil filter, fuel filter).

Right side:

Replace 3 louvered vents in doors.

Straighten 3 door gates, 2 struts, Clean and lube latches.

Replace rear lower dr strut and two upper struts.

Adjust water tank door to fit.

Left side:

Replace/straighten upper door hinge and (2) struts.

Replace 3 louvered doors, grates.

Clean and lube latches.

Adjust front lower door.

Replace sturt rear compartment.

Replace (2) struts on rear bumper and latch assembly.

Replace water pump and test system.

Lighting on box open (some running lights and tail lights not working

CLIN 0002 KENNEL G710331H

Straighten 3 door gates, 2 struts, Clean and lube latches.

Replace 3 louvered doors, grates.

Clean and lube latches.

Adjust front lower door.

Replace sturt rear compartment.

Replace (2) struts on rear bumper and latch assembly.

Replace water pump and test system.

lights not working

CLIN 0003 KENNEL G710

Straighten 3 door gates, 2 struts, Clean and lube latches.

Replace 3 louvered doors, grates.

Clean and lube latches.

Adjust front lower door.

Replace sturt rear compartment.

Replace (2) struts on rear bumper and latch assembly.

Replace water pump and test system.

lights not working)

CLIN 0004 KENNEL G710335H

Straighten 3 door gates, 2 struts, Clean and lube latches.

Replace 3 louvered doors, grates.

Clean and lube latches.

Adjust front lower door.

Replace sturt rear compartment.

Replace (2) struts on rear bumper and latch assembly.

Replace water pump and test system.

lights not working)

M00681-14-T-0104

CLIN 0005 KENNEL G710336H

Install syl/breaker and wire to charge generator battery with engine.

Service generator (oil, oil filter, fuel filter change)

Adjust door and replace 1 strut - rear upright.

Replace strut and adjust rear lower door.

Straighten grate, rear door and replace strut.

Replace grate assembly.

Door no. 2 straighten grate and replace strut.

Door no. 3 replace louvers (3) louver assembly in all doors.

Lighting on box open (some running lights, tail lights not working need evaluation and replacement)

Install door strut, no. 3 and no. 1 doors.

Louver assembly.

Replace lower compartment door and lower extrusion.

Adjust rear upright door.

Replace roof a/c thermostat.

Replace rear bumper latch assembly.

Replace water pump and test system.

CLIN 0006 KENNEL G710334H

Install charge syl/breaker and wire to charge batteries from engine.

Adjust door no. 2.

Replace louvers in all (3) doors.

Replace water compartment door.

Replace strut (rear most upright door).

Replace louver assemblies (3 side doors).

Replace rear bumper latch assembly.

Replace water pump and test system.

Replace rear light bar assembly.

Replace rear i/o outlet assembly.

Lighting on box some running lights, tail lights not working at all.

52.212-1 ADDENDUM

52.212-1 Addendum

QUOTE PREPARATION AND SUBMISSION INSTRUCTIONS

1. These instructions prescribe the format for Contractor quote submission and describe the approach for the development and presentation of quotation data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of quotes received.

2. Offerors are encouraged to present their best price quotations in their initial submission. The United States

Government (USG) intends to make award without discussions but maintains the right to hold discussions if it so determines.

3. Offerors can submit questions for this requirement as they pertain to the information in this request for quote until 09:00am (PST) on 22 Sep 14.

4. UNSATISFACTORY INITIAL OFFER. Offerors are hereby notified that initial quotations that are found unsatisfactory/incomplete may be rejected without affording the offeror an opportunity to satisfy the requirement of the Government. The contractor must meet all requirements of this request for quote.

5. DISQUALIFYING FACTORS THAT DETERMINE NON-COMPLIANT OFFERS. Offerors that do not comply with the clauses, provisions, and documentation submittal requirements as outlined in the request for quote will result in their submission being deemed “ NON COMPLIANT” and not considered for award.

a. OFFER MUST BE IN U.S. DOLLARS: All offers must be submitted and evaluated in US dollars (USD). Failure to submit quote in USD may result in the quote being deemed non compliant and not considered for award.

b. LETTER OF CREDIT: The U.S. Government will not issue a Letter of Credit.

c. COMPLETION OF COMBINED SYNOPSIS PRICING SECTION: The Contractor must return the

Combined Synopsis Instructions for the Preparation of Quotes with their submission. The Contractor may submit their quote on Company format as long as it follows the same structure as that found in the

Instructions for the Preparation of Quotes.

d. VALIDITY OF OFFER (Period for Acceptance of Offers): All offers must be valid for a period of (30) days from the Offer Due Date. During this 30-day period, an offer shall remain fixed, regardless of the reasons, to include fluctuating/monetary market change in the U.S. Dollar. Also, no Firm-Fixed Price offer shall include contingent liabilities.

e. PAYMENT TERMS: Unless discount terms are offered by the Contractor, payment shall be made “Net-

30” after the date of actual receipt of a properly submitted invoice.

(1) Discount terms will not be used when evaluating the lowest offer.

(2) The USG intends to make one payment for the entirety of service at the conclusion of the period of performance. Monthly payments are not authorized.

(3) Contractors will be registered in the Wide Area Workflow (WAWF) and the System for Award

Management (SAM) systems. Cash payments will not be made by the Government.

GENERAL QUOTE INFORMATION

1. To assure timely and equitable evaluation of quotes, the offeror must follow the instructions contained herein.

Offerors must submit their offer to the Contracting Officer no later than the due date/time of this solicitation The offer must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

2. SPECIFIC INSTRUCTIONS. The offeror shall submit one original quote. ELECTRONIC QUOTES

WILL BE ACCEPTED. Electronic submissions shall be submitted to Mr. Marty W. Hammonds at marion.hammonds@usmc.mil. The quote must contain the following information:

a. PRICE QUOTE

1) Instructions for the Preparation of Quotes. The Contractor may use the combined synopsis for their price quote. Company/Commercial standard formats will also be accepted, given they follow all other instructions and provide all required information set forth in this provision.

2) The Line Item. The offeror shall include the unit price and total price per line item. CLINs are organized by vehicle identification number. An itemized list of parts and repairs will be included by the Government and the offeror will provide total for the CLIN, not for each item.

b. PAST PERFORMANCE

1) Contractors may submit up to 3 previous contracts providing similar and relevant service with similar scope of work and a rating of satisfactory or better. Limit no more than three (3) 8 1/2" x 11" pages for past performance.

2) Past performance IS an evaluation factor.

c. EVALUATION

1) The Government will award a firm fixed-price contract to the Quoter whose quote conforms to the solicitation and represents the Lowest Price, in accordance with the evaluation criteria.

3. SITE VISIT

a) A site visit will be conducted at 9a.m. (PST) on 19 Sep 14 at the military working dog compound at the

San Luis Gate off of Vandergrift building 17015. ATTENDANCE IS NOT MANDATORY, but is highly encouraged.

CONFIDENTIALITY

All pricing information will be treated as confidential and is not releasable to others outside the process required to award a contract. This information will be used only for the purpose intended and under no circumstances will the information be given any other contractor without the written consent of the owner of the information or as is required by the Freedom of Information Act (FOIA).

52.212-2 ADDENDUM

52.212-2 Addendum

BASIS FOR CONTRACT AWARD

1. The Government intends to make a single award, resulting from the quote received that represents the Lowest

Price to the Government.

2. By submission of its offer, the offeror agrees to all solicitation requirements, including terms and conditions, and technical requirements.

PRICE

An offeror’s price will be evaluated for completeness and reasonableness. Unrealistically high or low proposed costs/prices may be grounds for eliminating an offer from competition on the basis that the offeror does not understand the requirement or the offeror has made an unrealistic quote. The price evaluation will document the offers total price, and determine its reasonableness and affordability.

DISPOSITION OF UNSUCCESSFUL QUOTES

In compliance with FAR subpart 4.8, the government will retain one copy of all unsuccessful quotes. Extra copies of such unsuccessful quote will be destroyed by the government.

CONFIDENTIALITY

All pricing information will be treated as confidential and is not releasable to others outside the process required to award a contract. This information will be used only for the purpose intended and under no circumstances will the information be given any other contractor without the written consent of the owner of the information or as is required by the Freedom of Information Act.

(END)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

0002 N/A N/A N/A Government

0003 N/A N/A N/A Government

0004 N/A N/A N/A Government

0005 N/A N/A N/A Government

0006 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 1 M20150

SSGT TORRES

BLDG 1222, B STREET,

PO BOX 555350

CAMP PENDLETON CA 92055

760-725-7247

M20150

0002 1 (SAME AS PREVIOUS LOCATION)

0003 1 (SAME AS PREVIOUS LOCATION)

0004 1 (SAME AS PREVIOUS LOCATION)

0005 1 (SAME AS PREVIOUS LOCATION)

0006 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUL 2013

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

AUG 2013

52.212-1 Instructions to Offerors--Commercial Items APR 2014

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2014

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

52.222-17 Nondisplacement of Qualified Workers MAY 2014

52.222-41 Service Contract Act Of 1965 MAY 2014

52.222-99 (Dev) Establishing a Minimum Wage for Contractors (Deviation

2014-O0017)

JUN 2014

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7011 Alternative Line Item Structure SEP 2011

252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014

252.209-7993 (Dev) Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction under any

Federal Law—Fiscal Year 2014 Appropriations (Deviation)

FEB 2014

252.215-7007 Notice of Intent to Resolicit JUN 2012

252.225-7000 Buy American--Balance Of Payments Program Certificate JAN 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) 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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United

States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue

Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

http://www.acquisition.gov/

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the 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 (o) 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 ORCA.]

(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, for general statistical purposes, that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

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

(10) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation

Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ___ ) is, ( ___ ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the

SAM Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13

CFR 124.104(c)(2); or

(B) It ( ___ ) has, ( ___ ) has not submitted a completed application to the Small Business Administration or a

Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart

B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) 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)(11)(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:

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.

Origin

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). 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.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 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:

Origin

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Origin

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that --

(1) The offeror and/or any of its principals ( ___ ) are, ( ___ ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

(2) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) ( ___ ) Are, ( ___ ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The

Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countriesof Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United

States); or

(2) ( ___ ) Outside the United States.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(…