M67001-15-T-1254.pdf

M67001MARINE CORPS FIELD CONTRACTING SYS

P.O. BOX 8368 BLDG 1116

CAMP LEJEUNE NC 28547-8368

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)

$7.5M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

M67001-15-T-1254 25-Jun-2015

b. TELEPHONE NUMBER

910-451-1595

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 14 Jul 2015

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 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.

M67001

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE MMP100 16. ADMINISTERED BY

MMP100

VICKI GREENWOOD

PSC 20005

BLDG 58 VIRGINIA DARE

CAMP LEJEUNE NC 28542-0005

TEL: 910-451-9497 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MITCHELL RENTERIA

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.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

611692

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

MMP10015SSSA050

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:

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

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

M67001-15-T-1254

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4 Each Driver Risk Mitigation Course (DRMC)

FFP

Location 1; see Statement of Work.

FOB: Destination

MILSTRIP: MMP10015SSSA050

PURCHASE REQUEST NUMBER: MMP10015SSSA050

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 4 Each Driver Risk Mitigation Course (DRMC)

FFP

Location 2; see Statement of Work.

FOB: Destination

MILSTRIP: MMP10015SSSA051

PURCHASE REQUEST NUMBER: MMP10015SSSA050

NET AMT

STATEMENT OF WORK

1. Scope. The contractor is to provide a Driver Risk Mitigation Course (DRMC) where students are taught how to recognize high risk driving (4 wheel PMV) circumstances, in non-tactical situations, and how to develop strategies to mitigate the threats from these circumstances. These high risk driving circumstances include driving with peers, optimistic bias, emotionality, drinking and driving, seat belt use, distracted driving, and fatigued driving and tailgating. Contractor will deliver two (2) evolutions of four (4), five and a half (5 ½) hour DRMCs, over the course of two days (one evolution= 4 classes, 128 students, 1 location, and 2 days). The first evolution (Location 1/

CLIN0001) of the DRMC will be conducted at either Marine Corps Recruit Depot (MCRD) Parris Island, SC or

Marine Corps Air Station (MCAS) Beaufort, SC on either September 19 and 20, 2015 or September 26 and 27, 2015. The distance between these two locations is 13 miles. Specific location and date will be determined by training area availability and scheduling of operational and/or training units located at MCAS Beaufort and MCRD

Parris Island. Location will be determined at least two weeks prior to course. The specific dates for the course will be determined no later than 15 August 2015. The second evolution (Location 2/CLIN0002) of the DRMC will be conducted at Marine Corps Auxiliary Landing Field (MCALF) Bogue, Cape Carteret, NC prior to 30 September

2015. Each five and a half (5 ½) hour class will consist of a maximum 32 students and the target audience is high-and medium-risk Marines. The course will assess students while driving during multi-tasking and divided attention exercises. These students will be fully challenged by ride-along instructors and courses that are a direct result of mishap/crash data for active duty military personnel. This course of instruction has been endorsed by the

Commanding General, MCIEAST-MCB CamLej.

2. Services. Provide two (2) evolutions, of four (4), five and a half (5 ½) hour DRMCs, over the course of two days for 32 students in each course (total of 128 students per evolution, or 256 students for both evolutions). Each evolution will be separated by date and location. The contractor will develop a competency-based curriculum materials for both classroom and on-track settings to address the specific skill deficiencies of the target population.

The contractor will also design, develop, and implement program assessment for the course including formative and summative evaluation of teaching and learning as well as program delivery designed to teach safe driving skills and safety education consisting of classroom and on-track laboratory experiences based on the best vehicle control techniques, life skills training, and education/mentoring in order to: (a) target high-risk driving circumstances; (b) teach methods and techniques in both classroom and on-track developed to address lifestyle and psychosocial factors that can mitigate risky driving behaviors; (c) provide competency-based training in both the classroom and on-track that recognizes individual differences and is tailored to address the specific skill deficiencies of drivers; (d) address in both classroom and on-track immaturity and inexperience with respect to the driving task.

3. Instructors. Only instructors who possess comprehensive (min. 2 years) experience in advanced motor vehicle training and knowledge of the rules of the road will provide this service. Instructors will be provided at a ratio of at least one instructor for every two students. Instructors will have comprehensive experience in traffic control devices, vehicle capabilities, handling, vehicle dynamics, and mishap prevention. Instructors must be certified and have completed a course of instruction validated by an accredited institution of higher learning and/or research institute which produces knowledge that leads to new and more effective ways of improving the safety of the automotive and transportation environment by developing evidence-based countermeasures and products.

4. Period of Performance. The first evolution (Location 1/ CLIN0001) of the DRMC will be conducted at either

Marine Corps Recruit Depot (MCRD) Parris Island, SC or Marine Corps Air Station (MCAS) Beaufort, SC on either

September 19 and 20, 2015 or September 26 and 27, 2015. The specific dates for the course will be determined no later than 15 August 2015. The second evolution (Location 2/CLIN0002) of the DRMC will be conducted at

Marine Corps Auxiliary Landing Field (MCALF) Bogue, Cape Carteret, NC prior to 30 September 2015.

5. Course Schedule. One evolution of the DRMC will be conducted at MCALF Bogue, NC prior to 30 September

2015. The other evolution of the DRMC will be conducted at either MCRD Parris Island, SC or MCAS Beaufort, SC on either September 19 and 20, 2015 or September 26 and 27, 2015. Each evolution will train no more than 128 students.

6. Course Location. One evolution of the DRMC will be conducted on Pad Two located onboard MCALF Bogue, NC. The second evolution of the DRMC will be conducted at either MCRD Parris Island, SC or MCAS Beaufort, SC. The distance between these two locations is 13 miles. Specific location and date will be determined by training area availability and scheduling of operational and/or training units located at MCAS Beaufort and MCRD Parris

Island. Location will be determined at least two weeks prior to course.

7. Cancellations. Cancellation of the DRMC due to weather or other unforeseen circumstances shall be mutually agreed upon by the contractor and government point of contact. Alternate dates will be scheduled by mutual agreement.

8. Deliverables by the contractor will include:

8.1. Provide two (2) evolutions of four (4), five and a half (5 ½) hour DRMCs, over the course of two days for 32 students in each course (total of 128 students in each evolution).

8.2. Provide at least eighteen certified instructors/ course workers who possess comprehensive experience in advanced motor vehicle training and knowledge of the rules of the road. Instructors will have comprehensive experience in traffic control devices, vehicle capabilities, handling, vehicle dynamics, and mishap prevention.

Instructors must be certified by an accredited institution of higher learning and/or research institute such as the

National Safety Council, AAA, or other professional agency whose focus is on motor safety.

8.3. Design and develop a professional program which is designed to teach safe driving skills and safety education consisting of classroom and on-track laboratory experiences based on the best vehicle control techniques, life skills training, and education/mentoring in order to: (a) target high-risk driving circumstances; (b) teach methods and techniques in both classroom and on-track developed to address lifestyle and psychosocial factors that can mitigate risky driving behaviors; (c) provide competency-based training in both classroom and on-track that recognizes individual differences and is tailored to address the specific skill deficiencies of drivers; (d) address in both classroom and on-track immaturity and inexperience with respect to the driving task. Program must be designed using research focused on the critical human-vehicle-road interface to improve the safety of the automotive transportation environment.

8.4. The program will include both pre-assessments and post assessments of the student’s knowledge as a tool to evaluate the effectiveness of the program.

8.5. The program will include a post course survey measuring knowledge gained and giving students the opportunity to provide feedback to both the contractor and to MCIEAST-MCB CamLej.

8.6. Collect data from participants and trainers (on-site) at the eight program events and conduct data analysis regarding assessment of participants and trainers so improvement can be made for follow on events.

8.7. Prepare, organize, and conduct all required classroom instruction, practical application exercises and examinations based on data from MCIEAST-MCB CamLej Safety Department, and research from accredited institutions of higher learning and/or research institute such as the National Safety Council, AAA, or other professional agency whose focus is on motor safety..

8.8. Develop a specific road course and skill enhancement drills to reduce mishaps and fatalities based on data from the MCIEAST-MCB CamLej Safety Department, and research from accredited or professional institutions. These drills will include but are not limited to: Dynamic lane change, braking on wet and dry surfaces, braking both with and without an Anti-lock Braking System (ABS), an emergency braking drill on a wet surface that includes a lane change, a dynamic skid recovery drill on a wet surface, and a tailgating exercise designed to give the student a thorough understanding of distances required to come to a complete stop at various speeds.

8.9. A data collection method will be utilized to measure performance of selected students throughout the course;

this data will include braking distance and reaction distance.

8.10. Develop and provide training materials, curriculum and completion certificates for students. Each class will include classroom instruction and expectations of the course. Classroom instruction will target high-risk driving circumstances as well as teach methods and techniques to address lifestyle and psychosocial factors that can mitigate risky driving.

8.11. Deliver a pre- and post-course survey to measure the student’s knowledge level before the course and at the end of the course and deliver the results of this survey at the end of the course.

8.12. The contractor must provide at least 10 vehicles for the on-track training and staff for tear down and set-up outdoor classrooms and track. There is no access to electricity at the training location. The contractor will supply sufficient generators to meet electricity demands.

8.13. Provide event insurance relating to all safe driving events.

8.14. This program is not a tactical driving course and will not include or teach Precision Immobilization Technique

(PIT), multiple car Tactical Vehicle Intercept (TVI), and pursuit termination. This course will not teach any type of stunt, race, high-speed, or competition style of driving.

8.15. The contractor will deliver a Final Report within 3 month of the conclusion of the course and will include a face-to-face presentation of final report, test project design and method, data collection, overall results, results per event, organization of data, conclusion and application of results, and recommendations for ongoing support, training, certification, and assessment with monitoring, evaluation, and quality improvement.

9. Deliverables by MCIEAST-MCB CAMLEJ will include:

9.1. Coordinate a schedule for advanced motor vehicle training with the contractor not to exceed two (2) evolutions of four (4), five and a half (5 ½) hour DRMCs, over the course of two days for 32 students in each course (total of

128 students for each evolution).

9.2. Provide a roster of students prior to commencement of the course.

9.3. Provide water for the students.

9.4. Provide for chemical toilets.

10. Role of the Contracting Officer’s Representative (COR) for Inspection, Acceptance and other duties:

10.1. Performs surveillance and inspection of services required under this contract; determines the adequacy of contractor performance per contract specifications; acts as the Government’s representative at the work site; insures compliance with contract performance requirements; and advises the Contract Administrator of any factors that may cause performance delays. The COR cannot authorize deviation from contract requirements. The COR’s name and telephone number will be provided at the time of award.

11. Wage Determination:

Wage Determination No. 2005-2393 (Rev 16) dated 12/22/2014 applies to this order and is hereby incorporated.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage/Fringe Benefit

15095 – Technical Instructor/Course Developer $22.57

12. Additional Contractor Requirements:

“The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the U.S. Marine Corps via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

http://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the perios of performance during each Government fiscal year

(FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.”

13. Government Point of Contact:

Solicitation/Award: Sgt Mitchell Renteria

Phone: 910-451-1595

Fax: 910-451-2331 mitchell.renteria@usmc.mil

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 19-SEP-2015 TO

27-SEP-2015

N/A MMP100

VICKI GREENWOOD

PSC 20005

BLDG 58 VIRGINIA DARE

CAMP LEJEUNE NC 28542-0005

910-451-9497

FOB: Destination

MMP100

0002 POP 27-JUL-2015 TO

30-SEP-2015

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

MMP100

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013

52.204-16 Commercial and Government Entity Code Reporting NOV 2014

52.204-18 Commercial and Government Entity Code Maintenance NOV 2014

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

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.222-25 Affirmative Action Compliance APR 1984

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

2014-O0017)

JUN 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.203-7998 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements—Representation.

(DEVIATION 2015-O0010)

FEB 2015

252.203-7999 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements. (DEVIATION 2015-

O0010)

FEB 2015

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support

Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and

Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (TAILORED)

(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:

LOWEST PRICE TECHNICALLY ACCEPTABLE

This procurement is 100% set-aside for small business. All responsible small business sources may submit a response which, if timely received, will be considered by the agency.

This procurement is subject to the Buy American Act. If the product you are quoting on is not American made you must identify the country in which it is made.

In order to be considered for award, the offer must be determined to be technically acceptable. Technical acceptability will be based on the demonstrated ability to meet the technical requirements, including the delivery requirement. A mere statement that the vendor “will meet the Government’s requirements” is insufficient; the vendor must demonstrate how it will meet the requirement. LPTA will be evaluated on: (1) price; (2) technical; and

(3) delivery.

To ensure technical compliance with the requirements, the vendors quote shall include the following information:

a. Vendor Specifications. The vendor’s quote shall provide a description of how the vendor will meet the

Government’s requirements as stated in the Request for Quote (RFQ). The manufacturer’s name and manufacturer’s complete part numbers of all items shall be submitted in the quote. Product literature, pictures, and description of all quoted items shall be included.

b. For technical acceptability, a vendor’s quote must be written in a logical, practical, clear, concise and logically assembled manner, containing all pertinent information in sufficient detail to provide the evaluators with a clear understanding of the vendor’s approach and to permit evaluation of the proposed program. It is the responsibility of the vendor to present enough information to allow the various work efforts, support, and management approaches to be meaningfully evaluated without discussions. The vendor’s initial quote should contain the vendor’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. A quote must be internally consistent or the quote will be considered unrealistic and may be considered unacceptable. Evaluation of the technical approach will be based upon the extent to which the vendor thoroughly and accurately describes the overall technical solution.

c. Vendor’s quote shall include an active Cage code and Federal Tax Identification Number. Vendors are required to be registered with the System for Award Management (SAM database and have an active

Cage code at the time of award).

d. Delivery Information. Clearly state if the quoter can meet the requested delivery as stated in each

CLIN. If not, then state the best delivery date.

The Government will issue a firm fixed price award.

(b) 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)

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

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

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

"Forced or indentured child labor" means all work or service-http://www.acquisition.gov/

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the

Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

(50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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 (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on 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.

https://www.acquisition.gov/

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

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

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

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

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

Note 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.

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

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

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

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

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

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

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

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

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

(d) 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:

Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli

Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No.

Country of

Origin

(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…