M67001-16-T-1262.pdf

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Aircraft Services and facilities support for parachute training Federal contract opportunity
Solicitation number
M67001-16-T-1262
Issued by
United States Marine Corps

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SEE ADDENDUM

(No Collect Calls)

M67001-16-T-1252 28-Jul-2016

b. TELEPHONE NUMBER

910-451-1256

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 11 Aug 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE

NO.

M670019. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TRACY E. FULKS

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

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M1200916SU00018

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

M67001MARINE CORPS FIELD CONTRACTING SYS

P.O. BOX 8368 BLDG 1116

CAMP LEJEUNE NC 28547-8368

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE M12009 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

2ND RECON BN

JASON REES

SNEADS FERRY RD

BLDG A71

CAMP LEJEUNE NC 28542-0138

TEL: 910-440-7750 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE

SMALL BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

481219

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED SMALL BUSINESS

PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS (CONTINUED)

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. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M67001-16-T-1252

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Camp Lejeune/Camp Davis Aircraft Support

FFP

In accordance with the Performance Work Statement

FOB: Destination

NET AMT

0001AA 18 Hours Aircraft Blade Hours

FFP

Aircraft Hourly Rate to support para drops in accordance with the Performance

Work Statement. Funding for any unused blade hours will be returned to the

Government.

FOB: Destination

MILSTRIP: M1200916SU00020

PURCHASE REQUEST NUMBER: M1200916SU00018

0001AB 1.50 Hours Positioning/Depositioning of Aircraft

FFP

Contractor will provide the quantitiy and unit price of blade hours required for the positioning and depositiong of aircraft.

MILSTRIP: M1200916SU00018

0001AC 1 Each Aircraft Support and Coordination

FFP

In accordance with the Performance Work Statement

Contractor Site Aircraft Support

FFP

In accordance with the Performance Work Statement

0002AA 36 Hours Aircraft Blade Hours

FFP

Aircraft Hourly Rate to support para drops in accordance with the Performance

Work Statement. Funding for any unused blade hours will be returned to the

Government.

FOB: Destination

0002AC 23 Days Facilities Fee

FFP

In accordance with the Performance Work Statement

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FOR

AIRCRAFT SUPPORT SERVICES

1.0 SCOPE. 2d Reconnaissance Battalion, 2d Marine Division has a requirement for aircraft services in order to safely conduct airborne sustainment and pre-deployment training. This training is required to maintain proficiency in accordance with MCO 3120.11a, and TM70244A-OI.

2.0 REQUIREMENT. The contractor shall provide all management, labor, equipment, tools, materials, and services necessary to provide Aircraft Support Services to include aircraft with pilots for use as a jump platform in order to conduct airborne sustainment training. Training consists of Low-Level Static Line (LLSL), High Altitude

High Opening (HAHO), High Altitude Low Opening (HALO) parachute training using the SF-10A, Multi-Mission

Parachute System (MMPS), and Tandem Offset Resupply Delivery System (TORDS) parachute systems. Some cargo delivery (door bundles, etc.) are included as well. This training will be conducted in two iterations.

3.0 APPLICABLE DOCUMENTS.

3.1 Training Manual 70244A-OI

3.2 Marine Corps Order 3120.11A

4.0 AIRCRAFT SUPPORT SERVICES.

4.1 AIRCRAFT. The contractor is responsible for providing all necessary STOL aircraft, fuel, landing fees, ramp fees, pilot required accessories and aircraft associated maintenance required for the conduct of the training. All aircraft must be FAA approved, certified, and/or licensed.

4.1.1 Contractor shall provide one (1) CASA 212 ramp style aircraft, or aircraft of comparable capability, and aircrew. The ramp style aircraft shall be capable of conducting static line operations. Aircraft must be configured for day and night operations. The ramp style aircraft is required to have the ramp that allows a forklift driver to load and unload parachute equipment. The aircraft must be equipped with oxygen for pilots and aircrew. Jump lights

(Red/Green) must be in the cargo compartment of the aircraft for jumpmaster/aircrew coordination. Contractor must have the certifications required to receive authorizations to land and operate out of military controlled airfields and

Drop Zones, as requested by the Government.

4.1.2 Contractor must be listed under the Airborne Mobile Command (AMC) Paratroopers Air Carrier List.

4.2 AIRCREW. Contractor shall provide aircraft pilots with current FAA licenses and type ratings as required to operate the ramp style aircraft. All aircrew must be familiar with the coordination necessary for all proposed Para drops tactics and procedures relating to aircrew and jumpmaster interface/coordination. The contractor shall have a minimum of two (2) pilots available to offset for a twelve (12) hour, take-off to landing, crew rest (if needed).

4.3 AIRFIELD/DROP ZONES. The contractor, in coordination with the Government’s POC, will ensure they are fully familiar with the airfield and Drop Zone (DZ) to be used. The DZ will be free of all above ground power lines.

The government will provide; locations, date time groups (DTGs), POCs, Drop Zone Safety Officers, Jump Masters, required air items to support air delivery of personnel, communication frequencies, call signs, landing DZ markings, DZ approach (track/heading) and applicable Memorandums Of Agreement or facility use agreements. The contractor must also have a NOTAM to support jumps up to 45km away from the established Drop Zone with a ceiling up to 25,000’ Mean Sea Level (MSL).

4.4 FACILITIES/SERVICES. The following facilities and services are required to conduct the second iteration of training:

a. Billeting space and shower/toilet facilities for up to (40) people. 2d Reconnaissance Battalion will supply bedding.

b. Facilities must be within 300 miles (driving distance) of Camp Lejeune, NC. This will allow jump training on the day of travel.

c. Indoor, climate-controlled parachute packing space large enough for (30) Multi-Mission Parachute Systems to be packed simultaneously.

d. Outdoor packing space large enough for (30) Multi-Mission Parachute Systems to be packed simultaneously.

e. Facilities adequate to shake out parachutes.

f. Secure temporary storage for life support equipment.

g. Facilities suitable for oxygen transfer and storage.

h. Basic parachute repair facility with sewing machine.

i. Kitchenette with refrigerator, sinks, and microwave ovens.

j. Wireless internet connectivity/computers and printers sufficient for printing flight manifests and other administrative needs.

k. Office spaces utilized for Jumpmasters and Team Leader planning.

l. Vendor will provide jumper recovery vehicle, and have staff available for assistance with jumper recovery.

4.5 UNUSED BLADE HOURS. The Government has the right to cancel a flight mission the day of the training due to foul weather on the drop zone. Funding for any unused blade hours (due to adverse weather conditions, safety stand down, etc.) will be returned to the Government. In that case, the Government will reimburse the contractor for actual time flown, and flight time to return to home station.

5.0 PERFORMANCE.

a. CLINs 0001, 0001AA, 0001AB, 0001AC

Period of Performance from 20-22 September 2016.

CLIN 0001 training the contractor will pick up and drop off Marines at Camp Lejeune, NC, and all training will be conducted at DZ Pheasant - onboard Camp Davis, NC. Each day, prior to entry of New River Airspace, the pilot will contact New River Tower Control and request access. After the completion of each training day, the pilot will leave New River Airspace.

b. CLINs 0002, 0002AA and 0002AB

Period of Performance from 30 September – 22 October 2016

CLIN 0002 training will be conducted at the vendor’s location. 2d Reconnaissance Battalion will facilitate travel to and from the vendor’s facility. The contractor will coordinate with the Government’s Point of Contact

(POC) for start/end times.

6.0 Contractor’s Unauthorized Work Performance.

The contractor shall not perform work that deviates from contract requirements and specifications. If the contractor deviates from contract requirements and specifications without approval of the CONTRACT

ADMINISTRATOR/OFFICER, such deviation shall be at the risk of the contractor and any cost related thereto shall be borne by the contractor.

7.0 GOVERNMENT POINT OF CONTACT. Points of Contact will be provided at time of contract award.

WAGE DETERMINATION

(a) Offerors are advised that this procurement is subject to the requirements of the Service Contract Act of 1965, as amended.

(b) The Contractor agrees to furnish the Contracting Officer a copy of any collective bargaining agreements applicable o employees performing under this contract.

(c) The labor catefory and wage rate that is apllicable to this requirement is:

TITLE RATE

First Officer (First Pilot) $10,170.26 Monthly

First Officer (Co-Pilot) $ 5,712.51 Monthly

Flight Dispatcher $ 17.23 Hourly

Second Officer/Flight Engineer $ 4,699.28 Monthly

Salaries paid to employees must be in compliance with the labor category and wage determination or collective bargaining agreement.

(d) Wage Determination No.96-0458 (Rec. -27) dated 01 May 2016 can be found at: www.wdol.gov

ECMRA

Enterprise-wide Contractor Manpower Reporting Application

NMCARS SUBPART 5237.1—SERVICE CONTRACTS GENERAL

5237.102 Policy

5237.102(90)

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for Aircraft Support Services via a secure data collection site.

The contractor is required to completely fill in all required data fields using the following web address:

https://doncmra.nmci.navy.mil

Reporting inputs will be for the labor executed during the period of performance during each Government Fiscal

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

BASE ACCESS

1. In order to gain access to Marine Corps Base (MCB), Camp Lejeune and/or Marine Corps Air Station (MCAS), New River, non-Federal Government and non-DoD issued ID cardholders require identity proofing and vetting to determine fitness and eligibility for access. Specifically, a check of records through the National Crime

Information Center (NCIC) Interstate Identification Index (III) is the installation’s minimum background check for access to MCB, Camp Lejeune and/or MCAS, New River for non-Common Access Card holders, to include entrance of visitors.

2. MCB, Camp Lejeune and MCAS, New River applies the following non-Federal Government cardholder criteria to determine the authorized type of access control credentials:

a. Contractors: RAPIDGate or 30-Day Pass followed by 4-DayPass*

b. Sub-Contractors: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

c. Vendors: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

d. Suppliers: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

e. Service Providers: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

f. Delivery Personnel: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

g. Public-Private Venture (PPV) Housing and Installation Volunteers: Local Population Credential (The following are examples of Installation Volunteers: (Red Cross, Community College Instructors and Students, http://www.wdol.gov/

Commissary Baggers, Naval Hospital Volunteers, Family Readiness Volunteers, Wounded Warrior Volunteers, and any other organization approved by the Commanding General, Marine Corps Installation East-Marine Corps Base

Camp Lejeune and Commanding Officer, MCAS, New River)

3. Contractor Common Access Card (CAC) Eligibility: Contractor personnel authorized CAC’s are exempt from

RAPIDGate enrollment.

4. Contractor personnel who are ineligible for a CAC will be required to either obtain a 30-Day pass followed by a

4-Day pass* or enroll in the RAPIDGate Program. RAPIDGate is a voluntary program due to associated costs. For further information concerning contractor access, please contact the Contractor Vetting Office at 910-450-5978 or visit Marine Corps Base Camp Lejeune (http://www.lejeune.marines.mil/) or MCAS New River

(http://www.newriver.marines.mil/) websites. For information concerning enrolling in RAPIDGate please visit their website at www.rapidgate.com.

The Government will not be responsible for any access delays. Delays that may result from inadequate planning are contractor responsibility. Any and all costs associated with RAPIDGate are the sole responsibility of the contractor.

* Contractors will be issued a one-time pass for 30 days. Upon expiration of the 30 day pass, they will only be issued a 4 day pass every 4 days thereafter, for the duration of the contract.

CLAUSES INCORPORATED BY FULL TEXT

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 quotes:

This is a request for OPEN MARKET PRICED quotes for services. The proposed acquisition is 100% Small

Business Set Aside. The associated North American Industrial Classification System (NAICS) Code is 481219

Other Nonscheduled Air Transportation. The size standard is $15 million.

BASIS OF AWARD: The Government will solicit and award this contract using simplified acquisition procedures, in accordance with FAR Subpart 13.0.

The Government intends to award to the quoter(s) who represent the Lowest Price Technically Acceptable (LPTA) for each CLIN, so more than one award may be made. Quotes will be evaluated and ranked according to price, from lowest to highest. The Government reserves the right to evaluate only the technical quote of the lowest price quoter.

Other technical quotes may not be evaluated unless the Government determines the lowest price quoter to be unacceptable or non-responsive. In the event the Government determines the lowest price quoter to be unacceptable, the technical quote of the next lowest price quoter will be evaluated. This process will continue until a technical proposal is determined to be acceptable.

EVALUATION. Vendors responding to this RFQ shall submit their quote in accordance with FAR 52.212-1.

Submission of quote shall include the following:

(1) Technical specifications:

CLIN 0001

(a) Currently authorized Paratroop Air Carrier;

(b) Type of aircraft to be provided http://www.lejeune.marines.mil/ http://www.newriver.marines.mil/ http://www.rapidgate.com/

(c) Certifications required to receive authorizations to land and operate out of military controlled airfields and Drop

Zones

CLIN 0002

(a) Currently authorized Paratroop Air Carrier;

(b) Type of aircraft to be provided

(c) A statement of how the factors in paragraph 4.3 Airfield/Drop Zones of the PWS will be satisfied. Merely restating the PWS requirement is not acceptable

(d) A complete explanation of how requirements1 through 12 in paragraph 4.4 Facilities/ Services of the PWS will be satisfied. Merely restating the PWS requirement is not acceptable.

(2) Delivery

(a) CLIN 0001 - Statement regarding ability to meet the required Period of Performance of 20-22 September 2016

(b) CLIN 0002 - Statement regarding ability to meet the required Period of Performance of 30 September 2016 – 22

October 2016

(3) Price

Award will be made on the basis of the lowest price technically acceptable (LPTA) of quotes meeting or exceeding the acceptability standards for non-cost factors. The Government intends to evaluate quotes and award a contract without discussions with vendors. Vendors should not expect requests for clarification or additional information from the Government. Therefore, 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 with vendors if later determined by the Contracting Officer to be necessary and in the best interest to the Government. The Government may reject any or all quotes if such action is in the public interest; and may waive informalities and minor irregularities in quotes received.

SUBMISSION REQUIREMENTS. Quoters shall include:

1) Completed FAR provision 52.212-3 - The quoter shall complete only paragraphs (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 Quoter has not completed the annual representations and certifications electronically, the Quoter shall complete only paragraphs (c) through (r) of this provision. Put company name on document.

2) Technical specifications, Delivery, and Price (see EVALUATION paragraphs above).

3) Confirm that your price is “Open Market” and not GSA pricing.

4) Provide the following information: CAGE Code and DUNS Number.

SUBMISSION OF QUOTES. Quotes related to this RFQ shall be received by the Contracting Department by the date and time indicated in block 8 on the front page of the solicitation to be considered for award. The information submitted shall be clear and legible (Note: repetitively copied data loses its clarity and legibility.)

Quotes may be submitted via email to tracy.fulks@usmc.mil (PREFERRED METHOD); via USPS to Commanding

General, Attn: Contracting Department, P.O. Box 8368, Camp Lejeune, NC 28547-8368; or via hand delivery/courier (UPS, FEDEX, Etc.) to Contracting Department, Attn: Tracy Fulks, Bldg 1116, Camp Lejeune, NC

28542. It is solely the Contractor's responsibility to ensure quotes are received within the required timeframe in

Block 8 on the first page of the SF1449.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

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 (r) of this provision.

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

http://www.acquisition.gov/

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

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

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

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

Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

"Women-owned small business concern" means a small business concern--

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

51 percent of its stock is owned by one or more women; or

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

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

United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications 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 (r) 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 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 https://www.acquisition.gov/ 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:

[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:

(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:

(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 the offeror and/or any of its principals--

(1) [ ___ ] 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 $3,500 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. §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 appear 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. §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. §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.

https://www.acquisition.gov/far/current/html/Subpart%2022_15.html#wp1088086

[ ___ ] (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…

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