M67400-16-T-0125.docx

M67400-16-T-0125

Section SF 1449 - CONTINUATION SHEET

LAMINATE TABLE TOP 36IN x 48IN

FFP

Laminate table top with the following minimum characteristics:

- Vinyl impact resistant edge

- T-mold bullnose

- 1 1/8in core particle board

- 3 1/2in radius corners

- Metallic silver bumper edge

- Rectangular design -Dimensions 36in x 48in x 1 1/4in

Recommended MFR: MTS Seating Recommended Part#: 234-36x48 III OR EQUAL Recommended Color: 1836K-45 (Crystalline Ice) OR EQUAL

All fees associated with shipping and handling shall be included in the cost of the item.

FOB: Destination

MILSTRIP: M2022116SUWRC01

PURCHASE REQUEST NUMBER: M2022116SUWRC01

NET AMT

LAMINATE TABLE TOP 36IN x 48IN

Laminate table top with the following minimum characteristics:

- Vinyl impact resistant edge

- T-mold bullnose

- 1 1/8in core particle board

- 3 1/2in radius corners

- Metallic silver bumper edge

- Rectangular design

- Must be a different color than table in CLIN0001 -Dimensions 36in x 48in x 1 1/4in

Recommended MFR: MTS Seating Recommended Part#: 234-36x48 III OR EQUAL Recommended Color: 1853K-35 (Luna Shadow) OR EQUAL

All fees associated with shipping and handling shall be included in the cost of the item.

FOB: Destination

NET AMT

LAMINATE TABLE TOP 36IN x 72IN

Laminate table top with the following minimum characteristics:

- Vinyl impact resistant edge

- T-mold bullnose

- 1 1/8in core particle board

- 3 1/2in radius corners

- Metallic silver bumper edge

- Rectangular design

- Must match quoted color for CLIN0002 -Dimensions 36in x 72in x 1 1/4in

Recommended MFR: MTS Seating Recommended Part#: 234-36x72 III OR EQUAL Recommended Color: 1853K-35 (Luna Shadow) OR EQUAL

All fees associated with shipping and handling shall be included in the cost of the item.

FOB: Destination

NET AMT

METAL TABLE BASE 22IN x 5IN

Metal table base with the following minimum characteristics:

- H base design

- Powder coat finish

- Compatible with the table tops in CLINs 0001 & 0002

- 22in x 5in base spread

- 3" diameter column

Recommended MFR: MTS Seating Recommended Part#: CI-2522-21 OR EQUAL Recommended Color: OW-4 (Smoked Pewter) OR EQUAL

All fees associated with shipping and handling shall be included in the cost of the item.

FOB: Destination

NET AMT

METAL TABLE BASE 22IN x 5IN

Metal table base with the following minimum characteristics:

- H base design

- Powder coat finish

- Compatible with table tops the size of 36in x 96in

- 22in x 5in base spread

- 3" diameter column

Recommended MFR: MTS Seating Recommended Part#: CI-522-3LS PC OR EQUAL Recommended Color: OW-4 (Smoked Pewter) OR EQUAL

All fees associated with shipping and handling shall be included in the cost of the item.

FOB: Destination

NET AMT

BANQUET STACKING CHAIR

Banquet stacking chair with the following minimum characteristics:

- Two tone

- Top hat back without hand hold

- Box seat

- Square tapered steel leg

- Metal based glides

- Powder coated frame

Recommended MFR: MTS Seating Recommended Part#: CF-5505-TT GR21 OR EQUAL Recommended Color:

- Seat/Lower Back: Chaise/Parchment OR EQUAL

- Upper Two Tone Back Strip: Minuet/Wheat Fields OR EQUAL

- Frame: OW-4 (Smoked Pewter) OR EQUAL

All fees associated with shipping and handling shall be included in the cost of the item.

FOB: Destination

NET AMT

BANQUET STACKING CHAIR

Banquet stacking chair with the following minimum characteristics:

- Two tone

- Top hat back without hand hold

- Box seat

- Square tapered steel leg

- Metal based glides

- Powder coated frame

Recommended MFR: MTS Seating Recommended Part#: CF-5505-TT GR21 OR EQUAL Recommended Color:

- Seat/Lower Back: Chaise/Slate Blue OR EQUAL

- Upper Two Tone Back Strip: Minuet/Wheat Fields OR EQUAL

- Frame: OW-4 (Smoked Pewter) OR EQUAL

All fees associated with shipping and handling shall be included in the cost of the item.

FOB: Destination

NET AMT

DESK

Custom made desk with the following characteristics:

- 30in W x 48in L x 42in H

- 3 enclosed sides

- Laminate construction shelves

- Storage drawer

- Grommet for cable management

All fees associated with shipping and handling shall be included in the cost of the item.

FOB: Destination

NET AMT

BAR STOOL

Pedestal type swivel bar stool with the following minimum characteristics:

- 30in H

- Bucket seat with flared legs

- Chrome foot ring

- Powder coated frame

- Memory return swivel

Recommended MFR: MTS Seating Recommended Part#: 902-30-G GR3 OR EQUAL Recommended Color:

- Seat: Silvertex/Champagne OR EQUAL

- Frame: OW-4 (Smoked Pewter) OR EQUAL

All fees associated with shipping and handling shall be included in the cost of the item.

FOB: Destination

NET AMT

ARTWORK 24IN x 36IN

Custom artwork with the following minimum characteristics:

- Custom color board

- Images to be chosen at time of contract award

- 24in x 36in

- Ready to hang

All fees associated with shipping and handling shall be included in the cost of the item.

FOB: Destination

NET AMT

ARTWORK 36IN x 36IN

Custom artwork with the following minimum characteristics:

- Custom color board

- Images to be chosen at time of contract award

- 36in x 36in

- Ready to hang

All fees associated with shipping and handling shall be included in the cost of the item.

FOB: Destination

NET AMT

WINDOW TREATMENT DECOR

Window treatments with following minimum characteristics:

- Shades: -5% open chain clutch

- Valances: Kick pleat panel with velcro attachment to 1in x 2in board

All fees associated with shipping and handling shall be included in the cost of the item.

FOB: Destination

NET AMT

INSTALLATION

Installation service to include:

Assembly and installation of all dining facility furniture and decor quoted above (CLIN 0001~CLIN 0012).

Installation in accordance with the attached Statement of Work (SOW).

FOB: Destination

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

SUBMISSION OF OFFERS

*All quotes shall be submitted in English.

* A single firm-fixed price contract will be issued and it is the Government’s intent to award on an “all-or-none” basis to satisfy this requirement.

SUBMISSION OF QUOTES

Procurement Approach: The Contractor’s quoted item descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in each CLIN.

The Offeror is required to submit as its quote the following:

(X) Price quote (Solicitation No. M67400-16-T-00125)

(X) Clearly state whether the quoter can meet the required delivery timeframe. Vendors who cannot meet the delivery and installation timeframe, as stated below, will be considered Non-Responsive.

(X) Offeror shall submit three separate volumes: Volume I – Technical Acceptability to the Requirement, Volume II – Price Quote, and Volume III – Offeror’s Representations and Certifications.

Volume I – (Technical Information): Offerors shall submit one original copy and one redacted version. The redacted version is used during the technical evaluation and therefore; it should be without company logo, identifying marks and names must be redacted. Failure to provide a redacted copy may result in a non-responsive determination. Be advsied that all quotes shall be submitted in English. The Government will validate Offerors’ redacted company information but will not make changes to Offerors’ provided redacted offer either to add or delete redacted text/graphics/etc.

1. Required Items List & Descriptions: Offerors shall provide the specifications of the offering items in the Line Item Specifications, and submit it as a part of their offer.

1. Descriptive Literature for the offered items: Offerors shall submit “Descriptive Literature” such as catalog(s) and/or brochure(s) as a part of their offer which is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as Size, Design, Materials, Components and Performance characteristics.

1. Estimated Delivery Date and Installation Schedule: Offerors shall provide an estimated delivery date and installation schedule including a sequence of activities and an estimated completion date for the furniture installation service. (Required delivery date: 120 days after the contract award)

1. Warranty Terms and Conditions: Offerors shall provide a statement/document indicating the terms and conditions of the warranty. Warranty shall be provided at least minimum stated for each separate item. The warranty period shall start from the date of the Government’s acceptance of the furniture.

To ensure technical acceptability:

The manufacturer’s name and manufacturer’s complete part number of items quoted shall be submitted. A mere statement that the Offeror will meet the Government requirement is NOT sufficient.

Technical Information WITH pictures: shall not contain any pricing information but shall include A picture (visual representation, illustration, depiction or photograph) with a detailed description or specification of the item being proposed to ensure adequate technical understanding and compliance of each item.

EVERY SPECIFICATION, FOR EACH ITEM, SHALL BE ADDRESSED FOR COMPLIANCE WITH THE REQUIREMENTS LIST AND/OR STATEMENT OF WORK. FAILURE TO ADDRESS THE SPECIFICATIONS REQUESTED SHALL RESULT IN AN UNACCEPTABLE RATING.

The information provided in the specifications section shall be from the manufacturer's specification sheet and shall not be a reiteration (Copy and Paste) of the information from the solicitation.

Include drawings, floor layouts, product literature, pictures, commercial warranty information and description of ALL quoted items. Failure to provide floor layouts to show the items quoted fit in the rooms may result in as a “Non-Responsive” determination.

Warranty terms shall be provided for all quoted items.

Approximate:

The Contractor’s measurements shall be within plus or minus 3 inches of approximate measurements given. Measurements that do not say approximate are exact. Measurements that exceed 3 inches shall be considered alternate offers and will be considered as acceptable or unacceptable on a case-by-case based on whether or not the measurements of the alternate items offered meet the Marine Corps’ requirements in terms of room layout/dimensions.

Volume II: Price Quote

1. Pricing: All quotes submitted shall be the Contractor’s Best Pricing.

2. All shipping and freight charges shall be included in the price of the item. Failure to include the shipping charge in the price of the item may result in a Non-Responsive determination.

Offerors are advised to provide a quote for both delivery locations listed below:

AND

3. Pricing terms and conditions: Offerors shall submit their best pricing terms and conditions in accordance with the Government desired pricing terms and conditions

Volume III: Offeror’s Representations and Certifications shall contain all information regarding Offeror’s Representations and Certifications or a validation that System for Award Management (SAM) registration Online Representations and Certifications Application (ORCA) information is up to date and includes all the necessary representations and certifications. Only one (1) original copy shall be submitted for Volume III.

Offeror’s Representations and Certifications at FAR 52.212-3 and FAR 52.209-5 shall be completed.

The following additional information MUST be provided with the quote under Volume III and on a separate page on company letterhead. Failure to provide this information may result in a Non-Responsive Determination.

Note to Offerors:

1) All and any communications/questions pertaining to this solicitation must be submitted in writing to the responsible Contracting Specialist, Kazuho Tamayose, no later than 29 July, 2016 @08:00 AM Japanese Standard Time (JST). If an Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the Contract Specialist in writing with supporting rationale. The Offeror is reminded that the Government reserves the right to award this effort based on the initial quote, as received, without discussions.

MAIL:

Regional Contracting Office Attn: Ms. Kazuho Tamayose PSC 557 Box 2000

FPO AP 96373-2000

Hand Carried:

Phone: 011-81-98-970-8531 (from U.S.) / 098-970-4481 (Local) Fax: 011-81-98-970-0969 (from U.S) / 098-970-0969 (Local)

Email:kazuho.tamayose.ja@usmc.mil

2) Submission of offers: The solicitation must be returned to the address listed above at the date and time specified in combined synopsis/solicitation. Offers may be submitted by mail, email, courier, or facsimile. Facsimile offers are subject to the same rules as paper offers. The Government reserves the right to make award solely on the offers received or enter into “discussions” therefore quoters are cautioned that their initial quotes should contain their best terms from a technical and price standpoint. Offerors bear the burden of ensuring that offers (and any authorized modifications) reach the designated office on time and should allow a reasonable time for facsimile or email transmissions to be completed.

3) Offers may be submitted electronically (emailed); however, due to government computer firewall security, please be advised that it is the Offeror’s responsibility to ensure that the Contracting Office receives all required documents.

4) All pages of the offer must reach the office before the deadline specified on the solicitation. Pages of a facsimile transmission that arrive in the office after the specified deadline will be marked as late. The Offeror bears the risk of non-receipt of facsimile transmissions and should confirm by telephone that any facsimile was received. Any facsimile transmission must clearly state the solicitation number and the name of the Contract Specialist on the first page, to ensure proper receipt.

5) Contract Authority: This solicitation is being conducted under FAR subpart 12 and 13.5.

6) System for Award Management (SAM) Additional Information. All DoD Contractors are now required to be registered within the SAM database prior to award, during performance and throughout final payment of any contract resulting from this request for quotation. Offerors may obtain information on registration and annual confirmation requirements by calling 1-312-463-3376 or via the Internet at: https://www.sam.gov. Registration on line will normally take 5 business days vice the standard 30 days processing time required through other methods.

7) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

8) Offered prices shall not include the Consumption Tax in accordance with paragraph c. FAR Clause 52.229-6 entitled, “Taxes - Foreign Fixed - Price Contracts”.

9) Offerors shall ensure that all correspondence that is addressed to the United States Government is submitted in English or with an English translation.

NOTE: Offeror’s expenses incurred as a result of quote preparation shall not be reimbursed by the U.S. Government.

Delivery: The Government requires delivery 120 days after date of contract. A pre-installation meeting(s) shall be conducted with Government representatives no less than twenty-four hours before the installation begins. Government point of contact and phone number will be provided at time of contract award.

Installation: The installation will be coordinated with the Contractor no less than two weeks prior to actual required installation date, once this date is known. Installation should be completed within 30 days of arrival.

Location: All items will be delivered and installed at: CATC Camp Fuji, Japan

Evaluation: Award will be made to the Lowest Price Technically Acceptable quote. The Government intends to make a single Firm Fixed Price Award to satisfy this requirement.

The Government reserves the right to make award solely on the quotes received or request clarifications. Vendors bear the burden of ensuring that quotes (and any authorized modifications) reach the designated office before the deadline. All pages of the quote must reach the office before the deadline specified. Late quotes will not be accepted or evaluated.

SYSTEM FOR AWARD MANAGEMENT (SAM) VALIDATION

Effective 01 March 1999 all payments made by the government will be made by Electronic Fund Transfer (EFT). All DoD Contractors are now required to be registered within the SAM database prior to award, during performance and throughout final payment of any contract resulting from this request for quotation. Offerors may obtain information on registration and annual confirmation requirements by calling 1-312-463-3376 or via the Internet at: https://www.sam.gov. Registration on line will normally take 5 business days vice the standard 30 days processing time required through other methods.

The following information must be provided with this quotation:

Commercial And Government Entity Code (CAGE). ____________________ (U.S. Vendor Only)

NATO Commercial And Government Entity Code (NCAGE). ____________________ (Foreign Vendor Only)

Taxpayer Identification Number (TIN). _____________________________

Data Universal Numbering System (DUNS). __________________________

By submitting the above information, offerors are affirming that they are registered in the SAM database.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

SUPPLY CHIEF (M20229)

MILITARY PORT

YOKOHAMA 221-00002

224-8546 FOB: Destination M20229

M20229

M20229

M20229

M20229

M20229

M20229

M20229

M20229

M20229

M20229

M20229

M20229

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

(iv) 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).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

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

EVALUATION FOR AWARD

The Government shall utilize the source selection criteria as outlined below and evaluate in accordance with the FAR, 13.5 Lowest Price Technically Acceptable Source Selection Process.

a) The basis of award will be determined by means of an integrated assessment of each quote in terms of Technical Acceptability to the Requirement and Price Information. Award will be made in accordance with the FAR Lowest Price Technically Acceptable source selection process (LPTA), to the responsive Offeror whose offer is the lowest price meeting or exceeding the acceptability standards in accordance with the technical specifications in the solicitation. The offer must be determined to be technically acceptable before being considered further. The following factors shall be used to evaluate offers:

1. Evaluation of Non-Cost/Price (Technical)

Technical Acceptability to the Requirement

Product information

Offeror shall submit “Descriptive Literature” as a part of its offer which is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as Design, Materials, Components, Performance characteristics; and, Methods of manufacture, assembly, construction, or operation. This literature shall include pictures of the items.

Adjectival Ratings for Non-Cost/Price (Technical):

The Offeror’s Technical Acceptability to the Requirement will be evaluated to determine if it is acceptable or unacceptable, using the ratings and descriptions outlined in the Table below.

Technical Acceptable/Unacceptable Ratings

2. Evaluation of Price

The Government will evaluate the Offeror's price of each priced Contract Line Item Number (CLIN). An Offeror’s quote shall represent the Offeror’s best efforts to respond to the solicitation. The evaluated price will be the price of each priced Contract Line Item Number (CLIN). Award shall be made to the lowest evaluated price of quotes meeting or exceeding the acceptability standards in accordance with the technical specifications in the solicitation. The price of all CLINs will be evaluated by the Contract Team for price reasonableness using price analysis techniques.

3. Best-Value Decision and Documentation

a. The Government shall select the source whose quote offers the best value to the Government in accordance with established criteria in the solicitation provision.

b. The Government shall ensure the quotes are evaluated for acceptability but not ranked using the non-cost/price factors.

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 (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.

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 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.