Solicitation_M67861-16-T-A001.doc

Section SF 1449 - CONTINUATION SHEET

POSTAL SUPPORT

FFP

Vendor to provide postal support in accordance with the performance work statement incorporated herein and to support the requirement of 130 Reserve sites located throughout the United States and Puerto Rico. See Attachment 1 for locations of Reserve sites and the postal requirements of each location. Base period of performance: 12/01/2015-11/30/2016

***Contractors shall provide an itemized breakdown of pricing with quotation.

FOB: Destination

MILSTRIP: M2638116RC00017

PURCHASE REQUEST NUMBER: M2638116RC00017

NET AMT

FFP

Vendor to provide postal support in accordance with the performance work statement incorporated herein and to support the requirement of 130 Reserve sites located throughout the United States and Puerto Rico. See Attachment 1 for locations of Reserve sites and the postal requirements of each location. Option #1 period of performance: 12/01/2016-11/30/2017

***Contractors shall provide an itemized breakdown of pricing with quotation.

FOB: Destination

NET AMT

FFP

Vendor to provide postal support in accordance with the performance work statement incorporated herein and to support the requirement of 130 Reserve sites located throughout the United States and Puerto Rico. See Attachment 1 for locations of Reserve sites and the postal requirements of each location. Option #2 period of performance: 12/01/2017-11/30/2018

***Contractors shall provide an itemized breakdown of pricing with quotation.

FOB: Destination

NET AMT

FFP

Vendor to provide postal support in accordance with the performance work statement incorporated herein and to support the requirement of 130 Reserve sites located throughout the United States and Puerto Rico. See Attachment 1 for locations of Reserve sites and the postal requirements of each location. Option #3 period of performance: 12/01/2018-11/30/2019

***Contractors shall provide an itemized breakdown of pricing with quotation.

FOB: Destination

NET AMT

FFP

Vendor to provide postal support in accordance with the performance work statement incorporated herein and to support the requirement of 130 Reserve sites located throughout the United States and Puerto Rico. See Attachment 1 for locations of Reserve sites and the postal requirements of each location. Option #4 period of performance: 12/01/2019-11/30/2020

***Contractors shall provide an itemized breakdown of pricing with quotation.

FOB: Destination

NET AMT

PERFORMANCE WORK STATEMENT

1. Objective. The objective of this Performance Work Statement (PWS) is to obtain United States Postal Service support for postal operations for units within Marine Forces Reserve (MARFORRES).

2. Background. The Postal Operations System (POS) for MARFORRES receives and sends official mail for 130 sites. The mail rooms at each of these locations vary in capacity and are governed by Title 39, U.S. Code, DoD Instruction 4525.6-M, and Marine Corps Orders 5110.4A and P5110.6B that require reporting, accountability, and fiscal responsibility. All system requirements must be fully operational and functional no later than the beginning of the business day on 1 December 2015.

2.1 Delivery and Service. Support shall be in place and operational by 1 December 2015. The Vendor shall contact the Ordering activity at least 1 week prior to Equipment delivery to coordinate and establish the Delivery schedule.

3. Scope. The POS shall be functional at all 130 sites. Sites are located throughout 48 continental states and Puerto Rico with collective historical throughput of over 1,000,000 pieces of mail annually. Approximately 90 percent of mail throughput is first class mail and 10 percent is accountable mail. As required, expedited mail will also be utilized on a limited basis.

3.1 Definitions

Machine unit will consist of: scale, meter and feeder and/or in combination with an online solution in order to provide stand-alone and online capability where suitable, feasible, and acceptable to the Marine Corps and its associated networks.

Small sites require support for one unit that typically negotiates 150 to 200 pieces of mail per month -- MARFORRES requires 12 machines units Medium sites require support for at least two units that typically negotiate 1000 pieces of mail per month with frequent mass mail-outs -- MARFORRES requires 91 machines units Large sites require support for multiple units that typically negotiate over 2000 pieces of mail per month -- MARFORRES requires 27 machines units

4. System Requirements. The postal solution for daily postage must accommodate postage throughput as defined by sites in paragraph 3.1. Web-based functions in part or total require Marine Corps Enterprise Network – NIPRnet (MCEN-N) access and compliance throughout the life of the system. Compliance must be completed by full operational capability. The proposed system:

4.1 Shall provide the ability to select and print postage at each reserve site per the requirements of each location;

4.2 Shall provide hierarchical reporting as explained in paragraph 6 and tracking of postage activity including, but not limited to costs and package sizes. Hierarchical reporting provides data, information, and reports available and accessible from using site, through the chain of organizational units, and to MARFORRES.

4.3 Shall provide organizational management of funds locally and/or remotely with hierarchical control measures.

4.4 Shall provide a web-based catalog for ordering consumables that are directly related to the postal system. Costs for these consumables will be absorbed by the individual site and will not be part of the contract.

5. Functional Requirements. The system shall:

5.1 Calculate postage (by weight multiplied by dimensions or by utilization of an integrated scale).

5.2 Have the capability to utilize any and all postage options authorized by United States Postal Service (USPS).

5.3 Have funds remotely capped by the Program Manager, who must have the ability to adjust funding as needed.

5.4 The resultant award may need to provide additional equipment if any new locations are acquired; this will only happen via a contract modification issued by a Government Contracting Officer.

5.5 Supplies. The Vendor shall be responsible for transporting, inventorying and issuing all Vendor-furnished supplies.

5.6 Parts and Supplies Availability. The Vendor shall have an inventory of parts and/ or supplies in quantities sufficient to service this contract. The contractor shall have an Inventory and Delivery system for parts and/ or supplies. Initial consumable supplies (e.g. postage tape and ink cartridges) shall be provided at No Charge to the Government upon each machine(s) installation and set-up. Additional Consumable costs will be the responsibility of each customer location. .

6. Reporting Requirements. The government desires that the system be capable of capturing and reviewing all postal operation activities, including spending trends, postage debits, usage and the number of each type of letter (First Class, Certified, etc.) posted at each reserve site. Due to the fact that MARFORRES is the program manager for all sites, MARFORRES must have the ability to view each site’s activity from a master account. Also, each site has to have the ability to view its own activity via their own account in order to internally manage their postal operations.

6.1 Reporting functionality shall allow reports to be accessed by month, quarter and year. At a minimum the reports shall include the following:

a. Postage consumption by all sites

b. Classes of mail being used by all sites

c. Number of items being mailed by all sites

d. Account totals to date by all sites

e. be able to pull daily inventory of the different type of classes of mail. i.e first class, priority and etc.

7. Security Requirements. The system/service provider shall:

7.1 Allow individual unit postage funds to be capped monthly or quarterly as determined by the Program Manager.

7.2 Utilize PIN code or password access for each reserve site in order for those sites to add postage funds.

7.3 Under no circumstance establish an account for any individual reserve site not included in the basic contract, or enhance the service at an existing reserve site unless authorized via a contract modification issued by the Regional Contracting Office, Marine Forces Reserve, 2000 Opelousas Ave., New Orleans, LA 70114.

7.4 Under no circumstance replace any serialized equipment without first notifying the Program Manager.

8. Service Requirements. The service provider:

8.1 Shall have a network of qualified technicians that are readily available for consultation concerning repair or replacement of malfunctioning equipment and/or associated software. The response time on a service notification begins when Government personnel notifies the Vendor. The Vendor shall respond to service notifications within four (4) working hours after notification of the malfunction. The malfunctioning equipment must be totally operational within two (2) Business days after notification, or the Vendor shall replace the equipment (regardless of the problem or difficulty) with operational equipment that has equivalent capabilities. The Vendor shall provide service during a normal Business day.

8.2 Definition of a Normal Business Day. A normal business day is between the hours of 7:30 a.m. through 4:30 p.m., Local Time of the serviced unit, excluding Federal holidays observed by the Federal Government.

9. Vendor requirements.

9.1 The Vendor shall designate a Local Servicing agent (Point- Of-Contact) who will be empowered to make daily decisions to ensure that the contract implementation and day-to-day operations satisfy the terms and conditions of this contract. However, these decisions shall in no way change the terms and conditions of the contract.

9.2 The Vendor shall provide service and maintenance as needed, included as part of the contract so that individual units are not required to utilize local funding for repairs and/or service. The Vendor shall maintain records of repair for each system. If the repair record of any one unit reflects a downtime of 10 percent or more of the normal working days in two consecutive months, the Vendor shall replace the system with another new system. The replaced unit will not be placed back into service under this contract.

All Postage Mail Meter systems shall be delivered and installed no later than 1 December 2015. The only basis for payment shall be based on the pricing provided by the contract award.

9.3 The Vendor shall inspect equipment annually for operational capability.

9.4 The Vendor shall provide service and replacement equipment as needed, within 2 days. Failure to maintain adequate personnel to meet the required efficiency level and response time may result in Termination for Cause.

9.5 The Vendor shall perform preventive maintenance annually.

9.6 The Vendor shall provide a reliable customer service representative with contact phone number to include an answering service and email address/notification or a contract action officer to address issues pertaining to the account and other contractual discrepancies. Regardless of the mode used, response time will be calculated from the time authorized Government personnel provide notification. Note that only the contracting officer is authorized to make changes to the contract. No other Government personnel may change the terms and conditions of the contract.

9.7 The Vendor shall notify the Contracting Officer’s Representative (COR) identified herein of any changes in contact information for the customer service representative or designated action officer identified to support military units.

9.8 Replacement and Back-up Units. Back-up systems will be required. Backup systems are those units that are installed in place of a malfunctioning system in order to provide Temporary relief until the original equipment is repaired or until a replacement unit is installed. When a unit cannot be repaired within two (2) business days from the initial notification for service, the Vendor shall provide a backup system of equal performance capabilities with equivalent accessories until the initial unit is repaired

This backup unit shall be delivered and operational within three (3) Business days from the Government's initial service notification and shall be invoiced at the same rate as the unit that it is temporarily replacing. Backup units shall remain in place for a maximum of five (5) business days. If the original unit is not repaired and operable within five (5) business days, the Vendor shall provide a replacement of equal, or better, performance capabilities.

9.9 Replacement units are those Postage Mail Metering systems that are installed in place of a malfunctioning one and are intended to remain in place for the remainder of the Contract period. If the system fails to operate at the time of installation, the Vendor shall provide a Replacement unit of the same configuration within two (2) business days. Replacement units shall remain in place for the remainder of the Contract period.

9.10 When equipment is removed during the course of the month, the monthly invoice shall be prorated based on 1/30 of the Contract Fixed-price monthly Service rate based on the total number of Calendar days minus the number of days the unit was out of service.

9.11 Damage to Equipment. Title to all Mail Postage Metering equipment provided under this contract shall remain the property of the Vendor. The Vendor assumes all responsibility for loss or damage to equipment, except for loss or damage caused by negligence or willful act of the Government. As a result of such damage, the Vendor may submit a claim for reimbursement of Equipment repair and/or replacement costs. If the damage results in the total loss of the equipment, the Vendor may submit a claim for reimbursement of equipment repair and/or replacement costs.

9.12 Relocation of Postage Mail Metering systems. Relocation shall be performed by the Vendor unless the Vendor provides notice to the Contracting officer, in writing, that the relocation would not require Technically-trained Vendor personnel and the Vendor authorizes Government personnel to move the units at no risk (or liability) to the Government. The Contracting officer will provide written notice to the Vendor of any Postage Mail Metering system relocation. The Vendor shall relocate the unit within five (5) business days of notification. The cost of the first 10 relocations (per performance period), performed by the Vendor if any, shall be at the Vendors expense. Relocation charges, if any, shall be approved by the Government prior to the relocation. The Vendor shall not submit for relocation charges when Government personnel have performed Vendor-approved relocations. Relocation of mail systems shall be within the service area.

10. Training Requirements.

10.1 The Vendor shall provide training for the system and/or all equipment at each reserve site.

10.2 Within the first 30 days after contract award, the Vendor shall provide training for each reserve site.

10.3 The Vendor shall offer on-line training for at least one person for each reserve site and 10 persons at MARFORRES.

10.4 The Vendor shall provide training for new system users resulting from personnel turnover as requested by MARFORRES.

11. Contract

11.1 Contract Termination. If this contract is terminated, the Vendor shall be responsible for coordinating removal of those systems with Government personnel.

11.2 Contract End. The Vendor shall be responsible for coordinating removal of those systems with Government personnel. The Government will not be responsible for any charges after the period of performance ends. Contact info of the Incoming awardee will be provided by the Government

12. Points of Contact.

The regional contracting office is:

POC: Ms. Tammy DeMille

Phone: To be completed in award document.

Fax: To be completed in award document.

Email: tammy.demille@usmc.mil

The responsible officer and the Subject Matter Expert (SME) for approving work against this PWS are:

Shall be provided in award document

RO: TBD

Phone: TBD

Fax: TBD

Email: TBD

13. Period of Performance. One base year with four option years. Base year must start on December 1, 2015.

14. PWS ADDENDUM (INJURY/ACCIDENT REPORTING AND REPORTING LABOR HOURS)

SAFETY GUIDANCE

Contractors shall adhere to all relevant safety guidance, including (but not limited to):

(a) EM 385-1-1 – U.S. Army Corps of Engineers Safety and Health Requirements Manual

(b) OPNAVINST 5100.23 (series), Navy Occupational Health and Safety Program Manual

(c) MCO 5100.29 (series), Marine Corps Safety Program

(d) MCO 5100.8, Marine Corps Occupational Safety and Health (OSH) Policy Order

(e) NAVMC DIR 5100.8, MARCOR OSH Program Manual

Contracting Officer’s Representatives shall immediately report accidents/injuries sustained during contract performance to the Contracting Officer so that the Contracting Officer may report said accidents/injuries to responsible agency safety officials.

CONTRACTOR REPORTING OF LABOR HOURS

Pursuant to NMCARS 5237.102(90), the contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Marine Forces Reserve G1 via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY;

(5) V, Freight and Shipping ONLY.

SPECIFICATIONS:

The following are brand name or equal to Pitney Bowes specifications to include USPS Certified Postage Meter:

“This is a Brand name or equal requirement that has been approved by the contracting officer.”

Small Sites:

DM225 semi automatic/hand feed mailing system, integrated to 5lb electronic postage scale; also includes:

1. Meter;

2. Automated meter dating;

3. All first class rates and special services for USPS to include certified return receipt addressee;

4. System is be able to post approximately 45 #10 envelopes per minute;

5. Has the ability to track postage usage and resetting requirements from web site;

6. Ability to cap postage downloads monthly or quarterly;

7. Compatible with analog phone line.

Medium Sites:

Model DM400C Interfaced integrated to 5lb. electronic scale and Digital meter; also includes:

1. Meter;

2. Automated meter dating;

3. All first class rates and special services for USPS to include certified return receipt addressee;

4. System must be able to post approximately 95 #10 envelopes per minute;

5. System can automatically feed, seal envelopes and have stacker tray;

6. Has ability to track postage usage and resetting requirements from web site designed for Marine Forces Reserve;

7. Ability to cap postage downloads monthly or quarterly;

8. Compatible with analog phone line.

Large Sites:

Models DM525 Digital Mailing System Integrated to 5 lb. electronic scale and Digital meter; also include:

1. Meter;

2. Fully automatic at approximtely 150 LPM with Envelope Self aligning feed deck;

3. Aproximately 13 OZ. In-line weigh capacity (approximate speeds: Speeds: 60 LPM (210 version), 50 LPM (180 version);

4. Self-aligning feed system;

5. Continuous feeding – Continually add to the stack while processing;

6. Automatic feed;

7. Appromicately 4” feeding and 4” stacking capacity;

8. Secure sealing;

9. Integrated weighing options – 5LB, (one scale maximum);

10. All first class rates and special services for USPS to include certified return receipt addressee;

11. Compatible with analog phone line.

ADDENDA

This is a Request for Quotes for commercial postal support for 130 Reserve sites within the continental United States and Puerto Rico in accordance with the Performance Work Statement incorporated herein. The government will solicit and award on a Firm-Fixed-Price basis using Simplified Acquisition Procedures in accordance with FAR Part 12, Acquisition of Commercial Items, and FAR Subpart 13.5, Test Program for Certain Commercial Items.

Addenda to FAR 52.212-1, Instructions to Offerors

This requirement is unrestricted; the applicable North American Industry Classification System (NAICS) Code is 532420 and the standard size is $32.5 mil in annual receipts.

PRESOLICITATION INSTRUCTIONS

A.1. The government will consider quotes submitted under GSA contracts. Any conflicts between this solicitation document and the terms and conditions of the GSA contract shall be clearly identified in the Offeror’s quote.

A.2.

- Government reserves the right to make multiple awards in accordance with FAR 52.212-4(h)

- All responsible sources may submit a quotation which, if received in a timely manner, shall be considered by the agency.

- Any direct customer contact by Bidders is not authorized during the solicitation phase or your bid may be at risk of being eliminated from consideration for this solicitation.

A.3. Offerors shall submit any questions, in writing, electronically to Sgt Brian Theisen at brian.theisen@usmc.mil and cc: Tammy DeMille at tammy.demille@usmc.mil.

The solicitation is only available via Federal Business Opportunities (FBO), www.fedbizopps.gov ; offerors shall:

1. Check FBO periodically for amendments.

2. The Offeror/quoter should ensure they download all documents. This solicitation contains three attachments.

In accordance with DFARS 252.232-7006, invoices under the contract are to be submitted electronically via Wide Area Workflow (WAWF). Specific instructions for invoicing through WAWF are contained in the solicitation.

A.4. Submission of Quotes:

Quotes shall be submitted electronically via email to brian.theisen@usmc.mil and cc: tammy.demille@usmc.mil. Each email may not exceed 5MB in size due to server/network restrictions.

A.5. Attachments

(1) Usage requirements by location.

(2) Technical evaluation spreadsheet will be posted to FBO prior to close of solicitation.

A.6. FORMAT AND CONTENT OF QUOTES

a. Quotes are not limited to a minimum or maximum number of pages.

b. Content of Quotes:

(i) Standard Form of Contract (SF 1449). Blocks 17a, 30b, and 30c of page 1 of Standard forms 1449 shall be completed by offerors and Block 30a shall be signed to show the offeror has read and agrees to comply with all terms, conditions, and instructions provided in the solicitation document.

(ii) Annual Representations & Certifications. Offerors shall provide a statement that certification in On-Line Representations and Certifications Application (ORCA) website, https://orca.bpn.gov/ , is current, complete, and accurate as of the date of the offeror’s signature, or list any changes.

(iii) Amendments. Acknowledgement of all amendments issued.

(iv) Offerors shall provide a statement as to whether subcontracting opportunities exist.

(v) Quotes shall address compliance with each technical element identified in technical evaluation spreadsheet (see attachments for technical evaluation spreadsheet).

(vi) Pricing.

a. As per CLIN description, Contractors shall provide an itemized breakdown of costs associated with quote.

b. Occasionally a reserve site may end its requirement for postal support, therefore, contractors shall provide an addendum in which they indicate terms and conditions for termination at the convenience of the government for a rental arrangement.

c. Price quotes shall be evaluated for the presence of ‘unbalanced pricing’ based on a contractor’s attempt to ‘buy in’ to the acquisition. The Contracting Officer shall perform a price quote analysis to determine fair and reasonable pricing. The Contracting Officer reserves the right to reject an offer if it is determined that the lack of balanced pricing poses an unacceptable risk to the Government in accordance with FAR Part 15.404-1(g).

A.7. Award: The Government reserves the right to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received A.8. Period of Acceptance of Offerors: Offerors agree to hold their prices firm for a period of sixty (60) days.

A.9. Failure to submit any of the information requested by this solicitation may be cause for unfavorable consideration.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-NOV-2016

CATHERINE SUMRULD

2000 OPELOUSAS AVE

NEW ORLEANS LA 70146

504-697-7185

FOB: Destination M26381

30-NOV-2017

M26381

30-NOV-2018

M26381

30-NOV-2019

M26381

30-NOV-2020

M26381

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-5 Women-Owned Business (OTHER THAN SMALL BUSINESS) (OCT 2014)

(a) Definition. Women-owned business concern, as used in this provision, means a concern 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; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ___ ) is a women-owned business concern.

(End of provision)

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Lowest Price Technically Acceptable - Offers will be ranked lowest to highest according to price. The lowest price offer will be forwarded to the requiring activity for technical evaluation (offer will be deemed either technically acceptable or technically unacceptable). If the lowest price offer is found technically acceptable and its price is determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price offer. If the lowest price offer is determined technically unacceptable, the next lowest price offer will be sent for technical evaluation and price analysis. This process is repeated in order of price until an offer is deemed technically acceptable and price is determined fair and reasonable. A copy of the technical evaluation template to be used by the Government is attached to this solicitation.

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

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

(End of provision)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.