4.02a N6146321RC018FN Provisions and Clauses.pdf

N6146321RC018FN

Section Contract Clauses

STATEMENT OF WORK

STATEMENT OF WORK

MARRIAGE ENRICHMENT RETREAT—LAKE GENEVA, WI AREA

1.0 Background

1.1 Chaplains Religious Enrichment Development Operation (CREDO) is a program sponsored by the United States Navy Chief of Chaplains that offers transformational retreat-based and non-retreat events designed to assist Sailors and their families in developing the spiritual resources and resiliency necessary to excel in the military environment. Since 1971, CREDO has offered spiritual, personal, and relational growth opportunities to enhance the lives and service of participants. CREDO provides commanders with a key resource by which to care for and strengthen their Sailors and families.

1.2 CREDO programs and personnel are operationally focused, family supportive, and flexible in provision.

CREDO programs are designed to maximize operational impact, offer standardized retreats and training, and clarify appropriate relationships for all Sailors. CREDO retreats enhance the Navy core values of honor, courage, and commitment by developing Sailors and families who are ethically and morally grounded, supportive of their families, spiritually ready, and sustained in their religious freedom and mission capability.

1.3 The Marriage Enrichment Retreat (MER) is a three-day, two-night retreat designed to equip military married couples with knowledge, skills, and insight to enhance their relationships and thrive in a demanding military lifestyle. Participants engage in discussion of sensitive personal experiences, and require a quiet, secure, and reflective environment.

2.0 Statement of Objectives & Period of Performance

2.1 The CREDO Program requires six Marriage Enrichment Retreats at 4-Star Rated (or current member of the Diamond Collection or Select Registry) venues for retreats in support of its mission. The facility shall be suitable, appropriate, fitting and conducive for the purposes listed herein (see Section 1.0).

2.2 The facility for this requirement shall be at a resort, hotel, boutique hotel, or inn within 1.5 miles of Lake Geneva, WI and shall have access to Lake Geneva.:

2.3 The period of performance will be for one (1) calendar year from contract award date. There will be two (2) retreats per calendar year.

2.4 The target dates may be changed prior to award of contract by mutual consent between CNRMA CREDO, the Contracting Officer, and the Vendor; or after the award of the contract only by a written contract modification requiring consent of all three parties.

2.5 Target Dates: 1. October 22-24, 2021

2. December 3-5, 2021

2.7 The retreat will begin with staff arriving at 1:00 p.m. and participants checking into their rooms after 3:00 p.m. on Day One. The retreat will end at 12:00 p.m. on Day Three. Appendix B is a sample schedule of the retreat.

3.0 Date Change, Rescheduling, and Cancellation

3.1 Retreat dates may change only by mutual written consent between CREDO, the Contracting Officer, and the vendor.

3.2 The government may elect to cancel, or to reschedule the retreat to an alternate weekend or days (mutually agreed upon by the government and the vendor as above), at no additional cost to the government.

3.3 If rescheduling or cancellation is required, the government shall notify the vendor of the request no later than fifteen (15) business days prior to the scheduled arrival time.

3.4 All cancellations, rescheduling and/or changes shall be finalized ONLY by written contract modification electronically signed by the Contracting Officer. Informal communication between GTPOCs and the vendor do not constitute authorized changes to the scope of this event.

4.0 Retreat Facility

4.1 The facility shall have a minimum 4-Star Rating or be a current member of the Diamond Collection or Select Registry (except as noted in Paragraph 2.2 above). The facility shall reflect an obvious enhanced level of quality throughout; include a high degree of hospitality, service, and attention to detail; and shall be free of mold, mildew or insects.

4.2 The facility shall have the following at a minimum:

4.3.1 Meeting space and room accommodations suitable for “Retreat Purposes" and similar functionalities.

4.3.2 Venue staff physically present 24-hours a day within the facility premises to provide customer service, resolve issues immediately and assist guests as necessary.

4.3.3 Swimming pool, hot tub and/or on-site spa and/or an exercise room or equipment, providing guests opportunities for physical fitness and relaxation.

4.3.4 Full-service restaurant on-site (lobby bar/lounge is NOT acceptable), with on-site catering sufficient to simultaneously accommodate at least 50 persons with buffet-style meals, allowing all participants to eat together at all meals included in this contract exclusive of Night 2 (See 6.1.4, Date Night).

4.3.5 Guest rooms equipped with coordinated furniture and décor, one queen or king bed and bed linens, blackout drapes or shades, closet with hangers, ironing board and iron, flat-screen TV with remote, land-line telephone, hair dryer, and toiletries. A mini-refrigerator and in-room coffee maker are preferred but not required. Rooms equipped with double beds, single/twin beds, or two queen beds are not acceptable.

4.3.6 Wi-Fi Internet access provided free of charge to retreat participants.

4.3.7 Elevator (in safe operating condition) for any facility more than two-stories.

4.3.8 Ice machines within the facility premises.

4.4 The facility shall be available to persons of any race, gender, creed, religion, or sexual orientation.

4.5 The facility must be compliant with the requirements of the Americans with Disabilities Act.

4.6 The facility shall have appropriate and adequate physical and electronic security measures in place in support of its guests, patrons and functions.

4.7 The facility shall be compliant with requirements of the Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) (15 U.S.C. 2201 et. Seq.), and is listed on the U.S. Fire Administration Hotel and Motel National Master List found at http://www.usfa.fema.gov/hotel/search.cfm.

5.0 Accommodations and Amenities

5.1 The maximum number of rooms required for each Marriage Enrichment Retreat (MER) is 23 rooms, equipped with one (1) King or Queen bed each, to accommodate 43 individuals (20 couples and 3 CREDO staff).

5.2 Checkout time on Day 3 shall be no earlier than 12:00 p.m.

5.3 Participating couples shall occupy the same assigned bedroom for the entire retreat period. Any room changes/requests by the facility must be individually authorized by the Government Technical Point of Contact (GTPOC) or on-site CREDO representative.

5.4 The facility shall provide two large meeting rooms (one for training and one for meals/activities) able to comfortably and simultaneously accommodate 50 persons each, such that participants’ movement during large and/or small group activities is not impeded.

5.4.1 The training room shall be equipped with tables and chairs in a classroom arrangement (appropriate for this setting, function and purpose) that will allow participating couples a forward view of a projection screen and interaction with one another.

5.4.2 The facility shall provide a ready-to-use working large projection screen, power strip and small table in front of the screen for CREDO A/V equipment. No other A/V equipment is necessary.

5.4.3 The meal and activity room shall be equipped with round tables and chairs sufficient to comfortably seat all participants, six (6) to eight (8) persons per table, with additional space to allow free movement both to and from the serving area and between tables.

5.4.4 Meeting rooms shall be located in an area that affords privacy, such that group activities, music, and conversation will neither disturb, nor be disturbed by, other patrons utilizing the facility.

5.5 The facility shall provide one (1) voucher per participant, or one (1) room credit per couple, for use at a 4-or 5-star restaurant located at or adjacent to the facility at a time of their choosing on Night 2 (See 6.1.4, Date Night). Vouchers shall be valued as follows:

5.5.1 $50 per voucher; $100 per couple.

5.6 The facility shall provide free Wi-Fi / Internet access to all participants and staff, both within the meeting space and in each guest bedroom.

5.7 The facility shall provide parking free of charge to retreat participants. If free on-site parking is not available, parking rate for one vehicle per couple shall be included in the rate for the length of the retreat.

5.8 When available, a “Romance Package” or “Special Activity” such as a spa-package voucher may be included as an option in the quoted overall price.

6.0 Food Service

6.1 The facility shall provide six (6) meals during the retreat. Appendix A is a suggested list of food items desired. The following are required meals and preferred times as reflected in Appendix B:

6.1.1 Dinner – Day 1, served no later than 6:00 p.m to 7:00 p.m. (buffet style).

6.1.2 Breakfast – Day 2, served from 8:30 a.m. to 9:00 a.m. (buffet style).

6.1.3 Lunch – Day 2, served no later than 12:00 p.m. (buffet style).

6.1.4 Date Night

6.1.4.1 The facility shall provide one (1) voucher (same as cash) or gift card per participant, or one (1) room credit per couple for use at a 4- or 5-star restaurant located at or adjacent to the facility at a time of their choosing.

6.1.4.2 The facility shall guarantee acceptance of vouchers by the participating restaurant, and ensure that vouchers are inclusive of tax and gratuity.

6.1.4.3 Vouchers shall not be redeemable for alcoholic beverages; participants shall pay for alcoholic beverages individually.

6.1.4.4 Participants shall be provided the regular dinner menu of the restaurant, and be seated in the usual dining area for restaurant patrons. Neither limited menus created solely for this retreat nor separate seating areas solely for retreat participants are acceptable.

6.1.4.5 A hotel bar/lounge is not an acceptable venue for this feature.

6.1.5 Breakfast – Day 3, served between the hours of 8:30 a.m. to 9:00 a.m. (buffet style).

6.2 All meals shall consist of hot food items served buffet style with the exception of the vouchered Date Night meal (Paragraph 6.1.4) No two meals shall be exactly the same.

6.3 Snacks. Three (3) snacks shall be provided at the times below.

6.3.1 Afternoon of Day 1, serving no later than 3:00 p.m.

6.3.2 Morning and Afternoon of Day 2, afternoon serving no later than 12:30 p.m.

6.3.3 Morning of Day 3.

6.3.4 Each snack shall consist of one healthy option and/or one sweet option. Prepackaged Breakfast Bars or Granola Bars are not acceptable.

6.4 Beverage service. The facility shall provide beverage services including regular and decaffeinated coffee, hot tea, juice, water and/or sparkling water for each day of the retreat as follows:

6.4.1 Day 1: 3:00 p.m. to 8:00 p.m.

6.4.2 Day 2: 10:00 a.m. to 3:00 p.m.

6.4.3 Day 3: 9:00 a.m. to 12:00 p.m.

6.5 The facility shall provide food groups and food group substitutes for participants with special dietary needs.

Special dietary requirements will be communicated to the vendor in conjunction with the rooming list.

6.6 The vendor shall provide a Banquet Event Order (BEO), which will include menus for meals for approval by the CREDO GTPOC five (5) business days prior to the scheduled retreat.

7.0 Invoicing and Payment

7.1 The vendor shall invoice the government only for the actual bedrooms and food service provided during the retreat period.

7.2 The vendor shall provide a detailed cost breakdown in support of the invoice for submission to the GTPOC.

7.3 Payment for this contract shall be made via DFAS Electronic Funds Transfer (EFT) utilizing the Wide Area Work Flow (WAWF) System. The contractor is required to register and setup an account in the WAWF System in order to receive payment. The U.S. Government reserves the right to change this method through other means only by a contract modification, if necessary.

8.0 Government Technical Points of Contact (GTPOC)

8.1 Commander, Navy Region Mid-Atlantic (CNRMA)

Regional Chaplain

CAPT Stephen Shaw, CHC, USN 1510 Gilbert Street, Suite 200 Norfolk, VA 23511 757-322-2939

Stephen.j.shaw1@navy.mil

8.2 CREDO Director

CDR Edward Erwin Director, CREDO Mid-Atlantic 1510 Gilbert Street, Suite 200

Norfolk, VA 23511 757-445-4502 Edward.h.erwin1@navy.mil

CREDO Norfolk GTPOC

LCDR Michael Monroig, CHC, USN Deputy Director, CREDO Mid-Atlantic 1510 Gilbert Street, Suite 200

Norfolk, VA 23511 757-445-4502 michael.monroig@navy.mil

8.3 GTPOC shall provide the facility with participant’s name listing and special food requirements (if any) five

(5) business days prior to the scheduled retreat.

APPENDIX A

SUGGESTED MENU

BREAKFAST (Day Two and Day Three)

PANCAKES OR FRENCH TOAST

BAGELS, TOASTS, PASTRY ITEMS, CEREALS

FRUIT

SCRAMBLED EGGS OR OMELET STATION

SAUSAGE, BACON OR HAM

HOME FRIED POTATOES OR HASHBROWNS

SELECTION OF FRESH JUICES

MILK

HOT COFFEE & TEA

ICED WATER

DINNER (Day One) & LUNCH (Day Two)

POTATOES, PASTA, RICE

2 OR MORE HOT ENTRÉES

TOSSED GREEN SALAD WITH VARIETY OF DRESSINGS

FRESH SEASONAL VEGETABLES

WARM ROLLS AND BUTTER

ASSORTED DESSERTS

HOT COFFEE AND HOT TEA

ICED TEA & SODA

WATER & SPARKLING WATER

APPENDIX B

EXAMPLE SCHEDULE

DAY 1

1:00pm CREDO Staff Arrive Conference Room Open 2:00pm Participant Arrival/Session Conference Room 3:00pm Room Check-In Snack #1/Beverage Service (Half Day) 3:30pm Training Session Conference Room 6:00pm Dinner Separate Dining Room 7:00pm Training Session Conference Room

DAY 2

6:30am Conference Room Open 8:30am Breakfast Separate Dining Room 9:00am Training Session Beverage Service (Full Day) 10:30am Break 12:00pm Lunch Separate Dining Room 12:45pm Training Session Beverage Service (Full Day) 3:00pm Couple Free Time Dinner Voucher (same as cash) for on-site restaurant Day 3 6:30am Conference Room Open 8:30am Breakfast Separate Dining Room 9:00am Training Session Snack #1/Beverage Service (Half Day) 10:00am Break 12:00pm Retreat Ends/Check-out

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-41 Service Contract Labor Standards AUG 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.225-7048 Export-Controlled Items JUN 2013 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(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:

The Government will award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote/offer which indicates that quote/offer may not represent best value. In that case, the Government reserves the right to consider the past performance of other quotes/offers, conduct a price, past performance tradeoff, and award to other than the lowest price quote/offer.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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"—

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"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 its stock 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 the stock of which is owned by one or more women; and

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) 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 SAM.]

(c) Offerors must complete the following representations when the resulting contract is to 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: 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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) 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 to the Equal Opportunity clause of this solicitation; 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 parts 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) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "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) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line item No. Country of origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements-- Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

Line item No. Country of origin

[List as necessary]

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. 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.

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. 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

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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:

Line item No. Country of origin

[List as necessary]

(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

Line item No. Country of origin

[List as necessary]

(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…