N62473-18-R-5607_Combined_Synopsis_and_Solicitation.pdf

N62473-18-Q-5607 PROPOSALS DUE: 14 August 2018

N62473-18-Q-5607 BSVE: SYNOPSIS & SOLICITATION

This is a Naval Facilities Engineering Command Southwest (NAVFAC SW) combined synopsis/solicitation for non-recurring short-term lease and rental of light, medium, and heavy duty non-tactical vehicles and equipment for use throughout the NAVFAC SW Area of Responsibility

(AOR) located at various installations in California, Arizona, New Mexico, Colorado, Utah, and

Nevada. This procurement is to establish an Indefinite Delivery Indefinite Quantity (IDIQ) contract prepared in accordance with Federal Acquisition Regulation (FAR) Part 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items and FAR Part 13, Simplified Acquisition

Procedures.

This procurement is a Total Small Business Set-Aside, in accordance with FAR 52.219-6 Notice of

Total Small Business Set-Aside (Nov 2011). Only proposals submitted by Small Business Concerns will be accepted by the Government. Any proposal that is submitted by a contractor that is not a Small

Business Concern will not be considered for award. Competitive proposals are being requested under

N62473-18-Q-5607. This is a new requirement. The intent is to procure under the primary NAICS code of 532412 Construction, Mining, and Forestry Machinery and Equipment Rental and Leasing with a business size standard of $32.5 Million. The secondary NAICS for this procurement will be

NAICS 532120 Passenger Car Rental and 532111 Truck, Utility Trailer, and RV (Recreational

Vehicle) Rental and Leasing both with a business size standard of $38.5 Million. The term of the contract will be for a base period of 12 months and two 12-month option periods for a total duration of

3 years/36 months. There will be no future synopsis in the event the options included in the contract are exercised.

Basis for award: The Government anticipates awarding an IDIQ performance based contract of non-recurring work items as a competitive Lowest Priced Technically Acceptable (LPTA) proposal.

Technical Requirement:

Delivery Capability and Service Capability to meet the short term lease and rental requirements for base support vehicles and equipment.

Proposals must include the following:

(1) The solicitation number, reference: N62473-18-Q-5607 BSVE on the subject line;

(2) The name, address, and telephone number of the submitting Offeror;

(3) Price and any discount terms;

(4) “Remit to” address, if different than mailing address;

(5) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-

3(b) for those representations and certifications that the Offeror shall complete electronically);

(6) Acknowledgment of Solicitation Amendments;

(7) Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation;

(8) FAR Clause 52.212-3, Offeror Representations and Certifications; Offeror shall identify the type of Business including all applicable socio-economic categories (i.e Small Business, Women owned etc.)

(9) Factor 1- Experience: Recent, Relevant Experience of Firm Project Data Sheet

(10) Factor 2- Management Approach Data Sheet

(11) Factor 3- Past Performance: Past Performance Questionnaire Data Sheet or Contractor

Performance Assessment Reporting System (CPARS) Report

(12) Complete ELIN Pricing Schedule.

Proposals are due by 14 August 2018, at 12:00 PM, Pacific Time. Questions and proposals shall be

E-mailed to Contract Specialist: Eley DeCuba at eley.decuba@navy.mil and Kellee Krause at kellee.krause@navy.mil at on or before 13 August 2018. The point of contact for this solicitation is

Eley DeCuba at eley.decuba@navy.mil or Kellee Krause at kellee.krause@navy.mil. Please include

RFP N62473-18-Q-5607 BSVE on all Requests for Information (RFIs). All RFIs should be submitted using the Request for Information Data Sheet (Attachment B) by August 7, 2018; the Government does not intend to respond to requests submitted thereafter.

Offerors are responsible for submitting proposals so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

Offeror must comply with the detailed instructions for the format and content of the proposal; if the proposal does not comply with the detailed instructions for the format and content of the proposal, the proposal may be considered non-responsive and may render the Offeror ineligible for award.

All Offerors must have a completed registration in the System for Award Management (SAM) website prior to award of contract. Information can be found at https://www.sam.gov/. Complete SAM registration means a registered DUNS and CAGE Code numbers.

Attachments:

A. NAVFAC SW Technical Annexes

a. Annex 0100000 – General Information

b. Annex 0200000 – Management and Administration

i. Annex 0200000 – Management and Administration, Section F

ii. Annex 0200000 – Management and Administration, Section J

c. Annex 1700000-- Base Support Vehicles and Equipment

B. Data Sheets

a. Factor 1- Experience: Recent, Relevant Experience of Firm Project Data Sheet

b. Factor 2- Management Approach: Management Approach Data Sheet

c. Factor 3- Past Performance: Past Performance Questionnaire Data Sheet

d. Request for Information Data Sheet

C. ELINS Spreadsheet

THE SOLICITATION AND ASSOCIATED DOCUMENTATION WILL BE AVAILABLE IN

ELECTRONIC FORMAT ONLY. No hard copies will be provided. Amendments will be posted on

Navy Electronic Commerce Online (NECO) https://www.neco.navy.mil/ for downloading. This will be the only method of distributing amendments; therefore, IT IS THE OFFEROR’S RESPONSIBILITY

TO CHECK THE NECO PERIODICALLY FOR ANY AMENDMENTS TO THIS SOLICITATION.

The Government will not pay for information requested nor will it compensate any respondent for any proposal. FAR Clause at 52.212-2 Evaluation – Commercial Items basis for award will be LPTA.

The Government will award a contract resulting from this solicitation to the responsible Offeror submitting the lowest priced, technically acceptable offer.

mailto:eley.decuba@navy.mil mailto:kellee.krause@navy.mil mailto:eley.decuba@navy.mil mailto:kellee.krause@navy.mil https://www.sam.gov/ https://www.neco.navy.mil/

(a) The Government intends to make a single award to the responsible Offeror submitting the lowest priced, technically acceptable offer. The following factors shall be used to evaluate offers:

(1) Experience

(2) Management Approach

(3) Past Performance

(4) Price

The Government intends to make award on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for Factors 1, 2 and 3, the non-price factors. (The

Government will not, however, provide additional credit for those proposals that may exceed the standards.) When combined, the non-price factors: Factor 1 Experience, Factor 2 Management

Approach and Factor 3 Past Performance, are approximately equal to Factor 4 Price.

Offerors’ proposals will be evaluated under Factors 1 and 2 above, which represents the minimum acceptable criteria. Under these factors, the Government will rate the proposal as either acceptable or unacceptable. Failure to meet the minimum criteria for these factors will render the entire proposal unacceptable and the proposal may not be considered for award. See paragraph (b) below.

Only those offers which meet the minimum requirements required by Factors 1 and 2 will be further evaluated under Factor 3, Past Performance. Failure to meet the minimum criteria for this factor will render the entire proposal unacceptable and the proposal may not be considered for award. See paragraph (c) below.

For those proposals that are rated acceptable on Factors 1, 2 and 3, the Government will then evaluate Factor 4, Price. Award will be made to the lowest evaluated price of proposal meeting or exceeding the acceptability standards for Factors 1, 2 and 3, the non-price factors. See paragraph

(d) below.

(b) EXPERIENCE

Factor 1 will be assessed by evaluating the following from the Offerors:

(1) Recent, Relevant Experience of Firm

Submit two (2) relevant projects for the Offeror as the prime contractor that best describes the

Offeror’s experience on projects that are similar in size, scope, and complexity to the projects that may be ordered under the solicited contract under NAICS 532412 Construction, Mining, and Forestry Machinery and Equipment Rental and Leasing, and/or NAICS 532120 Passenger

Car Rental. Projects should be submitted using the Recent, Relevant Experience of Firm

Project Data Sheets (Attachment B). Offerors should provide Contracts/Projects performed with Federal, State, local or private companies. Contracts/Projects that are relevant are defined as those that are performed under the aforementioned NAICS with an annual award value (i.e.

contract price) of $1,000,000 or more. Contracts/Projects that are recent are defined as those that are at least 50% complete within the last three (3) years. The Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total page limit for each project data sheet shall not exceed three single-sided 8.5” x 11” pages.

NOTE: Projects submitted under Factor 1 – Experience must be the same projects submitted for Factor 3 - Past Performance.

(2) MANAGEMENT APPROACH

Offeror shall submit the management approach using the Management Approach Data Sheet

(Attachment B). The Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total page limit for each project data sheet shall not exceed three single-sided 8.5” x 11” pages.

Rating Description

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

(c) PAST PERFORMANCE

Factor 2 will be assessed by evaluating the following from the Offerors:

Offeror shall submit their performance record using the Past Performance Questionnaire Data

Sheet (Attachment B). This information will be used to make a determination of whether the

Offeror has a satisfactory record of past performance. Offerors should provide Past Performance

Questionnaire Data Sheets for all contracts submitted under Factor 1 to establish recent, relevant experience.

Offers which lack relevant past performance history will receive a neutral rating for this factor.

Any Offerors proposal which has no relevant past performance history, while rated neutral, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the proposals of other Offerors.

Rating Description

Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown.

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

Neutral Information not available.

(d) PRICE

All vendors shall provide pricing using the ELINS Spreadsheet (Attachment C) for a total overall price (base and options). Offeror must be registered for NAICS 532412 Construction, Mining, and

Forestry Machinery and Equipment Rental and Leasing.

Preliminary assessments of Government requirements reflect that 80% of contract performance is expected in the San Diego metro area, with the remaining 20% of contract performance expected at

NAVFAC SW AOR Over-the-Horizon (OTH) installations. A preliminary assessment is provided to share the Government’s expectation, but in no way constitutes any guaranty of future performance.

(e) 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.

At the discretion of the Contracting Officer, the Government intends to evaluate proposals and award a contract without discussions with Offerors. Each initial offer should, therefore contain the

Offeror’s best terms from both a price and technical standpoint.

Minimum/Maximum: CLIN Delivery/Task Order Minimum/Maximum Quantity and CLIN Order

This will be an IDIQ type of contract for a period of 12 months from date of award, with options to extend for two (2) additional 12 month periods; not to exceed a total of three (3) years/36 months.

The minimum guarantee for the entire value of the contract is $500.00. Individual task orders will be awarded for amounts no less than $2,500 and no more than $200,000. Funding will be allocated per task order.

Payment Instructions: Standard Payment Instructions: The standard payment instructions identified in the link below are applicable.

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI1204_71htm#payment_instructions

The solicitation includes incorporates Federal Acquisition Regulation (FAR) and Defense Federal

Acquisition Regulation Supplement (DFARS) provisions and clauses. The clauses can be accessed in full text at www.farsite.hill.af.mil.

Incorporated by reference:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

52.204-2 Security Requirements.

52.204-6 Data Universal Numbering System Number.

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-12 Data Universal Numbering System Number Maintenance

52.204-13 System for Award Management Maintenance.

52.204-16 Commercial and Government Entity Code Reporting

52.204-17 Ownership or Control of Offeror

52.204-18 Commercial and Government Entity Code Maintenance

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.212-1 Instructions to Offerors—Commercial Items

52.212-3 Offeror Representations and Certifications—Commercial Items

52.212-3 Offeror Representations and Certifications—Commercial Items--Alternate I https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI1204_71htm#payment_instructions http://www.farsite.hill.af.mil/

52.212-4 Contract Terms and Conditions—Commercial Items

52.212-5 Class Deviation - Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items DEVIATION (Jul 2014)

52.214-3 Amendments to Invitations for Bids.

52.214-4 False Statements and Bids.

52.214-5 Submission of Bids.

52.214-6 Explanation to Prospective Bidders.

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.

52.214-12 Preparation of Bids.

52.215-1 Instructions to Offerors -- Competitive Acquisition.

52.216-19 Order Limitations.

52.216-22 Indefinite Quantity.

52.217-4 Evaluation of Options Exercised at Time of Contract Award.

52.217-5 Evaluation of Options.

52.217-6 Option for Increased Quantity.

52.217-7 Option for Increased Quantity-Separately Priced Line Item.

52.217-8 Option to Extend Services.

52.217-9 Option to Extend the Term of the Contract.

52.219-6 Notice of Total Small Business Set-Aside

52.219-14 Limitations on Subcontracting

52.219-28 Post-Award Small Business Program Representation

52.222-3 Convict Labor

52.222-19 Child Labor—Cooperation with Authorities and Remedies

52.222-21 Prohibition of Segregated Facilities

52.222-26 Equal Opportunity

52.222-36 Equal Opportunity for Workers with Disabilities

52.222-37 Employment Reports on Veterans.

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

52.222-41 Service Contract Labor Standards

52.222-42 Statement of Equivalent Rates for Federal Hires

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment

(Multiple Year and Option Contracts).

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment

52.222-50 Combating Trafficking in Persons

52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements.

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services—Requirements.

52.222-55 Minimum Wages Under Executive Order 13658

52.222-62 Paid Sick Leave Under Executive Order 13706

52.223-3 Hazardous Material Identification and Material Safety Data

52.233-4 Applicable Law for Breach of Contract Claim (Pub. L. 108-77, 108-78)

52.223-5 Pollution Prevention and Right-to-Know Information

Alternate I - 52.223-5 Pollution Prevention and Right-to-Know Information

Alternate II - 52.223-5 Pollution Prevention and Right-to-Know Information

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

52.232-33 Payment by Electronic Funds Transfer—System for Award Management

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-3 Protest after Award

52.233-4 Applicable Law for Breach of Contract Claim

52.252-1 Solicitation Provisions Incorporated by Reference

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.203-7003 Agency Office of the Inspector General

252.203-7005 Representation Relating to Compensation of Former DoD Officials

252.204-7000 Disclosure of Information

252.204-7003 Control of Government Personnel Work Product

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

252.204-7011 Alternative Line Item Structure.

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

252.205-7000 Provision of Information to Cooperative Agreement Holders.

252.216-7006 Ordering

252.222-7007 Representation Regarding Combating Trafficking in Persons.

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card.

252.232-7010 Levies on Contract Payments.

252.243-7002 Requests for Equitable Adjustment.

252.244-7000 Subcontracts for Commercial Items.

252.244-7000 Subcontracts for Commercial Items

Incorporated by full text:

52.209-7 Information Regarding Responsibility Matters.

52.212-3 Offeror Representations and Certifications Alternate I - 52.212-3, Offerors

Representations and Certifications-Commercial Items

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items applies to acquisition

52.216-18 Ordering

52.216-19 Order Limitations.

52.216-22 Indefinite Quantity.

52.217-9 Option to Extend the Term of the Contract.

52.222-35 Equal Opportunity Veterans.

52.222-36 Equal Opportunity for Workers with Disabilities.

252.232-7006 Wide Area WorkFlow Payment Instructions.

52.209-7 – Information Regarding Responsibility Matters.

As prescribed in 9.104-7(b), insert the following provision:

Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative

Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR09.doc#b91047

Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

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

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity

Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of

$100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in

(c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.212-3 -- Offeror Representations and Certifications -- Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications -- Commercial Items (Nov2017)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM)

Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through

(u) 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—

(6) 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

(7) 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.

https://www.acquisition.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR12.DOC#b12301 http://www.sam.gov/portal

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR

124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

“successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 posted on the SAMwebsite.

(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 representation 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 (u) 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.

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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.

(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) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and

“United States” are defined in the clause of this solicitation entitled “Buy American—

Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of

FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled

“Buy American—Free Trade Agreements—Israeli Trade Act”:

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

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

United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

(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:

(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:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade

Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

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

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a

Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C.

§6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

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

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C.

§6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362

(the Bankruptcy Code).

(i…