Combined_synopsis_solicitation_N6264518R0072.pdf

N6264518R0072

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 13.501(a)(1), Streamlined Procedures for Commercial Items, as supplemented with additional information included in this notice.

The solicitation number is N6264518R0070 and the NAICS code is 325413, with a small business size of 1,250 employees.

The requirement will be fulfilled via a Brand Name Only acquisition. There are no set-aside restrictions for this requirement.

This requirement is for forty-one brand name manufacturer’s regents and laboratory supplies for U.S. Naval

Hospital Okinawa and Yokosuka, Japan; Branch Medical Clinics located in Atsugi, Iwakuni, and Sasebo, Japan; and the Health Service Department in Diego Garcia. The brand name reagents are to be drop shipped directly by the contractor to the medical facilities in Japan and Diego Garcia.

Vendors must be registered with System for Award Management (SAM) to be considered for award. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97 effective 24 January 2018 and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20171228 effective 28 December 2017. It is the contractor's responsibility to be familiar with the applicable FAR and DFARS clauses and provisions. The FAR clauses may be accessed in full text at:

http://acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Group

REAGENTS, LABORATORY, USNH YOKOSUKA

FFP

Laboratory Reagents as Detailed in Attachment 1.

One Year Period beginning 01 October 2018 - 30 September 2019.

FOB: Destination

PURCHASE REQUEST NUMBER: N6829219RC05001

PSC CD: 6550

NET AMT

http://acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

0002 1 Group

REAGENTS, LABORATORY, BHC ATSUGI

0003 1 Group

REAGENTS, LABORATORY, BHC IWAKUNI

0004 1 Group

REAGENTS, LABORATORY, BHC SASEBO

0005 1 Group

REAGENTS, LABORATORY, BHC DIEGO GARCIA

0006 1 Group

REAGENTS, LABORATORY, USNH OKINAWA

1001 1 Group

OPTION REAGENTS, LABORATORY, USNH YOKOSUKA

One Year Period beginning 01 October 2019 - 30 September 2020.

1002 1 Group

OPTION REAGENTS, LABORATORY, BHC ATSUGI

1003 1 Group

OPTION REAGENTS, LABORATORY, BHC IWAKUNI

1004 1 Group

OPTION REAGENTS, LABORATORY, BHC SASEBO

1005 1 Group

OPTION REAGENTS, LABORATORY, BHC DIEGO GARCIA

1006 1 Group

OPTION REAGENTS, LABORATORY, USNH OKINAWA

2001 1 Group

OPTION REAGENTS, LABORATORY, USNH YOKOSUKA

One Year Period beginning 01 October 2020 - 30 September 2021.

2002 1 Group

OPTION REAGENTS, LABORATORY, BHC ATSUGI

2003 1 Group

OPTION REAGENTS, LABORATORY, BHC IWAKUNI

2004 1 Group

OPTION REAGENTS, LABORATORY, BHC SASEBO

2005 1 Group

OPTION REAGENTS, LABORATORY, BHC DIEGO GARCIA

2006 1 Group

OPTION REAGENTS, LABORATORY, USNH OKINAWA

ADMINISTRATIVE INFORMATION

The point of contract for administrative concerns at Naval Medical Logistics Command (NMLC), 693 Neiman

Street, Fort Detrick, MO 21702 is Yun Hong, 301-619-8895, yun.p.hong.civ@mail.mil.

CONTRACTOR SUPPORT

NOTICE: NAVY USE OF SUPPORT CONTRACTOR FOR CONTRACT CLOSEOUT FUNCTIONS

Naval Medical Logistics Command uses two private contractors in support of the contract closeout process. Those companies are Contracting Resources Group (CRG) of Federal Hill, MD, doing business under the authority of the

Small Business Administration’s 8(a) program, and the Ability One Program, doing business under the authority of the Javits-Wagner O’Day Act(41 U.S.C. § 47).

The contract closeout process includes activities such as processing deobligation modifications, obtaining contractor and requiring activity concurrence, preparing the DD-Form 1594 (Contract Completion Statement), and preparing closed files for archiving. Support contractors may perform additional administrative duties, including filing and processing simple administrative modifications. Performing these functions require the contractor employees to have access to the contract file. Therefore, information you provide to the Government or information already in the possession of the Government may be viewed by these support contractors in the course of performing contract close-out functions. The information that may be made available to the contractor may include pricing and technical proposals and performance information.

Naval Medical Logistics Command has signed Non-Disclosure Agreements with each support contractor employee and has required both contractors to provide a Conflict of interest Mitigation Plan to ensure these employees are firewalled from all business development activity.

By submission of a quote to this RFP, the offeror and its subcontractors consent to access of their business sensitive/confidential or proprietary data by the Government’s support contractor personnel in order to perform close out services.

SHIPMENT INFORMATION

HAZARDOUS MATERIAL, PREPARATION FOR DELIVERY

1. The preservation, packaging, and packing of hazardous materials shall be in accordance with the requirements of one of the regulations listed below, depending upon the mode of shipment. In the event of any discrepancies mailto:yun.p.hong.civ@mail.mil between the contract requirements and these regulations, the applicable regulation shall govern. Shipments must be packaged, packed, marked, labeled and certified in proper condition for transportation according to the following appropriate regulation:

a. Department of Transportation Code of Federal Regulations, Title 49, parts 100-199, as applicable, for domestic shipments;

b. U.S. Postal Service Publication #52 for shipments via the U.S. mail system;

c. International Maritime Organization's (IMO's) International Maritime Dangerous Goods Code

(IMDGC) for shipments intended for delivery overseas via water transportation;

d. International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of

Dangerous Goods By Air or International Air Transport Association (IATA) Dangerous Goods Regulation for shipment via commercial air; and

e. AFJMAN 24-204 (formerly AFR 71-4)/TM 38-250/NAVSUP PUB 505/MCO P4030.19/DLAM

4145.3 (Preparing Hazardous Material for Military Air Shipments).

2. Address/Commodity marking and labeling requirements shall be in accordance with MIL-STD-129 and the appropriate governing regulation for the mode of shipment.

3. Unless otherwise stated below, assume surface transportation.

DIRECT AIR OR MILITARY EXPRESS SHIPMENTS

4. Limited Quantities. If an item offered for transportation falls within the guidelines of a limited quantity and is not regulated by the applicable mode of transportation, it shall be packaged to meet the requirements of Level A packaging listed in MIL-STD-2073-1.

5. In addition to the above, packaging (container and containment components) designs shall pass all applicable performance-oriented packaging (POP) tests in accordance with Title 49 CFR, the ICAO, IATA or IMDGC.

Compressed gases are excluded from these tests. Each packaging of acceptable design shall bear certification markings outlined in the regulations. All certificates and test reports denoting test compliance shall be available for inspection by authorized government representatives.

6. Contractors shall submit any discrepancies between contractually specified packaging procedures and Title 49 requirements to the Contracting Officer for review and evaluation.

7. Non-Manufactured Wood Packing. All non-manufactured wood utilized in wood pallets and wood containers shall be heat treated to a minimum core temperature of 56 degrees centigrade for 30 minutes and certified by an accredited agency recognized by the American Lumber Standards Committee (ALSC). Refer to www.aphis.usda.gov/ppq/swp/eunmwp.html for wood packing policy, enforcement regulations and accredited agencies. Non-coniferous (hardwood) and manufactured wood, such as particleboard and plywood, are exempt from this requirement.

TRACEABLE FREIGHT

The Contractor shall assume all responsibility for shipment to the specified destination. Shipment must be via a fully traceable AIR OR MILITARY EXPRESS freight method. Traceable freight means that the shipment is registered upon shipment with an identifying number. The number is for location of the shipment at any point in transit, including final destination, and verifies shipment arrival at the specified destination. If a shipping method does not provide traceability as defined above, it shall not be used.

PROOF OF DELIVERY

http://www.aphis.esda.gov/ppq/swp/eunmwp.html

If United Parcel Service (UPS) or Federal Express services are used for transportation, each package must have a unique package identification number. The Government will not consider the manifest as proof of delivery unless each package can be uniquely identified. Acceptance will occur only after the Government can verify actual receipt of the contract items--packaged, marked and labeled as required elsewhere in this contract.

INSTRUCTIONS TO OFFERORS

This section specifies the format and content that Proposals shall use in this Request for Proposal (RFP). Offerors shall submit a proposal that is legible and comprehensive enough to provide the basis for a sound evaluation by the

Government. Any proposal which does not provide, as a minimum, that which is required in the solicitation may be determined to be substantially incomplete and not warrant any further consideration.

Proposals shall be submitted by email only as an MS Word or Adobe PDF attachment to Yun Hong at yun.p.hong.civ@mail.mil. Proposals are due to 10:00AM Local Time on 30 August 2018.

Any questions must be addressed to yun.p.hong.civ@mail.mil by email only no later than 10:00 AM local time on

10 August 2018. No phone calls accepted.

All Offerors shall provide the following company details:

Complete company name and address

Company Point of Contact (POC)

Email

Phone Number

Cage Code

DUNS number

Place of Manufacture

Technical

Offerors shall submit a proposal including all necessary documentation demonstrating that its solution meet or exceed all specifications, delivery requirements, and other terms and conditions in the solicitation and any subsequent amendments. The Offeror shall include information to enable evaluation of the proposed solicitation and its conformance to the specified brand name only product by part number, manufacturer, and description.

Price

The Offerors shall provide pricing for all line items and a total contract price (all line items inclusive of any shipping and handling charges – Note F.O.B. Destination).

The Offerors shall provide acknowledgement of the solicitation and of any amendments.

The proposed price will be evaluated by the Government and must be determined to be fair and reasonable for award.

Other Administrative Instructions

The Offerors shall complete and submit FAR Provision 52.209-11-Representation by

Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

(Feb 2016).

Contractors must be registered in the System for Award Management (SAM) database at time of award. Registration is free and can be completed on-line at https://www.sam.gov/portal/public/SAM/.

BASIS OF AWARD

This requirement will be evaluated as a Lowest Price Technically Acceptable (LPTA) requirement. Award will be made on the basis of the lowest evaluated price of proposals that meet or exceed the non-price factors. The

Government anticipates award of a firm fixed price (FFP) contract.

mailto:yun.p.hong.civ@mail.mil mailto:yun.p.hong.civ@mail.mil https://www.sam.gov/portal/public/SAM/

The Government intends to evaluate proposals and award a contract without discussions, but reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government reserves the right to make no award as a result of this solicitation.

Technical Evaluation Factors The Offeror with the lowest overall proposed price and determined technically acceptable will receive an award and no further offers will be evaluated.

Evaluation shall include the ability to meet the brand name only of this requirement, delivery requirements, and other terms and conditions in the solicitation and any subsequent amendments. Offerors not meeting all requirements will not be further considered for award unless there are no other technically acceptable Offerors.

Price Evaluation Factors

Reasonableness: The offeror’s proposed line item prices will be evaluated to determine the degree to which the line item prices compare to the prices a reasonable prudent person would expect to incur for the same or similar equipment.

Completeness: Offeror’s have included pricing for all line items, are registered in SAM at time of award and have provided acknowledgement of all amendments.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

1006 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

2005 Destination Government Destination Government

2006 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2018 TO

30-SEP-2019

N/A US NAVAL HOSPITAL YOKOSUKA

ATTENTION: LABORATORY

DEPARTMENT

MATERIAL MANAGEMENT DEPT. BLDG

E-18

CHOME HON-CHO YOKOSUKA

KANAGAWA 328-0041

81-46-816-9919/9970

N68292

0002 POP 01-OCT-2018 TO

N/A BRANCH HEALTH CLINIC ATSUGI

ATTENTION: LABORATORY

DEPARTMENT

MEDICAL CLINIC BLDG. 21

FUKAYA OHGAMI, AYASE-SHI

KANAGAWA PREFECTURE 252-1103

81-46-763-4718

0003 POP 01-OCT-2018 TO

N/A NAVAL FAMILY BRANCH CLINIC

IWAKUNI

LABORATORY DEPT. ATTN: LT HUGHES,

JERRY J.

BUILDING 110

1-CHOME, MISUMI-CHO

IWAKUNI-SHI, YAMAGUCHI-KEN 740-

DSN: 315-255-8111

0004 POP 01-OCT-2018 TO

N/A USNH BHC SASEBO

ATTN: LABORATORY DEPT.

BLDG 1529 US NAVAL BASE

TATEGAMI-CHO, SASEBO 857-0056

81-95-650-3733

0005 POP 01-OCT-2018 TO

N/A BHC DIEGO GARCIA

ATTN: LABORATORY DEPARTMENT

PSC 466 BOX 3

FPO,AP 96595

0006 POP 01-OCT-2018 TO

N/A U.S. NAVAL HOSPITAL OKINAWA

(USNHO)

ATTN: LABORATORY DEPT. MR.

MINORU OSHIRO

CAMP FOSTER, BUILDING 960

TARAWA RD. GINOWAN CITY

OKINAWA 901-2221

N68470

1001 POP 01-OCT-2019 TO

30-SEP-2020

N/A US NAVAL HOSPITAL YOKOSUKA

ATTENTION: LABORATORY

DEPARTMENT

MATERIAL MANAGEMENT DEPT. BLDG

E-18

CHOME HON-CHO YOKOSUKA

KANAGAWA 328-0041

81-46-816-9919/9970

1002 POP 01-OCT-2019 TO

N/A BRANCH HEALTH CLINIC ATSUGI

ATTENTION: LABORATORY

DEPARTMENT

MEDICAL CLINIC BLDG. 21

FUKAYA OHGAMI, AYASE-SHI

KANAGAWA PREFECTURE 252-1103

81-46-763-4718

1003 POP 01-OCT-2019 TO

N/A NAVAL FAMILY BRANCH CLINIC

IWAKUNI

LABORATORY DEPT. ATTN: LT HUGHES,

JERRY J.

BUILDING 110

1-CHOME, MISUMI-CHO

IWAKUNI-SHI, YAMAGUCHI-KEN 740-

DSN: 315-255-8111

1004 POP 01-OCT-2019 TO

N/A USNH BHC SASEBO

ATTN: LABORATORY DEPT.

BLDG 1529 US NAVAL BASE

TATEGAMI-CHO, SASEBO 857-0056

81-95-650-3733

1005 POP 01-OCT-2019 TO

N/A BHC DIEGO GARCIA

ATTN: LABORATORY DEPARTMENT

PSC 466 BOX 3

FPO,AP 96595

1006 POP 01-OCT-2019 TO

N/A U.S. NAVAL HOSPITAL OKINAWA

(USNHO)

ATTN: LABORATORY DEPT. MR.

MINORU OSHIRO

CAMP FOSTER, BUILDING 960

TARAWA RD. GINOWAN CITY

OKINAWA 901-2221

2001 POP 01-OCT-2020 TO

30-SEP-2021

N/A US NAVAL HOSPITAL YOKOSUKA

ATTENTION: LABORATORY

DEPARTMENT

MATERIAL MANAGEMENT DEPT. BLDG

E-18

CHOME HON-CHO YOKOSUKA

KANAGAWA 328-0041

81-46-816-9919/9970

2002 POP 01-OCT-2020 TO

N/A BRANCH HEALTH CLINIC ATSUGI

ATTENTION: LABORATORY

DEPARTMENT

MEDICAL CLINIC BLDG. 21

FUKAYA OHGAMI, AYASE-SHI

KANAGAWA PREFECTURE 252-1103

81-46-763-4718

2003 POP 01-OCT-2020 TO

N/A NAVAL FAMILY BRANCH CLINIC

IWAKUNI

LABORATORY DEPT. ATTN: LT HUGHES,

JERRY J.

BUILDING 110

1-CHOME, MISUMI-CHO

IWAKUNI-SHI, YAMAGUCHI-KEN 740-

DSN: 315-255-8111

2004 POP 01-OCT-2020 TO

N/A USNH BHC SASEBO

ATTN: LABORATORY DEPT.

BLDG 1529 US NAVAL BASE

TATEGAMI-CHO, SASEBO 857-0056

81-95-650-3733

2005 POP 01-OCT-2020 TO

N/A BHC DIEGO GARCIA

ATTN: LABORATORY DEPARTMENT

PSC 466 BOX 3

FPO,AP 96595

2006 POP 01-OCT-2020 TO

N/A U.S. NAVAL HOSPITAL OKINAWA

(USNHO)

ATTN: LABORATORY DEPT. MR.

MINORU OSHIRO

CAMP FOSTER, BUILDING 960

TARAWA RD. GINOWAN CITY

OKINAWA 901-2221

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.204-7 System for Award Management OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-22 Alternative Line Item Proposal JAN 2017

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.212-2 Evaluation - Commercial Items OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.217-5 Evaluation Of Options JUL 1990

52.222-48 Exemption from Application of Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment--Certification

MAY 2014

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

MAR 2018

252.215-7008 Only One Offer OCT 2013

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

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

Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form

312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information

Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the

Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://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-

(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.

https://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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

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

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

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

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

United States.

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-

3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (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 will be performed in the United

States or its outlying areas. Check all that apply.

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

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

https://www.acquisition.gov/

(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.

(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.

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

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

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

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

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal

Opportunity clause of this solicitation, the and

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

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

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

Subparts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American --Supplies, is included in this solicitation.)

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

“domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,''

``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,''

``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

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

End Products) or Israeli End Products:

[List as necessary]

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

Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or

Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

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

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

Other End Products:

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

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

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

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

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

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

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

(B) The IRS has filed a…