Combined__Synopsis_Solicitation_N6264920Q0007.docx

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS and NECO (http://www.neco.navy.mil/).

The RFQ number is N6264920Q0007. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-95 and DFARS Publication Notice 20161222. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The NAICS code is 325120, for Procurement of Chemical Products (Sodium Hydroxide and Hydrochloric Acid). This is a competitive, unrestricted action among sources duly authorized to operate and do business in JAPAN. Offerors may be required to submit additional documentation demonstrating their ability to perform in Japan prior to award.

It is the quoter’s responsibility to ensure all electronic media are readable by the Government.

All Contract Line Item Numbers (CLINs) shall have a firm-fixed unit price and total price.

Quotation for this RFQ must be on an “All or NONE” basis. Partial or incomplete quotations are ineligible for award.

The NAVSUP, Fleet Logistics Center (FLC), Yokosuka, Contracting Department requests responses from qualified sources capable of providing:

CLIN 0001

(Base Year) SODIUM HYDROXIDE (NaOH) 25% Liquid, JIS-K-1203, Grade 3 Estimated Qty.: 280,100 liters Period: 1 JAN 2020 thru 31 DEC 2020 See the below Specification for detail.

CLIN 0002

(Base Year) HYDROCHLORIC ACID (HCl) 35% Liquid, JIS-K-1310, Grade 2 Estimated Qty.: 190,100 liters Period: 1 JAN 2020 thru 31 DEC 2020 See the below Specification for detail.

CLIN 1001

(Option Year I) SODIUM HYDROXIDE (NaOH) 25% Liquid, JIS-K-1203, Grade 3 Estimated Qty.: 280,100 liters Period: 1 JAN 2021 thru 31 DEC 2022 See the below Specification for detail.

CLIN 1002

(Option Year I) HYDROCHLORIC ACID (HCl) 35% Liquid, JIS-K-1310, Grade 2 Estimated Qty.: 190,100 liters Period: 1 JAN 2021 thru 31 DEC 2022 See the below Specification for detail.

CLIN 2001

(Option Year II) SODIUM HYDROXIDE (NaOH) 25% Liquid, JIS-K-1203, Grade 3 Estimated Qty.: 280,100 liters Period: 1 JAN 2022 thru 31 DEC 2023 See the below Specification for detail.

CLIN 2002

(Option Year II) HYDROCHLORIC ACID (HCl) 35% Liquid, JIS-K-1310, Grade 2 Estimated Qty.: 190,100 liters Period: 1 JAN 2022 thru 31 DEC 2023 See the below Specification for detail.

SPECIFICATION

Identification: The chemical products, Sodium Hydroxide (NaOH) and Hydrochloric Ccid (HCl) furnished hereunder shall conform to the Japanese Industrial Standards JIS-K-1203, Grade 3 and JIS-K-1310, Grade 2, respectively.

Scope of Work: There are two boilers at NAVFAC FE Yokosuka Boiler Plant, Building A-43 which are required to regenerate the cationic and anionic resins of mixed-bed demineralizers with NaOH 25% liquid and HCl 35% liquid, and there is a co-generator at NAVFAC FE Yokosuka Building 3030 to provide HCl 35% liquid. The Contractor shall deliver the NaOH and HCl by tank lorry or tank truck to Building A-43 and Building 3030, when and as ordered by the Ordering Officer(s), and transfer them into the storage tanks. The size of connector for replenishment on each tank is two (2) inches.

Transportation and transfer of Supplies: The chemical products furnished hereunder are designated as poisons under the “Poisonous Substance Act” and the “Pharmaceutical Law” including their enforcement regulations in Japan. In accordance with those regulations, the chemical products shall be delivered by the tank lorry or tank truck which is sufficiently equipped and marked for deliver the poisonous chemicals. The operator shall wear protective clothing and/or equipment such as respirator, face shield, rubber gloves, rubber boots and apron while transferring the chemical products into the storage tanks. The operators shall not leave the work site when the transfer is being made. In addition, the contractor/operators shall be responsible with the safety precautions, hazards, characteristics and spill response procedures for the chemical products furnished under this contract. The Contractor is required to submit a Material Safety Data Sheet (MSDS) for each item furnished under this contact in accordance with the contact clause entitled “FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997).”

Criteria: The criterial of the Acceptance/Non-Acceptance of the new Hazmat Products by NAVFACFE Safety/Environmental Offices: OPNAVISNT 5100.23G CH-1 is applied. The criteria for the possible disapproval by NAVFAFE Safety/Environmental is the products with the inclusion of the Carcinogenicity Substance, The Special Chemical (Tokka Butsu), The Organic Solvent, The Lead, and/or the Regin, that are required the Hazardous Control more than Level II. A basic policy is to minimize the harm to the human body.

The criteria of the Acceptance/Non-Acceptance of the new Hazmat Products by FLCY Hazmin Center: The following references are applied:

OPNAVINST 5090.1

5.2.5 HM Authorization Listings

5.2.5.1.1 Establishing the AUL 5.2.5.1.2 Adding items to the AUL

OSHA

1910.1200 Appendix E-B

Material Safety Data Sheet

It is the Government Minimum Requirement that the products must have Maker’s English MSDS# that are produced within five (5) years, based on the regulations by OSHA.

The Ordering Officer’s Information: The Ordering Officer (OO) individuals are responsible for issuing and administering any orders place hereunder. OO may negotiate revision/modifications to order, but only within the scope of this prospective contract. OO have no authority to modify any provision of this prospective Basic Contract. Any deviation from the terms of the Basic Contract must be submitted to procuring Contracting Officer (FLCY C-200) for Contractual Actions. OO may entire into Mutual No-Cost cancellation of orders under this prospective contract, and may reduce the scope of Orders/Tasks, but Termination for Convenience or Termination Default shall be issued only by Contracting Officer.

<End of Specification>

TIME OF DELIVERY

The supplies shall be delivered by the Contractor at no additional cost to the Government within 14 days after receipt of a Delivery Order.

INSPECTION AND ACCEPTANCE

Inspection and acceptance of the services delivered will be made by the following:

Naval Facilities Engineering Command Far East (NAVFAC FE) Yokosuka or its duly authorized representatives.

Upon completion of the contract work, the Contractor will furnish documentation, such as a delivery ticket, immediately following completion of the contract work. The Government will use this documentation to accept services rendered. The Contractor will furnish a copy of the signed acceptance document with its payment requests.

LIST OF ATTACHMENTS

EFT (Payment by JPY): The Contractor must agree to receive payment by EFT. Transaction fee (currently ¥735) will be deducted by the Financial Institution (Bank of America) making payment.

Invoice Instructions: The Contractor shall submit an invoice in accordance with DFARS 252.232-7003 and 252.232-7006 via WAWF.

CLAUSES INCORPORATED BY REFERENCE

The following FAR provisions and clauses are applicable to this procurement:

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Representation. The Offeror represents that--

It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

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

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

10 Percent increase 10 Percent decrease

This increase or decrease shall apply to each quantity to be delivered.

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

(a) The Government will award a contract for chemical products (Sodium Hydroxide (NaOH) and Hydrochloric Acid (HCl) for Naval Facilities Engineering Command Far East (NAVFACFE) resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. In this acquisition, the following factors shall be used to evaluate offers -

a. Price (fixed or estimated total price)

b. Past performance information (PPI)

Non-price factor (i.e., PPI) is significantly less important than price factor.

Evaluation of Each Factor

(1) Offeror’s Responsiveness: Prior to initiating the evaluation of each evaluation factor set forth in paragraph (a) above, each offer will be evaluated against all requirements of the solicitation as to its responsiveness. These requirements include, but are not limited to, complete submission of all certifications and representations and submission of information against the non-price factor.

(2) Price Factor: The contract specialist through price analyses will evaluate price(s) offered in response to the solicitation, including prices for all option quantities/terms if any.

(3) PPI: The offeror is required to submit its PPI (Attachment (II)) for the same or similar services/supplies called for by this solicitation that were provided to the general public, the U.S. Government, and/or the Government of Japan (including Japan Self-Defense Force (JSDF)) within the past three (3) years. The extent of PPI required by this acquisition is set forth in the solicitation.

Evaluation Procedures

(1) The Government will send the questionnaire to the offeror’s customer and evaluate its past performance in the following areas;

(i) Quality of services: Determine if the offeror has complied with contract requirements in terms of standards of good workmanship and services.

(ii) Timeliness of performance: Determine if the offeror has complied with contract performance in timely manner.

(iii) Customer satisfaction: Determine if the offeror has satisfied its clients and provided general businesslike concern.

(iv) Safety compliance: Determine if the offeror has complied with safety.

(2) The Government may not only contact the references reported in offeror’s information or other clients of an offeror to ensure the integrity of PPI but also consider any relevant information in its possession. The PPI submitted under this solicitation will be assigned one of the following five (5) adjectival ratings –

EXCEPTIONAL (E): The PPI meets contractual requirements and exceeds many to customers’ benefit. The element or sub-element being evaluated was accomplished with few minor problems for which corrective actions were highly effective. (OR) The PPI submitted and/or received is exceptional and almost no weakness is found. Response and/or findings exceed a “very good” rating. Exceptional quality of performance is anticipated. Probability of success under the proposed contract is very high.

VERY GOOD (VG): The PPI meets contractual requirements and exceeds some to customers’ benefit. The element or sub-element being evaluated was accomplished with some minor problems for which corrective actions were effective. (OR) The PPI submitted and/or received exceeds a satisfactory level in most areas. Response and/or findings exceed a “satisfactory” rating. High quality of performance is anticipated. Probability of success under the proposed contract is above average.

SATISFACTORY (S): The PPI meets contractual requirements. The element or sub-element being evaluated was accomplished with some minor problems for which corrective actions were satisfactory. (OR) The offeror met the contract minimum standard. Although some minor weaknesses were found, they were not considered too critical to jeopardize the overall quality of performance. Strength and weaknesses balance out. Probability of success under the proposed contract is good.

MARGINAL (M): The PPI barely meets contractual requirements. The element or sub-element being evaluated reflected a serious problem for which corrective actions have not yet been identified, appeared only marginally effective or were not fully implemented. (OR) There were some deficiencies in the corrective actions taken by the offeror. (Areas of an offer, which remain marginal after final proposal revision, shall not be subject to further discussion or revision.)

UNSATISFACTORY (U): The PPI did not meet some contractual requirements and recovery was not likely in a timely manner. The element or sub-element being evaluated reflected serious problem(s) which corrective actions were ineffective. (OR) The offeror had many deficiencies and/or gross omissions; failure to provide a reasonable, logical approach to fulfilling much of the contract requirements; and failure to meet many of the minimum requirements.

PPI for the past three (3) years will be evaluated by the contract specialist based on the instructions set forth herein.

The Government may also consider any information in its possession concerning an offeror’s past performance. Offers will be given credit for good past performance, lose credit for poor past performance, and neither receive nor lose credit for no past performance. The evaluator may call the references reported in the information to examine or ensure their assessment with respect to the offeror’s performance.

After processing the evaluation as described above, the evaluator will prepare a summary report using Attachment (II) for each PPI. The report will also include the recommendations and/or questions for each PPI if there remains a need for discussions. An offeror whose PPI was rated “unsatisfactory” will not be further considered for award.

Note (1): In case no past performance history is available, the offer may not be evaluated favorably or unfavorably on past performance. In case a number of past performance records submitted by an offeror are not enough for evaluation, it will be evaluated as “neutral.” In the event an offeror with a “neutral” past performance rating submits a proposal in-line for award, a pre-award survey will be conducted to determine the offeror’s capability to accomplish the work. If the pre-award survey is favorable, the offeror will be awarded the contract.

Note (2): Evaluation of past performance will affect the offeror’s standing in the acceptability of proposals, but will not be solely used to determine offeror’s responsibility or nonresponsibility. (FAR 9.104-1(c))

(3) Based on the above evaluation, the award will be made to the responsive offeror whose offer is considered the most advantageous to the Government through the tradeoffs method, price and other factor (i.e., PPI) evaluated.

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (OCT 2014)

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ Black American.

___ Hispanic American.

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

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

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

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

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

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

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

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

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

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

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

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

(1) 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:

[List…