Combined_Synopsis_Solicitation.pdf

Solicitation – Gas and Hydrogen Sulfide Monitors

Gas and Hydrogen Sulfide Monitors

Southeast Regional Maintenance Center

Mayport, FL 32228

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, using Simplified Acquisition Procedures for commercial items found at FAR 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is N68836-18-Q-

0200 and this solicitation is issued as a request for quote (RFQ). The solicitation document, incorporated provisions, and clauses are those in effect through Federal

Acquisition Circular 2005-74. The small business standard for the associated NAICS code is 334290 with a size standard of 750 employees.

The Naval Supply Systems Command (NAVSUP) Fleet Logistics Center (FLC), Jacksonville, Florida is soliciting proposals of companies to provide Gas and Hydrogen

Sulfide Monitors for the Southeast Regional Maintenance Center (SERMC) aboard USS

IWO JIMA. The Contractor shall provide support in accordance with (IAW) the attached

Performance Work Statement (PWS).

Offerors shall provide proposed price for each Contract Line Item Number (CLIN) and grand total for all CLINs:

CLIN Description QTY UOI Unit Price Total

0001 GasGard XL Combustible gas

(0-100% LEL) 8-channel controllers with Shock Tech

P/N 70987-1 isolated enclosure using four Shock Tech P/N

71003-0 arch mounts

6 ea

0002 Combustible (0-100% LEL)

Ultima XE monitor with Shock

Tech P/N 70984-1 isolated mount using four Shock Tech

P/N 70780-2 conical isolators

31 ea

0003 GasGard XL HS2 (0-100 PPM)

8 channel controller with Shock

Tech P/N 70987-1 isolated enclosure using four

Shock Tech P/N 71003-0 arch

4 ea mounts

0004 H2S (0-100 ppm) Ultima XE monitor with Shock Tech P/N

70984-1 isolated mount using four Shock Tech P/N 70780-2 conical isolators.

8 ea

Deliveries shall be completed within 22 weeks (154 calendar days) after award of the contract as stated in the Description of Requirement. All Deliveries shall be shipped to:

SERMC

Building 1488 Massey Ave.

P.O. Box 280057

Mayport, FL 32228

All items shall include shipping costs FOB Destination to Mayport, FL.

The following Federal Acquisition Regulation (FAR) and Defense Federal Acquisition

Regulation Supplement (DFARS) clauses and provisions incorporated by reference apply to this combined synopsis/solicitation:

52.203-3 – Gratuities; 52.203-11 – Certification and Disclosure Regarding Payments to

Influence Certain Federal Transactions; 52.203-12 – Limitation on Payments to Influence

Certain Federal Transactions; 52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights; 52.204-4 – Printed or

Copied Double-Sided on Postconsumer Fiber Content Paper; 52.204-7 – System for

Award Management; 52.204-13 – System for Award Management Maintenance; 52.204-

16 – Commercial and Government Entity Code Reporting; 52.204-17 – Ownership or

Control of Offeror; 52.204-18 – Commercial and Government Entity Code Maintenance;

52.204-19 – Incorporation by Reference of Representations and Certifications; 52.209-2

– Prohibition on Contracting with Inverted Domestic Corporations—Representation;

52.211-6 – Brand Name or Equal; 52.212-1 – Instructions to Offerors; 52.212-4 –

Contract Terms and Conditions—Commercial Items;52.222-21 – Prohibition of

Segregated Facilities; 52.225-25 – Prohibition on Contracting with Entities Engaging in

Certain Activities or Transactions Relating to Iran; 52.232-39 – Unenforceability of

Unauthorized Obligations; 52.232-40 – Providing Accelerated Payments to Small

Business Subcontractors; 52.233-2 – Service of Protest; 52.242-13 – Bankruptcy;

252.203-7000 Requirements Relating to Compensation of Former DoD Officials;

252.203-7002 – Requirement to Inform Employees of Whistleblower Rights; 252.204-

7003 – Control of Government Personnel Work Product; 252.204-7004 Alternate A –

System for Award Management; 252.204-7012 – Safeguarding of Unclassified

Controlled Technical Information; 252.204-7015 Disclosure of Information to Litigation

Support Contractors; 252.209-7002 – Disclosure of Ownership or Control by a Foreign

Government; 252.209-7004 – Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism; 252.222-7007

Representation Regarding Combating Trafficking in Persons; 252.225-7048 – Export-

Controlled Items; 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism; 252.232-7003 – Electronic Submission of Payment Requests and Receiving Reports; 252.232-7010 Levies on Contract

Payments; 252.243-7001 – Pricing of Contract Modifications; 252.243-7002, Requests for Equitable Adjustment; 252.244-7000 – Subcontracts for Commercial Items; 252.247-

7023 – Transportation of Supplies by Sea

The following FAR, DFARS, and Local clauses and provisions incorporated by full text apply to this combined synopsis/solicitation (see attachments):

52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements—Representation; 52.209-5 – Prohibition on

Contracting with Inverted Domestic Corportations—Representation; 52.209-11 –

Representatio by Corportations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law; 52.212-2 – Evaluation -- Comercial Items; 52.212-3

– Offeror Representations and Certifications –Commercial Items; 52.212-5 – Contract

Terms and Conditions Required to Implement Statutes or Executive Orders –Commercial

Items; 52.219-1 Alternate I – Small Business Program Representations; 52.222-18 –

Certification Regarding Knowledge of Child Labor for Listed end Products; 52.222-22 –

Previous Contracts and Compliance Reports; 52.222-25 – Affirmative Action

Compliance; 52.252-1 – Solicitation Provisions Incorporated by Reference; 52.252-2 –

Clauses Incorporated by Reference; 252.203-7005 – Representation Relating to

Compensation of Former DoD Officials; 252.204-7008 – Compliance with Safeguarding

Covered Defense Information Controls; 252.225-7012 – Preference for Certain Domestic

Commodities; 252.232-7006 – Wide Area WorkFlow Payment Instructions;

SUPTXT204-9400(1-17) Contractor Access to Federally Controlled Facilities and/or

Unclassified Sensitive Information or Unclassified IT Systems; SUPTXT243-9400 (1-92)

Authorized Changes Only by the Contracting Officer

Offerors must include a completed copy of the provisions at 52.209-11 Representation by

Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any

Federal Law and 52.212-3 Offeror Representations and Certifications -- Commercial

Items (Alt I) with their offer.

Only one award will be made under FAR Part 12 procedures. The awarded contract will be of a Firm Fixed Price Contract type. Quotes are due NLT 12:00 p.m. Eastern Standard

Time (EST), 30 July 2018.

This combined synopsis/solicitation specifies that award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. The contract will be awarded on a Lowest Price Technically Acceptable

(LPTA) basis. Technical acceptability includes providing supplies as they are specified in the Description of Requirement.

Questions concerning this solicitation must be submitted NLT 12:00 p.m. EST, 24 July

2018 to reasonably expect a response from the Government. Questions not received within the prescribed time and date WILL NOT be considered.

The Government intends to award without discussions, however, reserves the right to hold discussions, if necessary. Therefore, offerors should provide their best possible quote from a technical and pricing standpoint.

Send quotes via email to brandon.siggers@navy.mil or fax to 904-790-4247 ATTN:

Brandon L. Siggers. Copies of FAR and DFARS clauses/provisions may be accessed via the internet at http://farsite.hill.af.mil/.

http://farsite.hill.af.mil/

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN

2017)

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

Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at

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

(b) 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision 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.

(d) Representation. By submission of its offer, the Offeror represents that it will 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).

(End of provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks

“have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 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 appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS

Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager;

plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

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.

52.211-8 TIME OF DELIVERY. (JUN 1997) -- ALTERNATE I (APR 1984)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

WITHIN DAYS AFTER

ITEM NO. QUANTITY DATE OF CONTRACT

0001 6 154 Days 0002 31 154 Days 0003 4 154 Days 0004 8 154 Days

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

WITHIN DAYS AFTER

ITEM NO. QUANTITY DATE OF CONTRACT

(b) The delivery dates or specific periods above are based on the assumption that the Government will make award by 8/31/17. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.

(End of clause)

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

Offerors need only submit a signed quote by the solicitation closing that 1) shows whether the Offeror is taking exception to any solicitation term; 2) includes the Representations and Certifications contained in the provisions; and 3) includes unit prices and total prices for all line items and sub line items for which the Navy is soliciting a price.

Offerors shall complete the following and submit with quote:

1. FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (JAN 2017);

2. FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016);

3. FAR 52.209-5, Certification Regarding Responsibility Matters (OCT 2015);

4. A statement that indicates whether the Offeror does or does not take exception(s) to any solicitation term.

5. Offerors shall submit the following documents that may be evaluated for the sole purpose of determining Contractor responsibility in accordance with FAR 9.1, “Responsible Prospective Contractors”:

a. A letter from the Offeror’s financial institution that indicates that the Offeror has adequate financial resources to perform the contract;

b. A description of previous and current contracts with the Government (previous five (5) years), including the name of the agency, the type of supply or service that was/is being provided, contract value, and duration (base period + options); and

c. A description of the Offeror’s organization, accounting and operational controls, technical skills, and facilities.

OFFERORS SHALL NOT SUBMIT ANY ADDITIONAL INFORMATION WITH THEIR QUOTE.

After the solicitation closing date, the Contracting Officer may require an Offeror to promptly submit additional information to demonstrate the Offeror is responsible. (See FAR 52.212-2).

Quotes shall be e-mailed to brandon.siggers@navy.mil no later than the date and time specified in the solicitation. Submission of “late” quotes will not be accepted.

All quotes sent in response to this solicitation shall reflect the following information in the Subject line of the e-mail:

1. Solicitation Number: N6883618Q0200 Gas and Hydrogen Sulfide Monitors

All questions shall be emailed by the date specified in the solicitation to allow the Navy adequate time to prepare and issue responses to all Offerors prior to the date and time set for receipt of offers. It is the Government’s intention that questions and responses will be distributed electronically to all Offerors via amendment/s to the RFQ. Questions need to include the document name, document date, specific page, paragraph, clause or other definitive citation requiring clarification.

Inquiries and questions on this RFQ shall be in writing and emailed to the Contract Specialist at:

brandon.siggers@navy.mil, by 12:00 P.M. Eastern Standard Time (EST) on July 24, 2018.

Questions after this date will NOT be answered. NO PHONE CALLS WILL BE ACCEPTED.

Pricing shall be firm-fixed pricing and include all labor, material, and consumables required to perform the work listed in the performance work statement and shall be structured in accordance with the line items structure identified in the solicitation.

Offerors are hereby notified that the Government may post additional information to the web site relating to this solicitation (e.g. responses to questions, amendments, etc.). It is the Offeror’s responsibility to check the web site for any such information.

Font size for all offers material shall be 12 pitch using New Times Roman. Text lines shall be spaced at no less than single space. Font size may be less than 12 pitch if material is pre-printed graphs or charts.

*End of Addendum*

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

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

(i) technical capability of the item offered to meet the Government requirement;

(ii) price

Price will be evaluated on a Lowest Price Technically Acceptable (LPTA) basis.

(b) 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.

Award Consideration The Government will make a single award using the Lowest Price Technically Acceptable ("LPTA") source selection. The Government intends to award on initial offers but reserves the right to conduct discussions.

Rating Description Acceptable Quote does not take exception to any term of solicitation and therefore clearly meets the requirements of the solicitation.

Unacceptable Quote takes exception to a solicitation terms(s) and therefore does not clearly meet the requirements of the solicitation.

Price will be evaluated by totaling the prices for all line items for which the Government has requested the Offeror provide a price.

An award will only be made to an Offeror that satisfies the general responsibility standards of

FAR 9.104-1.

The Contracting Officer may either make a responsibility determination without requesting any information from an Offeror or require the Offeror provide information to substantiate that it satisfies the general responsibility standards of FAR 9.104-1. The particular information requested from an Offeror will be specific to that Offeror. For example, an Offeror that the Contracting Officer is less familiar with may be required to provide information not required from another Offeror. The Contracting Officer may consider an Offeror’s inability to promptly respond to a request for information as an indication the Offeror is nonresponsible since FAR 9.103(c) obligates prospective Contractors to affirmatively demonstrate their responsibility.

When the Contracting Officer requests responsibility information, the Contracting Officer’s request, the Offeror’s response, and all related communications between the Government and Offeror are solely for the purpose of determining whether the Offeror is responsible. These communications will not constitute discussions within the meaning of FAR 15.306 since the Offeror will not be given an opportunity to revise its proposal.

While the Contracting Officer may require the Offeror to provide any information related to the standards at FAR 9.104-1, the following are examples of information that may be required:

1. A demonstration, through information such as bank references and financial information (e.g., most current annual balance sheet), that the Offeror has adequate financial resources to perform the contract.

2. A demonstration the Offeror’s price is not so low as to call into question the Offeror’s capability to successfully perform the contract.

3. Past Performance information on recent contracts for items similar to this requirement, including a point of contact for the Government activity or commercial entity customer.

4. A demonstration the Offeror can comply with the required performance schedule, including a transition plan.

5. A demonstration the Offeror has, or can obtain, the organizational, management and technical skills to successfully perform. This demonstration may involve the particular personnel and approaches available to the Offeror.

6. The Offeror’s quality assurance procedures.

7. The equipment and facilities the Contractor will use.

8. Contractors shall have a satisfactory record of integrity and business ethics.

9. Completion of the Representations and Certifications under 52.212-3 Alt I contained in this solicitation.

10. A demonstration the Offeror isn’t an inverted domestic corporation.

11. A demonstration the Offeror has all registrations, permits and licenses required to perform the contract in the location for which the Offeror is proposing.

12. In the event the Offeror is a Joint Venture, a Memorandum of Association, which indicates who has the authority to bind the company, is required.

13. Prior to award, offerors may be required to submit qualification requirements as prescribed by FAR clause 52.209-1.

Nothing in this provision limits the Contracting Officer’s discretion to rely on information available from other sources (e.g., past performance data bases, discussions with other entities familiar with the Offeror) or to use any other technique described FAR 9.1 when determining whether the Offeror satisfies the FAR 9.104-1 general responsibility standards.

In accordance with FAR 9.104-3(d), upon making a determination of non-responsibility with regard to a small business concern, the Contracting Officer shall refer the matter to the Small Business Administration, which will decide whether to issue a Certificate of Competency.

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.

“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;

https://www.sam.gov/portal

(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.

(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 https://www.acquisition.gov/

(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:

Line Item No. Country of Origin

(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…