PAN414-18-P-0000_005362_Amendment_0001_-_Changes_Highlighted.pdf

United States Army Garrison (USAG) Italy Generator Maintenance and Repair Service

This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in Subpart

12.6 and supplemented with additional information included in this notice. This announcement constitutes as the only solicitation for Generator Maintenance Repair Service – USAG Italy; quotes are being requested and a separate written solicitation will not be issued. The Government is releasing this combined synopsis/solicitation electronically via FedBizOpps only. The solicitation number is PAN414-18-P-0000 005362, and this solicitation is issued as a Request for Quote (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-98. The Government anticipates to award a Firm Fixed-Price (FFP) contract. The North American Industry Classification System (NAICS) code assigned to this project is 811310 – Commercial and Industrial Machinery and Equipment Repair and Maintenance.

The period of performance is for a Base Period of 12 months plus two (2) 12-month Option Years.

The requirement includes the Contract Line Items listed on the document ATTACHMENT 1 – CLIN

STRUCTURE – PRICING SHEET.

NOTE TO OFFERORS: Offerors are requested to carefully read the Solicitation and its attachments, and submit quotes no later than 4 September 2018, Tuesday, no later than 1:00 P.M. Central European Time (CET).

All quotes shall be structured and submitted in strict accordance with Instructions to Offerors set forth in FAR 52.212-1 and the ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERORS.

Solicitation questions shall be submitted via email no later than 15 August 2018, Wednesday, no later than 1:00 P.M. CET to BOTH of the following email addresses: paul.f.negrido.civ@mail.mil AND raquel.o.blankenhorn.civ@mail.mil.

CLAUSES INCORPORATED BY REFERENCE

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

ADDENDUM TO 52.212-4

In accordance with FAR 12.302, Tailoring of Provisions and Clauses for Acquisition of Commercial Items, FAR 52.212-4 is tailored, as shown below, to reflect the special terms and conditions unique for this contract.

The following shall apply to this contract in addition to those terms and conditions in FAR 52.212-4. The specific paragraph of FAR 52.212-4 is tailored as shown below:

(a) Inspection and Acceptance.

Inspection and acceptance of services under this contract shall be performed by the COR (Contracting Officer’s Representative). Place of inspection and point of acceptance of the services to be provided under this contract shall be at a destination specified in accordance with the delivery information specified above.

(b) Invoice:

The Contractor shall comply with WAWF DFARS Clause 252.232-7006 for submission of invoices.

No paper invoices shall be submitted to the Contracting Office for approval. Invoices shall only be submitted through the WAWF electronic system.

A COPY OF THE DURC (DOCUMENTO UNICO DI REGOLARITÀ CONTRIBUTIVA) MUST BE

SUBMITTED WITH EACH INVOICE.

FOR INVOICING. THE FOLLOWING STATEMENT WILL BE INCLUDED AND CERTIFIED

BY THE CONTRACTOR ON ALL INVOICES UNDER SUBJECT CONTRACT. FAILURE TO

INCLUDE AND CERTIFY THE BELOW STATEMENT ALONG WITH SUBMITTING A COPY

OF THE DURC MAY RESULT IN DELAYED OR NON PAYMENT.

“The amounts requested are only for performance in accordance with the terms and conditions of the contract. All payments due to employees (including full social contributions), subcontractors, and suppliers received under the contract have been made, and timely payments will be made from the income of the payment covered by this certification, in accordance with terms and conditions of the contract, local labor laws and agreements, subcontract agreements, and the requirements of chapter 39 of Title 31, United States Code.”

Contractor : by ________________________________________ Name, Signature and Date

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

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

MAY 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATEDE BY FULL TEXT

ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERORS

A. INSTRUCTIONS. The offeror(s) shall provide a written offer in ENGLISH and MUST address each of the factors listed on the table below. The only document that can be submitted in a language other than English is the Certificate of Chamber Of Commerce. Offerors shall submit their quotation package via email with the subject line “PAN414-18-P-0000-005362 – Generator Maintenance and Repair Services” to BOTH the following email addresses: paul.f.negrido.civ@mail.mil AND raquel.o.blankenhorn.civ@mail.mil. Only email submissions will be accepted. Quotation packages must be received no later than 4 September 2018, Tuesday, no later than 1:00 P.M.

Central European Time (CET). The offeror is responsible for verifying that their submission is received before the closing date and time.

Page Limitations and Format. The Offeror’s Quotation package shall consist of four (4) volumes. Each respective volume shall comply with the following format and page limitations in accordance with the table below.

Volume Description/Title Page limit

I Mandatory Documentation Required No Page limit II Factor I – Technical Experience* 20 Pages

III Factor II - Past Performance* 15 pages

IV Factor III – Price No page limit *Document Format: Times New Roman, Size 10 Font, single spaced, 8.5 x 11 Use of hyperlinks is prohibited.

1. All information shall be confined to the appropriate Volume. The offer shall be prepared clearly and concisely to demonstrate that the offeror has a complete understanding of the requirements. Offerors shall prepare its offer on the presumption that the Government has no previous knowledge of the offeror’s capabilities. Offers will be evaluated only on the information specifically presented in respective submittals.

2. Offers shall not merely repeat to perform work in accordance with the Performance Work Statement (PWS). The PWS reflects the objectives of the program; therefore, repeating the PWS without sufficient elaboration will not be accepted. Offerors that submit generic offers risk receiving unacceptable ratings.

3. The cover of each volume shall include the solicitation number, volume number, and firm name, address, POC, CAGE Code (NCAGE Code) and DUNS number. Every page of the offer should include the solicitation number, volume number and page number (along with the offer revision number for the amended page, if necessary).

NOTE: The Technical Evaluation Board (TEB) will not evaluate pages exceeding the “Page Limits” stated in the Table above ( e.g. Volume II, Factor I – Technical Experience, Page Limit – 20 Pages: the 21st + pages shall not be evaluated by the TEB).

B. VOLUME CONTENT. Each Volume shall contain the information outlined below:

1. VOLUME I - MANDATORY DOCUMENTATION REQUIRED WITH THE OFFER

The following documentation shall be submitted with the Offerors’ submission and shall be in accordance with Italian requirements and laws:

a. Offerors must provide a copy of a Historical Chamber of Commerce Certificate of Membership (Certificato Storico di Iscrizione alla Camera di Commercio) OR EQUIVALENT (for foreign companies) NOT older than 90 days at the time set forth for the receipt of offers. Self-certifications are NOT allowed and will be rejected. The business purpose (oggetto sociale) should include but is not limited to: Taxi and Interpreter Services and Housing support.

b. Include proof of registration in the following required databases: Duns &Bradstreet (DUNS), NATO Commercial and Government Entity (CAGE), and System for Award Management (SAM).

c. Request a DUNS number with the Italian Duns & Bradstreet at http://dbitaly.dnb.com/Chklang.htm.

d. Upon issuance of a DUNS number, request a NATO Commercial and Government Entity (CAGE) Code at http://www.dlis.dla.mil/forms/form_AC135.asp.

d. Complete the registration process with System for Award Management registration (SAM) at https://www.sam.gov.

e. DURC: The offeror shall provide with the Quotation, a copy NOT older than ninety (90) days from the date for initial receipt of quotation of the DURC (Documento Unico di Regolarità Contributiva). Self-certifications (autocertificazioni) are NOT allowed. The document MUST include the following statement:

“Con il presente documento si dichiara che l’impresa RISULTA REGOLARE ai fini del DURC” (“This document declares that the company is regular for the DURC purposes”).

f. Offerors must provide Attachment 2 - "Self-Certification for Anti-mafia" duly filled out.

2. VOLUME II – FACTOR I - TECHNICAL EXPERIENCE

The offeror shall provide the following documentation:

a. At least one (1), but no more than three (3) examples of contracts performed by the company that are recent (within the last three (3) years from the date of the offer) and relevant experience on projects similar in size, scope, and complexity to the requirements specified in the Performance Work Statement. Similar in scope means that the contract must be for the maintenance and repair of generators.

1. The examples of contracts submitted shall include a description of the scope, the amount, an explanation of similarity to this project, the completion date, and a client’s point of contact.

2. If the offeror is a Pool of Firms (Consorzio/ATI), the recent and relevant experience shall be submitted for projects completed by the Pool of Firms (Consorzio/ATI) or at least one partner. The Pool of Firms (Consorzio/ATI) offeror shall also provide with their offer, the below listed required documents/certificates:

i. A copy of the notarized legal document that established the Pool of Firms (Consorzio/ATI).

ii. The name and addresses of all the associated firms. The associated firms are NOT allowed to submit their individual offers under this solicitation. If they do, the offer of the Pool of Firms (Consorzio/ATI) and the offer of any associated firm will be rejected.

iii. The names and the addresses of the associated firms proposed to perform the work. A statement describing all legal or administrative proceedings currently pending or concluded, conducted against your firm within the last three (3) years which relate to procurement or performance of any public or private contracts.

Disclose whether the prime contractor (or its predecessors, if any) has been insolvent or filed for bankruptcy within the past three (3) years. Offeror shall disclose any other information which could reasonably call into question the responsibility of the offeror to perform this contract.

c. The offeror shall provide proof that a minimum of five employees are “Persona Experta” (PES) certified, and proof that the project manager is either registered in the “Albo Periti Elettrotecnici” or is an "Ingegnere Elettrico."

3. VOLUME III – FACTOR II - PAST PERFORMANCE

a. Offerors shall provide contract information of no more than three (3) recent projects performed in the last three (3) years for projects similar or greater size, scope, magnitude and complexity relevant to this requirement by the offeror and any major subcontractors. The information shall be presented by completing the Attachment 3 - Past Performance Questionnaire, one for each contract. It is the offeror’s responsibility to provide accurate points of contact, current telephone numbers and e-mail addresses for each identified contract.

c. If there are subcontractors or partnerships, they will be evaluated in the same manner as the Prime. No more than three (3) relevant projects performed by each subcontractor or partnership will be evaluated.

d. The offeror is highly encouraged to submit past performance information with evidence of customer satisfaction such as performance evaluation, special commendation, recognition, letters of appreciation, awards of excellence, offeror’s quality certifications etc.; as long as these references are relevant to the effort set out in this solicitation; copy of DD Form 2626, Performance Evaluation for projects performed on behalf of the Government, as long as these of DD Forms 2626 are relevant to the effort set out in this solicitation.

4. VOLUME IV – FACTOR III - PRICE

a. The Offeror shall submit pricing in terms of EURO or DOLLARS. Offers received in other than EURO or DOLLARS shall be rejected.

c. Offerors shall complete each element of Attachment 1 – CLIN Structure – Pricing Sheet, except the CLINs for Materials and Rental of Electric Generators. Fill-in a unit price for each CLIN and multiplying that unit price with the quantity to calculate a Total Price. The UNIT PRICES as submitted shall be Firm Fixed Price.

d. The Contract Line Item Numbers (CLINs) for Materials (0008, 1008, and 2008) SHALL NOT BE PRICED.

Pricing for the Rental of Electrical Generators (CLINs 0009, 1009, and 2009) shall be indicated on Technical Exhibit 2 – Rental Pricing of Electrical Generators. The Government will assign a “Not-to-Exceed” amount for both the Materials and Rental of Electric Generators CLINs.

C. SINGLE AWARD. The Government intends to make a single award; therefore, offers must be submitted for all the line items indicated in the solicitation. No award will be made for less than the full requirements shown in the solicitation. Any offeror offering less than all of the solicitation requirements may be precluded from consideration for award if the Contracting Officer elects to make an award without opening discussions.

CLAUSES INCORPORATED BY FULL TEXT

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:

FACTOR I – Technical Experience FACTOR II - Past Performance FACTOR III - Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options, to include the 6-month extension, 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.

(End of provision)

ADDENDUM TO 52.212-2 - EVALUATION

A. BASIS FOR AWARD

1. This acquisition will be conducted in accordance with FAR Part 12, Acquisition of Commercial Items, and FAR Part 13.5, Simplified Procedures for Certain Commercial Items. The award will be made to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the lowest priced offer that meets or exceeds all the minimum mandatory criteria in the solicitation evaluation factors. Award will be on an “all or none” basis. Offerors are put on notice that:

a. The non-price factors will be evaluated on an ACCEPTABLE/UNACCEPTABLE basis.

b. The non-price factors are evaluated for acceptability and NOT ranked.

c. Offers are NOT compared to each other.

d. Tradeoffs are NOT permitted.

2. In order to be eligible for an award, an offer shall be rated “ACCEPTABLE” on all non-price factors.

c. The U.S. Government intends to evaluate quotes and award a contract without discussions; however, the U.S.

Government reserves the right to hold discussions. It should be noted that there is no obligation on the part of the Government to make an award to any offeror in response to this Request for Quote (RFQ).

3. Offerors may be asked to clarify some issues regarding the non-price factors to enhance U.S. Government understanding of them. Such clarifications shall NOT be used to cure quote deficiencies or material omissions, enter into discussions, and/or otherwise revise the quote.

4. The following factors shall be used to evaluate quotes:

NON-PRICE FACTORS:

FACTOR I – TECHNICAL EXPERIENCE

FACTOR II – PAST PERFORMANCE

PRICE FACTOR:

FACTOR III - PRICE

5. The award will be made to the lowest price offer in accordance with FACTOR III - PRICE, from the Offeror who submitted all the mandatory documentation required in VOLUME I and whose quote is rated “ACCEPTABLE” on all the non-price factors (Technical Experience and Past Performance). The Contracting Officer will ensure that all documents requested in VOLUMES I through IV outlined in the solicitation have been submitted.

6. Before awarding, the Government will make a responsibility determination by analyzing whether the apparent successful offeror complies with the requirements of FAR subpart 9.1, including:

1. Adequate financial resources or the ability to obtain them;

2. Ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;

3. Satisfactory record of integrity and business ethics;

4. Necessary organization, experience, and skills or the ability to obtain them;

5. Necessary equipment and facilities or the ability to obtain them; and

6. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

B. EVALUATION APPROACH

1. FACTOR I – TECHNICAL EXPERIENCE

The Technical Experience factor will be rated on an “Acceptable” or “Unacceptable” basis using the following ratings:

Acceptable Quote clearly meets the minimum requirements of the solicitation

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

In order to be determined “Acceptable” in this factor, the offeror shall provide:

a. At least one (1), but no more than three (3) examples of contracts performed by the company which clearly demonstrates recent (within the last three (3) years from the date of the offer) and relevant experience on projects similar in size, scope, and complexity to the requirements specified in the Performance Work Statement.

1. The examples of contracts submitted shall include a description of the scope, the amount, an explanation of similarity to this project, the completion date, and a client’s point of contact.

2. If the offeror is a Pool of Firms (Consorzio/ATI), the recent and relevant experience shall be submitted for projects completed by the Pool of Firms (Consorzio/ATI) or at least one partner. The Pool of Firms (Consorzio/ATI) offeror shall also provide with their offer, the below listed required documents/certificates:

i. A copy of the notarized legal document that established the Pool of Firms (Consorzio/ATI).

ii. The name and addresses of all the associated firms. The associated firms are NOT allowed to submit their individual offers under this solicitation. If they do, the offer of the Pool of Firms (Consorzio/ATI) and the offer of any associated firm will be rejected.

iii. The names and the addresses of the associated firms proposed to perform the work. A statement describing all legal or administrative proceedings currently pending or concluded, conducted against your firm within the last three (3) years which relate to procurement or performance of any public or private contracts.

Disclose whether the prime contractor (or its predecessors, if any) has been insolvent or filed for bankruptcy within the past three (3) years. Offeror shall disclose any other information which could reasonably call into question the responsibility of the offeror to perform this contract.

b. Proof which demonstrates that a minimum of five employees are “Persona Experta” (PES) certified, and proof which demonstrates that the project manager is either registered in the “Albo Periti Elettrotecnici” or is an "Ingegnere Elettrico."

2. FACTOR II – PAST PERFORMANCE

Past Performance will be rated on an “Acceptable” or “Unacceptable” basis using the following ratings:

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (See note below)

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will successfully perform the required effort

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available; the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.

a. The Government will evaluate the contractor’s provided information of no more than three (3) recent projects performed in the last three (3) years for projects similar or greater size, scope, magnitude and complexity relevant to this requirement by the offeror and any major subcontractors.

Note: For the purpose of this solicitation, performance relevancy is performance that is the same, greater, or sufficiently similar in scope and price magnitude to the scope of work required by this solicitation. For the purpose of this solicitation, a performance is recent if occurring within the last three (3) years from the date for initial receipt of offers or ongoing projects.

b. The Government will base its evaluation of past performance on information that it receives from the references provided by the offerors. In addition, the government may obtain past performance information from other sources such as: offeror's former customers, business associates, Federal, state, and local government agencies;

and electronic databases (i.e. Past Performance Information Retrieval System (PPIRS)).

3. FACTOR III – PRICE

The price evaluation will consist of a price analysis of the CLIN prices for each performance period. The price factor will be evaluated separately from the non-price factors. Price analysis is the process of examining and evaluating a quoted price to determine if it is fair and reasonable, without evaluating its separate cost elements and profit. The Contracting Officer may use various price analysis techniques and procedures to ensure a fair and reasonable price.

a. For award purposes, the Contracting Officer will evaluate Quotes by totaling the prices for all CLINs for the base and option years. The Government may determine that an offer is unacceptable if the prices within the Attachment 1 – CLIN Structure - Pricing Sheet are significantly unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. An offer may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

b. Contract Line Item Numbers (CLINs) for Materials (0008, 1008, and 2008) and Rental of Electric Generators

(0009, 1009, and 2009) will be assigned a “Not-to-exceed” amount by the Government and shall not be evaluated by the Government. However, the offeror’s pricing for Rental of Electric Generators indicated on Technical Exhibit 2 – Rental Pricing of Electrical Generators will be examined for price fair and reasonableness determination.

c. As part of price evaluation, the Government will evaluate its Option to Extend Services (see FAR Clause

52.217-8) by adding six (6) months of the offeror's final option period price to the offeror's total price. An assessment of the reasonableness of each Quoted price will be made. Offerors are required to price the Base and Option Periods.

Offerors shall not submit a price for the potential six (6) month extension of services period. The Government may choose to exercise the extension of services at the end of any performance period (base or option periods).

d. The RFQ requires Firm Fixed-Price contract line items. A price reasonableness approach will be utilized by the Government to determine that the Quoted prices offered are fair and reasonable and that a “buy-in” or unbalanced pricing between CLINs or Option Periods is not occurring. In evaluating price reasonableness, other than cost and pricing data shall be utilized.

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) database means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

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;

(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

(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…