Vans_QMAA-HM-150011-D_RFP_FINAL04062015.docx

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and in conjunction with the policies and procedures for solicitation, evaluation and award using Simplified Acquisition Procedures, as authorized under GSAM 501.404, and as supplemented with additional information in this notice. This announcement constitutes the only solicitation and a written solicitation will not be issued.

II. The solicitation number is QMAA-HM-150011-D and is being issued as a Request for Proposal (RFP). Proposal Instructions are at E-2

III. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-80, issued March 2, 2015.

IV. This acquisition is a total small business set-aside. The NAICS code is 336120 with a size standard of 1,000 employees.

V. Contract line item numbers:

0001 Cargo Van Truck (COEVAN) First (1st) Production Vehicle (FPV), inclusive of one (1) Training Session per PD Section 4.10 0002 Cargo Van Truck (COEVAN) Vehicles up to eleven (11) additional.

0003 Cargo Van Truck (COEVAN) (Optional Quantity up to six (6))

VI. The description of the items being acquired are contained in the following:

Purchase Description Cab Over Engine Chassis Cargo Van (COEVAN) is at C-1 and Attachment A.

VII. The estimated quantity to be ordered under this contract is twelve (12) vehicles. The first production vehicle (FPV) is required 180 days ARO (After Receipt of Order). Any additional quantities up to eleven (11) are required 240 ARO. Any optional quanities shall be delivered no later than 240 days ARO. Delivery is FOB-

2743 Defense Blvd SW Anacostia Annex Washington DC 20373

Inspection is at Origin and Acceptance is at Destination.

VIII. The provision of 52.212-1, Instruction to Offers-Commercial Items, see E-1, applies to this acquisition. Addendum to 52.212-1 is at E-2.

IX. The provision of 52.212-2 is at F-1, Evaluation-Commercial Items, applies to this acquisition. 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:

a. Technical Capability

b. Management Capabilities

c. Past Performance

d. Price

X. Offerors shall complete and provide a copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, at D-3, with its offer.

XI. The provision of 52.212-4, Contract Terms and Conditions-Commercial Items, at D-4, applies to this acquisition.

XII. The provision of 52.212-5, Contract Terms and Conditions Required To Implement Statutes and Executive Orders-Commercial Items, at D-5, applies to this acquisition. The additional FAR clauses cited in this clause are applicable to the acquisition.

XIII. Any additional contract requirements are listed in Section C-Additional Requirements.

XIV. There is no Defense Priorities and Allocations System (DPAS) rating applied to this acquisition.

XV. All responsible small business sources may submit a proposal by 2:00 PM Eastern Daylight Savings Time on May 7, 2015. Proposals received after that time will not be considered. Contractors must be registered in www.SAM.gov.

XVI. The points of contact for this acquisition are: Maisie Meade, Contract Specialist, at maisie.meade@gsa.gov , 202-357-5861 and Heidi McFall, Contracting Officer, at heidi.mcfall@gsa.gov, 703-603-8458.

All questions regarding this acquisition must be submitted to Maisie Meade at the e-mail address listed above no later than 2:00 PM EDST, April 13, 2015.

GSA Federal Acquisition Service

April 6, 2015

Dear Prospective Offeror:

The General Services Administration (GSA), Federal Acquisition Service (FAS) appreciates your interest in Solicitation QMAA-HM-150011-D for Cab Over Engine Chassis Cargo Vans. (COEVAN).

This Combined Synopsis/Solicitation is being released via the Government-wide Point of Entry located via the FedBizOpps site at: www.fbo.gov. In order to conduct this procurement most effectively, all notices and postings will be made at this location. Please pay particular attention to Section A.1 as hard copy proposals are not required and will not be accepted. Please be aware that the solicitation, questions and answers, comments, or any other information will not be disseminated in any other format. Be sure you check the web site regularly for any amendments.

Offerors are encouraged to submit a complete offer. Offerors should propose their best price with their initial offer, as it is GSA’s goal to award without discussions. Note that substantially incomplete offers will be rejected.

Should you have any questions, please contact me at 703.859.0894. I look forward to receiving your proposal!

Sincerely, Heidi McFall Contracting Officer Automotive Acquisition Support Division (QMAAA)

Table of Contents

SECTION A – GENERAL

A.1 ADDITIONAL INFORMATION FOR STANDARD FORM 1449

Hard copy proposals will not be accepted. Offerors shall submit electronic versions of proposals to the following address:

ontheroad@gsa.gov with a carbon copy to heidi.mcfall@gsa.gov

Electronic copies of proposals are due May 7, 2015 at 2:00pm EDST. Pricing information should be submitted with the other electronic proposal documents. Comment by JosephFContinetti: previous

Please review Section E.1 – 52.212-1 – Instructions to Offerors – Commercial Items (APR 2014) for information regarding timely electronic proposal submission information:

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

Complete electronic file formatting instructions are located in Section E.2.

A.2 A-FSS-2-A (OCT 1988)

FSC GROUP: 2320

PRODUCT: Trucks and Truck Tractors, Wheeled

NAICS: 336120- Heavy Duty Truck Manufacturing Comment by JosephFContinetti: Confirm NAICS w/ Russ?

PERIOD: Date of Award through 240 days (ARO) After Receipt of Order

A.3 CP-FSS-3 NOTICE: REQUESTS FOR EXPLANATION OR INFORMATION (MAR 1996)

Oral or written requests for explanation or information regarding this solicitation should be directed to:

U.S. GENERAL SERVICES ADMINISTRATION

Automotive Acquisition Support Division (QMAA) ontheroad@gsa.gov with a carbon copy to heidi.mcfall@gsa.gov

A.4 CP-FSS-4-A SOLICITATION COPIES (MAR 1996)

In order to conduct this procurement most effectively and at the lowest costs, all information – including the solicitation, solicitation amendments, and any comments – will be posted only via the Internet at: http://www.fbo.gov.

SECTION B – SCHEDULE OF ITEMS

0001 Cargo Van Truck (COEVAN) First (1st) Production Vehicle (FPV) 0002 Cargo Van Truck (COEVAN) Vehicles up to eleven (11) additional.

0003 Cargo Van Truck (COEVAN) (Optional Quantity up to six (6))

See Attachment B for complete description.

B.2 SCHEDULE OF ITEM DEFINITIONS

ARO: After Receipt of Order CLIN: Contract Line Item Number DAYS: Calendar days, unless otherwise noted

B.3 PRICING

Commercial pricing is desired in the format provided below. Offerors must meet the qualifications specified for the products solicited and follow the proposal submission instructions noted on in Section E.2of this RFP: ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS.

The first production Cab Over Engine Chassis Cargo Van (COEVAN) (FPV) is required 180 days ARO. Any further COEVANs up to eleven (11) are required 240 days after receipt of order. The Parts and Service Manuals are required with the delivery of each COEVAN. There is an optional quantity for up to six (6) vehicles available for future orders.

B.4 ESTIMATED VEHICLE QUANTITIES

The Government has estimated the quantities for the base period of performance to be twelve (12) COEVAN vehicles. An additional eight (8) MUV vehicles may be ordered over the life of the contract.

B.5 GUARANTEED MINIMUM QUANTITY

In accordance with FAR 16.504(a), the quantity limits maybe expressed as number of units or as dollar values. The minimum quantity of supplies that the Government guarantees to order during the period of the contract is 10% of the lowest line item contract price, or $10,000, whichever is lowest. If at the end of the contract period (base period plus one additional year) the vendor has not received an order, upon request, the Government will pay the contractor the guaranteed minimum dollar value. The minimum quantity dollar value is for the entire contract inclusive of options, and not for each line item awarded, No minimum quantity of units is guaranteed.

(a) Request for payment of any amount due under this clause shall be submitted, in writing, to the Contracting Officer within 30days after the end of the contract period.

(b)The guaranteed minimum does not apply if the contract is terminated for cause or if the Contractor has not performed in accordance with the terms and conditions of the contract.

B.6 SUBSTANTIAL TRANSFORMATION DETERMINATION

Offerors certify, by submission of a proposal, that all products are compliant with the Trade Agreements Act (TAA) as specified in FAR 52.225-5 and FAR 52.225-6. If significant proposed vehicle(s) component(s) are from a non-TAA compliant country, the offeror is required to supply a binding ruling of Substantial Transformation from the Office of Regulation and Rulings, Office of International Trade, Customs and Border Protection with proposal submission. Offerors are advised the process for obtaining a binding ruling can take up to 120 days. Failure to provide a binding ruling for these products with proposal submission will result in the proposal not being evaluated. These components include, but are not limited to, vehicle gliders/chassis, engines, and power trains. It is the offeror’s responsibility to request a determination, and such requests should be made in writing to the following:

Customs and Border Protection Office of International Trade Office of Regulation and Rulings 799 9th Street NW; 7th Floor Washington, D.C. 20229-1177 202-325-0040 Any questions related to this requirement should be directed to Maisie Meade at maisie.meade@gsa.gov or 202-357-5861 prior to proposal submission.

SECTION C – ADDITIONAL REQUIREMENTS

C.1 PURCHASE DESCRIPTION

The Purchase Description for the COEVAN is located at ATTACHMENT A.

C.2 EXCEPTIONS TO THE TECHNICAL SPECIFICATION IN THE PURCHASE DESCRIPTION

The Technical Exceptions Worksheet is located at ATTACHMENT E. Please fill out the worksheet and submit with offer, if applicable.

C.3 POINTS OF CONTACTS AND RESPONSIBILITIES

Contracting Officer’s Representative (COR): The COR will oversee the Contractor’s technical efforts to assure that its performance is in accordance with the terms and conditions of the contract. The COR is designated below in C.8.

Contracting Officer (CO): A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The CO is the only individual authorized to make changes to the terms and conditions of the contract. The CO for this contract is as follows:

Contracting Officer: Heidi McFall 1800 F Street N.W.

Attn: FAS QMAAA (Light Duty Automotive) Washington, DC 20405

(703) 603-5549 or heidi.mcfall@gsa.gov

C.4 MONTHLY STATUS REPORTS

The Contractor shall furnish to the GSA Project Engineer a report covering orders received and shipments made during each calendar month of contract performance. The information required by the Government shall be reported on an Excel spreadsheet. Reports shall be forwarded, no later than the 10th day of each month. The GSA Project Engineer will be designated at contract award.

C.5 F-FSS-706 COMMERCIAL DRIVEAWAY (APR 1984)

Unless otherwise specified under the items, driveaway delivery is acceptable; however, when driveaway is used, offerors shall not, on any movement, contemplate driving vehicles covered by this solicitation more than 50 miles on their own wheels, except by an approved bonded commercial driveaway common carrier. UNDER NO CIRCUMSTANCES SHALL MOTOR VEHICLES PURCHASED UNDER THIS CONTRACT BE USED AT ANY TIME (WHILE IN TRANSIT FROM SHIPPING POINT TO DESTINATION) TO CARRY, TOW OR PUSH OTHER VEHICLES OR CARGO OF ANY KIND.

The warranty begins when the Government accepts the vehicle from the contractor FOB destination.

C.6 EVIDENCE OF SHIPMENT OF MANUALS

The Contractor shall furnish to the Contracting Officer and the Naval Point of Contact (POC), address below evidence that the required manuals have been delivered according to the Purchase Description, 4.13.1 Quantities And Types Of Manuals. This evidence shall consist of a copy of the transmittal letter (if used) or other electronic transmittal identifying the contract, agency and GSA case numbers; and shall show the manuals shipped. The POC’s address is:

2743 Defense Blvd Anacostia Annex Washington DC 20373

C.7 ADMINISTRATIVE FEE

The Government reserves the right to assess a $150 administrative fee for each Contractor-initiated modification (e.g., request an extension from the original shipment times). The administrative fee will be in U.S. Dollars (USD).

C.8 CONTRACT ADMINISTRATION INFORMATION

A. POINTS OF CONTACT:

Washington, DC 20405

(703) 603-8458 or heidi.mcfall@gsa.gov

Washington, DC 20405

(202) 357-5861 or maisie.meade@gsa.gov

Contracting Officer’s Representative (COR) TBD at contract award

B. INVOICE SUBMISSION

Invoices shall include the following information:

· Name of vendor;

· Invoice date;

· Government contract number, case number, or motor vehicle delivery order number, or other authorization for delivery of goods or services;

· Vendor invoice number, account number, and/or any other identifying number agreed to by contract;

· Description (including, for example, contract line/subline number), price, and quantity of goods and services rendered;

· Shipping and payment terms;

· Taxpayer Identifying Number (TIN);

· Banking information;

· Contact name (where practicable), title and telephone number.

Electronic Invoices are encouraged and may be submitted to the following address: http://fedpay.gsa.gov/ Comment by JosephFContinetti: Confirm w/ Dallas that this has not changed per recent email. I do not believe it has. Comment by MaisieFMeade: This was taken from the Japan solicitation.

IF SUBMITTING AN ELECTRONIC INVOICE, FOLLOW THE INSTRUCTIONS PROVIDED AT THE WEBSITE.

Physical copies of invoices are NOT required to be submitted to the Contracting Officer.

C.9 ADDENDUM TO THE SOLICITATION

The following attachments are included:

SECTION D – CONTRACT CLAUSES AND PROVISIONS

D.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision— “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor 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; and

(2) The offeror has completed the Core, Assertions, and Representations and Certification, 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.

(4) The Government has marked the record “Active”.

(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 “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number 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 DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) 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.

D.2 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (DEC 2014)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. By submission of its offer, the offeror represents that—

(1) It is not an inverted domestic corporation: and

(2) It is not a subsidiary of an inverted domestic corporation.

D.3 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS – REPRESENTATION (DEC 2014)

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

“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.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

D.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (MAR 2015) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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 Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

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

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

[List as necessary]

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

(g)

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

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

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

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

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

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

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

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

(5) Trade Agreements Certificate.