RFP - SP4701-23-R-0012 - Final - Contains CUI.pdf

SP4701-23-R-0012

CUI

CUI SOURCE SELECTION PROCREMENT SENSITIVE INFORMATION IAW FAR 3.104

COMBINED SYNOPSIS/SOLICITATION

REQUEST FOR PROPOSAL (RFP)

(1) Action Code: N/A

(2) Date: August 8, 2023

(3) Year: 2023

(4) Contracting Office Zip Code: 19111

(5) Classification Code: 541519

(6) Contracting Office Address:

DLA Contracting Services Office – Philadelphia

700 Robbins Avenue, Station 6D-446

Philadelphia, PA 19111

(7) Subject: Cardinal Supply Classification

(8) Proposed Solicitation Number: SP4701-23-R-0012

(9) Closing Response Date: August 14, 2023 at 10:00 AM Eastern Time (EST)

(10) Contact Point:

Rhonda Saunders

Email: rhonda.saunders@dla.mil

Phone: (215) 737-9107

Donald Hinkson

Email: donald.hinkson@dla.mil

Phone: (215) 737-4337

Controlled by: DLA DCSO Philadelphia

CUI Category: General Procurement and Acquisition /

Source Selection Information see FAR 2.101 & 3.104

Distribution/Dissemination Controls: DISPLAY ONLY

POC: Donald Hinkson@dla.mil / 215-737-4337 mailto:rhonda.saunders@dla.mil mailto:donald.hinkson@dla.mil

(11) Contract Award: N/A

(12) Contract Award Dollar Amount: N/A

(13) Contract Line-Item Number: See section (16) below

(14) Contract Award Date: N/A

(15) Contractor: N/A

(16) Description:

i. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

ii. Solicitation Number: SP4701-23-R-0012. The subject solicitation is issued as a

Request for Proposals (RFP).

iii. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-05 effective 8 August 2023.

iv. The North American Industrial Classification System (NAICS) code for this acquisition is 518210 (Size Standard: $32,500,000.00). The North American

Industrial Classification System (NAICS) code for this acquisition is 541519

(Size Standard: 150 Employees). This requirement is being solicited as an

Unrestricted acquisition via Open Market Procedures to the Contract

Opportunities Website (sam.gov) & supported by a Justification & Approval on an Other Than Full & Open Competition basis due to the sole-source brand-name requirement.

CONTROLLED BY: DLA DCSO PHILADELPHIA

CUI CATEGORY: GENERAL PROCUREMENT AND ACQUISITION /

SOURCE SELECTION INFORMATION SEE FAR 2.101 & 3.104

DISTRIBUTION/DISSEMINATION CONTROLS: DISPLAY ONLY

POC: RHONDA SAUNDERS@DLA.MIL / 215-737-9107

v. Inspection/Acceptance/ Destination: The contractor shall only tender for acceptance those items that conform to the requirements of this contract.

vi. Schedule of Items/Performance Work Statement:

This contract is a Firm Fixed Price contract. The contract consists of one (1) base year with the option to extend the contract for two (2) additional one-year option periods. The maximum duration of the contract, with all options exercised is three (3) years.

vii. Performance Work Statement (PWS)

Scope: The Performance Work Statement outlines the requirements to receive standardized key product data elements Manufacturer/Supplier Name and

Manufacturer/Supplier Part Number product classification to group the products into functional groups and to identify clinically equivalent products.

The Defense Logistics Agency (DLA) Troop Support will submit the Medical-

Surgical products to the contractor and the contractor will provide the standardized key data elements and classifications (Group clinically equivalent products etc.)

within the agreed upon time.

The full breakdown of the required Cardinal Supply Classification.

is attached:

“ATTACHMENT 1 – Performance Work Statement (PWS)”

viii. Period of Performance (POP):

Base Period: 12 months from date of award

Option Period 1: 12 months from the end of Base Period

Option Period 2: 12 months from the end of Option Period 1

ix. The FAR provision, 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition and the following addenda are added to this provision:

1. Addendum to FAR 52.212-1(e): Multiple offers.

_X_ Alternative commercial items may not be considered for award on this instant acquisition, however, may be utilized for market research on future requirements.

2. Addendum to 52.212-1(g): Contract Award.

_X_ If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

3. Addendum to 52.212-1(h): Multiple awards.

_X_ The Government intends to make one award.

The Government may make more than one award.

Offers may be submitted for quantities less than those specified.

4. Addendum to 52.212-1(j):Unique Entity Identifier ) Number.

_X_ Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).)

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. The Offeror also shall enter its Electronic Funds

Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a

Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

5. Addendum to 52.212-1(k):

6. Addendum to 52.212-1(m): The following is added as paragraph (m) to FAR 52.212-1, since it is additional text about offerors instructions

SPECIAL INSTRUCTIONS / CONDITIONS / NOTICES TO

OFFERORS FOR SUBMITTAL OF SOURCE SELECTION

PROPOSAL INFORMATION

(1) Proposal Information https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/

a. This RFP will be posted to the Contract Opportunities website under

NAICS code 518210.

b. The Government anticipates making a single award under this solicitation for all CLINS set forth in the attached BOM. As required by the attached pricing spreadsheet, offerors shall offeror a unit price for each CLIN to be considered for award. Offerors shall also provide the total price for all

CLINS combined. Offerors that fail to provide a price for one or more items/CLINS will not be considered for award.

c. Proposals shall be submitted electronically to:

rhonda.saunders@dla.mil

d. Offers are due no later than 10:00 AM ET on August 14, 2023.

x. The FAR provision, 52.212-2, Evaluation – Commercial Items, applies to this acquisition. The evaluation criterion for the technical proposal and price proposal is set forth in paragraph below.

The award shall be made to the responsible offeror whose proposal is determined to be the Lowest Price Technically Acceptable (LPTA) offer.

The Government contemplates the award of a single firm-fixed price contract based upon the successful offeror’s proposal. For LPTA proposals, this is done through the establishment of minimum requirements to be evaluated on an “acceptable” or

“unacceptable” basis. Proposals are evaluated for acceptability, but not ranked using the non-price factors. In order to be considered awardable, they must be considered

“Technically Acceptable” based on their proposal and quote on “all” items in the

Performance Work Statement (PWS)

BASIS FOR AWARD: The Government will make an award to a responsible vendor whose proposal has been evaluated technically acceptable offer under the current requirement, at the lowest price. The vendor must demonstrate an understanding of the requirements as detailed in the Performance Work Statement (PWS). The Government will review all proposals to confirm that they meet all items contained in the PWS identified for the Cardinal Supply Classification.

mailto:rhonda.saunders@dla.mil

CLIN SCHEDULE/ Pricing Breakdown

Base Year

CLIN

Structure CLIN Description QTY

Month

Fixed Price Per

Line Total Price

Supplyline Master

Agreement 1

Manual New Items

Classifications (per line) 150

Classifications (per line) 156

Option Year 1

Line Total Price

Supplyline Master

Agreement 1

Option Year 2

Line Total Price

2001 Supplyline Master Agreement 1

xi. Offerors shall include a copy of the FAR provision at 52.212-3, Offeror

Representations and Certifications – Commercial Products and Commercial

Services (DEVIATION 2023-O0002) (Dec 2022)

xii. The FAR clause, 52.212-4, Contract Terms and Conditions – Commercial Product and Commercial Services (DEC 2022) applies to this acquisition and the following addenda are added to this provision.

ADDITIONAL ADDENDUM TO FAR 52.212-4

CONTRACT CLAUSES INCORPORATED BY REFERENCE:

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR - https://www.acquisition.gov

DFARS - https://www.acquisition.gov

FAR 52.212-1 - Instructions to Offerors - Commercial Products and Commercial Services (June

2023) https://www.acquisition.gov/ https://www.acquisition.gov/

FAR 52.203-3 - Gratuities (APR 1984) (10 U.S.C. 2207)

FAR 52.204-13 - System for Award Management Maintenance (OCT 2018)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (Nov 2021)

FAR 52.214-34 - Submission of Offers in the English Language (APR 1991)

FAR 52.214-35 - Submission of Offers in U.S. Currency (APR 1991)

FAR 52.219-8 - Utilization of Small Business Concerns (Deviation 2023-O0002)

FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015)

FAR 52.222-26 Equal Opportunity (Sept 2016)

DFARS 252.203-7000 - Requirements Relating to Compensation of Former DoD Officials (SEP

2011)

DFARS 252.203-7005 - Representation Relating to Compensation of Former DoD Officials

(SEP 2022)

DFARS 252.204-7000 - Disclosure of Information (OCT 2016)

DFARS 252.204-7003 - Control of Government Personnel Work Product (APR 1992)

DFARS 252.204-7008 - Compliance with Safeguarding Covered Defense Information Controls

(OCT 2016)

DFARS 252.204-7012 - Safeguarding Covered Defense Information and Cyber Incident

Reporting (JAN 2023)

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

(JAN 2023)

DFARS 252.205-7000 - Provision of Information to Cooperative Agreement Holders (Dec 1991)

DFARS 252.223-7008 - Prohibition of Hexavalent Chromium (JAN 2023)

DFARS 252.215-7008, Only One Offer (DEC 2022)

DFARS 252.225-7012, Preference for Certain Domestic Commodities (APR 2022)

DFARS 252.225-7031, Secondary Arab Boycott of Israel(JUN 2005)

DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (DEC 2022)

DFARS 252.239-7098

DFARS 252.244-7000 Subcontracts for Commercial Products of Commercial Services(JAN

2023)

DFARS 252.246-7003, Notification of Potential Safety Issues (JAN 2023)

DFARS 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System

(JAN 2023)

DFARS 252.246-7008 Source of Electronic Parts (JAN 2023)

DFARS 252.226-7001 - Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns (JAN 2023)

DFARS 252.227-7013 - Rights in Technical Data - Other Than Commercial Products and

Commercial Services (MAR 2023)

DFARS 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than

Commercial Computer Software Documentation (Mar 2023)F

DFARS 252.227-7015 - Technical Data - Commercial Products and Commercial Services (MAR

2023)

DFARS 252.227-7016 - Rights in Bid or Proposal Information (JAN 2023)

DFARS 252.227-7017 - Identification and Assertion of Use, Release, or Disclosure Restrictions

(JAN 2023)

DFARS 252.227-7030 - Technical Data--Withholding of Payment (MAR 2000)

DFARS 252.227-7037 - Validation of Restrictive Markings on Technical Data (JAN 2023), DFARS 252.232-7003 - Electronic Submission of Payment Requests and Receiving Reports

(DEC 2018)

DFARS 252.232-7010 - Levies on Contract Payments (DEC 2006)

DFARS 252.237-7010 - Prohibition on Interrogation of Detainees by Contractor Personnel (JAN

2023)

DFARS 252.239-7010 - Cloud Computing Services (OCT 2016)

DFARS 252.243-7002 - Requests for Equitable Adjustment (DEC 2012)

DFARS 252.247-7023 - Transportation of Supplies by Sea (FEB 2019)

DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR)

FAR 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

The following clauses are incorporated in this solicitation and provided in full text:

FAR 52.224-1, PRIVACY ACT NOTIFICATION (APR 1984)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+2+3++%285%29%20%20AND

FAR 52.224-2, Privacy Act (Apr 1984)

The Contractor agrees to:

• Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

o The systems or records; and o The design, development or operation work that the Contractor is to perform

• Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the design, development or operation of a system of records on individuals that is subject to the Act; and

• Include the clauses, in the following three subparagraphs, in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records

In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For the purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

The term “operation of a system of records” as used in this clause, means the performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

The term “record” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

The term “system of records on individuals” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and

Commercial Services. (DEVIATION 2023 O0002)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300

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.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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"—

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 veteransor, 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— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13

CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR

121.103.

Small disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(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— https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121

(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 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 least51 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR

127.300.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201

[Offeror to identify the applicable paragraphs at (c) through (v) 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 for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(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—

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR

125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(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.

https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(2)

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR

127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(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, as having been certified by SBA as a HUBZone small business concern in the

Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order11246-

(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.

https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c)

(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 http://uscode.house.gov/ 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)

(i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,”

“critical 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:

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___

[List as necessary]

(4) 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)

(A) The Offeror certifies that each end product, except those listed in paragraph

(g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical 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 https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3 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:

Line Item No.

Country of Origin

[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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

Line Item No.

Country of Origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ___

[List as necessary]

(v) 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 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 Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—

Israeli Trade Act”:

Israeli End Products:

Line Item No.

[List as necessary]

(3) 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:

https://www.acquisition.gov/far/part-25#FAR_25_105 https://www.acquisition.gov/far/part-25#FAR_Part_25

Line Item No.

Country of Origin

[List as necessary]

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade

Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph

(g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

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

Other End Products:

Line Item No.

Country of Origin

[List as necessary]

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

U.S.-made or designated country end products unless the Contracting Officer determines that https://www.acquisition.gov/far/part-52#FAR_52_225_5 https://www.acquisition.gov/far/part-25#FAR_Part_25 there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.)

The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–

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

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

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a

Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C.

§6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court https://www.acquisition.gov/far/part-9#FAR_9_104_5 review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C.

§6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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

Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive

Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor

Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or

(i)(2)(ii) by checking the appropriate block.]

(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

https://www.acquisition.gov/far/part-22#FAR_22_1503

(ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) □ Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor

Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) Maintenance, calibration, or repair of certain equipment as described in

FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that–

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(2) Certain services as described in FAR 22.1003-4(d)(1).