RFQ Chapel Consolidation_DRAFT.pdf

DRAFT

REQUEST FOR QUOTE (RFQ)

FA5613-20-R-0007

PLEASE RETURN RFQ NOT LATER THAN: DATE: XX XXX 2020

TIME (CEST): 1400 hrs *Late offers will not be accepted*

VIRTUAL PRE-PROPOSAL CONFERENCE: A virtual pre-proposal conference will be held via Zoom on XX XXX 2020. Please contact the POCs below for the meeting code & password and submit any questions for the conference via email to the POCs below NLT XX XXX 2020.

ACCEPTED FORM OF SUBMISSION: e-mail to Point of Contacts (see below)

POINT OF CONTACT/TECHNICAL REPRESENTATIVE:

Primary POC: SrA Marcus Hicks, Contract Specialist BY TEL: +49-631-536-6664 or mail to: marcus.hicks.2@us.af.mil

Alternate POC: Kelli Phillips, Contracting Officer BY TEL: +49-631-536-5284 or mail to: kelli.phillips.2@us.af.mil

The contractor is required to deliver; install; provide; all items in accordance with:

Performance Based Work Statement (PWS)

DESCRIPTION OF REQUIREMENT: The Contractor shall provide all management, personnel, transportation, supervision, and other items necessary to perform Chapel Support Services as defined in the attached Performance Work Statement (PWS). The contractor is responsible for and required to implement and maintain management control systems necessary to plan, organize, direct and control all tasks and activities under this contract. The contractor shall provide qualified individuals to support chapel services and programs within the Kaiserslautern Military Community, as specified in the PWS. This includes the planning, coordination, and surveillance of the activities necessary to ensure individuals meet and maintain all required qualifications for their respective positions. The contractor shall ensure all individuals understand their respective responsibilities outlined in this PWS.

ATTACHMENTS: Attachment 1) PWS dated 21 Feb 20 Attachment 2) Price Sheet Attachment 3) Past & Present Experience Sheet

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes only the solicitation;

proposals are being requested and a written solicitation will not be issued.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-05, DFARS DPN 20190430, and Air Force Acquisition Circular 2019-1001.

There is no set aside for this RFQ and the associated NAICS code is 813110.

DELIVERY: DELIVERY / COMPLETION DATE:

mailto:mail%20to:%20marcus.hicks.2@us.af.mil mailto:mail%20to:%20kelli.phillips.2@us.af.mil

PERIOD OF PERFORMANCE:

Base Year: 01 August 2020 – 31 July 2021 Option Year 1: 01 August 2021 – 31 July 2022 Option Year 2: 01 August 2022 – 31 July 2023 Option Year 3: 01 August 2023 – 31 July 2024 Option Year 4: 01 August 2024 – 31 July 2025

PLACE OF PERFORMANCE: Ramstein chapel locations include Northside Chapel (Bldg #1201) and Southside Chapel (Bldg #2403) on Ramstein Air Base, Kapaun Chapel (Bldg #2782) and Kapaun Annex (Bldg#2784) on Kapaun Air Station and Vogelweh Chapel (Bldg#2063) on Vogelweh.

OFFEROR INFORMATION:

DUNS #: CAGE CODE:

SAM REGISTERED: YES NO ORCA REGISTERED: YES NO

WAWF REGISTERED: YES NO

INDIVIDUAL OR COMPANY NAME/ADDRESS:

AUTHORIZED COMPANY POINT OF CONTACT (if applicable):

FULL NAME TITLE SIGNATURE

E-MAIL TEL.

The following clauses and provisions are applicable to this acquisition.

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Alt I Restriction on Subcontractor Sales to the Government (SEPT 2006) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements—Representation (JAN 2017) 52.204-7 System for Award Management (OCT 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Reporting (JUL 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (JUN 2016)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

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

52.212-4 Contract Terms and Conditions – Commercial Items (JAN 2017) 52.217-5 Evaluation of Options (JULY 1990) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (MAR 2015) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.224-3 Privacy Training (JAN 2017) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-10 Waste Reduction Program (MAY 2011) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran—Representation and Certifications (OCT 2015) 52.229-6 Taxes-Foreign Fixed-Price Contracts (FEB 2013) 52.232-23 Assignment of Claims (MAY 2014) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.237-1 Site Visit (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.246-4 Inspection of Services – Fixed- Price (AUG 1996) 252.203-7000 Requirement Relating to Compensation of Former DoD Officials (SEP 2011) 252.203-7002 Requirements to Inform Employees of Whistleblower Rights (SEP 2013) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011) 252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.204-7004 Antiterrorism Training for Contractors (FEB 2019) 252.204-7006 Billing Instructions (OCT 2005) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2015) 252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991) 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (JUN 2019) 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—

Statistical Reporting in Past Performance Evaluations (JUN 2015) 252.222-7002 Compliances with Local Labor Laws (Overseas) (JUN 1997) 252.225-7041 Correspondence in English (JUN 1997) 252.225-7042 Authorization to Perform (APR 2003) 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States (JUN 2015) 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns (APR 2019) 252.229-7000 Invoices Exclusive of Taxes or Duties (JUN 1997) 252.229-7002 Customs Exemptions (Germany) (Jun 1997) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (JUN 2012)

252.232-7008 Assignment of Claims (Overseas) (JUN 1997) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.233-7001 Choice of Law (Overseas) (JUN 1997) 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013) 252.243-7001 Pricing of Contract Modifications (DEC 1991) 252.243-7002 Requests for Equitable Adjustment (DEC 2012) 252.244-7000 Subcontract for Commercial Items (JUN 2013) 5352.223-9001 Health and Safety on Government Installations (NOV 2012)

CLAUSES INCORPORATED BY FULL TEXT:

52.212-1 Instructions to Offerors (MAR 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212- 3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(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.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

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(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100 470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST;

or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less 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 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.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

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(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

ADDENDUM TO FAR 52.212-1

FAR Clause 52.212-1, Instruction to Offerors- Commercial Items (MAR 2020), is hereby tailored in accordance with the following:

(c) is hereby tailored to read as follows: Period for acceptance of offers: The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(e) is hereby tailored to read as follows: Multiple pricing offers will NOT be accepted.

(b) is hereby tailored to read as follows:

QUOTATION PREPARATION INSTRUCTIONS

1. The Government intends to award a Firm-Fixed-Price (FFP) Requirements contract to satisfy this requirement. This requirement is being solicited as a Request for Quote (RFQ); submission of a quote does not guarantee receipt of an award.

2. In order to be considered for award, all quotes must be received no later than 01 June 2020, 14:00 hrs (CEST). Offers must be sent via e-mail to marcus.hicks.2@us.af.mil and or kelli.phillips.2@us.af.mil

3. All quotes must be submitted in English in order to be considered for award.

4. Prices must be without value added tax (Mehrwertsteuer). Offerors shall provide a Firm Fixed Price (FFP) quote in US Dollars (USD); the quote must address any discount payment terms that will be offered.

5. To be awarded a contract with the United States Air Force, and/or the United States Government, all vendors must have a DUNS number, a CAGE code, and be Systems Award Management (SAM)-registered. Information about these services can be found using the resources below:

DUNS number information - http://fedgov.dnb.com/webform SAM registration and information on obtaining a CAGE code -mailto:marcus.hicks.2@us.af.mil mailto:%20kelli.phillips.2 http://fedgov.dnb.com/webform https://www.sam.gov/portal/public/SAM Non- U.S. companies: CAGE code information -http://www.dlis.dla.mil/nato_poc.asp

6. In order to be considered for award, the offeror’s proposal must be compliant with the requirements of this RFQ and the Performance Work Statement (PWS), as well as Government standards and regulations pertaining to the PWS.

7. The quotes shall contain the following:

1) Price Proposal:

(a) The offeror shall submit a monthly unit and extended amountfor each individual Contract Line Item Number (CLIN) and a total proposed price (Base Year plus Four Option Years) on Attachment 2: Price Sheet.

(b) The extended amount must equal the whole dollar unit price multiplied by the number of units. Incomplete pricing will result in a quotation no longer being considered for award.

(c) All prices shall be submitted in U.S. Dollars (USD).

2) Technical Proposal:

The offeror shall submit a technical proposal, limited to a total of 10 pages, with the following sub-factors:

Sub-factor 1: Past/Present Experience.

The offeror shall submit information pertaining to past/present experience working a requirement of similar scope and complexity as identified in the PWS. Submit this information on Attachment 3: Past/Present Experience Sheet, limited to 2 pages. A minimum of one (1) year of experience is required for this requirement. Experience must have occurred within five (5) years from the date the solicitation was issued.

Sub-factor 2: Management Approach (including approach to staffing).

The offeror shall submit a document, limited to 3 pages, outlining their management approach to satisfy the requirements in the PWS. This document shall outline the plan to fill positions in a timely manner and maintain a personnel support structure once positions are filled. The plan shall also clearly outline the hiring process and turn-over process.

Sub-factor 3: Quality Control Plan (QCP)

The offeror shall submit a Quality Control Plan, limited to 5 pages. The plan shall address how the offeror will ensure the service received is meeting the requirements of https://www.sam.gov/portal/public/SAM http://www.dlis.dla.mil/nato_poc.asp the PWS, to include an inspection system, the method to identify and prevent defects in service, record control and key and lock controls. PWS Section 1.1.2.12, 1.1.2.12.1 –

1.1.2.12.4 addresses specific requirements of the QCP.

52.212-2 Evaluation- Commercial Items (OCT 2014)

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

1) Factor 1 – Price

2) Factor 2 – Technical Acceptability

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

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

(End of provision)

ADDENDUM TO FAR 52.212-2

FAR Clause 52.212-2, Evaluation – Commercial Items (OCT 2014), is hereby tailored in accordance with the following:

(d): Basis for Contract Award: The Government intends to make an award based on Lowest Price, Technically Acceptable (LPTA). Failure to meet the requirements of the instructions in FAR Clause 52.212-1 will result in an offer being deemed unacceptable. All quotes will be evaluated on the Total Evaluated Price (TEP), then ranked from lowest to highest. The two lowest priced quotes will be rated for technical acceptability. If either of the quotes are deemed unacceptable during the evaluation process, the next lowest offeror(s) will be evaluated for technical acceptability. Once two quotes are rated as technically acceptable, the evaluation process will stop, and award will be made to the lowest priced offeror.

The evaluation process will include:

1) Price Evaluation:

The government will rank all offers by TEP, to include all option year prices and the six-month extension authorized by FAR 52.217-8. The TEP will be calculated by multiplying the monthly unit price by the quantity to confirm the extended amount quoted for each

CLIN. All extended amounts will then be added together to get to the total price proposed. The total proposed price will then be added together with the sum for the six month extension. The six month extension will be calculated by taking the Extended CLIN amounts for Option Year 4 and multiplying by a factor of 0.5. The total price proposed added with the six month extension price will equal the TEP. The total proposed price will be evaluated for fair and reasonableness IAW FAR 13.103-3(a).

2) Technical Acceptability:

Offerors will be evaluated on written documentation submitted in accordance with the Addendum to FAR 52.212-1, Instructions to Offerors. Technical acceptability is based on successfully meeting the requirement. The three outlined sub-factors will be rated as “Acceptable” or “Unacceptable” according to Table 1.

Table 1. Technical Ratings

Rating Description

Acceptable Quotation clearly meets the minimum requirements of the solicitation.

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

Offerors must receive an “Acceptable” rating for each sub-factor to receive an overall “Acceptable” rating in the technical evaluation. In the event one or more sub-factors receives an “Unacceptable” rating, the quote will receive an overall “Unacceptable” rating for the technical evaluation.

Sub-Factor 1: Past/Present Experience – the sub-factor is met when the offeror submits information on Attachment 3 that summarizes the offeror’s experience in providing chapel services. A minimum of one (1) year of experience is required. Experience must have occurred within five (5) years from the date the solicitation was issued.

Sub-Factor 2: Management Approach – the sub-factor is met when the offeror submits an approach that outlines the plan to successfully accomplish this requirement, to include: to fill positions in a timely manner and maintain a personnel support structure once positions are filled.

The plan shall also clearly outline the hiring process and turn-over process.

Sub-Factor 3: Quality Control Plan – the sub-factor is met when the offeror submits a plan that addresses how the offeror will ensure the service received is meeting the requirements of the PWS, to include an inspection system, the method to identify and prevent defects in service, record control and key and lock controls. PWS Section 1.1.2.12, 1.1.2.12.1 – 1.1.2.12.4 addresses specific requirements of the QCP.

52.212-3 Offeror Representations and Certifications – Commercial Items (MAR 2020)

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. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

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

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

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

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

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

(6) Have been voluntarily suspended.“Sensitive technology”—

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 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 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—

(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 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

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

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.

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.

(b)

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

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

[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 will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

http://www.sam.gov/ https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

(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 CFR124.1002.

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

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

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

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

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

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

and

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

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

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

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

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

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

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

(d) 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.

(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) 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-http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)

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

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

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

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

https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446

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, i.e., an end product that is not a COTS item and…