Sol_140G0222R0015.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

GDB

DENVER CO 80225-0046

204 DENVER FEDERAL CENTER

PO BOX 25046

USGS OAG DENVER ACQUISITION BRANCH

0010225113 CODE 16. ADMINISTERED BYCODE

X

X

541380

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORGDB

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/13/2022 1200 MD

03/22/2022

303-236-9321Jennifer Rollin (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140G0222R0015

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 29 0040527792OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Denver CO 80225-0046 Bldg. 810, ENT. E-11, MS 973

USGS CMERSC

15. DELIVER TO

DENVER CO 80225-0046

204 DENVER FEDERAL CENTER

PO BOX 25046

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USGS OAG DENVER ACQUISITION BRANCH

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Combined Synopsis/Solicitation

Chemical Analysis Services of Geological Materials.

Anticipated Award Type: Indefinite Delivery, Indefinite Quantity (IDIQ), Firm-Fixed Price Contract.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Karen La Bouff-Kind

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 04/27/2025

Period of Performance: 04/28/2022 to 10/27/2025

Offers providing less than 90 calendar days for

Government acceptance after the date offers are due will not be considered and will be rejected.

00010 IDIQ - Year 1-3: April 28, 2022 through April

27, 2025

Services, Non-Personal to provide all supervision, plant, equipment, labor and materials (unless otherwise provided herein) for the analytical chemistry services in accordance with the attached statement of work and terms and conditions.

Product/Service Code: F999

Product/Service Description: OTHER ENVIRONMENTAL

SERVICES

Period of Performance: 04/28/2022 to 04/27/2025

00020 IDIQ 6-Month Extension: April 28, 2025 through

October 27, 2025

Services, Non-Personal to provide all supervision, plant, equipment, labor and materials (unless otherwise provided herein) for

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

29 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 29

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140G0222R0015 the analytical chemistry services in accordance with the attached statement of work and terms and conditions.

Product/Service Code: F999

Product/Service Description: OTHER ENVIRONMENTAL

SERVICES

Period of Performance: 04/28/2025 to 10/27/2025

Solicitation POC: Jenn Rollin, jrollin@usgs.gov

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Combined Synopsis/Solicitation 140G0222R0015

Contents

COMBINED SYNOPSIS/SOLICITATION

FAR 52.212-1- INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (NOV 2021)

FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (NOV 2021)

NON-PRICE/TECHNICAL EVALUATION

PRICE EVALUATION

EVALUATION PROCESS

BASIS OF AWARD

FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL Items (NOV 2021)

FAR 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JAN 2022)

52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-1 - SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

PROPOSALS SUBMISSION

INTEREST IN PROCEEDING

QUESTIONS SUBMISSION

ATTACHMENT 1 – Terms and Conditions ATTACHMENT 2 – Pricing Schedule

140G0222R0015

COMBINED SYNOPSIS/SOLICITATION

(I) This is a combined synopsis/solicitation for commercial items 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) This combined synopsis/solicitation is issued as a request for proposal (RFP). Written proposals shall reference, RFP Number 140G0222R0015. This combined synopsis/solicitation will utilize the policies contained in the Federal Acquisition Regulation (FAR) Part 12 in conjunction with the policies and procedures for solicitation evaluation and award prescribed in FAR Part 13.5, Simplified Acquisition Procedures, as appropriate for this acquisition. The Government intends to award using a SF1449 as a result from this combined synopsis synopsis/solicitation.

(III) The combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04, Effective Date 01/30/2022.

(IV) The RFP will be solicited for full and open competition on the open market. The associated NAICS code is 541380 – Testing Laboratories. The small business size standard is $16.5 Million.

(V) This combined synopsis/solicitation is for purchase of the following commercial item(s):

CLIN NO. 00010 – IDIQ – Year 1-3 - Chemical analysis services of geologic materials for USGS, Central Mineral and Environmental Resources Science Center (CMERSC), Denver, CO in accordance with the attached Performance Work Statement.

CLIN NO. 00020 – Optional 6-month extension - Chemical analysis services of geologic materials for USGS, Central Mineral and Environmental Resources Science Center (CMERSC), Denver, CO in accordance with the attached Performance Work Statement.

(VI) Refer to Attachment 1 – Performance Work Statement (PWS) for complete details.

(VII) Period of Performance: April 28, 2022 – October 27, 2025

Place of Delivery:

U.S. Geological Survey Central Mineral and Environmental Resources Science Center West 6th Ave. & Kipling St., Denver Federal Center (DFC) Bldg. 20, MS 973 Denver, CO 80225-0046.

Delivery shall be FOB Destination.

(VIII) FAR 52.212-1- INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (NOV

2021) Incorporated by reference.

The offeror is cautioned to study the Evaluation Factors stated below along with their relative importance. Your package shall address each of these factors since these are the standards against which your proposal will be evaluated. It is the offeror’s responsibility to include the appropriate documentation in its package to allow a complete technical/price evaluation. Failure to submit the appropriate

140G0222R0015 documentation may result in the rejection of the offeror’s proposal.

The offeror’s package shall consist of all required information requested in this combined synopsis/solicitation, signed SF1449, completed pricing schedule (Attachment 2), acknowledgement of any amendments, any information requested in the proposal instructions, and completed FAR Clauses and Provisions that are in full test. Offerors shall provide their Dun & Bradstreet (DUNS) number.

Failure to provide this may result in the rejection of the offerors proposal.

Refer to Attachment 1 for additional proposal instructions.

(IX) FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (NOV 2021)

(a) The Government will award a firm-fixed-price 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. When combined, the non-price Factors 1 through 5 are significantly more important than Price.

Evaluation factors are listed in descending order of importance with Factors 1 being the most important. Factor 1 is Pass/Fail. If Factor 1 fails, that offeror will be excluded from the selection process.

Factors 2 and 3 are next in order of importance but are of equal importance. Factors 4 and 5 are next in importance but are also of equal importance.

Factor 1 Technical Merit Factor 2 Laboratory QA/QC Operations Factor 3 Schedule Factor 4 Qualifications and Experience of Key Personnel Factor 5 Past Performance

NON-PRICE/TECHNICAL EVALUATION

FACTOR 1: TECHNICAL MERIT

Proposals will be evaluated based on the offeror’s approach, capability, and experience in measurement of analytical precision based on results from blind replicated samples contained within the sample set.

Analytical accuracy of the results and systematic errors will be evaluated using independent determinations and historical analytical data for those materials. The proficiency samples shall be analyzed on equipment identical to the Offeror's proposed system using chemical preparation techniques presented in the Performance Work Statement including:

1. Ability to meet the appropriate levels stated for each analysis.

2. Suitability of proposed method for each analysis.

FACTOR 2: LABORATORY QA/QC OPERATIONS

Proposals will be evaluated based on the offeror’s experience in data management and quality control procedures to include the following:

1. Ability to control the quality of required analyses, management, procedures, delivery of analyses that conform to contract.

2. Requirements and maintenance of substantiating evidence of instruments that analyses conform to contract quality requirements and furnishing information to the Government as required.

FACTOR 3: SCHEDULE

Proposals will be evaluated based on the offeror’s approach, capability, and experience for managing the requirement schedule of this contract including:

1. Reasonableness of proposed work schedule to fulfill RFP requirements including how sample throughput rate will be accomplished, including data management, time allocated for the preparation and submission of required reports.

FACTOR 4: QUALIFICATIONS AND EXPERIENCE OF KEY PERSONNEL

Proposals will be evaluated based on offerors approach to manage and administer subject IDIQ contract, and its task orders will be evaluated based on the attributes of qualifications, education, certification, and experience and applying these attributes to the personnel’s primary duties in effective management of the IDIQ contract and task orders.

1. Ability to provide qualified key personnel assigned to this contract in order to manage the contract effectively conforming to the contractual requirements.

FACTOR 5: PAST PERFORMANCE

Past performance is a measure of the degree to which an offeror satisfied its customers in the past and complied with the PWS, contract schedule, and contract terms and conditions. Past performance is also a measure of the risk of performance associated with the offeror. The Government will assess the offeror’s record of past performance on similar contracts as an indicator of success under this requirement.

The Government will treat each client reference’s response as Source Selection Sensitive in accordance with FAR 3.104. An Offeror will have the opportunity to respond to negative past performance information if the Offeror has not previously had an opportunity to respond to it.

The Government reserves the right to contact references for verification or additional information.

The Government will review past performance to examine the depth of experience of the Corporation successfully completing projects having the same or similar magnitude and complexity. A minimum of three references shall be provided.

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

(c) 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 discussion if later determined by the Contracting Officer to be necessary. (see FAR 52.212- 1(g) Contract award which is incorporated by reference on page 5 of this combined synopsis/solicitation).

Notwithstanding the overall technical score, a proposal may be deemed unacceptable if it fails to meet the stated minimum requirements of any one factor.

PRICE EVALUATION

The offerors price proposal will be evaluated separately from the non-priced Evaluation Factors listed above. Offers will be evaluated on the basis of total aggregate price for all items listed in Attachment 2 – Pricing Schedule for all three (3) years plus six (6) month option period. Note: The pricing schedule reflects estimated quantities. Exact quantities will be determined at the task order level.

The individual fully burdened hourly labor rates as well as the total sum of all burdened hourly labor rates for each labor category, location, and contract year will be further assessed for price reasonableness in comparison amongst the other offerors and the government estimate as indicated below.

To ensure fair, reasonable and balanced prices, the Government will perform a price analysis. Normally, adequate price competition establishes a fair and reasonable price. Price analysis techniques may include but not limited to:

• Compare proposals with the IGE/IGCE

• Compare proposals to each other

• Compare proposed prices with historical prices paid

• Compare proposed prices with commercially/publicly available information

• Internet search

• Catalog/market prices

• Compare prices with similar items, adjusted for differences

The Government may use price realism analysis to perform risk assessments and responsibility determinations. The offerors price proposal which are unrealistic in terms of technical approach or unrealistically low in price may be deemed reflective of an inherent lack of technical competency or indicative of failure to comprehend the complexity of the contract requirements and may be grounds for the rejection of the proposal. Offerors are reminded of below notes in Attachment 2 – Pricing Schedule.

NOTE 1: THE ESTIMATED QUANTITIES ON ATTACHMENT 2 WILL BE USED FOR

PRICE/COST EVALUATION AND ANALYSIS FOR PRICE REASONABLENESS ONLY. THE

GOVERNMENT IS NOT OBLIGATED TO UTILIZE THE ESTIMATED QUANTITIES.

NOTE 2: OFFERORS SHALL PROVIDE THEIR FULLY BURDENED LABOR RATE, THAT

INCLUDE WAGES, OVERHEAD, GENERAL AND ADMINISTRATIVE EXPENSES, AND

PROFIT FOR EACH METOD.

NOTE 3: OFFERORS SHALL HAVE NO ROUNDING ERRORS. MUST BE EXACT AND

MUST ROUND TO 2 DECIMAL POINTS FOR EACH METHOD.

EVALUATION PROCESS

The proposals will receive a preliminary review to determine whether the proposal contains sufficient information, as required by proposal stated below, to allow Government to perform a meaningful evaluation. If the results of this preliminary review indicated that the proposal lacks sufficient information

140G0222R0015 to allow a meaningful evaluation to be conducted, the Contracting Officer (CO) may eliminate the proposal from further evaluation and consideration for award.

A Technical Evaluation Committee (TEC) comprised of Government personnel will evaluate proposals.

The technical evaluation and rating of proposal will be conducted in strict confidence. The number and identities of offerors will not be revealed to anyone not involved in the evaluation and award process or to other offerors.

The proposals will be evaluated against the factors set forth in this combined synopsis/solicitation. Price portion of proposals will be evaluated independently of technical portion of proposals. The TEC will not have access to price information until completion of the technical evaluations of the proposals.

After completion of the technical and price evaluations, the TEC will make an award recommendation based on the evaluations to the CO. The CO will then consider all proposals and the evaluation factors stated herein, including assessment of the degree of risk associated with the proposals, to determine the offer that provides the overall best value to the Government.

The Government will assess its level of confidence that the contractor will successfully perform the requirements based non-price merit using the following confidence level results. Technical and past performance, when combined, are the offer’s non-price merit, which is of greater value/importance than price.

HIGH CONFIDENCE

The Government has high confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

SOME CONFIDENCE

The Government has some confidence that the Offeror understands the requirement , proposes a sound approach, and will be successful in performing the contract with some Government intervention.

LOW CONFIDENCE

The Government has low confidence that the Offeror understands the requirements, proposes a sound approach, or will be successful in performing the contract even with Government intervention.

Factor 5 - Past performance will also include the following rating:

NEUTRAL

In the case of an offeror without a record of relevant, recent past performance or for whom information on the past performance is not available, the offeror will be evaluated neither favorably nor unfavorably on past performance.

BASIS OF AWARD

Refer to section (IX)- FAR 52.212-2 – EVALUATION- COMMERCIAL ITEMS.

The award of this requirement shall be made using only the procedures found in the Federal Acquisition Regulations (FAR) Part 12 Acquisition of Commercial Items and Part 13 Simplified Acquisition Procedures including Subpart 13.5 - Simplified Procedures for Certain Commercial Products and Commercial Services.

The Government will use a best value process for the source selection. The award will be made to the responsible offeror whose offer conforms to the combined synopsis/solicitation requirements and provides the best value to the Government considering all evaluation factors.

140G0222R0015

The Government contemplates a single, 3 year Indefinite Delivery, Indefinite Quantity (IDIQ) with an optional 6-Month Extension (per FAR 52.217-8) contract.

In determining which proposals offers the greatest value or advantage to the Government, overall technical merit will be considered more important than price or cost. The degree of importance of price or cost as an evaluation factor will increase with the degree of equality in the technical merits of the proposals, therefore the Government reserves the right to award to a lower price offeror when offers are considered essentially equal in terms of technical merit.

Between acceptable proposals with a significant difference in technical merit, a determination will be made as to whether the additional technical merit or benefits reflected by a higher priced proposal warrants payment of the additional price or cost.

(X) The offeror shall submit a completed copy of the provision at FAR 52.213-3 - OFFEROR

REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (NOV 2021),

with its proposal. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at https://www.sam.gov. If an offeror has not completed the annual representations and certifications electronically at SAM, the offeror shall complete only paragraphs (c) through (q) 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;

https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 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

140G0222R0015

(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—

(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 veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

Small business concern— https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 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

140G0222R0015

(1) 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.

(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—

(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 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 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 ______________.

http://www.sam.gov/ https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/4.1201#FAR_4_1201

140G0222R0015

[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.

(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.

140G0222R0015

(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)

(i) The Offeror certifies that each end product, 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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1

140G0222R0015

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

[List as necessary]

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

(g)

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

(i)

(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.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

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

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

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American- Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

[List as necessary]

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

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

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

Canadian End Products:

[List as necessary] https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3

140G0222R0015

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II.

If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

[List as necessary]

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III.

If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

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

[List as necessary]

(5) 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:

[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 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 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 https://www.acquisition.gov/far/part-25#FAR_Part_25

140G0222R0015 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 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.

(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…