Solicitation 75R60120Q00005 NHDP Clinical Center Patient Meals.pdf

Title: NHDP Clinical Center Patient Meals Attachment A – Statement of Work (SOW)

Statement of Work (SOW) Title: NHDP Clinical Center Patient Meals

Date: June 9, 2020

I. Background

The National Hansen’s Disease Program (NHDP) operates a clinical facility at its Headquarters in Baton Rouge, LA, and provides direct patient care for Hansen’s Disease (HD) and its related complications. As authorized by P.L. 105-78, NHDP provides outpatient and short-term care and treatment for HD and related complications to any person determined by the Secretary of Health and Human Services (HHS) to be in need of such care and treatment. NHDP is authorized under the Public Health Service Act to pay necessary expenses, such as meals, for a Patient receiving health care services from an Operating Division (OPDIV) of HHS.

II. Purpose

The purpose of this requirement is to provide meals to NHDP patients and their escorts for Breakfast, Lunch and Dinner, with choices of hot line items, grilled items or prepared salads, side dishes, desserts, breads, beverages, utensils, napkins, condiments and packaged in ready-to-eat containers. NHDP may accommodate up to 6 patients at any given time, averaging 3 patients per day. When required, patients may be accompanied by a personal escort, averaging 30 meals a year.

III. Period of Performance / Place of Performance

The period of performance shall be for one 12-month base period with four 12-month option periods. Exact dates will be entered at time of award.

The place of performance shall be at the NHDP, 9181 Interline Avenue, Baton Rouge, LA 70809.

Core days and hours of operation are Sunday through Saturday during the hours of 7:00 a.m. to 5:30 p.m. (Central Time). Breakfast will be served at 7:30 a.m., Lunch at 12:00 p.m., and Dinner at 5:00 p.m. Delivery of all meals shall occur 15 minutes prior to the scheduled serving times.

IV. Tasks

Task 1: Kick Off Meeting

The contractor shall meet with the COR within 7 days of the start of the contract to discuss contract tasks, meals, menus, ordering procedures, delivery site, and meal times.

Task 2: Meal Menus and Ordering

The contractor shall:

1. Provide menus listing entrées, sides, deserts, breads and beverages at least 7 days before meal delivery is to occur.

2. Provide a process for clients to order freely, from menus, as to which foods and drinks they want for the Breakfast, Lunch, and Dinner meals. Examples of meals are as follows:

• Breakfast selection of cereal or grits/oatmeal, eggs and one meat (bacon, sausage or ham) with coffee, milk or juice

• Lunch and Dinner selection of entrée, 2 sides, bread, dessert and fountain drink, coffee or tea

• Lunch and Dinner selection of Grilled items and French Fries with fountain drink, coffee or tea

• Lunch and Dinner selection of Entrée Salad with choice of meat and fountain drink, coffee or tea

• Any combination of the above choices

Task 3: Meals and Delivery

1. Provide up to 3,726 meals for each period of performance. This includes 1 meal each for an average of 3 patients per day, 3 meal times a day, 7 days a week, 42 weeks a year, including holidays; an average of 5 patients per day, 3 meal times a day, 7 days a week, 10 weeks a year, including holidays; and up to 30 patient escort meals per period of performance, and up to 30 meals per period of performance for patient escorts.

2. Package meals in ready-to-eat containers and include utensils, napkins and condiments.

Meals shall be prepared and delivered using standard food safety guidelines and kept hot or cold based on food type. Food handling and safety procedures shall be conducted in accordance with the FDA Food Code (https://www.fda.gov/media/110822/download).

3. Deliver meals to NHDP 15 minutes prior to meal serving times.

Task 4: Summary of Meals Delivered

1. Submit a summary of meals delivered with monthly invoices. The summary shall list the number of meals delivered for Breakfast, Lunch and Dinner for each day of the month being invoiced.

V. Schedule of Deliverables

Item Description Qty Due Date Submit To

Meals (Section IV, Task 3)

3,726 (Not To Exceed)

15 minutes prior to meal serving times.

NHDP COR;

jfigarola@hrsa.gov

VI. Payment Schedule

This is a Hybrid Firm Fixed Price, Time and Material type contract. The contractor shall bill on a monthly basis based on the number of meals delivered. Payment for services shall be made after submission of a proper invoice. In addition to the monthly total price, invoices shall reflect the number of Breakfast, Lunch and Dinner meals delivered each day during the month being invoiced. See SOW Attachment A for Invoice Instructions.

Base Period Item Description Quantity Unit Price Totals

1 Meals 3726

Base Period Total:

(Not To Exceed)

Option Period One

Option Period One Total:

Option Period Two

Option Period Two Total:

Option Period Three

Option Period Three Total:

Option Period Four

Option Period Four Total

Total Contract Value

Attachment B

Clauses

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses.

FAR 52.212-1 - Instructions to Offerors - Commercial Items (MAR 2020).

General

Contained herein are the minimally acceptable requirements for proposal information that is to be submitted in accordance with the following instructions for the format and content of proposals. Offeror’s shall submit the proposal volumes stated below to be considered responsive to this solicitation, no exceptions. Failure to submit a completed proposal by the time that proposals are due will result in the exclusion from further consideration by the Government for award.

Proposals shall stipulate that it is predicated upon all the terms and conditions of this solicitation.

In addition, it must contain a statement to the effect that the proposal is valid for a period of at least 180 days from the date of receipt by the Government. Offerors shall submit proposals and data comprehensive enough to provide the basis for a sound evaluation. The data and information should be precise, factual, and responsive and shall be keyed to each paragraph of the technical proposal requirements as outlined below.

Proposal information shall be submitted in separate volumes and clearly labeled. Each volume shall be separate and complete unto itself so that the evaluation of one volume may be accomplished independently of the evaluation of the other volume(s).

Proposals shall be submitted in three (3) volumes as follows:

Volume Title

I Technical Proposal II Past Performance III Business Proposal

The solicitation shall be signed by an official authorized to bind your organization and shall be submitted with your proposal by email by the date and time specified on page 1 of the solicitation to Jennifer Lohmeier at JLohmeier@hrsa.gov.

All questions and/or inquiries concerning this solicitation shall be submitted via email to Jennifer Lohmeier at JLohmeier@hrsa.gov by 2PM Eastern Time, June 16, 2020. Questions submitted after the due date and time for questions will not be accepted. Any resulting addition, deletion, or change to the solicitation will be made by issuing a formal amendment. Offerors are instructed to contact only the issuing contract office in connection with any aspect of this requirement prior to contract award.

Electronic documents submitted as part of your proposal shall be submitted in Word or PDF, single spaced, printable on 8.5 x 11-inch paper, paginated front to back, font 12 Times New Roman, .5 to 1 inch margins, and searchable. Pricing information shall be submitted in MS Excel format with formulas intact. Each page shall be numbered in a page X of Y format, for example;

page 1 of 3, page 2 or 3, page 3 of 3. Each page shall include a header that states the organizational name and if applicable a footer on applicable pages that notes that proprietary information. Each volume shall be formatted to include a table of contents which corresponds to the section of that volume.

Technical Proposal shall not exceed 25 pages, including attachments, addendums, resumes and other required appendices. Offerors are advised to strictly observe limitations on the length and format specified since review of the proposal will be limited to 25 pages. There is no page limit for the business proposal.

Where data and/or information appear in one volume, it does not have to be repeated in any other part. However, if data and/or information does appear in more than one volume it shall be cross referenced by indicating the specific location including the volume and page number as a minimum. The clarity, relevance, and conciseness of the proposal is important, not the length.

The Government will evaluate proposals in accordance with the evaluation criteria set forth within this solicitation.

This solicitation does not commit the Government to pay any cost for preparation or submission of a proposal. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition.

United States Governmental, or Department of Health and Human Services, or Health Resources Services Administration, or National Hansen’s Disease Programs letterhead and/or logo should not be included in your proposal. Your proposal also should not include proposals from past contracts unless it is requested in the past performance section.

Technical Proposal Instructions – Volume I

Volume I–Technical Proposal shall not contain references to price/cost; however, resource information such as data concerning labor hours and categories, materials, subcontracts, past performance, etc., shall be contained in the technical proposal so that the Offerors understanding of the statement of work may be evaluated. It shall disclose the technical approach in sufficient detail to provide a clear and concise presentation that includes the requirements of the technical proposal instructions. Volume I–Technical Proposal shall include a statement indicating whether or not any exceptions are taken to the terms and conditions of this solicitation as part of the proposal transmittal letter. Any exceptions taken must include identification of the specific paragraphs and rationale for each exception. Exceptions shall also be noted in the proposal, at the location of the exception.

In order to establish uniformity and to facilitate the evaluation, volume I shall address and be organized as follows:

1. Technical Approach.

a. Technical Approach.

The offeror shall:

1. Describe their ordering and delivery procedure including how food will be transported.

2. Describe procedures for ordering of meals the day before delivery.

3. Describe how meals will be package for delivery and how food items will be kept hot/cold during transport.

4. Describe process for ensuring meals are delivered as ordered and on schedule.

b. Food Safety Procedures.

1. Describe its food handling and safety procedures in accordance with the FDA

Food Code (https://www.fda.gov/media/110822/download).

c. Availability of Menus.

1. Describe its process on how menus will be made available to patients 7 days prior to ordering meals. Menus will include a list of entrees, sides, desserts, breads and beverage offerings, as appropriate, for each meal.

2. Submit sample menus for review.

2. Organizational Experience.

a. Organization Experience.

1. Describe its experience in preparing meals that provide a range of choices.

2. Describe their experience in preparing non-vegetarian and vegetarian meals, and describe other food items that are available.

3. Describe its experience with providing food to off-site locations; including health care facilities, schools and other businesses.

Past Performance Instructions – Volume II

Offerors shall submit three (3) past performance references where the Offeror was the prime contractor or subcontractor for relevant work completed within the past three (3) years as required by this solicitation. “Relevant” is defined as similar in size, scope and complexity to this contract. The Offeror must clarify the percentage of work, dollar allocation and personnel roles as it relates to the key labor category requirements.

Offerors shall submit copies of their CPARS ratings for contracts with Federal agencies that are relevant to this procurement in Volume I. If the Offeror has not held any Federal contracts, then the Offeror may submit references from state, local, or private contracts using the Past Performance Questionnaire (Attachment C). Offerors shall forward a copy of the entire Past Performance Questionnaire to their clients to complete. The completed questionnaire shall be submitted to jlohmeier@hrsa.gov no later than June 24, 2020 at 2PM Eastern Time.

Business Proposal – Volume III

The price quote shall propose labor categories, labor hours, any unit pricing used, any discounts offered and any other relevant pricing information that adequately fulfill the requirements set forth in the SOW for the base and all optional items/tasks. The Offeror shall also furnish a price breakdown to accomplish the SOW including a total firm-fixed price associated to the tasks listed in the SOW. In addition, the price quote shall include a completed and signed copy of Standard Form 1449-Solicitation/Contract/Order for Commercial Items.

Instructions to Offerors - Commercial Items

(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

(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.

(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.

(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.

Provisions at FAR 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:

Award Criteria

The Government anticipates one award resulting from this solicitation; however, the Government reserves the right to make no award as a result of this solicitation. In addition, the solicitation may be amended if determined to be in the best interest of the Government.

Proposal evaluation will be based on a Lowest Price Technically Acceptable (LPTA) methodology. Award will be based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost/price factors.

The Government reserves the right to make a single award, multiple awards, or no award as a result of this solicitation. In addition, the solicitation may be amended if determined to be in the best interest of the Government. The Government reserves the right to make award without discussions.

The quote will be evaluated using the following criteria as they relate to the content of the corresponding volumes.

Factor 1 – Technical.

The following Technical Factors will be evaluated on an acceptable or unacceptable basis, using the ratings and descriptions outlined as follows:

Acceptable – Quote clearly meets the minimum requirements of the solicitation.

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

1. Technical Approach.

The government will evaluate the Offeror’s approach to successfully satisfy the following:

a. Ordering Procedures and Delivery.

The Government will evaluate:

1. The offerors ordering and delivery procedures including how food will be transported.

2. The offerors procedures for ordering of meals the day before delivery.

3. The offerors plan to package and keep meal items hot/cold during delivery

4. The offerors plan to ensure meals are delivered as ordered and on time.

b. Food Safety Procedures.

1. The offerors plan for food handling and safety procedures in accordance with the

FDA Food Code (https://www.fda.gov/media/110822/download).

c. Availability of Menus.

1. The offerors plan for how menus will be made available to patients 7 days prior to ordering meals. To include, menus containing a list of entrees, sides, desserts, breads and beverage offerings, as appropriate, for each meal.

2. The offerors sample menus.

2. Organizational Experience.

a. Organization Experience.

1. The offerors experience in preparing meals that provide a range of choices.

2. The offerors experience in preparing meals that offered a range of choices; to include, vegetarian and non-vegetarian meals, and other available food items.

3. The offerors experience with providing food to off-site locations; including health care facilities, schools and other businesses.

Factor 2 – Past Performance.

The following Past Performance Factor will be evaluated on an Acceptable, Unacceptable, or Unknown basis per the following definitions:

• Acceptable – Based on the vendor’s performance record, the Government has a reasonable expectation that the vendor will successfully perform the required effort.

• Unacceptable – Based on the vendor’s performance record, the Government has no reasonable expectation that the vendor will be able to successfully perform the required effort.

• Unknown- The vendor’s performance record is unknown.

The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government.

In the case of Offerors without a record of past performance, or for whom information on past performance is not available so that no past performance rating can be assigned, the Offerors may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)).

Therefore, the Offerors without a record of past performance, or for whom information on past performance is not available they will be determined to have a neutral past performance.

Factor 3 – Price.

Price will be evaluated on the total price, base and all options, being determined to be fair and reasonable.

(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.

FAR 52.212-3 Offeror Representative 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;

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

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

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

Small disadvantaged business concern, consistent 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 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.

(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-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:

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 does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin:

[List as necessary]

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

(2)…