Solicitation Document.doc

REQUEST FOR QUOTE (RFQ)

W911RX-21-Q-0043

Museum Staffing Services

The Mission and Installation Contracting Command, Fort Riley, KS intends to solicit and award a firm-fixed price (FFP) contract for Museum Staffing services at Fort Riley, Kansas. This is a combined synopsis/solicitation for commercial services prepared under Federal Acquisition Regulation (FAR) 13.003 – Simplified Acquisition Procedures- Policy, and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

This combined synopsis/solicitation is issued under Request for Quotation number. This requirement is being solicited as 100% Small Business Set-Aside IAW FAR 12.6 and FAR 13, Simplified Acquisition Procedures.

All FAR references are based off of FAC 2021-06, Effective 12 July 2021 and DFARS publication notice 20210520.

Notice to Offeror(s): Funds are not presently available for this contract. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

RFQ Information. IAW FAR 12.603, the following information applies to this RFQ as appropriate:

A. FAR 5.207 Required Synopsis Information not already included elsewhere –

North American Industry Classification Code (NAICS)

Size Standard 712110 Museums

$30 mil

ATTN: Ronald Kabat, Contracting Officer

1792 12th St.

Fort Riley, KS 66441

E-mail: chrystal.a.artigue.civ@mail.mil

Phone: 785-239-4903

Fort Riley, Kansas

A. The Fort Riley Museum Complex is seeking current, relevant experience, personnel, and capability to perform a commercial service contract for the Fort Riley Museum Complex facilities located on Fort Riley, Kansas. Contractor shall furnish all management and personnel necessary, by providing general information and support to visitors and maintaining oversight of exhibit galleries during operation of the U. S. Cavalry Museum, 1st Infantry Division Museum and the Custer House. Additional performance requirements are identified in Section C-5 of the PWS Attachment 1 and Museum Division Standard Operating Procedures Attachment 2.

B. Regardless of any other provisions or clauses included in this RFQ, the following provisions and clauses apply to all acquisitions of commercial items and can be found within this RFQ either in full text or included by reference: Provisions 52.212-1, Instructions to Offerors – Commercial; 52.212-2, Evaluation - Commercial Items; 52.212-3, Offeror Representations and Certifications - Commercial Items Alternate I and Clauses 52.212-4, Contract Terms and Conditions - Commercial Items; 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders - Commercial Items.

C. Amendments to this RFQ will be issued in the same manner as the initial RFQ with the exception that the amendment shall be identified under the Solicitation Number with the words “Amendment #” followed by the sequential number beginning with 01 and proceeding as necessary until the RFQ response date.

ADDENDUM 52.212-1

Addendum to FAR 52.212-1 Instructions to Offerors

FAR PART 52.212-1(c), PERIOD FOR ACCEPTANCE OF OFFERS. The offeror agrees to hold the prices in its quotations firm for at least 90 calendar days after submission.

INSTRUCTIONS

(1) To assure timely and equitable evaluation of the quote, the offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, and representations and certifications. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts;

Part I – Summary Data/Technical Evaluation, Part II - Price Quote, Part III – Past Performance.

(2) Offers are to be received by the MICC Fort Riley via email no later than 10:00 (CST) Friday 22 October 2021.

a. Submit ONLY electronic quotes to the following email address:

Contracting Officer: Mr. Ronald L. Kabat, ronald.l.kabat.civ@mail.mil and Contract Specialist: Ms. Chrystal Artigue, chrystal.a.artigue.civ@mail.mil

b. The quote shall be submitted in a format readable by Microsoft Office which includes software programs such as Word, Excel, and PowerPoint.

c. For those pages of the quote that cannot be submitted using Microsoft Office, offerors shall include those pages electronically using Adobe Acrobat portable document files (.pdf) format.

d. Part II - Price shall be submitted in the provided Price Bid Exhibit A attachment using Microsoft Excel.

e. Identify the company name and title on quote.

f. Within the quote use separate files and folders to permit rapid location of all portions, including exhibits and attachments, if any. Each Part shall be complete in itself and shall not reference information contained in other Parts. Page 1 of a Part is defined as the first page after the Table of Contents. All pages shall be numbered.

g. USB flash drives, floppy disks, CD’s/DVD’s and zip disks are not acceptable.

(3) The contracting officer has determined there is a high probability of adequate price competition for this acquisition. Upon examination of the quotes, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists, no additional cost information will be requested. However, if at any time during this evaluation the contracting officer determines that adequate price competition no longer exists, offerors may be required to submit information to the extent necessary to determine the price reasonableness.

(4) Specific Instructions:

a. Part I –Summary Data/Technical Evaluation: The following information will be required in Part I:

(i) The offeror shall provide a concise summary to include CAGE Code, DUNS number, and EIN number.

(ii) Provision 52.212-3 Offeror Representations and Certifications - Commercial Items, Alternate 1.

(a) If the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Website located at http://www.sam.gov/portal, the Offeror shall submit a statement verifying the representation and certifications currently posted electronically in the SAM database have been updated within the past 12 months and are current, accurate, complete, and applicable to this solicitation. Include this statement in Part I.

(b) If the Offeror has not completed the annual representations and certifications electronically, the offeror shall complete only paragraphs (c) through (u) of FAR Provision 52.212-3 and register on-line at http://www.sam.gov/portal. Return FAR Provision 52.212-3 and Alternate 1 (with the necessary fill-ins) and include with Part I. Annual representations and certification will not count towards page limit identified in paragraph d., of this document.

(iii) Other provisions and clauses required in this solicitation will not count towards the page limit identified in paragraph e., of this document.

(iv) Submit an acknowledgment of all solicitation amendments, if issued. If the amendment changes the offeror's quote or includes any additional documents/ information that was not previously submitted with the original quote, submit the revised quote and the Amendment Acknowledgement of Receipt in accordance with the above paragraph. Revised quotes must be received by the quote due date and time. If the amendment does not change the offeror's original quote or include any additional documents/information the signed Amendment Acknowledgement of Receipt can be emailed to chrystal.a.artigue.civ@mail.mil . All acknowledgement of amendments must be received by the quote due date and time.

(v) Submit an Affirmation of no Exceptions, Deviations, or Waivers, if none proposed.

(vi) Submit a letter, signed at the vice-president level or equivalent or higher, that identifies the individual(s) with the authority to obligate or otherwise bind your company to the resulting contract and, if necessary, future contract modifications.

(vii) Responsibility Determination. To assist in determining contractor responsibility in accordance with FAR 9, the offeror shall explain how they plan to maintain adequate financial resources for a contract.

b. Part II - Price Quote: This Part shall be the completed on Exhibit A, of this solicitation.

(a) In order to be considered for award the offerors shall submit a firm-fixed priced offer for the entire requirement; partial offers will not be accepted. Offerors shall provide both the unit price and extended amount (total price) in Exhibit A: CLIN Pricing Structure. Offers shall include FOB Destination.

(b) Offeror must price each CLIN (Exhibit A-CLIN Pricing Structure) on the solicitation and input cost for each line for a base plus three (3) Option Periods. Price shall be all inclusive and include, but not be limited to, the following costs:

-General and Administrative

-Overhead, Profit

-Training if required

-Clothing, badges

c. Part III – Past Performance Information:

Only references for the prime contractor or subcontractors that will perform major or critical aspects of the requirement will be considered and should be submitted. The following documents will be required in Part III:

(i) Quality and Satisfaction Rating for Contracts Completed in the past three years: Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

(ii). Performance Questionnaire: Past Performance Questionnaires (PPQs) shall be used by the offeror in obtaining and providing past performance information. The government requires the offeror send out a PPQ to each of the Points-of-Contact (POCs) identified in the Past Performance Quote.

(1) The offeror shall send out the PPQ (Attachment 7), using the Past Performance Evaluation Cover Letter (Attachment 7), to each of their references. The responsibility to send out the PPQs rest solely with the offeror.

(2) Once the questionnaires are completed by the POCs, the information contained therein will be considered source selection sensitive and will not be released outside the government. The POCs shall forward their completed questionnaires directly to the government - NOT BACK TO THE OFFEROR.

(3) Past Performance Questionnaires shall be sent directly from your reference to be received by the MICC- Fort Riley Contracting Office no later than 10:00 (CST), 22 October 2021 and marked attention of Ronald Kabat via email to ronald.l.kabat.civ@mail.mil (iii). Past Performance Information: The government will evaluate the quality and extent of offeror's performance deemed relevant to the requirements of this solicitation. The government will use information submitted by the offeror and other sources such as the Federal Awardee Performance and Integrity Information System (FAPIIS) and the Contract Performance Assessment Reporting System (CPARS), other federal government offices and commercial sources to assess performance.

(iv).

Provide a list of no more than five (5) of the most relevant contracts performed for federal agencies and commercial customers within the last three (3) years. Relevant contracts include efforts involving service contracts similar in magnitude and complexity. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition.

(v). Furnish the following information for each contract referenced:

· Offeror Company/Division name and CAGE code

· Indicate whether offeror was the prime contractor, subcontractor, teaming partner or joint venture

· Program Title

· Contract Title

· Contracting Agency/Customer

· Contract Type

· Contract Number

· Contract Dollar Value (do not include unexercised options)

· Period of Performance

· Verified, up-to-date: name, address, email and telephone number of the contracting officer Comments regarding compliance with contract terms and conditions

· Quality and Satisfaction Rating: Provide any objective information (e.g., metrics, customer surveys, independent surveys) which demonstrates customer satisfaction with overall job performance and quality of completed service.

· Comment regarding any performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

****NOTE: If an offeror has no past performance history of relevance, the offeror must state affirmatively it possesses no past performance history of relevance. ****

(vi). Subcontractor Consent: A subcontracting Plan is not required for this requirement.

d. Quote Submission Summary:

The format for quotes shall be 8 1/2" x 11" paper except for fold-outs used for charts, tables, or diagrams, which may not exceed 11" x 17". A page is defined as one face of a sheet of paper containing information. Typing shall not be less than 10 font. Size of print is applicable to charts and graphs. Page margins shall be a minimum of 0.7 inch top, bottom, and each side.

Evaluation Factors for Award

ADDENDUM FAR 52.212-2

The clause at FAR 52.212-2, Evaluation – Commercial Items, applies to this acquisition and is amended as follows.

Basis for Contract Award: The basis of which this contract will be awarded will be price, and past performance in accordance with Federal Acquisition Regulation (FAR) Parts 12 and FAR 13 procedures. By submission of this offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications.

The contract resulting from this RFQ will be awarded to that responsible offeror (in accordance with FAR 9.104) whose offer, conforms to the RFQ, and is determined to provide the best value to the Government, which may not be the quote/proposal offering the lowest price. The award will be based on the combined evaluations of past performance and price. Past Performance and price will be subject to the best value trade-off process; with past performance being more important than price. The importance of price as an evaluation factor will increase with the degree of equality of the quotes in relation to the non-price factors. When price is so significantly high as to diminish the value of past performance info to the Government, price may become the determining factor for award. The trade-off process is described below:

If one technically acceptable offeror is better in terms of past performance and has the lowest price, that offeror may be considered to be the best value.

If one technically acceptable offeror is better in terms of past performance, but does not have the lowest price, the Government will evaluate whether the differences in the non-price factor is worth the differences in price. If the differences are considered to be worth the differences in price, the offeror with the higher price may be considered the better value.

The evaluation process will include the following:

(1) Technical Capability: The Government will evaluate technical as Acceptable or Unacceptable rating as described in Table 1 below. An overall technical capability rating will not be assigned.

If an offeror receives an unacceptable rating the solicitation does not meet a requirement of Part 1 in the solicitation, the offeror will not be considered for award.

(2) Price Evaluation:

(a) Any quote that fails to conform to the essential requirements of the RFQ shall be rejected.

(b) Any quote that does not conform to the applicable specifications shall be rejected unless the RFQ authorized the submission of alternate quotes and the supplies offered as alternates meet the requirements specified in the RFQ.

(c) Any quote that fails to conform to the delivery schedule or permissible alternates stated in the RFQ shall be rejected.

(d) A quote shall be rejected when the offeror imposes conditions that would modify requirements of the RFQ or limit the offeror’ s liability to the Government, since to allow the offeror to impose such conditions would be prejudicial to other offerors. See FAR 14.404-2(d) for examples.

(e) A low priced quote may be requested to delete objectionable conditions from a quote provided the conditions do not go to the substance, as distinguished from the form, of the bid, or work an injustice on other offerors. A condition goes to the substance of a bid where it affects price, quantity, quality, or delivery of the items offered.

(f) Any quote may be rejected if the contracting officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only the total price of the quote, but the prices for individual line items as well.

(g) Any quote may be rejected if the prices for any line items or subline items are materially unbalanced.

(h) Quotes received from any person or concern that is suspended, debarred, proposed for debarment or declared ineligible as of the RFQ closing date or prior to award shall be rejected unless a compelling reason determination is made.

(i) Low quotes received from concerns determined to be not responsible pursuant to Subpart 9.1 shall be rejected.

(j) The price analysis techniques may be used as guidelines and the price analysis shall consider whether quotes are materially unbalanced. Unbalanced pricing of individual line items may eliminate the vendor from consideration for award and be determined a non-responsible vendor if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(3) Past Performance Evaluation: The government will evaluate recent and relevant performance information on the lowest priced evaluated offeror based on: (1) Part IV - Past Performance Information provided by the offeror; (2) Any past performance information obtained from the Performance Questionnaires (Attachment 7); and (3) Any data independently obtained by the government and/or commercial sources.

The past performance evaluation will take into account past performance information from the principle offeror, as well as, previous contract's key personnel and subcontractors that will perform major aspects of the requirement. The past performance on the predecessors company's key personnel and subcontractors that will perform major aspects of the requirement will be rated as highly as past performance information for the principal offeror. The Government will use the following procedures in evaluating past performance:

The offeror's past performance efforts will be assessed for: Recent, Relevancy and Performance Quality. The Government will only evaluate performance quality on past efforts that are determined to be both recent and relevant.

Recent: An assessment of the past performance information will be made to determine if it is recent. Recent past performance information includes contracts performed and/or being performed for any customer within the last three (3) years preceding the date of issuance of this solicitation, to include at least six (6) months of documented performance during the three (3) year period.

Performance Quality: The quality assessment consists of an evaluation of recent and relevant past performance information available, regardless of its source. The quality assessment may reveal positive or adverse past performance information. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comment received from sources without a formal rating system.

Relevancy: Relevant contracts performance effort involved similar scope, magnitude of effort, and complexities to that required by this solicitation. The government will assess relevancy for each contract and assign a rating as described in Table 2 below:

Table 2. Past Performance Relevancy Ratings

For each of the recent and relevant past performance information reviewed, the performance quality of work will be assessed based on the: (1) Quality Assessment Criteria evaluated under Section 4 of the PPQ (Attachment 7), (2) the evaluation ratings in the Federal Awardee Performance and Integrity Information System (FAPIIS), if available and (3) Past Performance information obtained from other sources available to the Government.

Offerors with no recent past or present performance history or the offeror performance record is so limited that no confidence assessment rating can be reasonably assigned will receive the rating "Neutral" meaning the offeror is treated neither favorably nor unfavorably (neutral).

Section I - Contract Clauses

PROVISIONS INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY REFERENCE

PROVISIONS INCORPORATED BY FULL TEXT

52.204-17

OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code: ____________________

Immediate owner legal name: ______________________

(Do not use a "doing business as" name)

Is the immediate owner owned or controlled by another entity?: □ Yes or □ No.

(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code: ___________________

Highest-level owner legal name: ___________________

(Do not use a "doing business as" name)

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-3

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS ALTI (FEB 2021)

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.

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

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

Small business concern—

(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 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)…