Solicitation - FA480922Q0061.pdf
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- FA480922Q0061
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| Attachment 3 - Wage Determination.pdf | ||
| Attachment 2 - Maintenance and Parts List.pdf | ||
| Attachment 1 SoW - 4 SFS UTV_ATV Fleet.pdf |
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Text version
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
Solicitation/Contract Form
SERVICE AND REPAIR FOR POLARIS ATV/UTV FLEET
Proposal Identifier: FA480922Q0061 Date: 04 Aug 2022
Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Qty Unit Unit Price
Amount
SERVICE AND REPAIR FOR POLARIS ATV/UTV FLEET
Product Service Code: J023 Pricing Arrangement: Firm Fixed Price
1 Lot
Description/Specifications/Statement of Work
Requirements
4SFS- SERVICE AND REPAIR FOR POLARIS ATV/UTV FLEET
Packaging and Marking
Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Mr. Henderson will inspect all vehicles prior to contract completion.
DoDAAC: F3T3SF CountryCode: USA
F3T3SF 4 SFS SFO
AF NO MILSBILLS PROC CP 9197222710
1010 TINKER ST
SEYMOUR JOHNSON AFB, NC 27531-2568
UNITED STATES
MAXIE L. HENDERSON
Email: maxie.henderson.1@us.af.mil Telephone: 919-722-2710
Deliveries or Performance
Overall Contract Delivery Period
Contractor Government Furnished Property (GFP)
Line Item Delivery Schedule QTY Address and POC
Period of Performance From 15 Aug 2022 To 24 Aug 2022
1 Lot
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Repairables Receivables Report
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA4809 Admin DoDAAC FA4809 Inspect By DoDAAC ____ Ship To Code F3T3SF Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) FA4809 Ext F3T3SF Service Acceptor (DoDAAC) FA4809 Ext F3T3SF Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
4CONS.PKB.ORG@us.af.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Special Contract Requirements
Liability.
(a) Workers' compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)
(b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.
(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.
(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2021 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Sep 2013 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2021
252.223-7008 Prohibition of Hexavalent Chromium. Jun 2013 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. May 2022 252.232-7010 Levies on Contract Payments. Dec 2006
252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.
Apr 2020
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jun 2013 252.244-7000 Subcontracts for Commercial Items. Jan 2021
FAR Clauses Incorporated by Full Text
52.252-2 Clauses Incorporated by Reference. Feb 1998
As prescribed in , insert the following clause:52.107(b)
CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
acquisition.gov [Insert one or more Internet addresses]____ ____
(End of clause)
Supplemental Clauses Incorporated by Full Text
5352.201-9101 ACC Ombudsman Oct 2019
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Deputy Director of Contracting, AFICC /KC (OL-ACC), 114 Thompson Street, Bldg 586, Room 129, Langley AFB, VA 23665, telephone (757) 764-5372 (DSN 574-5372) email: acc.
a7k1@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.
(End of clause)
5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) Oct 2019
(a) Contractors shall not:
(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or
(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.
[Note: This prohibition does not apply to manufacturing.]
(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32- 7086) are Class I ODSs:
(1) Halons: 1011, 1202, 1211, 1301, and 2402;
(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and
(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.
[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]
(End of clause)
5352.223-9001 Health and Safety on Government Installations Oct 2019
(a) In performing work under this contract on a Government installation, the contractor shall:
(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and
(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.
(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.
(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.
(End of clause)
List of Attachments
Number Attachment Name
Attachment Description Reference Identifier
Date Line Item
Attachment 1 SoW - 4 SFS UTV_ATV Fleet
Statement of Work 20 Jul
Attachment 2 - Maintenance and Parts List
Specification 20 Jul
Attachment 3 - Wage Determination
Wage Determination 20 Jul
Representations, Certification, & Other Statements
Number Title Effective Date 52.204-7 System for Award Management. Oct 2018
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7005 Representation Relating to Compensation of Former DoD Officials. Nov 2011
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
May 2021
252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022
FAR Clauses Incorporated by Full Text
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Nov
As prescribed in , insert the following provision:4.2105(a)
REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
(NOV 2021)
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 Products or Commercial Services. 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.
As used in this provision-(a) Definitions.
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain and substantial or essential component
Telecommunications and Video Surveillance Services or Equipment.
. (b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (1) 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-
Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-(i) party, such as backhaul, roaming, or interconnection arrangements; or
Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or (ii) packets that such equipment transmits or otherwise handles.
Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the (2) 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-
Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-(i) party, such as backhaul, roaming, or interconnection arrangements; or
Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or (ii) packets that such equipment transmits or otherwise handles.
The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for (c) Procedures.
entities excluded from receiving federal awards for "covered telecommunications equipment or services".
The Offeror represents that-(d) Representation.
It will, will not provide covered telecommunications equipment or services to the Government in the performance of any (1) 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
After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-(2)
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. Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the (1) representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
For covered equipment-(i)
The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, (A) and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, (B) manufacturer part number, or wholesaler number; and item description, as applicable); and
Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use (C) would be permissible under the prohibition in paragraph (b)(1) of this provision.
For covered services-(ii)
If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the (A) item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the (B) 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.
Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in (2) paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
For covered equipment-(i)
The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, (A) and whether the entity was the OEM or a distributor, if known);
A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, (B) manufacturer part number, or wholesaler number; and item description, as applicable); and
Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use (C) would be permissible under the prohibition in paragraph (b)(2) of this provision.
For covered services-(ii)
If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the (A) item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered (B) 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)
52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. May 2022
As prescribed in , insert the following provision:12.301(b)(2)
OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)
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.
. As used in this provision-(a) Definitions
"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.
means a small business concern that is at least 51 percent Economically disadvantaged women-owned small business (EDWOSB) concern 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 . It automatically qualifies as a women-13 CFR part 127 owned small business eligible under the WOSB Program.
means all work or service-Forced or indentured child labor
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 (1) offer himself voluntarily; or
Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or (2) penalties.
means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that Highest-level owner control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited Immediate owner 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.
, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. Inverted domestic corporation 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
means any end product in product and service codes (PSCs) 1000-9999, except-Manufactured end product
PSC 5510, Lumber and Related Basic Wood Materials;(1)
Product or Service Group (PSG) 87, Agricultural Supplies;(2)
PSG 88, Live Animals;(3)
PSG 89, Subsistence;(4)
PSC 9410, Crude Grades of Plant Materials;(5)
PSC 9430, Miscellaneous Crude Animal Products, Inedible;(6)
PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;(7)
PSC 9610, Ores;(8)
PSC 9620, Minerals, Natural and Synthetic; and(9)
PSC 9630, Additive Metal Materials.(10) means the place where an end product is assembled out of components, or otherwise made or processed from raw Place of manufacture 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.
means an entity that is replaced by a successor and includes any predecessors of the predecessor.Predecessor has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Reasonable inquiry Surveillance Services or Equipment.
means business operations in Sudan that include power production activities, mineral extraction activities, oil-Restricted business operations 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-
Are conducted under contract directly and exclusively with the regional government of southern Sudan;(1)
Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are (2) expressly exempted under Federal law from the requirement to be conducted under such authorization;
Consist of providing goods or services to marginalized populations of Sudan;(3)
Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;(4)
Consist of providing goods or services that are used only to promote health or education; or(5)
Have been voluntarily suspended."Sensitive technology"-(6)
-Sensitive technology
Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-(1)
To restrict the free flow of unbiased information in Iran; or(i)
To disrupt, monitor, or otherwise restrict speech of the people of Iran; and(ii)
Does not include information or informational materials the export of which the President does not have the authority to regulate or (2) 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
Means a small business concern-(1)
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, (i) not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a (ii) service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
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.(2) 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 (1) bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the (2) Affiliates 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.
, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to Small disadvantaged business concern the acquisition, that-
Is at least 51 percent unconditionally and directly owned (as defined at ) by-(1) 13 CFR 124.105
One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at ) (i) 13 CFR 124.104 individuals who are citizens of the United States; and
Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable (ii) exclusions set forth at 13 CFR124.104(c)(2); and
The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the (2) criteria in paragraphs (1)(i) and (ii) of this definition.
means an entity in which more than 50 percent of the entity is owned-Subsidiary
Directly by a parent corporation; or(1)
Through another subsidiary of a parent corporation(2) means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new Successor 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.
means a small business concern-Veteran-owned small business concern
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 (1) owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
The management and daily business operations of which are controlled by one or more veterans.(2) means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly Women-owned business concern owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women means a small business concern-Women-owned small business concern
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 (1) of which is owned by one or more women; and
Whose management and daily business operations are controlled by one or more women.(2)
(in accordance with 13 CFR part 127), means a small Women-owned small business (WOSB) concern eligible under the WOSB Program 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.
(b) . Any changes provided by the Offeror in paragraph (b)(2) of this provision do not (1) Annual Representations and Certifications automatically change the representations and certifications in SAM.
The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. (2) After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .____
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and ]certifications posted electronically on SAM.
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
. The offeror represents as part of its offer that it is, is not a small business concern.(1) 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)
.] The offeror represents as part of its offer that it is, is not a veteran-owned small business concern.of this provision
. [(3) Service-disabled veteran-owned small business concern Complete only if the offeror represented itself as a veteran-owned small
.] The offeror represents as part of its offer that it is, is not a service-disabled veteran-business concern in paragraph (c)(2) of this provision 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)
.] The offeror represents, that it is, is not a small disadvantaged business concern as defined in 13 CFR124.1002.of this provision
. [(5) Women-owned small business concern Complete only if the offeror represented itself as a small business concern in paragraph (c)(1)
.] The offeror represents that it is, is not a women-owned small business concern.of this provision
WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business (6) concern in paragraph (c)(5) of this provision.] The offeror represents that-
It is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB (i) Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
It is, is not a joint venture that complies with the requirements of , and the representation in paragraph (c)(6)(ii) 13 CFR part 127
(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.
Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a (7) WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-
It is, is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in (i) circumstances or adverse decisions have been issued that affects its eligibility; and
It is, is not a joint venture that complies with the requirements of , and the representation in paragraph (c)(7)(ii) 13 CFR part 127
(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
.] Each EDWOSB concern participating in the joint EDWOSB concern and other small businesses that are participating in the joint venture: ____ venture shall submit a separate signed copy of the EDWOSB representation.
Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.Note:
). [(8) Women-owned business concern (other than small business concern Complete only if the offeror is a women-owned business concern
.] The offeror represents that it is a women-owned and did not represent itself as a small business concern in paragraph (c)(1) of this provision business concern.
. If this is an invitation for bid, small business offerors may identify the labor surplus (9) Tie bid priority for labor surplus area concerns 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 .] The offeror represents, as part of its offer, that-this provision
It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone (i) 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 ; and13 CFR Part 126
It is, is not a HUBZone joint venture that complies with the requirements of , and the representation in (ii) 13 CFR Part 126 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.
Representations required to implement provisions of Executive Order11246- (d) Previous contracts and compliance. The offeror represents (1) that-
It has, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and(i)
It has, has not filed all required compliance reports.(ii)
. The offeror represents that-(2) Affirmative Action Compliance
It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action (i) programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of (ii) the Secretary of Labor.
. (Applies only if the (e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352) 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.
. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is (f) Buy American Certificate 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.(i)
The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic (ii) end products.
The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this (iii) solicitation entitled "Buy American-Supplies."
Foreign End Products:(2)
Line Item No. Country of Origin
[ ]List as necessary
The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.(3)
(g) . (Applies only if the clause at FAR 52.225-3, Buy American-Free (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate
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 (iii) of this provision, is a domestic end (A) product.
The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," (B) "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."
The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, (ii) 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
The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as (iii) defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
Other Foreign End Products:
Line Item No. Country of Origin
[List as necessary]
The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.(iv)
. If Alternate I to the clause at FAR 52.225-3 is included (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
[ ]List as necessary
. If Alternate II to the clause at FAR 52.225-3 is (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian or Israeli End Products:
[ ]List as necessary
. If Alternate III to the clause at 52.225-3 is included in (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American- Free Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
[ ]List as necessary
. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)(5) Trade Agreements Certificate
The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated (i) country end product, as defined in the clause of this solicitation entitled "Trade Agreements."
The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.(ii)
Other End Products:
[ ]List as necessary
The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the (iii) WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
). (Applies only if the contract value is expected to exceed the (h) Certification Regarding Responsibility Matters (Executive Order 12689 simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-
Are, are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any (1) Federal agency;
Have, have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them (2) for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local…
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