Solicitation - FA489721R0004.pdf

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

FA489721R0004

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Rangeland Maintenance Services (RMS).

Non-Personal Services. (FFP/IDIQ). The contractor shall provide all personnel, labor, supervision, management, supplies, tools, equipment, parts, materials, transportation, shipping & delivery, and all other items and services necessary to perform vegetation control, post-wildland fire site preparation, to include seeding, herbicide application, and mowing services at Mountain Home AFB (MHAFB), Range Complexes. All work shall be accomplished in accordance with this Performance Work Statement (PWS), specifications, all applicable federal, state, local laws, regulations, and commercial practices. The contractor shall also ensure all work is performed in accordance with the approval of the MHAFB Entomologist, Bureau of Land Management (BLM), and applicable Idaho State laws as required.

The Contractor shall perform all services (Ordered on an "as-needed" basis) that are listed in the attached price list based on the established and agreed upon price per item.

The amount billed for the services in the aforementioned listed items will be invoiced under this line item. BASE YEAR.

Program Code: S1 Firm Fixed Price

Lot

Description/Specifications/Statement of Work

Requirements Rangeland Maintenance Services (RMS)

Packaging and Marking

Inspection and Acceptance

0001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F3F3CE Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

366 CES CERF

AF BPN NO MILSBILLS PROCESSES

1010 LIBERATOR ST

MOUNTAIN HOME

AFB, ID 83648 5442

UNITED STATES

OfficeCode:

Hodge Echeverria Email: hodge.echeverria@us.af.mil Telephone: 208-828-1784

Deliveries or Performance

Contractor Destination

Delivery Schedule Ship To Address

Place of Performance DoDAAC: F3F3CE Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

366 CES CERF

AF BPN NO MILSBILLS PROCESSES

1010 LIBERATOR ST

MOUNTAIN HOME AFB, ID 83648 5442

UNITED STATES

OfficeCode:

Hodge Echeverria Email: hodge.echeverria@us.af.mil Telephone: 208-828-1784

Period of Performance From

27 SEP 2021

To

26 SEP 2022

Contract Administration Data

Special Contract Requirements

Contract Clauses

CLASUES INCORPORATED BY REFERENCE

52.202-1 Definitions (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.204-7 Provision System for Award Management (Oct 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-20 Provision Predecessor of Offeror (Aug 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.212-1 Provision Instructions to Offerors-Commercial Items (Jul 2021) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.223-1 Provision Biobased Product Certification (May 2012) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021) 52.223-4 Recovered Material Certification (May 2008) 52.223-5 (Alt I) Pollution Prevention and Right-to-Know Information (May 2011) 52.223-10 Waste Reduction Program (May 2011) 52.223-19 Compliance with Environmental Management Systems (May 2011) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-13 Bankruptcy (July 1995)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF (SEP 2011)

FORMER DOD OFFICIALS

252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013) 252.203-7005 Provision REPRESENTATION RELATING TO COMPENSATION OF (NOV 2011)

FORMER DOD OFFICIALS

252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.204-7008 Provision Compliance with Safeguarding Covered Defense Information (OCT 2016) Controls 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor (OCT 2016) Reported Cyber Incident Information 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident (DEC 2019) Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) 252.204-7016 Covered Defense Telecommunications Equipment or Services (DEC 2019) --Representation 252.204-7017 Provision Prohibition on the Acquisition of Covered Defense (MAY 2021) Telecommunications Equipment or Services--Representation 252.204-7018 Prohibition on the Acquisition of Covered Defense (JAN 2021) Telecommunications Equipment or Services 252.204-7019 Provision Notice of NIST SP 800-171 DoD Assessment Requirements (NOV 2020)

252.204-7020 NIST SP 800-171 DoD Assessment Requirements (NOV 2020) 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the (MAY 2019) Government of a Country that is a State Sponsor of Terrorism 252.211-7003 Item Unique Identification and Valuation (MAR 2016) 252.213-7000 Provision Notice to Prospective Suppliers on Use of Supplier (SEP 2019) Performance Risk System in Past Performance Evaluations 252.215-7007 Notice of Intent to Resolicit (JUN 2012) 252.215-7008 Provision Only One Offer (JUL 2019) 252.223-7001 Hazard Warning Labels (DEC 1991) 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous (SEP 2014) Materials 252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013) 252.225-7001 Buy American and Balance of Payments Program (DEC 2017) 252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2017) 252.225-7012 Preference for Certain Domestic Commodities (DEC 2017) 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and (Oct 2020) Tungsten 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic (APR 2019) Enterprises, and Native Hawaiian Small Business Concerns 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013) 252.243-7001 Pricing of Contract Modifications (DEC 1991) 252.243-7002 Requests for Equitable Adjustment (DEC 2012) 252.244-7000 Subcontracts for Commercial Items (JAN 2021) 252.247-7022 Provision Representation of Extent of Transportation by Sea (JUN 2019) 52.247-7023 Transportation of Supplies by Sea (FEB 2019)

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror has does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUL 2021) ADDENDA

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY

REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY

REFERENCE.

Addendum to 52.212-1(c) PERIOD FOR ACCEPTANCE OF OFFERS

The paragraph is tailored as follows: "The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers."

Addendum to 52.212-1 PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

The response shall consist of two (2) separate parts: Part I - Price Proposal, Part II - Past Performance Information.

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, 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 and certification under FAR 15.406-2 will not be required. However, if at any time during this competition, the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information other than cost or pricing data to support a determination of price reasonableness.

C. Specific Instructions:

1. Part I - Price Proposal. Submit one (1) original copy.

(a) Complete blocks 12, 17a, and 30a, b, and c of the SF 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION, with attachments. The SOLICITATION constitutes the model\ contract. Offeror(s) shall also include a signed copy of any Amendments issued (as applicable).

(b) Complete Attachment 2, Price List. Enter the unit price for each item listed in Attachment 2, Price List. By inserting the proposed unit price, the spreadsheet will automatically calculate the annual price per unit along with the total annual price. (Offerors are still responsible for ensuring correct input of pricing information). For Price List Line Items X008 and X009, Leave Blank. These Line Items are Not To Exceed (NTE) amounts that will be funded by the government based on estimated workloads. For Price List Line Item 1, insert the total quantity of initial employees who will complete the mandatory training indicated in the PWS para 1.4., and the unit price.

The government shall reimburse the contractor for time to complete the initial required training.

(c) Offerors are not required to annotate pricing on the SF 1449, Bid Schedule/contract CLINs. The government will enter pricing information reflected in the Price List during contract award.

(d) Complete the necessary fill-ins and certifications in provisions. This may be completed using the System for Award Management (SAM) located at https://www.sam.gov/. If SAM is not used, then the following provisions shall be returned along with the proposal:

(i) FAR 52.212-3 Alt I, Offeror Representations, and Certifications - Commercial Items

(ii) FAR 52.209-7, Information Regarding Responsibility Matters

2. Part II - Present and Past Performance Information. Only references for same or similar type contracts are desired. Submit one (1) original copy.

(a) Past/Present Performance Information. Offerors shall include in their Proposal, a list of up to / no more than three (3) Past/Present performance contracts or requirements performed within the last 5 years (from the date of this solicitation). Each proposal shall include (as applicable): the contract number, Name/Description of the requirement, the date(s) / period of performance, dollar value(s), a brief description as to the scope of work performed or outline the tasks/duties performed. All applicable contact information to a relevant Contracting Officer, Procurement Office, Inspector, or Customer Representative to include Name(s), Phone Number, Email, and/or address. Offerors may include copies of CPARS, or performance evaluations for each submitted project.

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.

(b) Past Performance Surveys: It is the offeror's responsibility to provide sufficient contact information for each reference. The Government will conduct a good faith effort to follow-up and contact each reference in order to obtain performance information. The Government will contact each reference to conduct interviews regarding the size, scope, magnitude, and quality of services received/performed.

Addendum to 52.212-1 INFORMATION REGARDING SUBMISSION OF PROPOSAL The following methods and formats of proposals are authorized:

1. Email copy/submission of proposals. Emailed proposals shall be sent to TSgt Daniel Parks at daniel.parks.2@us.af.mil. All Offerors are fully responsible for ensuring all emails, attachments, and content are delivered and received. A confirmation email will be sent back to the Offeror when the proposal is received. The government is not responsible for undeliverable emails due to messages being blocked, undeliverable, or restricted due to size and content of files or attachments. Emailed submission of proposals will be limited to no more than three (3) separate emails. Each email shall include the following:

(a) Subject Line: Offeror's Name, Solicitation Number: "FA462121R0004", PROPOSAL and any other appropriate Marking. (example: YOUR COMPANY NAME "FA462121R0004" PROPOSAL, Email 1 - Part 1, 2, etc.)

(b) No password-protected, zipped, or self-extracting files shall be used.

(c) The email shall not contain any malicious code.

(d) The email used to submit proposals must show the time and date sent.

(e) Content of Email: Offerors are encouraged to keep email content brief and clear. Include the Offeror Name, address, phone number, a description/list of attachments. Offerors are also encouraged to indicate their last/final email and include how many total emails were used to submit the proposal.

(f) Attachments: Offerors are encouraged to apply a consistent and standard naming convention to files/email attachments, whether organized by Part # (Listed in Paragraph C, Instructions above), numbering 1, 2, 3, etc., and a brief name/description of the file content such as "Solicitation", "Price Proposal", "Past Performance", etc.

PROPOSALS SENT VIA EMAIL THAT ARE UNDELIVERABLE, BLOCKED, OR NOT FULLY

RECEIVED BY THE GOVERNMENT (i.e., missing attachments/required proposal information, or if multiple emails are used- some emails were not received), BY THE PROPOSAL DUE DATE AND TIME SHALL NOT

BE CONSIDERED.

Late proposals will be processed in accordance with FAR 52.212-1(f), Late submission, modifications, revisions, and withdrawals of offers.

(End of addendum)

52.212-2 Evaluation-Commercial Items (Oct 2014)

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

The following factors shall be used to evaluate offers:

Lowest Price Technically Acceptable (LPTA) Based on:

(1) PRICE

(2) PAST PERFORMANCE

Past performance will be evaluated on a pass/fail basis. This is a one-year contract/ordering period. There are no option years.

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

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

(End of provision)

52.212-2 ADDENDUM Evaluation--Commercial Items (OCT 2014)

BASIS FOR CONTRACT AWARD: Award will be based upon a "best value" decision using Lowest Price Technically Acceptable (LPTA) based on an evaluation of price and past performance (rated on a pass/fail basis). By submission of its offer in accordance with the instructions provided in clause 52.212-1, Instructions to Offerors, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices, technical proposal, and performance records. The evaluation process shall proceed as follows:

STEP 1: ORDERING OF PROPOSALS. Initially, all proposals received (No Later Than the Due date and Time indicated on the solicitation), will be ordered from Lowest Price to Highest Price. Evaluations will start in order, with the Lowest Price Offer to the Highest Price Offer.

An offeror's proposed prices will be determined by multiplying the quantities identified in the Price List by the proposed unit price for each Contract Line Item Number (CLIN) to confirm the extended amount for each.

Proposals will be evaluated in order, starting with the lowest price proposal.

STEP 2: PRICE EVALUATION. Starting with the lowest price proposal. The offeror will be evaluated for completeness, reasonableness, and balance of the proposed evaluated price. If found to be acceptable, the Government will conduct the Past Performance Evaluation.

STEP 3: PAST PERFORMANCE EVALUATION. The Government will evaluate the Offeror's Performance Information Submitted/Included in the Proposal (No more than three 3 Past/Present Projects within the last 5 years). The Government shall use submitted Performance Information based on the projects submitted and References/Point of Contact for each project. The government may use available Past Performance Information located in Government Databases such as, but not limited to CPARS/FAPIIS. The government will make a reasonable effort to contact references provided on past/present performance of projects/contract requirements submitted in this proposal. Past Performance evaluations shall take place in order as follows:

Each Past/Present Performance project submitted will be evaluated to make sure it is recent (within the last 5 years) and relevant to this solicitation requirement. The government will evaluate the size, scope, complexity, and magnitude of each project. Offerors are encouraged to submit up to three (3) projects/requirements that meet or exceed the requirements of this solicitation based on the attached Performance Work Statement (PWS). Past Performance evaluations will be rated on a pass or fail basis as to whether or not the government has confidence an offeror can perform the requirements/work/tasks outlined in this requirement.

STEP 4: EVALUATION AND AWARD PROCESS. If the lowest priced evaluated offer is judged to have a passing past performance rating, that offer represents the best value for the Government and the evaluation process shall STOP. Award shall be made to that offeror without further consideration of any other offers. No other Proposals will be evaluated.

If the lowest priced offeror is not judged to have a "Fail" for past performance assessment, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have a "Passing" past performance assessment or until all offerors are evaluated. If no offerors receive a "Passing" performance evaluation, the Government may request clarifications or open discussions to clarify, allow response to negative past performance, or request additional past performance for consideration in order to make a reasonable assessment.

The Government reserves the right to award a contract to other than the lowest priced offer, if that offeror is judged to have a "passing" performance rating.

Offerors are cautioned to submit sufficient information and in the format specified in FAR 52.212-1, Instruction to Offerors - Commercial Items. Offerors may be asked to clarify certain aspects of their proposal (for example, the relevance of performance information) or respond to adverse performance information to which the offeror has not previously had an opportunity to respond. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

The Government reserves the right to award a contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

(End of addendum)

52.212-3 Offeror Representations and Certifications-Commercial Items (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) amount to more than 50 percent of the contract price:

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

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

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

(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance. The offeror represents that-

(i) It has, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It has, has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C.

1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

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

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

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

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

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

Line Item No. Country of Origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)

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

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Line Item No. Country of Origin

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.

S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-

(1) Are, are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) Have, have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of…