TAB 27 - RFQ SP4701-20-Q-0015 (FY20 Market Research Report).pdf

COMBINED SYNOPSIS/SOLICITATION

REQUEST FOR QUOTATION

SP4701-20-Q-0015

FY20 Market Research Reports

(1) Action Code: N/A

(2) Date: February 04, 2020

(3) Year: 2020

(4) Contracting Office Zip Code: 19111

(5) Product or Service Code: R408

(6) Contracting Office Address:

DLA Contracting Services Office Philadelphia 700 Robbins Avenue, Building # 26/2, North Side Station 26N-9368 Philadelphia, PA 19111

(7) Subject: RFQ for Industrial Base Extension (IBex) Program FY20 Market Research Report

(8) Proposed Solicitation Number: SP4701-20-Q-0015

(9) Closing Response Date: February 20, 2020 at 12:00 pm ET

(10) Contracting Officer: Donald Hinkson, donald.hinkson@dla.mil, 215-737-4337

(11) Contract Award: NA

(12) Contract Award Dollar Amount: NA

(13) Contract Line Item Number: NA

(14) Contract Award Date: NA

(15) Contractor: NA

(16) Description: See below

(17) Place of Contract Performance: Contractor’s Facility

(18) Set-aside Status: Unrestricted

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with mailto:donald.hinkson@dla.mil additional information included in this notice. This announcement constitutes the only solicitation as quotations are being requested.

(ii) Solicitation Number: SP4701-20-Q-0015. The solicitation is issued as a Request for Quotation (RFQ).

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96.

(iv) The North American Industrial Classification System (NAICS) code for this acquisition is 541690.

(v) The provision at FAR 52.212-1 Instructions to Offerors – Commercial Items applies to this acquisition.

(vi) The offeror shall respond to the provision at FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, as required.

(vii) The clause at FAR 52.212-4 Contract Terms and Conditions – Commercial Items applies to this acquisition.

(viii) BASIS FOR AWARD: Award shall be made to a responsible business whose quotations represents the technically acceptable lowest price in accordance with

FAR 13.106-2.

(ix) Schedule of Items/Performance Work Statement:

SECTION 1: REQUEST FOR QUOTATION (RFQ)

1.1 CONTRACT TYPE

In accordance with FAR 52.216-1, a firm-fixed priced (FFP) contract will be awarded as a result from this Request for Quotation.

1.2 AWARD

1.2.1 Award without Discussions

The Government intends to evaluate proposals and make an award without discussions. The Government reserves the right to conduct discussions, if necessary. T h e r e f o r e , Vendors are encouraged to submit their “best proposal” in response to this solicitation.

1.2.2 No Award

The Government reserves the right not to make an award as a result of this RFQ if such award is determined contrary to the best interest of the Government.

1.3 PROPOSAL PREPARATION COSTS

The Government shall not be responsible or liable for any costs incurred by any parties in the preparation and submission of any technical proposal or price quote in response to this RFQ.

1.4 PROPOSAL SUBMISSION INSTRUCTIONS

All quotes shall be submitted to the following email address: donald.hinkson@dla.mil

All quotes must be submitted on or before the time listed in block 8 of the SF1449.

Quotations are due no later than 12:00pm Eastern Time, February 20, 2020.

The Government will process late submissions in accordance with FAR 52.212-1(f), Instructions to Offerors – Commercial (Oct 2018)

1.5 INVOICE INSTRUCTIONS

The invoice shall comply with the requirements identified below:

The Government intends invoicing to be done electronically in accordance with DFARS clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. The Government will utilize the Department of Defense Wide Area Workflow (WAWF) Receipt and Acceptance (RA) System to accept supplies/services delivered under this task order. This web-based system is located at https://wawf.eb.mil and provides technology for DOD vendors and authorized DOD personnel to generate, capture, and process receipt and payment related documentation in a paperless environment. Invoices for supplies/services rendered under this blanket purchase agreement shall be submitted electronically through

WAWF.

The requirements for invoicing are subject to FAR 52.232-25 Prompt Payment.

Invoices for goods received or services rendered under this Task Order(s) shall be submitted electronically through WAWF. Hard copy invoices cannot be accepted.

The vendor’s failure to include the necessary information will result in invoices being rejected. Back up documentation can be included and attached to the invoice in WAWF. Attachments created in any Microsoft Office product are attachable to the invoice in WAWF. The Maximum size limit of each attachment is 2 Megabytes (MB). Total size limit for all files is 5MB.

mailto:donald.hinkson@dla.mil

The vendor is required to utilize the system when processing invoices and receiving reports under this contract/order. Unless the provisions at DFARS 252.232-7003(c) applies, the vendor shall (1) ensure an Electronic Business Point of contact is designated in the System for Award Management (SAM) at https://www.sam.gov and (II) register to use WAWF-RA at the https://wawf.eb.mil site within ten (10) calendar days after award on this contract/order or modification. Step by step procedures to register are available at the https://wawf.eb.mil site.

The vendor will submit invoices and performance reports as required by the PWS electronically in accordance with the requirements specified for WAWF. All invoices will clearly identify the period of performance. In addition, travel invoices are to be sent directly to the COR for review and approval. The approval of invoices will be based on the performance standards included in the requirements of the PWS. All discrepancies from Task Order requirements will be highlighted and raised to the attention of the Contracting Officer within 15 business days from date of submission to the COR.

The COR will approve invoices which demonstrate that the vendor has met the deliverables for the period. The vendor is directed to use the “Invoice/RR COMBO” format when processing invoices and receiving reports.

For those vendors who are unfamiliar with WAWF, contents for this information can be located on the Defense Finance and Accounting Services (DFAS) Website at:

http://www.dfas.mil/Contractororpay/electron iccommerc/ETToolBox.html http://www.dfas.mil/contractorpay/electroni ccommerc/ETToolBox.html

After clicking the “submit” button, a Notice of Successful/Unsuccessful Submission will appear. This screen contains a “Send More E-Mail Notifications” button. Click on this button and add the email addresses for the COR, and others as desired.

Notification shall be provided for each invoice submitted.

In some situations, the WAWF-RA system will pre-populate the “Issue By DoDAAC,” “Admin By DoDAAC,” and “Pay DoDAAC.” Vendors shall verify those DoDAACs automatically entered by the WAWF-RA system match the above information. If these DODAACs do not match, then the vendor shall correct the field(s) and notify the Contracting officer of the discrepancy (ies). On the vendor Interface page click on “WAWF-RA” header at the top of the page. Under downloads on the WAWF-RA page that appears, click the appropriate documents:

“Invoice”, “Receiving Report (RR)”, “Invoice/RR Combo”, “2-in-1,” or “Cost Voucher” to download the instructions.

http://www.sam.gov/ http://www.dfas.mil/Contractororpay/electroniccommerc/ETToolBox.html http://www.dfas.mil/Contractororpay/electroniccommerc/ETToolBox.html http://www.dfas.mil/contractorpay/electroniccommerc/ETToolBox.html http://www.dfas.mil/contractorpay/electroniccommerc/ETToolBox.html

Note to Vendor:

Before closing out an invoice session in WAWF-RA, but after submitting the document(s), the vendor will be prompted to send additional email notifications.

Vendors shall click on “Send More Email Notification” on the page that appears.

Add the acceptor’s/receiver’s email address (Note this address is their work address and not their WAWF-RA organizational email address) in the first email address block and add any other additional email addresses desired in the following blocks.

This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice document(s) have been submitted into the WAWF-RA system.

The POC’s identified above are for WAWF-RA issues only. Any other contracting questions/problems should be addressed to the Contracting Officer or other person identified in the contract/order to whom questions are to be addressed.

WAWF Tools and Help

(a) The vendor may have their CAGE code activated (required only first time) in WAWF by calling 866-618-5988. Once activated, the vendor should self-register at the web site https://wawf.eb.mil <https://wawf.eb.mil> .

(b) Vendor training is available at: http://www.wawftraining.com <http://www.wawftraining.com> . Additional support can be obtained by calling the DISA Ogden Help Desk at 1-866-618-5988 or e-mailing to cscassig@ogden.disa.mil <mailto:cscassig@ogden.disa.mil> .

(c) WAWF Vendor “Quick Reference” Guides are located at:

https://acquisition.navy.mil/rda/home/acquisition_ one_source/ebusiness/don_ebusiness_solutions/wawf_overview/vendor_information https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness _solutions/wawf_overvi ew/vendor_information

Payment information can be accessed from the Defense Finance and Accounting Service (DFAS) website at http://www.dfas.mil. The contract/order number and invoice number is required when inquiring about the status of a payment. Questions concerning payment should be directed to the DFAS at 1-800-756-4571.

1.6 SOURCE SELECTION INFORMATION

In accordance with FAR 3.104-4, it is required by your company to mark all material that may be source selection information as described at paragraph (10) of the “source selection information” definition in FAR 2.101, to include the cover page and each page that may contain source selection information with the legend “Source Selection Information – See FAR 2.101 and 3.104”. Although the information in paragraphs (1) through (9) of the http://www.wawftraining.com/ http://www.wawftraining.com/ mailto:cscassig@ogden.disa.mil mailto:cscassig@ogden.disa.mil https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wawf_overvi%20ew/vendor_information https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wawf_overvi%20ew/vendor_information http://www.dfas.mil/ definition in 2.101 is considered to be source selection information whether or not marked, all reasonable efforts must be made to mark such material with the same legend. If you are unsure if particular information is source selection information as defined in FAR 2.101, consult your Office of Counsel.

1.7 QUOTATION FORMAT

The vendor shall submit pricing in the following format:

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT PRICE AMOUNT

• 0001 Egypt Market 1 each $ $ Research Report

• 0002 Iran Market 1 each $ $

• 0003 Iraq Market 1 each $ $

• 0004 Israel Market 1 each $ $

• 0005 Lebanon Market 1 each $ $

• 0006 Syria Market 1 each $ $

SECTION 2: PERFORMANCE WORK STATEMENT (PWS)

2.1 BACKGROUND

To enhance industrial preparedness, government planners require a clear understanding of global logistics networks and issues related to cultures, customs, infrastructure, supply constraints, and logistical nuances unique to a particular country or region. This knowledge allows the Government to identify and adjust to supply chain problems in order to take appropriate corrective actions.

IBex was developed as an Industrial Preparedness Measure (IPM) in order to gain global commercial asset visibility to support US Military operations and natural disasters, and to gain access to these commercial capabilities if required. As DLA’s mission is to respond quickly to worldwide events, IBex was formed to enhance strategic partnerships with industry experts, to allow government planners to leverage the expertise of the commercial sector. Current requirement is to purchase the following Market Research Reports.

• Egypt

• Iran

• Iraq

• Israel

• Jordan

• Lebanon

• Syria

2.2 Objectives, Roles, and Responsibilities The IBex Program objectives are to:

• Purchase information on global logistical capabilities for commercial commodity assets, facilities, equipment, and personnel

• Improve the ability of global commercial sectors to respond to the mobilization needs of the U.S. Government in the event of a surge situation

• Reduce the overall costs to the government involved in planning and maintaining visibility over commercial global logistical assets

• Maintain industrial base vigilance over assets that can be utilized during a contingency or national emergency.

The IBex Program Manager has direct responsibility for program budget and management decisions. The IBex Program is funded and managed separate from other DLA contracts or agreements under the DLA Warstopper Program.

2.3 REPORT CONTENTS

• Sources of Supplies o Provide local or regional sources of supply for the following categories:

Class 1 (bottled water, food, food preparation, and food services) Class 2 (clothing, textiles, and cots) Class 3 (to include petroleum providers and fuel truck availability) Class 4 (construction equipment, to include lumber, plywood, sandbags, gravel/sand, concertina wire, barbed wire, cement/concrete, matting, fence posts, heavy equipment, and HVAC parts)

Class 8 (medical supplies and pharmaceutical/medical/surgical firms) Class 9 (industrial hardware and spare parts) Base Camp Services (laundry, temporary lodging, power generation, showers, latrines, internet providers, telecommunications, mail distribution, rodent/pest control, and facility maintenance)

Vertical construction companies

Power generation options (to include 800KW+ Power Generation (lease or lease with maintenance), 5-20KW power generators (lease or lease with maintenance), and HVAC providers) o For the above classes of supply, please include a response to the following:

Describe unique issues and challenges for this category Certification level of supply sources (if any) Local/regional production capability, including local/regional surge capability and the length of time the surge can be sustained Regional/local inventory posture

• Transportation Arrangements and Custom Protocol o Describe transportation arrangements and experience with custom requirements/documentation needed to transport and deliver materials throughout the world from the particular country/area, including:

Provide average number of days to ship (by sea and/or air) from US to relevant locations in country List ports/rail/roads/airports most frequently used

• List stevedore companies, to include number of cranes of each company

• Provide port depth of most frequently used ports

• Provide any weight and height restrictions for major ports/rail/roads/airports Discuss SOFA and VISA requirements/agreements List long and short haul trucking companies and provide POC information

• Provide number of vehicles in fleet, detailing fleet information such as truck lengths, heights, if the vehicles are enclosed or open, capacity of trucks, etc.

• State if the vendor is willing to work with the US Government and if it has the capability to accept electronic payments

• Determine overall local/regional production capability, including local/regional surge capability and the length of time the surge can be sustained

• Describe unique issues and challenges of the trucking industry in this country

Provide information on major river-ways, bridges, and ferries Describe aviation services available, to include:

• Fixed/Rotary Wing

• Airfield operations

• Crash, Fire, and Rescue options

• Storage Facilities, Distribution, and Material Handling Specifics o Provide storage facilities sources, distribution, and material handling specifics, such as:

Local/regional warehousing square footage available, refrigeration/product segregation capability, and the number of facilities available in the country/region for dry, cold, frozen, and hazardous waste

Warehouse location information

• Access to material handling equipment in country, such as refrigeration units and forklifts Access to 20-foot and/or 40-foot containers to include owned, leased, or third part arrangements Waste removal services, to include spent batteries and used POLs;

also, waste removal requirements, guidelines, and regulations per country/region

• Miscellaneous Services o Provide details on the following services available in the country:

Translation and interpreter services Availability of natural resources/materials (such as minerals, timber, concrete, gravel, sand, etc.)

Security firms Food laboratories (specifically companies able to provide food safety testing) Non-tactical vehicles (rentals or for purchase)

• Passenger Cars

• Passenger SUVs

• Buses

• Passenger Vans

• Line Haul Services

Health Services

• Provide information on hospitals in country, to include bed count and available services

• Casualty evacuation operators

• Personal recovery operators

Communication Providers, to include sellers of computers, cell phones, and sim cards

A minimum of five vendors should be provided for each supply or service category.

The following counties are included in this request:

• Egypt

• Iran

• Iraq

• Israel

• Jordan

• Lebanon

• Syria

2.4 Confidentiality

The government will handle with discretion and care all information submitted while complying with laws that under certain conditions may require disclosure of some government records. To assure the maximum confidentiality that the law permits, the contractor should mark all documents “CONFIDENTIAL BUSINESS AND PROPRIETARY INFORMATION”. Unless otherwise stated, information provided by vendors will be available throughout the DOD community.

2.5 Test and Verification

The government reserves the right to verify the contractor’s Market Research capability reports. The government may verify the information provided either on the geographical parameters within the report or a new region or country within the company’s global presence. Verification may include any methodology than can validate the contractor’s capability. Testing will require the contractor to permit government personnel access to records, systems data, and facilities in order to verify information. Access will only be needed during normal business hours, though may also be performed in conjunction with actual military exercises.

Examples of verification methods are as follows:

The contractor will be required to participate and assist the government in verifying information by an online or paper test. The test will be accompanied by an on-site visit to the contractor’s facility or an electronic request on short notice. The contractor will be presented with a random list of logistics supplies or services for a particular geographic area. The contractor will then be requested to demonstrate the ability to provide the supplies or services on the list. The purpose is to verify the accuracy of the contractor’s Macro and Micro Capability and to demonstrate the contractor’s ability to meet the government’s requirements in the shortest time frame possible. The government may test the system(s) no more than once per year.

The Government reserves the right to make written, telephonic, or electronic requests for information on supplies and services on any area or commodity at any time if the vendor has provided information on that country or region. The Government will consider these requests part of the verification process.

2.6 DELIVERY SCHEDULE

All reports will be forwarded to the IBex Program Manager in Adobe PDF format.

Reports will be completed and sent to the IBex PM within 60 days of award. If a vendor wins more than one report, then the additional report(s) are due 30 days after the first report.

The IBex Program Manager is:

Carolyn Shivers DLA Troop Support 700 Robbins Ave Philadelphia, PA 19111 215.737.2038 carolyn.shivers@dla.mil

2.7 MULTIPLE AWARDS:

At the Government’s discretion, multiple awards from this Request for Quotation (RFQ) may be made.

2.8 BASIS FOR AWARD:

Quotations will be evaluated in accordance with FAR 13.106-2. Vendors will submit pricing for each individual report and a description of their capabilities. Technical acceptability will be determined based on:

a. The vendor accepting the terms and conditions of the RFQ

b. Description of how the vendor will gather the information required by the reports

c. The vendor’s country/regional posture. The vendor shall describe the presence, including offices and representatives, it has in the countries/regions listed in the Statement of Work.

d. The past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. Past Performance shall be used as an evaluation factor and will include the vendor’s history of providing market research reports for similar tasks requiring the same type information as described in the PWS; and the level of success at which the vendor performed on previous contracts.

There are three aspects to the past performance evaluation: recency, relevancy (including context of data), and quality (including general trends in contractor performance and source of information).

In addition, past performance will be rated on an “acceptable” or “unacceptable” basis using the ratings below:

mailto:carolyn.shivers@dla.mil

Adjectival Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

The vendor may provide past performance information using their own template. The government will review past performance information in the Past Performance Information Retrieval System (PPIRS) and/or Federal Awardee Performance and Integrity Information System (FAPIIS). In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

SECTION 3: CLAUSES

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items.

(DEC 2019)

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.

https://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_252523041

“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.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.“Sensitive technology”—

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i)To restrict the free flow of unbiased information in Iran; or

(ii)To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled 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” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1)Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and

(ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

“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 applicable to the NAICS code referenced for this solicitation), at the time this offer http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 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-https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

(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.

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements–Israeli Trade Act.”

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446

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

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

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(2) 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

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 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053648 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 embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3)□ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4)□ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.