FedBizOps_Draft_RFP.pdf

DRAFT

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REQUEST FOR PROPOSALS

TAX-FREE FUEL CARD - ITALY

SOLICITATION NO. SPE600-16-R-0225

SECTION ONE – INSTRUCTIONS TO PROPOSERS

1.1 INTRODUCTION

Defense Logistics Agency-Energy (DLA Energy) is requesting proposals from vendors that will provide commercial tax-free fuel cards or similar technology used to purchase petroleum products for authorized U.S. Government and North Atlantic Treaty Organization (NATO) employees assigned throughout Italy.

Vendor proposals will be rated based upon past performance and experience providing tax exempt petroleum products through a widely accepted card-based solution. Vendors should identify the processes and relationships currently in use. However, consideration will be given to vendors who invest in the development of a tax-free fuel card to meet the requirements specified in this proposal. The scope of work will include reoccurring (monthly, annually, and by request) reporting capabilities, card maintenance, system compatibility, and other requirements specified herein.

A. The full scope of work is attached as Section Two Scope of Work.

B. The contract term will be for a three-year base period with the possibility of two one-year extension options.

C. Proposals are due no later than 12:00 PM XX XXX 2017 as shown in Paragraph 1.4 Anticipated Schedule

D. Pre-proposal meetings will not be held; however, interested vendors are encouraged to submit any questions regarding this procurement according to Paragraph 1.3, Communications.

1.2. BACKGROUND

The Commanding Officer (CO) U.S. Naval Support Activity (USNSA) Naples, as the authority to manage the tax-free products program for all of Italy, has initiated the transition of printed tax-free gas coupons to a fuel card or equivalent solution. Automated tax-free fuel cards create efficiencies for both authorized users and program accountability.

Currently, the U.S. Government issues paper-based denominations (coupons) of 1, 2, 5, 10, and 20 liters for fuel as well as 1 liter coupons for motor oils. The U.S. Government and NATO maintain 17 distribution centers throughout our military installations Italy. Authorized users purchase tax-free Unleaded, Diesel, Oil, and Liquefied Petroleum Gas (LPG) coupons based on a predefined ration in accordance with vehicle engine size. Authorized users exchange coupons for the corresponding product

2 | P a g e at contracted vendor fueling stations throughout Italy. Per the current contract, due to expire, the vendor performs the tax recoupment process directly with the Italian Ministry of Finance.

1.3. COMMUNICATIONS

In accordance with the Federal Acquisition Regulation (FAR) 15.201 (f), the Contracting Officer (KO) must be the focal point of any exchange with potential Offerors. All verbal or written communications between any potential vendor or its representatives and any U.S. Government or NATO personnel are strictly prohibited from the date of the RFP advertisement through the date of the execution of the contract. The only exceptions to this are (1) communications and questions concerning this solicitation directed to the Contracting Officer or Contract Specialists listed below.

The U.S. Government reserves the right to contact Offerors for clarification of response contents. Any violation of the requirements set forth in this section shall constitute grounds for immediate and permanent disqualification of the offending firm from participation in this procurement. Offerors should rely only on written statements issued by the Contracting Officer. Contracting Specialists will respond via formal written clarification, which will be provided to all registered holders of the solicitation document. Points of contact for information regarding this solicitation are:

A. Crystal Willis, Contract Specialist

1. Phone: 703-767-8392

2. Email: crystal.willis@dla.mil

B. James Forde, Contract Specialist

1. Phone: 703-767-8497

2. Email: james.forde@dla.mil

1.4 PROPOSAL SUBMITTAL

A. Proposals shall be submitted in Microsoft Word or Adobe format and shall include completed attachments in their original format (i.e. Adobe and Microsoft Excel).

1. All pages of the Proposal must be numbered

2. Proposals must be submitted in the same order as outlined in Section 1.6.A.7.

3. The evaluation criteria in Section 1.7 will be used to evaluate all Proposals.

B. The closing date for receipt of offers is 12:00PM local time Fort Belvior, Virginia on XX XXX 2016. Responses can be emailed to DESCPIA@dla.mil or Faxed to 703-767-8506, Attn: Damoris Nibbs (FEPCA). Responses can also be mailed to:

mailto:crystal.willis@dla.mil mailto:james.forde@dla.mil mailto:DESCPIA@dla.mil

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DLA ENERGY

8725 John J. Kingman Road, Suite 4950

Attn: DLA Energy PIA, RM 3821 Fort Belvoir, VA 22060-6222

C. The Defense Logistics Agency (DLA) Energy reserves the right to amend this RFP before or after receipt of proposals if the U.S. Government changes its requirements or terms and conditions. If this RFP is amended:

1. Before the receipt of proposals, the amendment(s) will be issued on FEDBIZOPPs.

2. After the receipt of proposals, the amendment(s) will be issued to all Offerors that have not been eliminated from the competition.

D. DLA-Energy may reject late proposals. DLA-Energy also reserves the right to postpone the proposal due date.

E. DLA-Energy is not responsible for any costs associated with preparing or submitting a proposal. Proposals become the property of DLA-Energy upon submission.

F. All Offerors must be registered on the Official U.S. Government System for Award Management (SAM) at WWW.SAM.GOV (note: there is no fee to register for this site). All certifications and representations must be completed to be acceptable by the time offers are submitted.

1.5 CONTENTS OF PROPOSAL

A. Offerors must submit Proposals meeting the following content requirements. DLA-Energy reserves the right to request additional information from Proposers. To be valid, all offers must comply with the instructions in Clause 52-212-1(b) to include at a minimum:

1. The Solicitation Number

2. Within the Time specified in the solicitation for receipt of offers

3. The Name, Address, Email, and Telephone Number of the Offeror

4. A Technical Description of the Items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary

5. Terms of any express warranty http://www.sam.gov/

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6. Pricing and any discount terms (Note: Offer price should be a unit price per liter)

7. Completed Proposal Forms sent in with the offer:

a) Attachment 1 – Cover Sheet

b) Attachment 2 – Offer Price Data Sheet

c) Attachment 3 – Tax-Free Fuel Card and Implementation

d) Attachment 4 – Fueling Station Distance from U.S. and NATO in Italy

e) Attachment 5 – Certification regarding Conflict of Interest

f) Attachment 6 – Contract Clauses

B. Restriction on disclosure and use of data. In accordance with the Federal Acquisition Regulation (FAR) 52.215-1 (e), Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

1. Mark the title page with the following legend:

“This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of – or in connection with – the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]”; and

2. Mark each sheet of data it wishes to restrict with the following legend:

“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.”

1.6 EVALUATION CRITERIA

A. The following criteria will be used to evaluate Proposals.

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B. After proposals are received, DLA-Energy may, at any point in the evaluation process, advise offerors of the weaknesses and deficiencies of their proposal and request revised proposals and/or Best and Final Offers (BAFOs). Revised proposals or BAFOs shall be evaluated upon the evaluation criteria stated in Paragraph 4. DLA-Energy reserves the right to proceed directly to negotiations with the highest ranked offerors immediately following the initial submission and evaluation of proposals. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the KO later determines them to be necessary.

C. DLA-Energy will select the Proposal in the best interests of the U.S. Government that meets the evaluation criteria. Final selection, if any, will be made on a “Best Value” basis. If DLA-Energy is unable to negotiate a satisfactory contract with the highest ranked Offeror, the next highest ranked proposal may be contacted for contract negotiation. This method may continue, in the discretion of DLA-Energy, until a contract is successfully negotiated or until all proposals are rejected. Each proposal will be evaluated based on the criterion below and each criterion will be rated in one of five categories shown in D. Evaluation Criteria. A rating of “Outstanding” being the highest ranked and “Unsatisfactory” being the lowest ranks.

D. Evaluation Criteria:

NO. CRITERION Outstanding Excellent Satisfactory Marginal Unsatisfactory

1 Price

2 Fuel Card Specifications

3 Implementation Plan

1. Evaluation Criterion: Price

a) Offer Price Data Sheet, Complete and submit Attachment 2.

b) Prompt Payment Discounts. The U.S. Government intends to take advantage of any prompt payment discount terms proposed; however, Prompt Payment Discounts are not mandatory.

c) Miscellaneous Expenses, related to implementation, including, but not limited to software integration, interfaces between systems, training and specialized reports.

2. Evaluation Criterion: Fuel Card Specifications

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a) Fuel Card Specifications. Complete and submit this portion of Attachment 3.

Specifically describing in sufficient detail the following:

b) CARD REQUIREMENTS:

i. Automated fuel card

ii. Individual fuel cards to support at least 20,000 authorized users

iii. Expiration Date; one year from contract date

iv. Fuel transaction limits in LITERS

v. Limited to Fuel Purchase Only (includes at a minimum Unleaded and Diesel)

vi. PIN Code Security

vii. Accepted at a sufficient number of fueling locations within 5, 10, 20, and 50 kilometers of U.S. and NATO installations throughout Italy (Complete and submit Proposal Form 4)

c) CARD MANAGEMENT:

i. Amount of time and the process required to issue new and replacement cards for lost and stolen cards;

ii. Billing cycle timelines, sample invoices, and other billing options;

iii. A listing of available controls for limiting usage (Examples: such as fuel purchases only, Fuel and Product Types, Number of swipes per day, Other restrictions);

iv. Describe how restrictions are enforced at the pump, on a card-by-card basis;

v. Provide additional special requirements.

3. Evaluation Criterion: Implementation Plan

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a) Implementation Plan. Complete and submit this portion of Attachment 3 as contained in this RFP. Specifically addressing in sufficient detail the following:

b) IMPLEMENTATION AND TRAINING

i. Training Plan that shall include a description of the Vendor’s capabilities, a detailed description of the proposed means to provide the required services/training, e.g. an implementation timeline, transition plan, schedules, and any other information that the Offeror deems relevant.

ii. Training shall include instruction on the proper and correct usage of the online fuel card management and reporting systems.

c) CUSTOMER SERVICE. The Offeror shall submit a detailed plan of its Customer Services program as described in the Scope of Work. The plan should also describe the following:

i. Ability to provide a monthly billing statement, in Microsoft Excel format (via Email or website), however, alternatives will be considered that details all expenses and discounts processed through the use of each individual fuel card;

ii. Ability to provide detailed data for purchases by fuel card;

iii. Alternative method for manual processing of receipts in the event of service interruption within the electronic sales system;

iv. Time frame required for obtaining paper copies of receipts, upon request.

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SECTION TWO – SCOPE OF WORK – TAX-FREE FUEL CARD PROGRAM

2.1 INTRODUCTION

U.S. and NATO military and civilian personnel eligible to register a primary privately owned vehicle (POV) with an Allied Forces Italy (AFI) registration number through the Motor Vehicle Registration Offices (MVRO) administered by NSA Naples throughout Italy. AFI registered vehicles are then authorized to receive tax-free fuel in accordance with applicable international agreements and implementing instructions issued by the Government of Italy (GOI) and the United States Navy. POV vehicles include cars, trucks, and motorcycles over 50 cc. However, eligible personnel also receive tax-free fuel for Government and rental vehicles, motor oil, and Liquefied Petroleum Gas (LPG). During 2015 our system had 16,000 authorized users with nearly 15,000 registered primary vehicles with MVRO. These authorized users purchased the following amounts of each type of fuel in the table below:

TRANSACTION UNIT QUANTITIES

Unleaded Fuel XX,XXX Liters

Diesel Fuel XX,XXX Liters

Motor Oil XX,XXX Liters

Liquefied Petroleum Gas (LPG) XX,XXX Kilograms

2.2 GENERAL SCOPE OF SERVICES

The Vendor shall provide tax-free fuel cards to purchase fuel, oil, and Liquefied Petroleum Gas (LPG) from fueling stations within Italy to the U.S. Government. It is preferred that the vendor shall be experienced in providing these services and having functioning processes already in existence and currently in use.

Services shall include, but are not limited to, timely issuance of cards upon request, ability to implement purchasing controls, exception monitoring, reporting options, tax rebate, fuel discounts, and any other requirement listed in this Scope of Work. This Scope of Work also includes online reporting capabilities, card maintenance, system compatibility and other requirements specified herein.

This service shall establish a tax-free fuel card/payment system for the U.S. Government, including the ability to maintain tax-free fuel cards and accounts online, review and approve applicable transactions online, apply card restrictions, order/issue new cards on an as needed basis, and run fuel exception and transaction reports by vehicle, driver, or card number.

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2.3 FUEL SPECIFICATIONS

Supplies delivered shall conform to all National environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The list of such requirements contained in this RFP is not intended to be a complete list and the Vendor shall be responsible for determining the existence of all such requirements. In the event that a National environmental requirement is more stringent than a specification contained in this RFP, the Vendor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered to be a nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as cited below.

A. GASOLINE, AUTOMOTIVE, UNLEADED, PREMIUM GRADE

1. Product shall conform to EN 228:2008

2. Product classifications are shown below:

NATIONAL STOCK

NUMBER

PRODUCT

NOMENCLATURE

PRODUCT

CODE

9130-01-527-5763 Gasoline, Premium, Unleaded

UL

9130-01-570-5326 Gasoline, Super Premium, Unleaded

SPG

B. FUEL, OIL, DIESEL

1. Product shall conform to EN 590:2009 +A1:2010

2. Product classifications are shown below:

NATIONAL

STOCK NUMBER

PRODUCT

NOMENCLATURE

PRODUCT

CODE

SULFUR

MAXIMUM

9140-01-556-9156 Diesel Fuel SFD 10

9140-01-570-7022 Diesel Fuel, Low Temperature SF1 10

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2.5 CLEARANCE FOR TAX EXEMPTION

Clearance on products shall be governed by the following procedures:

A. Tax exemption authorization for products supplied will be governed by instructions and policies issued by the Italian Ministry of Finance, Rome, which will be provided by the NAVSUPPACT Naples Tax-Free Products Administrator.

B. The U.S. Government shall provide the Italian Ministries of Defense and Finance quarterly plafonds (ceilings) based on expected consumption of tax-free products, which will be made available to the selected Contractor under this contract.

C. A report of consumption is coordinated by the Navy Support Activity (NAVSUPP) Naples and submitted to the Italian government quarterly. It is substantiated by sales records expended during the month of consumption being reported. For this purpose, the Contractor will submit a complete sales report to the Tax-Free Products Administrator for the preparation of each report broken down by region.

2.4 SPECIFIC SERVICES

D. Billing/Invoicing: Vendor shall provide a monthly statement that summarizes all transactions for the specified billing period, including previous month’s payment, total new charges and total quantities, total exempted taxes and total discounts.

Invoicing Address:

Tax Free U.S. Navy Exchange European District Accounting Office Gricignano Support Site Contrada Boscariello-Bldg 2091-B 81030 Gricignano Di Aversa (CE) Italy

Payment Address:

U.S. Navy Exchange European District Accounting Office PSC 808 Box 33

FPO, AE 09618

E. Secure Website: Vendor shall provide the option to U.S. Government to self-manage card issues, card delivery, and cancellations or replacements through secured internet access to account information. The Vendor’s website must require user ID’s, be password protected, and contain industry standard security measures to prevent access by non-authorized individuals.

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F. Customer Services: Vendor shall provide for the following:

1. Vendor shall provide assistance in resolving issues related to inaccurate fuel type dispensed, questionable transactions, Point of Sale (POS) unit problems, and lost and/or stolen fuel cards.

2. Vendor will assign a customer service representative(s) to act as a lead liaison between the Vendor and the U.S. Government.

G. Reports

1. Vendor shall provide summary monthly statement of all transactions for the billing period with but not limited to the following fields: previous months, payment, total new charge amounts, total quantities, total exempted taxes, and total discounts.

2. Vendor shall maintain an automated/online database that maintains fuel usage data that shall be easily queried and have the ability to generate varied on-line and printed reports based on the U.S. Government’s needs.

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REQUIRED REGULATORY COMMERCIAL ITEM CLAUSES AND PROVISIONS

L40 RESTRICTIONS UNDER ITALIAN LAW (DLA ENERGY MAR 2002)

Contracts for delivery hereunder (f.o.b. points in Italy) will be concluded only with firms licensed to do business in Italy. Invoices will be paid in Euro bank notes for all products, with the exception of Avgas and Jet Fuel which will be invoiced and paid in U.S. currency.

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (JULY 2016)

As prescribed in 12.301(b)(2), insert the following provision:

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

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

“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;

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm%23P120_20191

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(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

(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)).

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

(1) Means a small business concern—

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

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

“Small disadvantaged business concern, consistent with 13 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 at 13 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 CFR 124.104(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 business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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“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 least 51 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.

“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.

(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 posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to 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 CFR 124.1002.

(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.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a

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(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.

(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 Order 11246 --

(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

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

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

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

(2) Foreign End Products:

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(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.”

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(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:

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

(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:

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(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

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REQUIRED REGULATORY COMMERCIAL ITEM CLAUSES AND PROVISIONS

L40 RESTRICTIONS UNDER ITALIAN LAW (DLA ENERGY MAR 2002)

Contracts for delivery hereunder (f.o.b. points in Italy) will be concluded only with firms licensed to do business in Italy. Invoices will be paid in Euro bank notes for all products, with the exception of Avgas and Jet Fuel which will be invoiced and paid in U.S. currency.

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (JULY 2016)

As prescribed in 12.301(b)(2), insert the following provision:

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

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

“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;

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(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

(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)).

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

(1) Means a small business concern—

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

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

“Small disadvantaged business concern, consistent with 13 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 at 13 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 CFR 124.104(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.