SPMYM1-15-Q-0018.doc

Section SF 1449 - CONTINUATION SHEET

Each

N4215850060576

FFP

Men's Tee - Shirts

Made in the United States

100% preshrunk cotton

Fabric weight at least 6.1 oz.

Durable double stitching on trims, sleeves, and bottom hem

Logo shall be screen printed on left chest at standard pocket height (approx. 3”) and on back (approx. 11”) in full color

With Norfolk Naval Shipyard (NNSY) emblem.

Please provide available colors with your quote.

See the table in Attachment (1) for quantities and sizes. Please annotate your proposed prices in this table.

FOB: Destination

MILSTRIP: N4215850060576

NET AMT

Each

FFP

Women's Tee - Shirts

Made in the United States

100% preshrunk cotton

Fabric weight at least 6.1 oz.

Durable double stitching on trims, sleeves, and bottom hem

Logo shall be screen printed on left chest at standard pocket height (approx. 3”) and on back (approx. 11”) in full color

With Norfolk Naval Shipyard (NNSY) emblem.

Please provide available colors with your quote.

See the table in Attachment (1) for quantities and sizes. Please annotate your proposed prices in this table.

NET AMT

Each

FFP

Men's Polo Shirts

Made in United States

100% preshrunk cotton fabric

Fabric weight at least 6.1 oz.

Double needle sleeves and hem

Polo collar

Two – Three-button placket

Logo shall be screen printed on left chest at standard pocket height (approx. 3”) and on back (approx. 11”) in full color

With Norfolk Naval Shipyard (NNSY) emblem.

Please provide available colors with your quote.

See the table in Attachment (1) for quantities and sizes. Please annotate your proposed prices in this table.

NET AMT

Each

FFP

Women' Polo Shirts

Made in United States

100% preshrunk cotton fabric

Fabric weight at least 6.1 oz.

Double needle sleeves and hem

Polo collar

Two – Three-button placket

Logo shall be screen printed on left chest at standard pocket height (approx. 3”) and on back (approx. 11”) in full color

With Norfolk Naval Shipyard (NNSY) emblem

Please provide available colors with your quote

See the table in Attachment (1) for quantities and sizes. Please annotate your proposed prices in this table.

NET AMT

Each

FFP

Polar Fleece Jacket

Made in the United States

100% Polyester, The fabric shall be anti-pill polar fleece.

Nylon Panels

Heavy Duty Zipper, 2 Front Zipper Pockets, Logo Embroidery on left chest

Long sleeves

Binding at cuffs, collar and bottom hem

Adjustable Bungee Drawstring

With Norfolk Naval Shipyard (NNSY) emblem.

Please provide available colors with your quote

See the table in Attachment (1) for quantities and sizes. Please annotate your proposed prices in this table.

NET AMT

Each

FFP

Polyester Men’s Jacket - CLASSIC

The jacket shall be made in America

The fabric shall be polyester cotton micro poplin

Lined with Nylon

Welt Pockets

The jacket shall have a full Zip Front

Nylon Shell outside – flannel inside

Lined zippered pockets

With Norfolk Naval Shipyard (NNSY) emblem embroidered on left chest.

Please provide available colors with your quote.

See the table in Attachment (1) for quantities and sizes. Please annotate your proposed prices in this table.

NET AMT

Each

FFP

Heavy Weight Voyager-Style Men’s Jacket

The Jacket shall be made in the America

The fabric shall be heavy weight poplin shell

The jacket shall be lined with micro polar fleece lining

With a heavy duty zipper, 2 front zipper pockets, Inside and Slash pockets, Long sleeves

Binding at cuffs, collar and bottom hem

With Norfolk Naval Shipyard (NNSY) emblem embroidered on left chest.

Please provide available colors with your quote.

See the table in Attachment (1) for quantities and sizes. Please annotate your proposed prices in this table.

NET AMT

Each

FFP

Hooded Jackets, 3 in 1 Men's

3-1 jacket vest combo with outer shell

The jacket shall be approximately 65% polyester/35% cotton

Long Sleeves; adjustable hook-and-loop cuffs

With zip-out vest liner.

Jacket has zippered pockets and slash pockets on vest

The jacket can be worn together or separately

The jacket has a heavy duty zipper, Binding at cuffs, collar and bottom hem

With Norfolk Naval Shipyard (NNSY) emblem

Embroidered on left chest.

Please provide available colors with your quote.

See the table in Attachment (1) for quantities and sizes. Please annotate your proposed prices in this table.

NET AMT

Each

N4215850060576

FFP

Hoodie Sweat Shirt

Made in the United States

Minimum of 10-14-oz. heavy weight fleece

Front pouch pocket

Pre-washed and shrunk to fit

Double needle stitching

Thick two-layered hood adjustable with drawstring

Full athletic cut

With Norfolk Naval Shipyard (NNSY) emblem.

Please provide available colors with your quote.

See the table in Attachment (1) for quantities and sizes. Please annotate your proposed prices in this table.

FOB: Destination

PURCHASE REQUEST NUMBER: N4215850060576

PROJECT: YY9

NET AMT

EARN STORE PRODUCTS

These products are for the Norfolk Naval Shipyard EARN (Incentive Awards) Store.

The unit price of any item cannot exceed $75.00.

Attachment (1), Tables with Required Sizes and Quantities, is hereby incorporated and made an attachment to this solicitation.

Attachment (2), the Norfolk Naval Shipyard (NNSY) logo, is hereby incorporated and made an attachment to this solicitation.

Partial deliveries will be authorized.

In addition to pricing annotated on Attachment (1), quotes shall include garment samples and manufacturer’s specification sheets. The evaluation factors are listed in the Addendum to FAR 52.212-2, Evaluation – Commercial Items.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

NORFOLK NAVAL SHIPYARD

RECEIVING OFFICER

BLDG 276

PORTSMOUTH VA 23709-5000

N42158

(SAME AS PREVIOUS LOCATION)

N42158

(SAME AS PREVIOUS LOCATION)

N42158

(SAME AS PREVIOUS LOCATION)

N42158

(SAME AS PREVIOUS LOCATION)

N42158

(SAME AS PREVIOUS LOCATION)

N42158

(SAME AS PREVIOUS LOCATION)

N42158

(SAME AS PREVIOUS LOCATION)

N42158

(SAME AS PREVIOUS LOCATION)

N42158

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

PRIORITY RATING

This contract is assigned a priority rating under the Defense Priorities and Allocations System (DPAS) regulations (15 Code of Federal Regulations (CFR) 700) which requires Contractors to utilize the assigned rating in obtaining the products, materials, and supplies needed to fill their contracts. In the event the Contractor is unable to obtain the necessary products, materials, and supplies to complete the contract, the Contractor shall immediately advise the Defense Contract Management Agency (DCMA) or the appropriate Defense Supply Center (DSC) DPAS officer through the cognizant Administrative Contracting Officer or Procuring Contracting officer. The DPAS officer or the DCMA plant representative will provide necessary assistance or provide the necessary instructions to complete Department. of Commerce, Bureau of Industry and Security Form BIS 999, Request for Special Priorities Assistance. This form will be processed through appropriate channels to the Department of Commerce who will review and take action to make the needed supplies available to the applicant when deemed appropriate.

(End of Clause)

CLAUSES INCORPORATED BY FULL TEXT

PROHIBITED PACKING MATERIALS (DLA MARITIME-NORFOLK AND PUGET SOUND)

The following packing materials are prohibited: asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material), and loose fill polystyrene. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material.

(End of Clause)

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, 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;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items (APR 2014)

Interested vendors may send the quotation to the Defense Logistics Agency, DLA Maritime Norfolk by U.S. Mail or commercial courier (such as FedEx or UPS) to the following address:

DLA Maritime Norfolk

Norfolk Naval Shipyard Contracting Division

Norfolk Naval Shipyard, Bldg. 1500

2nd Floor, Attention Carolyn F Burns, Code NMAB.1B, Portsmouth, VA 23709-1031

The quotation shall consist of two parts:

1. Technical Proposal – Submit samples, specification sheets, and proposed stitch count.

2. Price information - Submit Original with pricing annotated on Attachment (1), Tables with Required Sizes and Quantities.

I. Technical Proposal:

The vendor shall provide a manufacturer product specification sheet for each line item and a garment sample of a tee-shirt, a polo shirt, a hoodie, a polar fleece jacket, a men’s classic-style jacket, a heavy-weight voyager-style men’s jacket, and a 3-in-1 men’s hooded jacket in order to demonstrate that each of its proposed products meets the required specifications. Additionally, the vendor shall provide a statement concerning the proposed embroidery stitch count.

II. Price Information:

Vendors shall submit one (1) original signed first page of the Standard Form (SF) 1449 and, if applicable, executed copies of all Amendments, and executed Representations and Certifications. Vendors shall submit their proposed pricing on Attachment (1), Table with Required Sizes and Quantities. Quotes submitted shall be in accordance with the Schedule of Supplies/Services contained in the solicitation. Quotes shall be held firm for thirty (30) days.

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a firm fixed contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(a) Technical capability – Garment samples and specification sheets

(b) Price

The evaluation of quotations will consider the vendor’s Technical Capability to be more important than Price

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

Addendum to FAR 52.212-2 Evaluation – Commercial Items (OCT 2014)

EVALUATION

TECHNICAL CAPABILITY FACTOR

Samples and Specification Sheets

The vendor shall submit a sample of a tee-shirt, a polo shirt, a hoodie, and each of the jackets (4); a manufacturer’s specification sheet for each of the nine (9)garments; and a proposed stitch count for the embroidered Norfolk Naval Shipyard (NNSY) emblem/logo. Additionally, the vendor shall state what colors are available for each garment. Samples will be evaluated by the Government to determine if the garments meet the required specifications. Relating to the required specifications, the following elements will be evaluated as either Acceptable or Unacceptable and are equal in importance:

FOR ALL EMBROIDERED ITEMS:

The proposed logo stitch count meets or exceeds 24,000.

Tee-Shirts Men’s and Ladies Tee Shirts are made in America.

100% preshrunk cotton

Fabric weight at least 6.1 oz.

Durable double stitching on trims, sleeves, and bottom hem

NNSY logo shall be screen printed on left chest at standard pocket height (approx. 3”) and on back (approx. 11”) in full color.

Polo Shirts Men’s and Ladies

Polo Shirts are made in America.

100% preshrunk cotton fabric

Fabric weight at least 6.1 oz.

Double needle sleeves and hem

Polo collar

Two – Three-button placket

NNSY logo shall be screen printed on left chest at standard pocket

Height (approx. 3”) and on back (approx. 11”) in full color.

Polar Fleece Jacket The fleece jacket is made in America.

100% Polyester, The fabric is anti-pill polar fleece.

Nylon Panels

Heavy Duty Zipper, 2 Front Zipper Pockets, NNSY logo embroidered on left chest

Long sleeves

Binding at cuffs, collar and bottom hem

Adjustable Bungee Drawstring.

Polyester Men’s Jacket - CLASSIC The jacket is made in America.

The fabric is polyester cotton micro poplin

Lined with Nylon

Welt Pockets

The jacket has a full Zip Front

Nylon Shell outside – flannel inside

Lined zippered pockets

The NNSY logo is embroidered on left chest.

Heavy Weight Voyager-Style Men’s Jacket

The Voyager-Style jacket is made in America.

The fabric is heavy weight poplin shell

The jacket lined with micro polar fleece lining

The jacket has a heavy duty zipper, 2 front zipper pockets, Inside and Slash pockets

Long sleeves

Binding at cuffs, collar and bottom hem

NNSY logo embroidered on left chest.

Jacket Hooded, 3-in-1, Men’s

The jacket is made in America.

3-1 jacket vest combo with outer shell

The jacket is approximately 65% polyester/35% cotton

With long sleeves and adjustable hook-and-loop cuffs.

The jacket has a zip-out vest liner.

The jacket has zippered pockets and slashes pockets on vest.

The jacket can be worn together or separately

The jacket has a heavy duty zipper, NNSY logo embroidered on left chest

Binding at cuffs, collar and bottom hem.

Hoodie Sweat Shirt

The hoodie sweat shirt is made in America.

Is a minimum of 10-14-oz. heavy weight fleece

With front pouch pocket

Pre-washed and shrunk to fit

Double needle stitching

Thick two-layered hood adjustable with drawstring

Full athletic cut

With Norfolk Naval Shipyard (NNSY) emblem.

Vendors failing to submit the required garment samples and the corresponding specification sheets will be considered non-responsive and will no longer be considered for award.

Scoring/ Rating of Technical Capability Factor.

The samples and the specification sheets, plus the proposed stitch count, will be evaluated as either Acceptable or Unacceptable (pass/fail).

PRICE

Scoring/ Rating of Price Factor.

The vendor’s proposed price will be evaluated on the basis of price reasonableness in accordance with FAR Subpart 13.106-3. The evaluation will include, but is not limited to:

a. Comparison with pricing from other vendors and with independent cost estimates; and

b. Completeness of pricing information related to what is requested in the solicitation.

EVALUATION OF QUOTATIONS

a. The Government will award a purchase order or purchase orders resulting from this solicitation to the responsible vendor whose quotation, conforming to the solicitation, will be most advantageous to the Government, price and technical capability considered.

b. For the Technical Capability Factor, the Government will evaluate each vendor’s samples as either Acceptable (Pass) or Unacceptable (Fail).

c. The vendor’s proposed price will be evaluated on the basis of price reasonableness in accordance with Federal Acquisition Regulation (FAR) 13.106-2. Vendors responding to this solicitation are advised that, prior to award, the Government may request vendors to submit additional information to support price reasonableness, such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price lists with effective dates, etc. Failure to submit the requested information may result in disqualification of the submitted quote.

SELECTION

a. The Government intends to evaluate offers and award a purchase order or purchase orders using the simplified acquisition procedures of FAR Subpart 13.1.

b. The Government will select the vendor(s) whose quotation(s) is/are most advantageous to the Government, considering price and technical capability when compared to other quotations.

c. The Government reserves the right to award on initial quotes.

d. The Government reserves the right to award to multiple vendors.

e. The Government reserves the right to not award an order if an award is not in the best interest of the Government.

f. A written order in response to the vendor’s quotation will be e-mailed or otherwise furnished to the successful vendor(s). The Contracting Officer may ask the vendor(s) to provide written acceptance of an order.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2014) ALTERNATE I (OCT 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

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 Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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)).

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.

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 concern" means a small business concern—

“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.

“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 its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"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 stock of which is owned by one or more women; and 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 posted electronically on the SAM website.

(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 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), 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 (p) 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 on ORCA.]

(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 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 to paragraphs (c)(8) and (9): 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 women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It ___ is, ___ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(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) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands,Federated States of Micronesia, the Commonwealth of the Northern

Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)

(The offeror shall check the category in which its ownership falls):

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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 $100,000.) 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--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American--Balance of Payments Program--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:

(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.)

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.”

(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:

[List as necessary]

(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: