Solicitation_W15QKN-16-T-1028_Released.pdf
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- 2016 Lodging in Kind Ft, Jackson, SC Federal contract opportunity
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Solicitation W15QKN-16-T-1028 (SF1449) Lodging in Kind Ft Jackson SC Released
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SEE ADDENDUM
(No Collect Calls)
W15QKN-16-T-1028 15-Dec-2015
b. TELEPHONE NUMBER
609-562-5165
8. OFFER DUE DATE/LOCAL TIME
12:00 AM 28 Dec 2015
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W15QKN9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
NANCY ZENG
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
0010786179
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
US ARMY CONTRACTING COMMAND
5418 S. SCOTT PLAZA
JOINT BASE MDL NJ 08641
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W90E9E 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
DET 1, 4-108TH CM BN
DET 1, 4-108TH CM BN
D-627 BOYDEN ARBOR ROAD
FT JACKSON, SC NJ 29207
TEL: FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF52
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W15QKN-16-T-1028
Section SF 30 - BLOCK 14 CONTINUATION PAGE
INSTRUCTIONS TO OFFERORS
INSTRUCTION TO OFFERORS
1. The purpose of this Solicitation is to fulfill the Governments need for Battle Assembly
Lodging once a month in support of the Det 1, 4-108th CM Battalion, 3th BDE (CM), 102TH DIV
(MS), 80
th
Training Command, Bldg D-627, Boyden Arbor Rd., Ft Jackson, SC 29207.
This requirement is a 100% small business set aside under NAICS Code 721110 and has business size standard of $32.5 Million. The projected date of award is to be January 6, 2016 for a period of one (1) base year. Further requirement details are listed in the
Performance Work Statement (PWS).
2. Vendors must be registered in the System for Award Management (SAM) in order to be awarded a Department of Defense (DoD) contract. To obtain registration in SAM, please do so using the following link: https://www.sam.gov/sam.
3. Vendor quotes must also include their Tax ID Number, Dun & Bradstreet (DUNS)
Number, CAGE Code, and business size with all quotes. In addition, the contractor must submit the Federal Emergency Management Agency (FEMA) Certification of the proposed facility in which lodging services will take place.
4. The proposed hotel shall be within 15 miles from Bldg D-627, Boyden Arbor Rd., Ft
Jackson, SC 29207. The distance will be calculated by estimating the total driving distance to the physical hotel address.
5. Vendors must submit pricing information by utilizing the CLIN Structure found later in this solicitation. All fields of the CLIN structure must be completed, which include
(Quantity x Price Per Unit = Net Amount). Pricing shall be inclusive of all costs.
6. Vendors must submit all payment agreements, teaming arrangements and or subcontracting agreements with their quote. Note: This is only required if the quoting vendor is different from the proposed hotel.
7. The physical hotel address shall be provided in each Vendor’s quote. The Vendor must provide a Point of Contact (POC) that will be physically present at the hotel from commencement to conclusion of the lodging services. The name of the POC, Telephone number and E-mail address must be provided below:
POC: _____________________________
Telephone Number: __________________
Email Address: _____________________ https://www.sam.gov/sam
DEADLINE
Responses to this Solicitation must be signed, dated, and received via electronic mail to
Contract Specialist, Nancy Zeng at nancy.m.zeng.civ@mail.mil, phone number (609)-
562-5165, no later than (NLT) time and date stated in block 8 of SF 1449. Responses should be marked with the Solicitation Number; W15QKN-16-T-1028. This and all other correspondence may be directed to the above POC.
BASIS FOR AWARD:
The evaluation of quotes will be based off of the following factors:
1. Technical: Facility Assessment consisting of cleanliness, security, amenities.
These technical factors, the distance to the physical hotel address and all other technical factors will be assessed in conformance with the terms and conditions stated in the PWS.
2. Price
In accordance with FAR 52.212-2, the Government intends to make an award to the Contractor who submits the lowest price, technically acceptable quote, and is deemed responsive and responsible by the Contracting Officer. The anticipated award will be a Firm Fixed-Price contract. Offerors must submit quotes on the full quantity identified. Failure to submit all information requested in the instruction to offerors could be cause for rejection of the entire quote. The Contracting Officer reserves the right to make no award under this procedure.
mailto:nancy.m.zeng.civ@mail.mil
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 16 Each 8 Double Occupancy Rooms-January 2016
FFP
Contractor to provide eight (8) double occupancy non-smoking rooms for two (2) nights (8 rooms X 2 nights = 16 room nights) to support soldiers during Battle
Assemblies at their duty station.
Services shall be in accordance with the Performance Work Statement. Soldiers check-in on 8 January 2016 then check-out on 10 January 2016. Hotel location shall be within a 15-mile radius of Bldg D-627, Boyden Arbor Rd., Fort Jackson, SC 29207
Quantities in this requirement are estimates. Award winner shall invoice for actual services provided only. Actual services provided/rendered in accordance with the terms and conditions of the established contract will be accepted and paid for by the Government.
FOB: Destination
PURCHASE REQUEST NUMBER: 0010786179
NET AMT
0002 24 Each 8 Double Occupancy Rooms-February 2016
FFP
Contractor to provide eight (8) double occupancy non-smoking rooms for three (3) nights (8 rooms X 3 nights = 24 room nights) to support soldiers during Battle check-in on 18 February 2016 then check-out on 21 February 2016. Hotel location terms and conditions of the established contract will be accepted and paid for by the Government.
0003 24 Each 8 Double Occupancy Rooms-March 2016
FFP
Contractor to provide eight (8) double occupancy non-smoking rooms for three (3) check-in on 17 March 2016 then check-out on 20 March 2016. Hotel location shall be within a 15-mile radius of Bldg D-627, Boyden Arbor Rd., Fort Jackson, SC
29207 terms and conditions of the established contract will be accepted and paid for by the Government.
0004 16 Each 8 Double Occupancy ROOMS-April 2016
FFP
Contractor to provide eight (8) double occupancy non-smoking rooms for two (2) check-in on 8 April 2016 then check-out on 10 April 2016. Hotel location shall be within a 15-mile radius of Bldg D-627, Boyden Arbor Rd., Fort Jackson, SC 29207 terms and conditions of the established contract will be accepted and paid for by the Government.
0005 24 Each 8 Double Occupancy Rooms-June 2016
FFP
Contractor to provide eight (8) double occupancy non-smoking rooms for three (3) check-in on 23 June 2016 then check-out on 26 June 2016. Hotel location shall be terms and conditions of the established contract will be accepted and paid for by the Government.
0006 16 Each 8 Double Occupancy ROOMS-July 2016
FFP
Contractor to provide eight (8) double occupancy non-smoking rooms for two (2) check-in on 15 July 2016 then check-out on 17 July 2016. Hotel location shall be terms and conditions of the established contract will be accepted and paid for by the Government.
0007 16 Each 8 Double Occupancy Rooms-September 2016
FFP
Contractor to provide eight (8) double occupancy non-smoking rooms for two (2) check-in on 9 September 2016 then check-out on 11 September 2016. Hotel location shall be within a 15-mile radius of Bldg D-627, Boyden Arbor Rd., Fort
Jackson, SC 29207 terms and conditions of the established contract will be accepted and paid for by the Government.
0008 24 Each 8 Double Occupancy Rooms-October 2016
FFP
Contractor to provide eight (8) double occupancy non-smoking rooms for three (3) check-in on 13 October 2016 then check-out on 16 October 2016. Hotel location terms and conditions of the established contract will be accepted and paid for by the Government.
0009 16 Each 8 Double Occupancy Rooms-November 2016
FFP
Contractor to provide eight (8) double occupancy non-smoking rooms for two (2) check-in on 18 November 2016 then check-out on 20 November 2016. Hotel terms and conditions of the established contract will be accepted and paid for by the Government.
0010 16 Each 8 Double Occupancy Rooms-December 2016
FFP
Contractor to provide eight (8) double occupancy non-smoking rooms for two (2) check-in on 9 December 2016 then check-out on 11 December 2016. Hotel terms and conditions of the established contract will be accepted and paid for by the Government.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government
0005 Destination Government Destination Government
0006 Destination Government Destination Government
0007 Destination Government Destination Government
0008 Destination Government Destination Government
0009 Destination Government Destination Government
0010 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 POP 08-JAN-2016 TO
10-JAN-2016
N/A DET 1, 4-108TH CM BN
DET 1, 4-108TH CM BN
D-627 BOYDEN ARBOR ROAD
FT JACKSON, SC NJ 29207
W90E9E
0002 POP 18-FEB-2016 TO
21-FEB-2016
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 17-MAR-2016 TO
20-MAR-2016
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 08-APR-2016 TO
10-APR-2016
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 23-JUN-2016 TO
26-JUN-2016
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 15-JUL-2016 TO
17-JUL-2016
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 09-SEP-2016 TO
11-SEP-2016
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 13-OCT-2016 TO
16-OCT-2016
N/A (SAME AS PREVIOUS LOCATION)
0009 POP 18-NOV-2016 TO
20-NOV-2016
N/A (SAME AS PREVIOUS LOCATION)
0010 POP 09-DEC-2016 TO
11-DEC-2016
N/A (SAME AS PREVIOUS LOCATION)
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT (PWS)
th
BDE (CM), 102
TH
DIV (MS)
Lodging accommodations in support of the USAR Lodging In Kind Program for the Det 1, 4/108th BN at Ft
1.0 INTRODUCTION
The 3rd Brigade (CM), 102th Division (MS) and subordinate Battalions conduct monthly unit assemblies at multiple geographically dispersed locations with the continental USA. The 3rd Brigade and subordinate
Battalions provides MOS-T, Transition and NCOES training for the United State Army AC, RC and NG
CBRN community.
2.0 BACKGROUND
The 3rd BDE (CM), 102nd DIV (MS) was created to enhance the US Army capabilities to train Active and Reserve
CBRN soldier in support of the War effort and other contingency operations.
3.0 OBJECTIVES
Lodging is required to support Soldiers assigned to the Det 1, 4-108 th
CM Battalion who reside 50 miles or more from the unit address. The Det 1, 4-108 th
CM Battalion is located at Bldg D-627, Boyden Arbor Rd, , Ft
Jackson, SC 29207. The contracted hotel is required to provide all rooms, equipment, personnel, tools, materials, supervision, amenities, and other items necessary to perform the requested task/service as described in this
Performance Work Statement (PWS). The Army Standard for lodging in Kind is two (2) Soldiers per room.
However, selected Soldiers may be authorized single rooms with approval from the serviced organization/Unit as long as it does not exceed the quantity or total cost of rooms contracted during the service period.
The hotel shall only be paid for the number of rooms used at the contracted cost. The contracted cost shall not exceed the local authorized Per Diem rate. The selected hotel shall be able to support the unit with a combination of up to 8 double and single rooms per battle assembly NTE 2 nights on a monthly basis with the exception of
February, March, June and October 2016. The requirement for February, March, June and October 2016 will be for up to 8 rooms for 3 nights.
The selected hotel will be located within fifteen (15) miles of the unit address. The location will be easily accessible to major roads and highways, restaurants and coffee shops.
The Period of Performance shall be for 12 consecutive months starting 1 January 2016 and ending on 31 December
2016. A forecasted battle assembly schedule shall be provided to the contracted hotel at the beginning of the contract start date by the Det 1, 4-108 th
CM Battalion LIK coordinator. The unit LIK coordinator shall provide the contracted hotel with a projected room berthing list within 15 days of the scheduled battle assembly date. The berthing list shall contain the battle assembly dates, number of rooms requested, names of the Soldiers filling those rooms (double occupancy unless approved for a single room), gender, check-in dates, and number of days authorized. The number rooms, nights per room and schedule dates may change or vary occasionally. The unit LIK coordinator shall notify the hotel contractor of any changes within a timely manner. Changes to the schedule dates, room and night quantities shall not exceed the total contracted monthly and yearly contracted dollar amount. An effort shall be made by the unit LIK coordinator to give the contracted hotel a final/updated berthing list at least 72 hour prior to battle assembly.
Period of Performance: The Period of Performance is from 01 January 2016 to 31 December 2016.
Description CLINS QTY
8 Double Rooms 8-9 January 2016 1 16
8 Double Rooms 18-20 February 2016 2 24
8 Double Rooms 17-19 March 2016 3 24
8 Double Rooms 8-9 April 2016 4 16
8 Double Room 23-25 June 2016 5 24
8 Double Room 15-16 July 2016 6 16
8 Double Room 9-10 September 2016 7 16
8 Double Room 13-15 October 2016 8 24
8 Double Room 18-19 November 2016 9 16
8 Double Room 9-10 December 2016 10 16
4.0 SCOPE
4.1. Lodging:
All sleeping rooms must be at or below the Government’s per diem rate. The Federal Government is tax exempt.
The rooms must be non-smoking.
4.2. Personal Expenses:
Personal expenses in guest rooms such as long distance phone charges, movie rentals, laundry, room service, food or other incidentals will be paid for by the guest and shall not be billed under the resultant contract.
4.3. Security:
The sleeping rooms shall be secured in order to safeguard the government’s information, supplies, equipment and other properties. Entry access to sleeping areas must be through hotel interior corridors/main lobby.
4.4. Invoicing: The quantities in the contract are estimates. The contractor shall only invoice for actual room used. The contractor will be given a 72 hour notification of the final room count. The Government will pay for occupied rooms only. Actual services provided in accordance with the terms and conditions of this contract will be accepted and paid for by the Government. Invoices shall be submitted via the Wide Area Work Flow (WAWF) system.
4.5. Miscellaneous:
Rooms shall have a safe, internet services and ample parking. A clean, operational fitness center is desired.
5.0 DEFINITIONS
5.1. CONTRACTOR: The term as used in this requirement refers to the primary (prime) contractor or vendor.
5.2. CONTRACTING OFFICER (KO): The government official who has authority to enter into contract, administer or terminate contracts. He/she can make related determinations and findings on behalf of the government.
The Contracting Officer is the ONLY individual who can legally bind the government.
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management JUL 2013
52.212-1 Instructions to Offerors--Commercial Items OCT 2015
52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015
52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004
52.232-34 Payment By Electronic Funds Transfer--Other Than System for Award Management
JUL 2013
52.247-34 F.O.B. Destination NOV 1991
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7011 Alternative Line Item Structure SEP 2011
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting.
SEP 2015
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
252.232-7010 Levies on Contract Payments DEC 2006
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.246-7000 Material Inspection And Receiving Report MAR 2008
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
3. Technical: Facility Assessment consisting of cleanliness, security, amenities.
These technical factors, the distance to the physical hotel address and all other technical factors will be assessed in conformance with the terms and conditions stated in the PWS.
4. Price
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)
The Offeror shall complete only paragraph (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.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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.
http://www.acquisition.gov/
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
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 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.
"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 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 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 electronically 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.
https://www.acquisition.gov/
(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) 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) 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 $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:
Line Item No. Country of Origin
(List as necessary)
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR
52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,''
``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,''
``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''
(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) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli
Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
Line Item No. Country of Origin
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph
(g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph
(g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No. Country of Origin
(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products:
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting
Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that --
(1) The offeror and/or any of its principals ( ___ ) are, ( ___ ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,
(2) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(3) ( ___ ) Are, ( ___ ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The
Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed end products.
https://www.acquisition.gov/far/current/html/Subpart%2022_15.html#wp1088086
Listed End Product Listed Countriesof Origin
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—
(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United
States); or
(2) ( ___ ) Outside the United States.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--
(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds…
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