COMBINED_SYNOPSIS_and_SOLICITATION_HotDocs_2017_final.pdf

COMBINED SYNOPSIS/SOLICITATION

The Government intends to fulfill this requirement via a sole source, Firm-Fixed-Price (FFP), purchase order, to HotDocs Corporation. Pursuant to FAR 13.106-1(b)(1), for purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available. All responsible sources may submit a quotation in response to this combined synopsis/solicitation, which shall be considered by the agency.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

This Solicitation Number W15QKN-17-T-03G3 is being issued as a Request for Quotation

(RFQ).

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-80.

Responses must set forth full, accurate and complete information as required by this solicitation and shall be submitted in English. Examine the entire solicitation carefully. The penalty for making false statement is prescribed in 18 U.S.C. 1001. Responses must be plainly marked with the solicitation number and the date and local time set forth for receipt of quotations in the solicitation document. All offers must contain the minimum information required under the Federal Acquisition Regulation (FAR) 52.212-1, Instructions to Offerors, Commercial Items.

This procurement is 100% sole source to HotDocs Corporation. The applicable NAICS Code is 511210.

Issuing Office:

U.S. Army Contracting Command – New Jersey ATTN: Ms. Krista M. Ellison Office Symbol: ACC-NJ-CC Phipps Road, Building 10 Picatinny Arsenal, NJ 07806-5000 Email: Krista.M.Ellison.civ@mail.mil

POC for information is Ms. Krista M. Ellison, email: Krista.M.Ellison.civ@mail.mil, phone:

973-724-6894.

DEADLINE: Quotation shall be provided by 3PM EST 29 May 2017 via electronic mail to the contract specialist Ms. Krista M. Ellison at krista.m.ellison.civ@mail.mil. The response should be marked with Solicitation Number W15QKN-17-T-09G3. All quotes must be valid for a minimum of 30 days.

mailto:Krista.M.Ellison.civ@mail.mil mailto:krista.m.ellison.civ@mail.mil

A response to this solicitation shall include the completion of CLINs, fill-in clauses, and be accompanied by a quotation on company letterhead. In addition, reinstatement fees and what encompasses the reinstatement fee shall be clearly defined, if applicable.

Electronic mail submission requirement: The purpose of this clause is to advise offerors of the transmission requirements of quotation data via electronic mail and non-electronic mail.

Electronic mail submission requirement:

Size Restriction: There is a size restriction on electronic submission of quotations submitted to addresses at Picatinny Arsenal via e-mail; the maximum file size that can be accommodated in the e-mail system is 15 MB.

Acceptable Format: All material must be submitted in Microsoft Office format: the quotation must be in Word format (Windows Platform); pricing/cost information must be in Excel format with all formulas intact (Windows Platform). Please identify the format in your transmittal.

Large files need to be compressed using the utility called WinZip (<http://www.winzip.com>).

Due to the large number of infected messages with ZIP attachments, all ZIP attachments will be blocked by ARDEC mail server. You need to rename the file extension for all your submissions so the files will get through our mail server. You also need to provide instructions on how to convert your modified file extensions back to their original format in the same message.

In addition, ARDEC's Internet E-mail Attachment Policy restricts distribution of the following types of e-mail attachments: *.ADE, *.ADP, *.BAT, *.B64, *.BAS, *.BHX, *.CEO, *.CE0, *.CHM, *.CMD, *.COM, *.CPL, *.CRT, *.DBX, *.DLL, *.DOT, *.EML, *.EXE, *.HQX, *.HTA, *.INF, *.INS, *.ISP, *.JS, *.JSE, *.LNK, *.MDE, *.MIM, *.MSC, *.MSI, *.MSP, *.NCH, *.OCX, *.PCD, *.PI, *.PIF, *.REG, *.SCR, *.SCT, *.SHB, *.SHS, *.UU, *.UUE, *.VB, *.VBE, *.VBS, *.WSC, *.WSF, *.WSH, *.XXE, *.ZIP

If you need to send us attachments with the above mentioned file types, you will need to rename the file extension for all your submissions, so that these files will get through our mail server. You will also need to provide detailed instructions on how to convert your modified file extensions back to their original format.

In addition, it is required that electronic submissions are scanned with the most up-to-date virus definition, with antivirus software of your choice. ARDEC mail server will block all messages that are infected with a virus.

Non-electronic submission requirement: Any quotation that is submitted via U.S. Mail or commercial courier must be digitized on a Compact Disc (CD) or, Digital Versatile Disc/ Digital Video Disc (DVD), and labeled with the file names and format(s) (Word, Excel, etc). It is not necessary to zip material submitted via non-electronic channel.

Special Notice to Offerors: Offerors are responsible for obtaining a receipt confirmation, via separate Email, with the corresponding PCO, to ensure the electronic quotation has been received by the date/time set forth in the solicitation for “receipt of offers.”

SUPPLIES OR SERVICES AND PRICES/COSTS:

Contract Line Item Number (CLIN) 0001: ANNUAL MAINTENANCE AND SUPPORT OF

HOTDOCS SOFTWARE USER LICENSES

The contractor shall provide software/product maintenance and support for 1,600 User Licenses for a period of twelve (12) months, in accordance with the Statement of Work and all other terms and conditions of this Solicitation and subsequent purchase order.

QUANTITY: 1,600

UNIT: Each Period of Performance: twelve (12) months

UNIT PRICE: _______________________________________ (OFFEROR TO COMPLETE)

AMOUNT: ________________________________________ (OFFEROR TO COMPLETE)

PSC: D319

CLIN 0002: ANNUAL MAINTENANCE AND SUPPORT OF HOTDOCS SOFTWARE

DEVELOPER LICENSES

The contractor shall provide software/product maintenance and support for two (2) Developer Licenses for a period of twelve (12) months, in accordance with the Statement of Work and all other terms and conditions of this Solicitation and subsequent purchase order.

QUANTITY: 2

UNIT: Each Period of Performance: twelve (12) months

UNIT PRICE: _______________________________________ (OFFEROR TO COMPLETE)

AMOUNT: ________________________________________ (OFFEROR TO COMPLETE)

PSC: D319

CLIN 0003: ANNUAL MAINTENANCE AND SUPPORT OF HOTDOCS SOFTWARE SERVER

LICENSE

The contractor shall provide software/product maintenance and support for one (1) Server License for a period of twelve (12) months starting, in accordance with the Statement of Work and all other terms and conditions of this Solicitation and subsequent purchase order.

QUANTITY: 1

UNIT: Each Period of Performance: twelve (12) months

UNIT PRICE: _______________________________________ (OFFEROR TO COMPLETE

AMOUNT: ________________________________________ (OFFEROR TO COMPLETE)

PSC: D319

CLIN 0004: REINSTATEMENT FEES

UNIT: Lot

UNIT PRICE: _______________________________________ (OFFEROR TO COMPLETE

AMOUNT: ________________________________________ (OFFEROR TO COMPLETE)

PSC: D319

OPTION YEAR ONE (1)

CLIN 0005: Option Year One (1) ANNUAL MAINTENANCE AND SUPPORT OF HOTDOCS

SOFTWARE USER LICENSES

The contractor shall provide software/product maintenance and support for 1,600 User Licenses for a period of twelve (12) months, in accordance with the Statement of Work and all other terms and conditions of this Solicitation and subsequent purchase order.

QUANTITY: 1,600

UNIT: Each Period of Performance: twelve (12) months

UNIT PRICE: _______________________________________ (OFFEROR TO COMPLETE)

AMOUNT: ________________________________________ (OFFEROR TO COMPLETE)

PSC: D319

CLIN 0006: Option Year One (1) ANNUAL MAINTENANCE AND SUPPORT OF HOTDOCS

SOFTWARE DEVELOPER LICENSES

The contractor shall provide software/product maintenance and support for two (2) Developer Licenses for a period of twelve (12) months, in accordance with the Statement of Work and all other terms and conditions of this Solicitation and subsequent purchase order.

QUANTITY: 2

UNIT: Each Period of Performance: twelve (12) months

UNIT PRICE: _______________________________________ (OFFEROR TO COMPLETE)

AMOUNT: ________________________________________ (OFFEROR TO COMPLETE)

PSC: D319

CLIN 0007: Option Year One (1) ANNUAL MAINTENANCE AND SUPPORT OF HOTDOCS

SOFTWARE SERVER LICENSE

The contractor shall provide software/product maintenance and support for one (1) Server License for a period of twelve (12) months, in accordance with the Statement of Work and all other terms and conditions of this Solicitation and subsequent purchase order.

QUANTITY: 1

UNIT: each

UNIT PRICE: _______________________________________ (OFFEROR TO COMPLETE

AMOUNT: ________________________________________ (OFFEROR TO COMPLETE)

PSC: D319

STATEMENT OF WORK

FOR THE MAINTENANCE AND SUPPORT

OF SERVER/DEVELOPER/USER LICENSES

1. Scope. This Statement of Work defines the contractual requirements for the procurement of the maintenance and support for the Government owned HotDocs licenses.

1.1 Background. The Judge Advocate General's Corps provides legal services for the Army, its Soldiers, family members, and retirees. Judge advocates serve as prosecutors and defense attorneys for criminal trials under the Uniform Code of Military Justice; they practice international, operational, labor, contract, environmental, tort and administrative law; and provide routine legal service for the Soldier, retirees and their families. These routine legal services include, but are not limited to, preparation of powers of attorney, separation agreements, and miscellaneous Servicemember Civil Relief Act (SCRA) documents (affidavit of domicile, letter to creditor, letters terminating leases, etc.) and also assist in the deployment readiness process.

2. Applicable Documents. None

3. Requirements. The contractor shall perform software/product maintenance and support by providing updates, upgrades, patches, and technical service support to include troubleshooting and question-and-answer document building capabilities for the currently owned software licenses. The contractor shall provide a maintenance and support agreement for the following commercial-off-the-shelf licenses owned by the JAG Corps for continued support and product updates/upgrades for the base year and option year.

Base Year:

Server License 1

Developer Licenses 2

User Licenses 1,600

Option Year 1:

Server License 1

Developer Licenses 2

User Licenses 1,600

3.1. Other Requirements. Due to the worldwide usage of this software the contractor shall notify the Technical Point of Contact and Contracting Officer, in writing, of any scheduled maintenance that will impact the availability of this software. The contractor shall also notify the Technical Point of Contact and Contracting Officer, in writing, of any issues or potential issues that may affect performance. All patches, updates, and upgrades will be administered by government personnel on in-house servers.

INSPECTION AND ACCEPTANCE

This effort will be Inspected/Accepted by the Government at F.O.B. Destination. If physical shipment of anything is required packaging shall be in accordance with best commercial procedures.

52.246-4000 ACCEPTANCE OCT/2010

[ ] Acceptance will be at the Contractor's plant.

[X] Acceptance will be at destination.

52.246-4001 GOVERNMENT PROCUREMENT QUALITY ASSURANCE ACTIONS OCT/2010

Government Procurement Quality Assurance (PQA) actions will be accomplished by the Government Quality Assurance Representative (QAR) at:

[ ] Contractor Plant [X] Destination [ ] Other: The Contractor’s plant except for tests conducted at a Government Facility or Pricing Ground.

DELIVERIES OR PERFORMANCE

Delivery is F.O.B. Destination.

CLINs 0001-0004 shall be delivered continuously as needed for a period of twelve (12) months.

CLIN 0005 is a onetime charge for any reinstatement fees.

CLINs 0006-0008 – shall be delivered continuously as needed for a period of twelve (12) months following the completion of CLINS 0001-0004.

Delivery will be updated at time of award.

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(a) Definitions. As used in this clause— “Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

“Concatenated unique item identifier” means—

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code;

enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

“DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html

“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.

“Government’s unit acquisition cost” means—

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.

“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.

“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

“Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or Exhibit Line Item Number Item Description:

Delivery is conducted electronically on an as needed basis. No physical delivery is anticipated

(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or Exhibit Line Item Number Item Description:

N/A

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified N/A

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified N/A

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(2) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix;

ECC200 data matrix specification.

http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that—

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH

10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH

10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall—

(A) Determine whether to—

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number);

and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number;

DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph

(c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code—

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government’s unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods—

(i) Use of the embedded items capability in WAWF;

(iii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iv) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ___, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.

(End of clause)

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

DEADLINE:

Responses to this RFQ must be signed, dated and received via electronic mail to the Contracting Specialist, Ms. Krista M. Ellison at krista.m.ellison.civ@mail.mil, no later than 6:00PM Eastern Standard Time (EST) on 29 May 2017.

The response should be marked with Solicitation Number W15QKN-17-T-03G3. All quotes must be valid for a minimum of 30 days.

System for Award Management: Interested parties must be registered with the SAM under NAICS 511210. Registrations can be done through the SAM at https://www.sam.gov/portal/public/SAM/

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (Oct 2015)

The offeror shall comply with the requirements of FAR 52.212-1, Instructions to Offerors - Commercial Items, incorporated by reference, in response to this solicitation.

Including but not limited to:

(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;

https://www.sam.gov/portal/public/SAM/

(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.

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Jan 2017)

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

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through(r) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a 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) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

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

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

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

(2) Foreign End Products:

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:

LINE ITEM NO.

COUNTRY OF ORIGIN

[List as necessary]

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

LINE ITEM NO.

COUNTRY OF ORIGIN

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and…