Amendment0001RFQ_15-R-A882.docx

I. INTRODUCTION

A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and Subpart 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

B. The combined synopsis and Request for Proposal (RFP) number is W56HZV-15- R-A882

C. This solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-78, effective November 25, 2014.

D. This acquisition will be competed under FAR 12.6 and 13.5 to U.S companies. This procurement is set- aside for Small Business. *

E. Posting Date: 11 September 2015

F. Response Date: 20 September 2015 *

G. The Army Contracting Command (ACC – WRN) 6501 East Eleven Mile Road, Warren, MI 48397-5000.

H. The NAICS code applicable to this acquisition is 334516 with a size standard of 500.

I. This Combined Synopsis and Solicitation contains clauses and provisions requiring a fill-in or representation. Offerors shall submit a copy of this Combined Synopsis and Solicitation with their response to clauses and provisions accordingly. A failure to complete fill-in may cause your offer to be determined ineligible for award.

J. Basis for award:

(a) The U.S. Army Contracting Command – Warren intends to award a firm-fixed –priced contract to the responsible offeror whose offer conforming to the solicitation and will be most advantageous to the Government. The Government will award one contract as a result of this solicitation, depending on the reasonableness of offers submitted.

K. Quotations shall include the shipping and delivery schedule. Delivery and acceptance will be FOB destination. The delivery date is 180 days from award.

L. This acquisition is unrated under the Defense Priorities and Allocations System (DPAS).

II. GENERAL

(a) The Army Contracting Command proposes to purchase Cable Inlet Receptacle and plug connectors as established under the following contract Line Item numbering (CLINs):

EA

Shipping Cost

EA

(b) Requirements for Portable X-Ray Diffraction for the Measurement of Residual Stress - The following describe the requirements for a “TURN KEY” portable X-Ray diffractometer used for measuring residual stresses in Ferrous using the sin2() method, and retained austenite in Ferrous Alloys per ASTM E975.

1. The automated system shall be able to measure residual stress using the sin2() method as specified per ASTM E2860 and output stress in the sigma11 direction, sigma22, the sigma 12 direction, and calculate the principal stresses, sigma 1 and sigma 2.

2. The automated system shall be able to quantitatively measure retained austenite in steels, per ASTM E957. The diffraction system shall be capable of obtaining the entire diffraction peak along with adjacent background level, and capable of detecting at least two separate austenite reflections and one ferrite reflection. The system shall be capable of normalizing and any equipment specific intensities biases no account for by R-factors. The detection limit shall be a minimum of 2% retained austenite. No change over shall be required between residual stress and retained austenite measurements.

3. The system shall be supplied of an X-Ray tube using Chromium radiation, but shall have the capability to exchange change X-ray tubes to other radiation sources. The manufacture shall provide the following beam apertures or collimator; round 0.5, 1.0 and 2.0, 3.0, 4.0 mm, rectangular 0.5x3 mm, 1x3 mm, 0.5x5 mm, 1x5 mm, 1.5x5 mm and 2x5 mm.

4. The cooling unit for the X-ray tube shall be integrated into the system.

5. The system shall have both manual and automated focusing options.

6. The magnetic mounting field stand shall be provide with the system. The field stand shall an automated Z-axis for focusing. The system shall have a minimum of 100 mm of travel in the X, Y-axes, and shall have portable residual stress mapping capabilities.

7. The unit shall have an independent warning lights to indicate when the X-rays are on and the shutter is open. The system shall have an emergency stop button

8. A fully enclosed and shielded (for X-rays) laboratory stand shall be provided for use of the x-ray diffractometric inside a metallurgy laboratory. The enclosure shall be able to accommodate a maximum sample size of 500 mm x 500 mmm sample. The enclosure shall be fully interlocked, clear view windows, and have a motion control.

9. A carrying case shall be provided which encompasses all components needed for field operation.

10. The manufacture shall provide a zero stress, and absolute stress calibration standard for steel.

11. The manufacture shall provide the following calibration standards for retained austenite measurements; 5%, 15% and 30% retained austenite.

12. The manufacture shall provide a fluorescence powder standard to show indicate where the x-ray beam is hitting.

13. To facilitate the measure residual stress depth profiling, the manufacture shall provide an electro-polishing unit using electrolyte-A.

14. The manufacture shall provide three portable radiation barrier screens for use in the field. The barrier screens shall be magnetically mountable.

15. The system’s high voltage, control and cooling system cables shall be a minimum of 15 feet in length to facilitate operator remote use.

16. The system shall be ASTM E915 compliant.

17. The manufacture shall provide installation support and on-site training of the XRD system. Training shall provide basic diffraction physics, instrument operation, data reduction, and data analysis and safety.

18. A minimum of one year warranty on all parts and service shall be provided.

19. The following information shall be provided prior to contract award; cost of replacement X-ray tubes, Cost of yearly service contract and what is covered. A description of the units X-ray safety features and circuits.

(c) Written Identification of Potential Organization Conflicts Of Interest.

A. The term “Organizational Conflicts of Interest” (OCI) is defined in part 2.1 of the Federal Acquisition Regulation (FAR): see also FAR 9.502 (c). For this solicitation, “OCI” exists when a Contractor would face an actual or potential conflict of interest if it worked on the planned contract, due either to its other business interests or to the nature of the effort to be performed. However, organizational conflicts of interest are more likely to occur in contracts involving:

(1) Management support services;

(2) Consultant or other professional services;

(3) Contractor performance of or assistance in technical evaluations; or

(4) Systems engineering and technical direction work performed by a Contractor that does not have overall contractual responsibility for development or production.

B. The Contracting Officer has reviewed and analyzed the procurement under this solicitation and has not identified any OCI issue, potential or otherwise. However, Offerors are encouraged to make a preliminary disclosure to the Contracting Officer, prior to the due date for receipt of proposals, of any OCI issues the Offeror has identified. Such preliminary disclosure will allow the Contracting Officer more time to assess both the potential OCI and the Offeror’s proposed strategy to negate or mitigate the OCI. This assessment may be crucial, since per FAR 9.504(e) the Contracting Officer may not award the contract to a Contractor with an OCI that cannot be negated or mitigated.

C. If the Contractor demonstrates to the Contracting Officer that there may be a possible conflict of interest arising out of an existing contract, the Contracting Officer shall take the necessary action to delete that requirement from this contract and/or mitigate any conflict of interest that may be present. The Contractor agrees that the Government or an authorized representative may, up to three years after acceptance of all programmatic documentation to be delivered under this contract, restrict the Contractor’s future participation in any resulting program managed system acquisition action(s).

K. Quotations shall include the shipping and delivery schedule. Delivery and Acceptance will be FOB destination. The delivery is required 180 days from date of award.

L. This acquisition is unrated under the Defense Priorities and Allocations System (DPAS).

III. Delivery and Acceptance:

A. Offeror shall include all shipping charges and ship supplies F.O.B. Destination to the following address:

TACOM LCMC

Central Receiving Dock, Bldg 249 6501 E. Eleven Mile Rd Warren, MI 48397-5000

B. Delivery is 180 days from date of award or proposed best delivery date.

C. Inspection and acceptance of the supplies shall be in accordance with FAR 52.246-2 inspection of Supplies – Fixed Price.

IV. Packaging and Marking

a) All data and hardware items deliverable under this contract shall be package and packed in accordance with good commercial practice. This shall be adequate to ensure arrival at destination without damage or loss.

b) All materials or their containers delivered under this contract shall be marked or tagged in the following manner: (a) the prime contract number (b) the name and address or the prime contractor, and: (c) the identification of the materials or item.

V. Submittal Instructions:

ACC-WRN reserves the right to seek clarification on any aspect of your quotation. All quotations must be received by the Army Contracting Command - Warren no later than 3:00 PM Local Warren, Michigan time Contractors must be registered in the System for Award Management (SAM) prior to receiving an award. Refer to website https://www.sam.gov/portal/public/SAM/.for registration information.

VI. Quotation Instructions and Content

1. The Offeror shall submit an electronic quote. All quotation information must be in the English language and priced in U.S. dollars.

2. Army Contracting Command Warren (ACC-WRN) reserves the right to seek clarification on any aspect of your quote.

3. Quotation Submission Procedures. Quotations shall be submitted in accordance with Army Contracting Command – Warren’s Local Clause 52.204-4016 page of the solicitation. No hard copies will be accepted.

4. Questions are requested via email, addressed to Pauline Ash, at pauline.ash.civ@mail.mil.

CLAUSES INCORPORATED BY REFERENCE (*Note: To view clauses use the links provided in 52.252-2 Clauses Incorporated by Reference (Feb 1998)

AUG 2013

JUL 2013

CLAUSES INCORPORATED BY FULL TEXT

52.201-4000 (TACOM)

ARMY CONTRACTING COMMAND – WARREN (DTA) OMBUDSPERSON (APR 2011)

Information regarding the TACOM-Warren Ombudsperson is located at the website: http://contracting.tacom.army.mil/acqinfo/ombudsperson.htm.

[End of Provision]

52.204-4005 (TACOM)

REQUIRED USE OF ELECTRONIC CONTRACTING (AUG 2015)

(a) All contract awards, modifications and delivery orders issued by TACOM will be issued electronically. The contractor has the option to receive these actions either via the Worldwide Web (WWW) or Electronic Data Interchange (EDI). Many provisions/clauses that appear "by reference", meaning only clause titles and regulation site are listed; their full texts can be found at the website: http://farsite.hill.af.mil/

(b) In order to be eligible to receive an award under this solicitation, the successful offeror must be registered with the Department of Defense (DOD) System for Award Management (SAM). The SAM registration process may be done electronically at the World Wide Web (WWW) site: https://www.sam.gov/portal/public/SAM.

(c)The contractor will receive an electronic Notice of the Award, Modification, or Delivery Order via e-mail.

52.204-4009 (TACOM)

MANDATORY USE OF CONTRACTOR TO GOVERNMENT ELECTRONIC COMMUNICATION (AUG 2015)

(a) All references in the contract to the submission of written documentation shall mean electronic submission.

(b) This shall include all written unclassified communications between the Government and the Contractor except contract awards and contract modifications which shall be posted on the internet. Return receipt shall be used if a commercial application is available. Classified information shall be handled in full accordance with the appropriate security requirements.

(c) In order to be contractually binding, all Government communications requiring a Contracting Officer signature must be sent from the Contracting Officer's e-mail address. The Contractor shall designate the personnel with signature authority who can contractually bind the contractor. All binding contractor communication shall be sent from this contractor e-mail address (es).

(d) Upon award, the Contractor shall provide the Contracting Officer with a list of e-mail addresses for all administrative and technical personnel assigned to this contract.

(e) Unless exempted by the Procuring Contracting Officer in writing, all unclassified written communication after contract award shall be transmitted electronically.

[End of Clause]

52.204-4016 (Warren) Electronic Contracting (AUG 2015)

(a) All Army Contracting Command – Warren (DTA) solicitations will be publicized on the Federal Business Opportunities website (https://www.fbo.gov). Any additional attachments, including Technical Data Packages (TDPs) when available electronically, will be separate attachments or links embedded in the solicitation.

(b) As of 10 August 2015, unless directed to do otherwise in Section L of this solicitation, vendors are required to submit a quote or proposal via the Federal Business Opportunities (FBO) system. Proposals or quotes submitted after this date using any other mechanism, including the Army Single Face to Industry Bid Response System (ASFI BRS) may be deemed non-responsive.

(c) Requirements for the online FBO bid submission:

1. Vendors must log into the FBO System to be able to submit electronic responses for opportunities.

2. Vendors must be registered in the System for Award Management (SAM) at www.sam.gov (a Federal Government owned and operated free web site) and have a CAGE Code and CCR Marketing Partner Identification Number (MPIN).

3. Once logged into the FBO System, vendors will be asked to enter basic information and directed to upload one or more files containing the proposal/quote and any additional information as outlined in the solicitation.

4. FBO will send an email to vendor’s registered email address confirming the electronic submission.

5. For additional information on submitting electronic bid responses via the FBO system see the FBO Vendor Guide – Section 4.3.1 “Submitting an Electronic Response” (https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf).

COMBINE SYNOPSIS/SOLICITATION W56HZV-15-R-A882

* Changed by Amendment 0001

(d) Note to offerors:

Please pay close attention to the solicitation closing date and time as stated on the cover page of this solicitation, local time for the Army contracting Command – Warren (DTA), Michigan. In accordance with FAR 15.208(a), offerors are responsible for submitting proposals, and any revisions, and modifications, so as to be received by the Government office designated in the solicitation by the time specified.

It is the responsibility of the Offeror to ensure the proposal/quote is received by the date and time specified on the cover page of this solicitation. In accordance with FAR 15.208, if the proposal/quote was not received at the initial point of entry to the Government infrastructure (in this case, received through FBO) by the exact date and time specified on the cover page of this solicitation, it will be determined late. Proposal/quote is defined to mean ALL volumes or parts required in the solicitation are included in the electronic submission.

Note: There is no "expected" or "target" length of time for proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission.

Solicitations may remain posted on the FBO after the solicitation closing date. If the response deadline has passed for the solicitation, vendors will no longer be able to submit electronic responses.

(e) Any award issued as a result of this solicitation will be distributed electronically. In the event of a FOIA request for a copy of any award issued as a result of this solicitation, or any subsequent modifications to the contract, the contract and modifications will be released, including the awarded unit price. This is the notice required by Executive Order 12600 (June 23, 1987) of our intention to release unit prices in response to any request under the Freedom of Information Act (FOIA), 5 USC 552. Unit price is defined as the contract price per unit or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or Pricing data/information. If you object to such release in the base contract or contract modifications, and you intend to submit an offer, notify the contracting officer in writing prior to the closing date identified in this solicitation and include the rationale for your objection consistent with the provisions of FOIA. A release determination will be made based on rationale given.

(f) Questions pertaining to this solicitation should be directed to the Contract Specialist identified in Block 10 on the cover page of this solicitation. For technical assistance in doing business with the Government, and doing business electronically, please visit the Procurement Technical Assistance Center (PTAC) website at http://www.aptac- us.org/ to locate a regional center.

[End of Notice]

52.209-4011 (TACOM) CONTRACTOR RESPONSIBILITY AND ELIGIBILITY FOR AWARD

(JAN 2001)

(a) We'll award a contract to the offeror that:

(1) submits the lowest evaluated offer if award is based on price only, or the offer that provides the best value to the Government if factors in addition to price are identified in Section M, and

(2) submits a bid or proposal that meets all the material requirements of this solicitation, and

(3) meets all the responsibility criteria at FAR 9.104.

(b) To make sure that you meet the responsibility criteria at FAR 9.104 we may:

COMBINE SYNOPSIS/ SOLICITATION W56HZV-15-R-A882

(1) arrange a visit to your plant and perform a preaward survey;

(2) ask you to provide financial, technical, production, or managerial background information.

(c) If you don't provide us with the data we ask for within 7 days from the date you receive our request, or if you refuse to have us visit your facility, we may determine you nonresponsible.

(d) If we visit your facility, please make sure that you have current certified financial statements and other data relevant to your bid or proposal available for our team to review.

[End of Provision]

52.211-4517 (TACOM)

PACKAGING REQUIREMENTS (COMMERCIAL) (DEC 2014)

(a) The preservation, packing, and marking requirements for this contract/order shall be accomplished in accordance with the performance requirements defined herein. The following Packaging requirements shall apply:

LEVEL OF PRESERVATION: Commercial LEVEL OF PACKING: Commercial

QUANTITY PER UNIT PACKAGE: -TBD-

(1) Packaging: Preservation, packaging, packing, unitization and marking furnished by the supplier shall provide protection for a minimum of one year and meet or exceed the following requirements. It also provides for multiple handling, redistribution and shipment by any mode.

(2) Cleanliness: Items shall be free of dirt and other contaminants which would contribute to the deterioration of the item or which would require cleaning by the customer prior to use. Coatings and preservatives applied to the item for protection are not considered contaminants.

(3) Preservation: Items susceptible to corrosion or deterioration shall be provided protection by means of preservative coatings, volatile corrosion inhibitors, desiccants, waterproof and/or water-vaporproof barriers.

(4) Cushioning: Items requiring protection from physical and mechanical damage (e.g. fragile, sensitive, material critical) or which could cause physical damage to other items, shall be protected by wrapping, cushioning, pack compartmentalization, or other means to mitigate shock and vibration to prevent damage during handing and shipment.

(b) Unit Package: A unit package shall be so designed and constructed that it will contain the contents with no damage to the item(s), and with minimal damage to the unit pack during shipment and storage in the shipping container, and will allow subsequent handling. The outermost component of a unit package shall be a container such as a sealed bag, carton or box. Unit packs shall be designed to conserve weight and cube while retaining the protection required and enhancing standardization.

(c) Unit Package Quantity: Unless otherwise specified, the unit package quantity shall be one each part, set, assembly, kit, etc.

(d) Intermediate Package: Intermediate packaging is required whenever one or more of the following conditions exists:

(1) The quantity is over one (1) gross of the same national stock number,

(2) Use enhances handling and inventorying,

(3) The exterior surfaces of the unit pack is a bag of any type, regardless of size,

(4) The unit pack is less than 64 cubic inches,

(5) The weight of the unit pack is under five (5) pounds and no dimension is over twelve (12) inches.

Intermediate containers shall be limited to a maximum of 100 unit packs, a net load of 40 pounds, or a maximum volume of 1.5 cubic feet, whichever occurs first.

(e) Packing:

(1) Unit packages and intermediate packages not meeting the requirements for a shipping container shall be packed in shipping containers. All shipping containers shall be the most cost effective and shall be of minimum cube to contain and protect the items.

(2) Shipping Containers: The shipping container (including any necessary blocking, bracing, cushioning, or waterproofing) shall comply with the regulations of the carrier used and shall provide safe delivery to the destination at the lowest tariff cost. The shipping container shall be capable of multiple handling, stacking at least ten feet high, and storage under favorable conditions (such as enclosed facilities) for a minimum of one year.

(f) Unitization: Shipments of identical items going to the same destination shall be palletized if they have a total cubic displacement of 50 cubic feet or more unless skids or other forklift handling features are included on the containers. Pallet loads must be stable, and to the greatest extent possible, provide a level top for ease of stacking. A palletized load shall be of a size to allow for placement of two loads high and wide in a conveyance. The weight capacity of the pallet must be adequate for the load. The preferred pallet is a 40 x 48 inch, 4-way entry pallet although variations may be permitted as dictated by the characteristics of the items being unitized. The load shall be contained in a manner that will permit safe handling during shipment and storage.

(g) Marking:

(1) All unit packages, intermediate packs, exterior shipping containers, and, as applicable, unitized loads shall be marked in accordance with MIL-STD-129, Revision P, Change Notice 4, dated 19 Sep 2007, including bar coding and Military Shipment Label (MSL). The contractor is responsible for application of special markings as discussed in the Military Standard regardless of whether specified in the contract/order or not. Special markings include, but are not limited to, Shelf-life markings, structural markings, and transportation special handling markings. The marking of pilferable and sensitive materiel will not identify the nature of the materiel. Passive RFID tagging is required in all contracts that contain DFARS clause 252.211-7006. For details and most recent information, see http://www.acq.osd.mil/log/sci/DoD_Suppliers_Passive_RFID_Info_Guide.html for the current DoD Suppliers’ Passive RFID Information Guide.

When an item is assigned Unique Item Identifier (UII) markings, as indicated by the inclusion of contract clause DFARS 252.211-7003, refer to the DoD Guide to Uniquely Identifying Items (available at http://dodprocurementtoolbox.com/page/unique-id/tools) for development of the UII and MIL-STD-129 for UII package marking requirements. Contractors must verify the RFID and UII clauses cited above are included in this solicitation/contract.

(h) Hazardous Materials (As applicable):

(1) Hazardous Materials is defined as a substance or waste which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated. (This includes all items listed as hazardous in Titles 29, 40 and 49 CFR and other applicable modal regulations effective at the time of shipment.)

(2) Packaging and marking for hazardous material shall comply with the requirements herein for the mode of transport and the applicable performance packaging contained in the following documents:

· International Air Transport Association (IATA) Dangerous Goods Regulations

· International Maritime Dangerous Goods Code (IMDG)

· Code of Federal Regulations (CFR) Title 29, Title 40 and Title 49

· Joint Service Regulation AFJMAN24-204(I)/TM38-250/NAVSUPPUB 505/MCO P4030.19(I)/DLAM 4145.3(I) (for military air shipments).

(3) If the shipment originates from outside the continental United States, the shipment shall be prepared in accordance with the United Nations Recommendations on the Transport of Dangerous Goods in a manner acceptable to the Competent Authority of the nation of origin and in accordance with regulations of all applicable carriers.

(4) A Product Material Safety Data Sheets (MSDS) is required to be included with every unit pack and intermediate container and shall be included with the packing list inside the sealed pouch attached to the outside of the package.

(i) Heat Treatment and Marking of Wood Packaging Materials:

(1) In accordance with DOD 4140.625-M and the requirements of the International Standards for Phytosanitary Measures 15 (ISPM), “Regulation of Wood Packaging Material in International Trade,” current edition, (hereinafter “ISPM 15”), the following commercial heat treatment and marking process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood Packaging Material (WPM). Foreign manufacturers shall comply with ISPM 15, and have the WPM heat treatment and marking verified in accordance with their National Plant Protection Organization’s compliance program.

(2) Boxes/pallets and any wood used as inner packaging made of non-manufactured wood shall be heat- treated. All WPM using a conventional steam or dry kiln heat chamber (treatment code for the mark: HT) shall be heat treated to a minimum core temperature of 56 degrees Celsius for a minimum of 30 minutes, and certified by an agency accredited by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see URL: http://www.alsc.org). WPM heat treated wood using dielectric heating (treatment code for the mark: DH) shall follow the requirements in ISPM 15, and shall be certified by an agency accredited by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see URL: http://www.alsc.org). The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall ensure the materials used in manufacture can be traced to the original source of heat treatment, and that the original source of the heat treatment obtained the necessary certifications.

(3) Marking. Each box/pallet shall be marked to show the conformance to the International Plant Protection Convention Standard. The ALSC approved quality mark shall be placed on both ends of the outer packaging, between the end cleats or end battens. Pallet markings shall be applied to the side of the stringer or end of the block on diagonally opposite sides and ends of the pallet and be contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved DUNNAGE stamp.

(j) Quality Assurance: The contractor is responsible for establishing a quality system. Full consideration to examinations, inspections, and tests will be given to ensure the acceptability of the commercial package.

(k) SUPPLEMENTAL INSTRUCTIONS: NA

[End of Clause]

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:

NA (Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are NA. (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to 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 (MAR 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.

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 ( business concern) is, ( ) is not a small

(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 ( not a veteran-owned small business concern.) is, ( ) is

(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 ( disadvantaged business concern as defined in 13 CFR 124.1002.

) is, (

) is not a small

(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 ( owned small business concern.

) is, (

) is not a women-

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

(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 eachestablishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or 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:

(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…