Solicitation_W8WXWH12R0117.doc

Section SF 1449 - CONTINUATION SHEET

24" DUAL SAND AND DUST CHAMBER

FFP

24" Dual Sand and Dust Chamber in accordance with the Performance Work Statement.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010192082

NET AMT

INSTALLATION

INSTALLATION

NET AMT

TRAINING

TRAINING

NET AMT

CALIBRATION CERTIFICATE AND ACCEPTANCE

CALIBRATION AND ACCEPTANCE

NET AMT

CUSTOMER CARE PROGRAM 1 YEAR

CUSTOMER CARE PROGRAM 1 YEAR

NET AMT

ADDITIONAL INSTRUCTIONS

ADDITIONAL INSTRUCTIONS TO OFFERORS PERTAINING TO THIS REQUEST FOR PROPOSAL:

Set-Aside Status:

The cover page of this solicitation states this requirement is set aside for Service Disabled Veteran-owned Small Businesses. However, it will be 100% set-aside for Veteran-Owned Small Businesses.

Incumbent:

Not Applicable. This is a firs time purchase/service.

Basis of Award:

Award shall be on a “Low Cost, Technically Acceptable” basis. See FAR 52.212-2.

Submission of offers:

Signed and dated offers are to be submitted in the Army Single Face to Industry (ASFI) website – https://acquisition.army.mil/asfi/, under the reference RFP Number W81XWH-12-R-0117, or by email to monica.pileggi@us.army.mil. Offers can also be submitted to the office specified below:

USAMRAA

MCMR-AAA-W/M. Pileggi

820 Chandler Street

Fort Detrick, MD 21702-5014

On or before the exact time specified in this solicitation (Block 9). All packages must be clearly marked with Solicitation Number W81XWH-12-R-0117.

Submission of Questions and Government Response:

Offerors are instructed to submit any questions regarding this RFP no later than 26 September, 2012 at 2:00 PM Eastern Time to the Contract Specialist at monica.pileggi@us.army.mil.

The Government will answer all relevant and appropriate questions via an Admendment. No questions will be addressed after this date. Questions not submitted electronically will not be answered. Answers to all relevant and appropriate questions will be issued via amendment to the RFP.

Submission of Proposal:

Offerors are to submit an offer to the government as 2 separate volumes.

Volume 1. Technical Proposal is limited to 10 two-sided pages. Pages should be numbered consecutively throughout the document and not by sections. For any sections of a proposal with a defined page limit, pages exceeding the specified limit will be removed and not forwarded for evaluation. Table of Contents, Title page, Cover Page are NOT subject to page limits.

No pricing data or pages shall be included in the Technical Proposal.

Volume 2. Business Proposal shall consist of a completed and signed Standard Form (SF) 1449 (Solicitation, Offeror and Award) and pricing. The U.S. Army Medical Research Acquisition Activity (USAMRAA) is the sole point of contact for this acquisition for addressing any questions or concerns.

Document Format:

Proposals shall be submitted in 12-point Times New Roman font with 1” margins.

A page is defined as one side of a sheet, 8-1/2" X 11", with at least one inch margins on all sides, using not smaller than 12 point type, with the exception of tables and charts, for which not smaller than 8-point type may be used.

Other Documentation to be Submitted with Proposal:

Representations and Certifications with the Federal Tax ID number, Cage Code, and DUNS numbers filled out.

Current CCR Registration.

Proposal Due Date and Time: All offers are due 17 October, 2012 2:00pm Eastern Time.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

1. TITLE – Installation and setup of Blowing Sand and Dust Chamber

2. GENERAL – A blowing sand and dust chamber is needed for the US Army Aeromedical Research Laboratory (USAARL) at Fort Rucker, AL, to perform airworthiness certification testing on medical items. The test chamber will be procured and will be installed at USAARL facility. Installation will require setup, checkout, and training by the vendor.

3. TASKS –

The government will be responsible for providing a suitable installation site and utility connections for chamber.

TASK 1 Contractor will provide one blowing sand and dust chamber that meets the essential characteristics listed in Appendix A.

TASK 2 Contractor will install the equipment in the USAARL facility and complete diagnostic and performance verification that the equipment is in proper working order.

TASK 3 Contractor will calibrate the equipment according to ISO 17025 requirements and supply USAARL with proper calibration certificates as required by ISO 17025.

TASK 4 Contractor will train on-site a minimum of three personnel on the proper use and appropriate troubleshooting techniques for the equipment as well as obtaining digital data output from the equipment.

USAARL will provide a suitable installation site and utility connections for chamber.

4. PERFORMANCE –

Performance of the contractor will monitored by the COR using the surveillance methods listed in the QASP.

5. QUALIFICATION REQUIREMENTS –

Contractor must be qualified in installation, calibration, and training of the procured blowing sand and dust chamber.

6. PLACE, DELIVERY, AND PERIOD OF PERFORMANCE –

a. Place of Performance: All work will be done at the USAARL facility.

b. Delivery of the chamber: Within 180 calendar days from date of award.

c. Period of Performance: 30 days from chamber delivery. Task 3 includes successful recalibration after 1 year.

7. CONTRACTING OFFICER’S REPRESENTATIVE (COR) – TBD

8. ADMINISTRATIVE POINT OF CONTACT – TBD

9. CAPABILITY STATEMENT – USAARL does not have the necessary in-house capability to perform the work specified in this statement of work.

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

1. PURPOSE:

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated non-personal services contract. This QASP explains the following:

What will be monitored?

How monitoring will take place.

Who will conduct the monitoring?

How monitoring efforts and results will be documented.

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. In addition, the QASP should recognize that unforeseen and uncontrollable situations may occur.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Updates shall ensure that the QASP remains a valid, useful, and enforceable document. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

a. QASP RELATION TO THE SOLICITATION:

QASPs shall be developed and appear in every solicitation, as well as the resultant service contract. The Government will retain the right to change the surveillance methods and Quality Assurance (QA) procedures, or to increase or decrease the degree of surveillance efforts at any time necessary to assure contract compliance

b. REVISIONS TO THE QASP:

The QASP is a tool for use in Government administration of the Performance Work Statement/Statement of Work (PWS/SOW) and remains subject to revision at any time by the Government throughout the contract performance period. Revisions to this surveillance plan are the responsibility of the Contracting Officer’s Representative (COR). Changes to the QASP shall be made bilaterally.

The contractor will assume responsibility for all tasks and deliverables in the PWS under this award. As the performance period progresses, the levels of surveillance may be altered for service areas in cases where performance is either consistently excellent or consistently unsatisfactory. If observations reveal consistently good performance, then the amount of surveillance may be reduced. If observations reveal consistent deficiencies, increased surveillance may be implemented.

2. Government Roles and Responsibilities:

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (KO) - The KO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The KO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The KO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

b. Contracting Officer’s Representative (COR) – The COR will be located at USAARL, Fort Rucker AL. The COR will be responsible for technical administration of the contract, and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. At the conclusion of the contract or when requested by the KO, the COR shall provide documentation to the KO. A COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. The contractor shall refer any changes they deem may affect contract price, terms, or conditions to the KO for action.

3. Contractor Roles and responsibilities:

The contractor is responsible for delivering services in accordance with the Contract. The contractor shall appoint a single off-site point-of-contact to act as a central recipient of communication from the Government.

4. Contract Quality Requirements:

a. Contract quality requirements are the technical requirements in the contract relating to the quality of the service and those contract clauses prescribing inspection, and other quality controls incumbent on the contractor, to assure that the service conforms to the contractual requirements. Government contract quality assurance shall be performed at such times and places as may be necessary to determine that the services conform to the contract requirements. Failure to meet or exceed the contract quality requirements is defined as a “nonconformance” on the part of the contractor. The contractor shall be held responsible for any identified nonconformance, and the government may require the work to be re-performed.

b. The Government’s contract quality assurance is defined as follows:

1. “Acceptance” means the act of an authorized representative of the Government by which the Government, for itself or as agent of another, assumes ownership of existing identified supplies tendered or approves specific services rendered as partial or complete performance of the contract.

2. “Conditional acceptance” means acceptance of supplies or services that do not conform to contract quality requirements, or are otherwise incomplete, that the contractor is required to correct or otherwise complete by a specified date.

3. “Minor nonconformance” means a nonconformance that is not likely to materially reduce the usability of the supplies or services for their intended purpose, or is a departure from established standards having little bearing on the effective use or operation of the supplies or services.

4. “Major nonconformance” means a nonconformance, other than critical, that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose.

5. “Critical nonconformance” means a nonconformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; or is likely to prevent performance of a vital agency mission.

c. Documentation:

1. Thorough documentation of unperformed or nonconformance is essential for tracking contractor performance throughout the period of performance. The COR will document deficient work by compiling facts describing the inspection methods and results. The COR will develop documentation to substantiate nonconformance with the Contract.

2. Remedial Action by the Contracting Officer:

(i) Shall notify the contractor in writing of the nonconforming service;

(ii) Shall request that the contractor perform the service, at no cost to the Government; and

(iii) May accept consideration if offered. For guidance on solicitation of a refund, see Subpart 242.71. In accordance with FAR 52.246-4: Inspection of Services-Fixed-Price, the Government may require the contractor to re-perform any services that do not conform to contract requirements. If the defects cannot be corrected by re-performance, the KO may either require the contractor to take the necessary action to ensure that future performance conforms to the requirements, or the KO may reduce the Contract price to reflect the reduced value of the services performed. At an extreme decision point, penalties may include a decision not to exercise contract options. The KO will determine the penalty for nonconformance based upon his or her judgment and the severity of the nonconformance.

5. PERFORMANCE STANDARDS:

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Matrix, shown below, includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

6. INCENTIVES: the Government shall use POSITIVE PERFORMANCE EVALUATION REPORTS as incentives. Incentives shall be based on exceeding, meeting or not meeting perfomrnace standards.

7. Methods of Quality Assurance Surveillance:

Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP.

Regardless of the surveillance method, the COR shall always contact the contractor's point of contact inform the manager of the specifics of the problem. The COR shall be responsible for monitoring the contractor’s performance in meeting the contract’s quality requirements.

a. 100% INSPECTION. All outputs will be evaluated as described in the performance standards section.

b. PERIODIC SAMPLING. Proficiency tests will be conducted at least monthly and when a deficiency is suspected. Calibration re-performed at one (1) year.

c. USER SURVEY. Trainees will be surveyed upon completion of task to ensure performance standards have been met.

Surveillance results may be used as the basis for actions (to include payment deductions) against the contractor. In such cases, the Inspection of Services clause in the Contract becomes the basis for the KO’s actions.

8. Ratings:

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:

8. DOCUMENTING PERFORMANCE.

a. ACCEPTABLE Performance.

The Government shall document positive performance. A report template is attached. Any report may become a part of the supporting documentation for fixed fee payments, award fee payments, or other actions.

b. UNACCEPTABLE performance.

When unacceptable performance occurs, the COR shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.

When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's task manager or on-site representative. A CDR template is attached to this QASP.

The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COR. The Government shall review the contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for contract payment deductions, fixed fee deductions, award fee nonpayment, or other actions deemed necessary by the KO.

9. Frequency of Measurement.

a. Frequency of Measurement.

During contract/order performance, the COR shall take periodic measurements as specified in the AQL column of the Performance Standards Summary Matrix, and shall analyze whether the negotiated frequency of measurement is appropriate for the work being performed.

b. Frequency of Performance Assessment Meetings.

The COR shall meet with the contractor annually to assess performance and shall provide a written assessment.

USAARL will provide interim assessments after surveillance activities and a final assessment at the end of the contract.

A positive performance evaluation report will be provided as each task is completed.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

W03Y USA AEROMED RSCH LAB

BLDG 6901

FERRELL RD

FT RUCKER AL 36362-5152

210-295-2896

W31NWX

W31NWX

W31NWX

W31NWX

W31NWX

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

CONTRACTOR MANPOWER REPORTING (CMR) - (ACCOUNTING FOR CONTRACT SERVICES) (APR 2011) (USAMRAA)

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including sub-contractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://cmra.army.mil. The required information includes: (l) Contract Number; (2) Delivery Order Number (If applicable); (3) Task Order Number (If applicable); (4) Requiring Activity Unit Identification Code (UIC); (5) Command; (6) Contractor Contact Information; (7) Federal Service Code (FSC); (8) Direct Labor Hours; (9) Direct Labor Dollars; and, (10) Location. In the event the Contracting Officer's Representative (COR)/Contracting Officer's Technical Representative (COTR) has not entered their data requirements first, the contractor must also enter the COR/COTR required data with the exception of fund cite, obligations, and disbursement data. The CMRA help desk can be reach at 703-695-5103 or 703-695-5058 for any technical questions. The help desk can also be contacted via email: contractormanpower@hqda.army.mil. As part of its quote or offer, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. The reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year.

ARMY ELECTRONIC INVOICING INSTRUCTIONS (FEB 2006)

Contractor shall submit payment request using the following method(s) as mutually agreed to by the

Contractor, the Contracting Officer, the contract administration office, and the payment office.

___X____ Wide Area Workflow (WAWF) (see instructions below)

________ Web Invoicing System (WInS)(https://ecweb.dfas.mil)

________ American National Standards Institute (ANSI) X.12 electronic data interchange (EDI) formats

(http://www.X12.org and http://www.dfas.mil/ecedi)

________ Other (please specify)____________________________________

DFAS POC and Phone:_______________________________________________

WAWF is the preferred method to electronically process vendor request for payment. This application allows DOD vendors to submit and track Invoices and Receipt/Acceptance documents electronically.

Contractors electing to use WAWF shall (i) register to use WAWF at https://wawf.eb.mil and (ii) ensure an electronic business point of contact (POC) is designated in the Central Contractor Registration site at http://www.ccr.gov within ten (10) calendar days after award of this contract/order.

WAWF Instructions

Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS)

[Contracting Office fill in DFAS location here as indicated on your purchase order/contract] at

[Contracting Office fill in DFAS vendor pay phone number here] or faxed to [Contracting Office fill in

DFAS vendor pay fax phone number here]. Please have your purchase order/contract number ready when calling about payments.

You can easily access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire about the status of your payment.

The following codes and information will be required to assure successful flow of WAWF documents.

TYPE OF DOCUMENT [Check the appropriate type)

________ Commercial Item Financing

________Construction Invoice (Contractor Only)

________ Invoice (Contractor Only)

________ (Invoice and Receiving Report COMBO)

___X____ Invoice as 2-in-1 (Services Only)

________ Performance Based Payment (Government Only)

________ Progress Payment (Government Only)

________ Cost Voucher (Government Only)

________ Receiving Report (Government Only)

________ Receiving Report With Unique Identification (UID) Data (Government Only)

UID is a new globally unique “part identifier” containing data elements used to track DoD parts through their life cycle.

________ Summary Cost Voucher (Government Only)

CAGE CODE:

ISSUE BY DODAAC: W81XWH

ADMIN BY DODAAC: W81XWH

INSPECT BY DODAAC: W31NWX

ACCEPT BY DODAAC:

W31NWX

SHIP TO DODAAC: W31NWX

LOCAL PROCESSING OFFICE DODDAC: W31NWX

PAYMENT OFFICE FISCAL STATION CODE: HQ0302

EMAIL POINTS OF CONTACT LISTING:

INSPECTOR:

ACCEPTOR:

RECEIVING OFFICE POC:

CONTRACT ADMINISTRATOR: monica.pileggi@us.army.mil

CONTRACTING OFFICER:

For more information contact Monica J. Pileggi @ 301-619-2268

EXPORT CONTRACT ACT COMPLIANCE (DEC 2006) (USAMRAA)

The contractor shall assess the work to be performed in this effort to assure that all actions are in compliance with the Export Administration Regulations, 15 CFR Part 730 (EAR), of the Export Administration Act of 1979, 50 U.S.C. app. 2401-2420 (EAA). Technology listed in the Commerce Control List (CCL), 15 CFR Part 774, of the EAR shall not be exported or exposed to foreign nationals without the written consent of the U.S. Department of Commerce.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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:

“LOWEST PRICE, TECHNICALLY ACCEPTABLE” EVALUATION FACTORS FOR AWARD

a. Basis for Award: Award of this order will be made on a competitive best value basis using the “lowest price, technically acceptable” basis. Evaluation will be made to identify all Offerors whose proposals are technically acceptable in accordance with the RFQ and the evaluation criteria set forth below. Award will be made to the Offeror from the pool of technically acceptable proposals, whose cost/price is lowest. Technical acceptability will be determined by evaluating Technical Capabilities/Specifications/Salient Characteristics and Past Performance. All technical evaluation criteria must be rated Acceptable to be considered for award. Each Offeror must fully document and substantiate a cross mapping of their cost approach as it equates to the technical approach listed in the evaluation criteria. Please note that unsubstantiated costs that are considered unrealistic or unsupported or both may cause the overall technical evaluation to be rated Unacceptable.

b. Evaluation Criteria: Each Offeror’s quote will be evaluated using the following criteria.

Acceptable: A proposal is acceptable if it demonstrates to the government evaluators that the Offeror can provide: Installation, initial on-site training, 1 year warranty, and calibration.

Unacceptable: A proposal will be deemed unacceptable if the Offeror fails to demonstrate the ability to meet the stated performance standards, or fails to provide installation, initial on-site training, 1 year warranty, and calibration or offers a technical approach that either does not meet and/or demonstrate an understanding of the requirements outlined in the PWS, or introduces too much risk. If any of the following non-cost/price evaluation factors receives an individual rating of “Unacceptable”, the entire proposal will be deemed “Unacceptable”.

(1) Technical Capabilities/Specifications/Salient Characteristics: The degree to which the Offeror’s technical quote demonstrates to the government evaluators that the offeror can provide the blowing sand/dust chamber with the requested technical capabilities/specifications/salient characteristics and recurring maintenance support described in the RFQ:

Maximum Exterior Dimensions:

25’ x15’ x16’ (W x H x D)

Temperature Range: 25ºC - 70ºC (tolerance ≤±2ºC)

Humidity: <30%RH

Air Speed: 1.0 - 28 m/s

Dust and Sand Consistency:

Dust: 3.0 - 17.6 g/m3

Sand: 0.18 - 2.2 g/m3

Temperature: 5 - 35ºC, <85% RH

480VAC/60Hz/Three Phase, 300 Amps Max

110VAC/60Hz, 30 Amps Max - accessories

(2) Past Performance: Minimum past performance requirements for this procurement include:

The offeror must provide a list of at least 3 but no more than 5, references of relevant past and present contracts for Federal, State and/or City agencies and commercial customers within the past 3 years. “Relevant” is defined as like items as stated in this solicitation’s Statement of Work in terms of similar characteristics and quantities. References must include:

Name of the Organization that will be providing the reference, Name of the Point of Contact (POC), POC Telephone Number, POC Email address, Contract Number, Period of Performance, and

Description of goods/services rendered.

The Government may also consider information obtained through other sources. Past performance information will be utilized to determine the quality of the contractor’s past performance as it relates to the probability of success of the required effort. Ensure that contract information is accurate and up-to-date, as references will be checked.

(3) Cost/Price Evaluation: The Government will conduct an appropriate cost/price analysis to determine whether prices are fair and reasonable.

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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 Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA 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 (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

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

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

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

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

(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, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

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

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

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( ) has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) 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)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --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 Act--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 Act-Free Trade Agreements-Israeli Trade…