W81XWH-16-T-0371.docx

W81XWH-16-T-0371

Section SF 1449 - CONTINUATION SHEET

Preventive Maintenance Services

FFP

Preventive Maintenance Services in accordance with the performance work statement.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010796105

NET AMT

Contractor Manpower Reporting

FFP

Input of the accounting for contract services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in Section C for specific reporting information. The Unit Identification Code (UIC) for the Walter Reed Army Institute of Research (WRAIR) is WT0J3Y. The Contractor Manpower Reporting is an annual 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. The contractor shall provide evidence of compliance with the CMR requirement to the COR, Contract Specilaist, and Contracting officer no later than 30 November of each calendar year.

NET AMT

FFP

Preventive Maintenance Services in accordance with the performance work statement.

NET AMT

FFP

Input of the accounting for contract services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in Section C for specific reporting information. The Unit Identification Code (UIC) for the Walter Reed Army Institute of Research (WRAIR) is WT0J3Y. The Contractor Manpower Reporting is an annual 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. The contractor shall provide evidence of compliance with the CMR requirement to the COR, Contract Specilaist, and Contracting officer no later than 30 November of each calendar year.

NET AMT

FFP

Preventive Maintenance Services in accordance with the performance work statement.

NET AMT

FFP

Input of the accounting for contract services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in Section C for specific reporting information. The Unit Identification Code (UIC) for the Walter Reed Army Institute of Research (WRAIR) is WT0J3Y. The Contractor Manpower Reporting is an annual 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. The contractor shall provide evidence of compliance with the CMR requirement to the COR, Contract Specilaist, and Contracting officer no later than 30 November of each calendar year.

NET AMT

FFP

NET AMT

FFP

Input of the accounting for contract services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in Section C for specific reporting information. The Unit Identification Code (UIC) for the Walter Reed Army Institute of Research (WRAIR) is WT0J3Y. The Contractor Manpower Reporting is an annual 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. The contractor shall provide evidence of compliance with the CMR requirement to the COR, Contract Specilaist, and Contracting officer no later than 30 November of each calendar year.

NET AMT

FFP

NET AMT

FFP

Input of the accounting for contract services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" paragraph in Section C for specific reporting information. The Unit Identification Code (UIC) for the Walter Reed Army Institute of Research (WRAIR) is WT0J3Y. The Contractor Manpower Reporting is an annual 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. The contractor shall provide evidence of compliance with the CMR requirement to the COR, Contract Specilaist, and Contracting officer no later than 30 November of each calendar year.

NET AMT

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS)

Title: Preventive maintenance, technical assistance and remedial services to provide required maintenance on government owned LUMINEX® Model 100/200 DNA Analyzer systems, outlined in Technical Exhibit-2, located at The Walter Reed Army Institute of Research (WRAIR) currently used by the Departments of Experimental Therapeutics, Malaria, Viral Diseases and Bacterial Diseases in the pursuit of scientific research and development.

1. Background and Objectives

Walter Reed Walter Reed Army Institute of Research (WRAIR) conducts biomedical research that is responsive to Department of Defense and U.S. Army requirements, delivering life-saving products including knowledge, technology, and medical materiel that sustain the combat effectiveness of the war fighter. The LUMINEX® DNA model 100/200 Analyzers and their components (listed in Technical Exhibit 3) support research being performed in the Departments of Experimental Therapeutics, Malaria, Viral Diseases, and Bacterial Diseases in analyzing DNA samples vital to the research. In order to remain functional, the equipment requires preventive maintenance services, emergency repairs and software support. These services have been covered by contracts through medical maintenance since 2009. The objective of this action is to have an uninterrupted operational ready piece of equipment maintained at a high level of performance to complete complicated tasks during research projects.

1. Requirements/Scope

The contractor shall provide one annual service visit for preventive maintenance as well as remedial service and repair as needed. Remote services will include emergency support via telephone or computer on a 24–7–365 availability as outlined in section 2.B of this PWS for all equipment listed in Technical Exhibit 3. The contractor is to provide complete system protection of all units as listed in Technical Exhibit 3 list of equipment in this PWS. All work to be performed by competent field service engineers trained on the operation of this equipment.

Required tasks are as follows:

A: Provide one Preventive Service (PM) visit per 12 month period :

Only Original Equipment Manufacturer (OEM) trained technicians and materials necessary to maintain manufacturers operating specification will be used. Documentation will be furnished at completion to include a Field Service Report as outlined in Section 3.

B: Each PM visit shall include:

C: Provide unlimited emergency repair visits as needed.

1. Emergency response will be within 48 hours of receiving the request.

1. Provide end user and medical maintenance a field service report outlining the steps taken to correct all problems encountered.

1. Upon arrival at WRAIR the field service engineer (FSE) must sign in at room GN01 Medical Maintenance Office. The FSE must sign out upon completion of all work. This process ensures the FSE goes to the proper equipment and WRAIR.

D: Provide unlimited 24-7-365 remote support Remote support will be provided by telephone or e-mail.

1. Deliverables/Schedule

1. Field Service Reports (FSRs): to be provided within a 20 calendar day time frame from completion of the required maintenance and/or repair visit (includes PM visits and emergency repair visits).

2. Invoice/Hard Copy: Shall include detailed invoices describing services and costs associated with work performed.

Field Service Reports

* All deliverables will be furnished to the Contracting Officer’s Representative (COR) at The Walter Reed Army Institute of Research, Building 503, Robert Grant Avenue, Silver Spring MD 20910, Department of Medical Maintenance or Email:

usarmy.detrick.medcom-wrair.mbx.equipment-management@mail.mil.

1. Place and Period of Performance

Work will be performed on-site at The Walter Reed Army Institute of Research, Forest Glen Annex, Building 503 in the areas specified by Technical Exhibit 3 The period of performance time line is to be determined and the length is for a 1 year period. Date of Award (DOA) through 12 months of performance. At the discretion of the Contracting Officer the option periods may not apply,

1. Government Furnished Access/Utilities

The Government will provide the contractor with on-site access at WRAIR.

The Government is responsible to provide reasonable amounts of utilities and services during execution of this PWS at the WRIAR Facility The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

1. Work Schedule

On-site work is to be done at WRAIR, 503 Robert Grant Avenue, Silver Spring, MD. The on-site contractor’s work periods shall be during the normal duty hours between 0730 and 1700, Monday through Friday. The on-site contractor shall not work during federal holidays or required on-site during base closures due to weather or emergencies.

7.0 Antiterrorism/Operations Security

AT Level I training. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 90 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil

QASP

Quality Assurance Surveillance Plan for Luminex® DNA Analyzer system services contract: The government will monitor the contractor’s performance under this PWS, see Technical Exhibit 01.

See Technical Exhibit 01

DELIVERABLES

DELIVERABLES SCHEDULE

see TECHNICAL EXHIBIT 02

EQUIPMENT LISTING

EQUIPMENT LISTING

SEE TECHNICAL EXHIBIT 03

INSTRUCTIONS TO OFFERORS

Interested offerors are requested to provide pricing data on the base period and all option periods.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-AUG-2017

WALTER REED

503 ROBERT GRANT AVENUE, ROOM 2S04

SILVER SPRING, MD DC 20910

W74MYF

30-AUG-2017

W74MYF

30-AUG-2018

W74MYF

30-AUG-2018

W74MYF

30-AUG-2019

W74MYF

30-AUG-2019

W74MYF

30-AUG-2020

W74MYF

30-AUG-2020

W74MYF

30-AUG-2021

W74MYF

30-AUG-2021

W74MYF

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

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

(b) The Contract Specialist (CS) is the point of contact for this acquisition. Any questions or concerns regarding this acquisition shall be submitted electronically via e-mail to flodean.p.billings.civ@mail.mil and the Contracting Officer laura.a.tomitz.civ@mail.mil no later than 23 August 2016 at 9:00 AM Eastern Standard Time.

(c) Submission of offers. The Offeror shall submit their quotation electronically to flodean.p.billings.civ@mail.mil in accordance with the instructions outlined below:

Failure to submit all documents concurrently and in accordance with these instructions may render a proposal UNACCEPTABLE. The offeror's proposal shall consist of three volumes:

Volume I – Business proposal Volume II – Technical proposal Volume III – Past Performance

Document Format Submission:

The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and RFQ number in the header and/or footer. A Table of Contents should be created using the Table of Content feature in MS Word. MS Word (doc) files shall use the following page setup parameters:

Margins - Top, Bottom Left, Right - 1" Gutter - 0" From Edge - Header, footer - 0.5" Page Size, Width - 8.5" Page Size, Height - 11"

Printing should be single spaced. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial font is required. Tables and illustrations may use a reduced font size no less than 10-point and may be landscape.

Quotes must be submitted in a Microsoft 2000 (or newer) program on Microsoft Word. PDF Format is also an acceptable format for electronic submissions.

Files shall not contain classified data. The use of hyperlinks in quotes is prohibited. Offerors are cautioned that “regurgitation” of the Technical requirements or the PWS with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each quote. Proprietary information shall be clearly marked.

Content Requirement: All information shall be confined to the appropriate file. The Offeror shall insure that submissions are clear, specific, complete and limited to essential matters, sufficient to define the proposal in a concise manner, to permit a complete and accurate evaluation of each proposal. Content shall be indexed (cross-indexed, as appropriate) and logically assembled. Each file of the proposal shall consist of a Table of Contents, Summary Section, and the Narrative discussion. The Summary Section shall contain a brief abstract of the file.

Note: The following are not subject to the page limits listed above:

(1) Proposal is due electronically: Monday, 29 August 2016 at 0900 a.m. EST and shall be submitted to Ms. Flodean Billings at flodean.p.billings.civ@mail.mil.

(2) Business Proposal (Volume I) shall include:

(A) Company Cover Letter

(B) Completed SF 1449 - Solicitation, Offer and Award;

(C) Acknowledgement of Solicitation Amendments (if applicable);

(D) Representations and Certifications at FAR 52.212-3

(E) Completed Key Personnel clause

(F) Dun & Bradstreet Number (DUNS), CAGE Code, and Tax Identification Number (TIN);

(G) Pricing

(H) The Offeror's proposal must stipulate that it is predicated upon all the terms and conditions of this solicitation.

(3) Technical Proposal (Volume II) shall include:

(A) Technical Approach:

(i) The offeror shall provide a written narrative that effectively demonstrates how they intend to meet the Government requirements outlined in the performance work statement (PWS) with specific emphasis on:

- A clear understanding of all the tasks required to be performed.

- The methodology and flexibility they will use in performing the requirement.

- How the approach is likely to yield the required results within the required time frame.

(B) Experience: The offeror shall provide a written narrative that effectively demonstrates experience that is identical, similar or related to the requirements outlined in the PWS.

(C) Past Performance (Volume III):

(i) The Offeror shall submit a listing of no more than three (3) references for Government and/or commercial contracts for the prime Offeror and one (1) reference of each major subcontractor (if applicable) in performance or awarded during the past three (3) years which are relevant to the efforts required by this solicitation. Relevant efforts are defined as services/efforts that are the same as or similar to the effort required by the solicitation. Data concerning the Offeror shall be provided first, followed by each proposed major subcontractor, in alphabetical order.

(ii) The Offeror shall provide the following information:

(a) Contract Number, Contract Type (Fixed Price, Cost Reimbursement, etc.), Awarded price, Award Date, Completion Date

(b) Government contracting activity, current address, Contracting Officer's name, e-mail address and telephone/fax numbers.

(c) Government technical representative/COR, current e-mail address, telephone/fax numbers.

(d) Narrative of work being performed

(D) Price: The Offeror shall provide a statement of the methodology and assumptions used as the basis for pricing the services. The price must be sufficiently detailed to evaluate the reasonableness and realism for the proposed level of effort. Offeror's shall address, at a minimum, the proposed level of effort in terms of hours, all escalation factors applied and calculations of all direct cost factors.

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

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

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

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

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

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

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

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

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

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

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

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

(h) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

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

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

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

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

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

(4) A summary of the rationale for award;

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

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

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:

Factor 1 - Technical Approach - The proposal shall be evaluated to the degree that the offeror has clearly demonstrated how they intend to meet the Government requirements outlined within the performance work statement (PWS). The adjectival rating for this factor is Acceptable or Unacceptable.

Factor 2 - Experience - The proposal shall be evaluated to the degree that the offeror has clearly demonstrated the requisite experience that will enable them to meet the Government requirements outlined within the PWS. The adjectival rating for this factor is Acceptable or Unacceptable.

Factor 3 - Past Performance - The proposal shall be evaluated to the degree that the offeror has demonstrated past performance that is relevant to the size, scope and complexity required by the PWS and how well the offeror performed the work. The Offeror shall provide a brief description of no more than three (3) contracted projects that focus on the performance of laboratory support services within the past three (3) years from solicitation release date. The narrative shall include a reference point of contact, contract dollar value, and dates of contract performance. It is not sufficient to state that the reference is similar in magnitude, scope and complexity; the offeror shall provide evidence to demonstrate the comparability of the reference.

Factor 3 - Price - The award will be a Firm Fixed-Price contract. The Government will evaluate price reasonableness by performing a price analysis to insure that the final agreed-to price is fair and reasonable and consistent with the proposed level of effort. The price analysis will consider the total price, including options.

The Price Factor will not be assigned an adjectival rating.

Technical, experience and past performance, when combined, are significantly more important than price.

Technical Acceptable/Unacceptable Ratings for Factors 1 and 2:

Past Performance Rating Scale for Factor 3:

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2016)

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 located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

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

Veteran-owned small business concern means a small business concern--

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(10) 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…