19Q0280.pdf

W81XWH19Q0280

COMBINED SYNOPSIS SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotes are being requested and a written solicitation will not be issued. The solicitation number is W81XWH19Q0280. The solicitation is issued as a request for quotation (RFQ). Provisions and clauses in effect through Federal Acquisition Circular 2019-03 are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses https://acquisition.gov/far/index.html and http://www.acq.osd.mil/dpap/sitemap.html. The NAICS code is 339112, with a small business size of 1000 employees. This is a Small Business set-aside requirement; all qualified small business vendors are encouraged to submit a quote.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Instrument Washer

FFP

To include 3 sets of Operation and maintenance manuals, installation and testing FOB: Destination

NET AMT

0002 1 Each Set-up & User Training

FFP

https://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/sitemap.html

0003 1 Each De-Installation of exisitng equipment

0004 1 Each Warranty

SOW

Title: VSP Instrument Washer

Requiring Activity Name: Walter Reed Army Institute of Research (WRAIR), Veterinary Services Program (VSP)

1. INTRODUCTION

The WRAIR aims to conduct biomedical research that is responsive to Department of Defense and US Army requirements and delivers life-saving products including knowledge, technology and medical material that sustain the combat effectiveness of the Warfighter.

With our headquarters dedicated to Senator Daniel E. Inouye and located in Silver Spring, Maryland, the Walter Reed Army Institute of Research is the largest biomedical research facility currently serving the Department of Defense.

Established in 1893, our research and development now reaches around the world from Maryland to Germany, Thailand, and Kenya.

Our vision is to be the premier DoD biomedical research organization, constantly relevant, integrating basic research and advanced technology that protects, projects, and sustains the Warfighter today, invents global medical solutions for the future, and keeps the Warfighter on point for the Nation. We host two Centers of Excellence for Military Psychiatry and Neuroscience Research and for Military Infectious Disease Research, each center ranging from blast induced neurotrauma to malaria vaccine development.

2. SCOPE

The purpose of this requirement is to furnish all labor, materials, equipment and supervision required to remove one existing instrument washer and furnish and install one newly manufactured instrument washer. This is expected to be a turn-key process that results in fully functional equipment. The contractor shall also provide a one-year warranty covering parts and labor. In addition, the contractor will be required to provide WRAIR personnel with training in how to complete preventive maintenance and repairs. The intent is that WRAIR personnel will then assume responsibility for these activities. The training will be conducted on-site at WRAIR. The table below includes the instrument washer that will be installed for VSP by size, location and end-user.

Instrument Washer WRAIR Location End User

Washer/Decontaminator 42”Wx108”Hx32” D GW85D Veterinary Services Program

Minimum Essential Characteristics

• Vendor shall provide a two-door, pass through free-standing unit

• Both load end and unload ends equipped with an interlock system; which will allow only one of the two doors to be opened at any one time

• Contractor shall install barrier walls on load and unload end of autoclave; unload end shall include a bio-seal

• Wash chamber shall be fully insulated

• Constructed of type 304 stainless steel

• Washer will be installed in existing footprint

• Loading height shall be approximately 30” above floor

• Vendor shall provide a UL listed, CSA certified color touchscreen interface on load side of washer

• Unload side of washer shall include an emergency off switch

• Unload side shall include a thermal printer

• Washer shall not complete a thermal rinse cycle unless preset levels have been met

• Provides 180oF temperature guarantee

• Provides forced hot air convection drying

• Includes multi-purpose wash baskets

• Vendor shall install barrier wall to enclose Minimum 304 SS construction

• Provides an automatic guillotine-style pneumatic lift door with a viewing window

• Provides a minimum three level wash rack with direct connection to the solution piping system

• Provides a drain cool down system

• Provides a minimum of ten pre-programmed wash cycle selection

• Provide at least two chemical pumps; one for detergent and one for lube

• Minimum Available utilities Instrument Wash:

o 480V, 3Ph, 20A o House steam 80 PSIG dynamic pressure o 70 PSI compressed air (requires wall penetration and tie in to existing air) o Floor Drain o Cold Water

• The contractor shall provide three full sets of Operation and Maintenance manuals for each piece of equipment

Instrument Wash Unload End Load End

Footprint Dimensions: 42” W x 108” H x 32” D

3. PERIOD OF PERFORMANCE

One year (12 months) September 1, 2019 to August 31, 2020

4. WORK SCHEDULE AND LOCATION

4.1. Work Location

The work to be performed under this contract will be performed at the Walter Reed Army Institute of Research, Building 503 Robert Grant Avenue, Silver Spring, MD 20910. The Technical Point of Contact (TPOC) will coordinate with company representatives for any access that may be required at WRAIR.

4.2. Federal Holidays

4.2.1. The contractor shall not perform services on days designated as a Federal Holiday by Federal Status, Executive Order, Presidential Proclamation or Installation Commander

4.2.2. Federal holidays are an exception to the regular duty hours. Any of the holidays listed below falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday. The following is a list of legal federal holidays that services shall not be performed

The following are Federal Holidays:

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Independence Day

Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

4.3. Work Schedule

The contractor is responsible for conducting business, between the hours of 7:45 am to 4:30 pm Eastern Time, Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

5. PERFORMANCE REQUIREMENTS

5.1. General Requirements

The following general requirements apply to all activities involved with the removal of existing equipment and installation and testing of new equipment:

• All mechanical, piping, and electrical components will be readily accessible for maintenance.

• Prior to the use of any welding or cutting torches, compliance with regulatory requirements and coordination with the TPOC is the responsibility of the contractor. The contractor shall insure that all safety requirements regarding the use of the freight elevator size and weight capacities are adhered to.

• Equipment shall comply with all industry and government design, testing, assembly, and fabrication requirements for specified equipment.

5.2. Specific Tasks / Requirements

5.2.1. Removal of Existing Equipment

The contractor shall be responsible for disconnecting, disassembling and placing the existing equipment on the building 503 loading dock for removal by the government. The schedule for removal of existing equipment shall be coordinated with and approved by the TPOC. This shall be completed in accordance with the approved schedule.

(Deliverable 1)

5.2.2. Installation of New Equipment

The contractor shall be responsible for ensuring equipment can be moved from loading dock to installation location.

Any damage or changes to door openings shall be the responsibility of the contractor to repair to existing condition.

To minimize down time, the contractor shall schedule and coordinate with the TPOC the installation and testing of the new system to ensure that minimal delays in operation are experienced between the shutdown of the old system and full operation of the new system. (Deliverable 2)

5.2.3. Equipment Testing

The contractor shall test all equipment following the completion of installation and ensure that the equipment is operating in accordance with OEM performance specifications. (Deliverable 3)

5.2.4. Installation of Information Plate

Vendor shall supply an information plate permanently affixed to the instrument washer with the following information:

• Name and Address of Manufacturer

• Serial number and Unit Identification

• Chamber Pressure and Temperature Ratings

• Jacket Pressure and temperature Ratings

• Stamp of the Inspection Authority (Deliverable 4)

5.2.5. Vivarium Orientation Training

All contractor employees will be required to attend vivarium orientation training provided by the Veterinary Services Program prior to commencement of work at WRAIR. This will be required for anyone going into the vivarium. (Deliverable 5)

5.2.6. Warranty:

The contractor will propose as a separate item a one-year warranty and service/maintenance agreement providing a “next business day” response time. If accepted, this will commence from the last day of the standard commercial warranty. (Deliverable 6)

5.2.7. Training:

The contractor will provide one session on site user training to include basic operation, operator level maintenance and troubleshooting for two sessions for not less than four hours. Contractor will provide onsite training for medical maintenance staff on preventive maintenance schedules and procedures, calibration instructions, piping and electrical schematic diagrams, and cycle descriptions that describe the sequence of events controlling the individual cycles during each session. Training dates and times shall be coordinated with the Government appointed TPOC.

(Deliverable 7)

5.2.8. Equipment Specific Documentations

The contractor shall provide three full sets of Operation and Maintenance manuals for each piece of equipment. At a minimum, manuals shall include Programmable Logic Controller (PLC) ladder diagrams and Operator Interface Terminal (OIT) diagrams. In addition, a complete list of purchased parts including original manufactures’ part numbers, descriptive information and where the parts were purchased shall be included in the manuals. Operation manuals shall also include a description of operator-level periodic (e.g. daily, weekly, monthly) maintenance requirements as well as a trouble-shooting guide for common problems. Software copies of the PLC and OIT programs shall be supplied. Maintenance manuals shall include preventive maintenance schedules and procedures, calibration instructions, piping and electrical schematic diagrams, and cycle descriptions that describe the sequence of events controlling the individual cycles. (Deliverable 8)

5.3. Management Reports and Plans

Invoice Report (Deliverable 9). The contractor shall submit a detailed invoice upon completion of all activities included in section 5.2.

Quality Control Plan (Deliverable 10). The contractor shall provide a draft Quality Control Plan (QCP) with their proposal. The QCP will be finalized within 15 days of contract award following the review and approval of the TPOC. The contractor shall prepare and adhere to a QCP describing how the contractor intends to manage the contract to achieve the established standards set forth in the Performance Standards Summary Matrix and the contractor’s QCP. At a minimum, the QCP must include a self-inspection plan, an internal staffing plan, and an outline of the procedures that the Contractor will use to maintain quality, timeliness, responsiveness, and customer satisfaction. As part of the QCP, the contractor shall provide written documentation that all personnel assigned to equipment removal and installation have been trained and certified by the OEM. To ensure parts availability, the vendor shall include in the QCP locations of warehouses in the United States that can ship stocked parts overnight.

Contract Manpower Reporting Application (CMRA) (Deliverable 11). This is a mandatory requirement IAW Army Federal Acquisition Regulation Supplement (AFARS) 5137.91, Accounting for Contract Services.

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the WRAIR via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at:

http://www.ecmra.mil/.

6. DELIVERABLES

The contractor shall complete and submit deliverables in accordance with the “Deliverables Table” below. Unless specified in the SOW within the description of the deliverable, all deliverables will be made to the TPOC electronically.

DELIVERABLES TABLE

SOW Ref. Number Title/Description Due

5.2.1 Deliverable 1 Removal of Existing Equipment Per project schedule.

5.2.2 Deliverable 2 Installation of New Equipment Per project schedule.

5.2.3 Deliverable 3 Equipment Testing On completion of installation.

5.2.4 Deliverable 4 Installation of Information Plate On completion of installation and testing.

5.2.5 Deliverable 5 Vivarium Orientation Training Per project schedule.

5.2.6 Deliverable 6 Warranty

Include with proposal.

5.2.7 Deliverable 7 OEM provided PM Training Per project schedule.

5.2.8 Deliverable 8 Equipment Specific Documentations

On successful installation and testing of equipment.

5.3 Deliverable 9 Invoice Report Due within 7 days of completion of task 5.2.

5.3 Deliverable

Quality Control Plan Draft with proposal. Final within 2 weeks of award.

5.3 Deliverable

Contract Manpower Reporting Application (CMRA)

Annually.

6.3 Deliverable

Anti-Terrorism and Operational Security Training

Due within 30 days of contract award.

6.1. Inspection and Acceptance

The TPOC delegated oversight of specific technical, functional and oversight responsiblities is responsible for inspection and acceptance of all services, incoming shipments, documents, and services.

Certification by the Government of satisfactory services provided is contingent upon the Contractor performing in accordance with the performance standards contained in the SOW and all terms and conditions of this order, including all modifications.

COR Information To be determined upon award.

6.2. Contractor Identification

The Contractor shall ensure that Contractor personnel identify themselves as Contractors when attending meetings, providing any type of written correspondence, or working in situations where their actions could be construed as official Government acts. Contractors may not use or allude to former or current military rank during the performance of this work.

6.3. Anti-Terrorism and Operational Security (Deliverable 12)

6.3.1. AT Level I Training.

All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 30 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 30 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.

6.3.2.

This standard language requires U.S.-based contractor employees and associated subcontractor employees to make available and to receive Government-provided area of responsibility (AOR)–specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander, with the unit ATO being the local point of contact.

6.3.3. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army-controlled installation, facility, or area.

Not applicable.

6.3.4. Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to Government information systems.

6.3.5. For Contracts That Require an OPSEC Standing Operating program.

The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it, and why it needs to be protected. The contractor shall implement OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level II OPSEC coordinator per

AR 530-1.

6.3.6. For Contracts That Require OPSEC Training.

Per AR 530-1, Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.

6.3.7. For IA/IT training.

6.3.8. For Information Assurance (IA)/Information Technology (IT) Certification.

Per DoD 8570.01-M , DFARS 252.239.7001, and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

6.3.9. Threat Awareness Reporting Program (TARP).

http://jko.jten.mil/

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 90 dys. ADC 1 WALTER REED ARMY INSTITUTE OF

RESEARCH

WALTER REED INSTITUTE OF

RESEARCH

503 ROBERT GRANT AVENUE

SILVER SPRING, MD DC 20910-7500

W74MYF

0002 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

INSTRUCTIONS TO OFFERORS

Offerors shall submit a quote in response to the requirements of the United States Army Medical Research Acquisition Activity (USAMRAA) in support of the Walter Reed Army Institute of Research (WRAIR) to provide to furnish all labor, materials, equipment and supervision required to remove one existing instrument washer and furnish and install one newly manufactured instrument washer.

TECHNICAL INSTRUCTIONS:

Vendors shall provide sufficient written technical documentation to allow for a thorough evaluation of their quote in accordance with the Statement of Work (SOW). The Quote shall be presented in a clear and logical order. Statements such as “will comply”, “meets the intent of”, or “we intend to meet the requirements” and the like, will not suffice for evaluation purposes.

The Offeror shall demonstrate that it has a clear understanding of the requirements outlined in the SOW and the ability to meet the SOW requirements in order to be considered for award.

Technical quotes shall include sufficiently detailed information to enable evaluation based on the factors listed below:

1. Technical Ability – Each proposing contractor will be evaluated based on whether they confirm to the requirement as outlined in the MEC’s and the SOW

PRICE QUOTE INSTRUCTIONS

Vendor shall specify the Total Price for each CLIN in the solicitation. Contractors shall be evaluated to ensure fairness, reasonableness and completeness. The Government anticipates award of a Firm Fixed Cost contract. Contractors shall submit firm-fixed pricing for all the above requirements. Include any applicable discounts to the Government.

The contractor’s initial quote shall contain the contractor’s best terms from a cost and technical standpoint. The Government intends to evaluate quotes and award an order without discussions, but reserves the right to discussions if later deemed by the Contracting Officer to be necessary.

The Government reserves the right to make no award as a result of this solicitation.

PROPOSAL SUBMISSION INSTRUCTIONS.

POINT OF CONTACT (POC): Questions and proposals shall be sent via E-mail to the POCs for this RFQ:

Kasey Carroll: Kasey.l.carroll.civ@mail.mil

The Offeror is responsible for ensuring receipt by the POC.

QUESTIONS DUE: No Later Than 4 September 2019 by 10:00 AM EST

PROPOSAL DUE DATE: No Later Than (NLT): 10 September 2019 at 10:00 AM Eastern Time. Late proposals will not be accepted.

ELECTRONIC SUBMISSION: Quotes shall be electronically submitted to the POC above.

The Price proposal shall be submitted in PDF format, MS Word or MS Excel.

OTHER ADMINISTRATIVE INSTRUCTIONS:

System for Award Management (SAM): Contractors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov; provide DUNS number; Cage Code and TIN.

mailto:Kasey.l.carroll.civ@mail.mil http://www.sam.gov/

EVALUTATION FACTORS

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 Factor 2 Past Performance Factor 3 Price

Basis for Award & Evaluation

This will be a LPTA procurement. The Government intends to evaluate quotations and award a contract without discussions with Offerors. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable quotation with the lowest evaluated price. An overall technical rating must be at least "ACCEPTABLE" in order to be eligible for award. An "UNACCEPTABLE" rating, results in the technical quotation being rated "UNACCEPTABLE" unless corrected through discussions. An overall technical rating of "UNACCEPTABLE" makes a quotation ineligible for award.

An offeror is expected to submit sufficient information in response to the RFQ to allow for the evaluation of his/her quotation.

Each of the evaluation factors will be rated as follows:

Factor 1 - Technical The Government will evaluate the offeror's capabilities to provide the instrument washer and to meet the SOW.

Table A-1. Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal clearly meets the requirements of the SOW in the RFQ.

Unacceptable Proposal does not clearly meet the minimum requirements of the SOW in the RFQ.

Factor 2 – Past Performance: Offeror’s past performance references’ questionaires,submitted directly from their references, will be reviewed and considered in assigning a rating. Offerors are reminded that while the Government may elect to consider data obtained from other sources, the burden of demonstrating relevancy, recentcy, and quality of the past performance rests with the Offeror. Other sources available to the Government include, but are not limited to, the Past Performance Information Retrieval System (PPIRS) and Federal Awardee Performance and Integrity Information System (FAPIIS).

In the case of an Offeror without a record of recent/relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance in accordance with FAR 15.305(a)(2)(iv). Therefore, the Offeror shall be determined to have unknown past performance. In the context of Acceptability/Unacceptability, “Unknown” shall be considered “Acceptable.”

Past Performance Evaluation Ratings Rating Description Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown.

Unacceptable Based on the Offeror’s performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.

Factor 3 - Price Offerors’ price proposals will be evaluated to determine the price is fair and reasonable in accordance with FAR 12.209 and FA 13.106-3. Quotations should include a proposed price for each Contract Line Item Number (CLIN) to include Part Numbers.

(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.

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) 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;

https://www.sam.gov/

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract 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.

http://www.sam.gov/

(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.

(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.

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

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

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

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance…