W91151-16-R-0058_solicitation _16-r-0058 _FtHood _10aug16.doc

Section SF 30 - BLOCK 14 CONTINUATION PAGE

PROPOSAL INSTRUCTIONS

SEE 52.212-2, EVALUATION-COMMERCIAL ITEMS.

RETURN PROPOSALS, BY TIME AND DATE NOTED IN BLOCK 8, TO:

CONTRACT SPECIALIST: mark.a.ramey10.civ@mail.mil And

CONTRACTING OFFICER: drexie.t.jennings.civ@mail.mil Section SF 1449 - CONTINUATION SHEET

SERVICE: PRISONER HOUSING

FFP

Housing of Military Prisoners (Pre-Trial and Post-Trial) from Fort Hood, TX in accordance with the Performance Work Statement. Period of Performance 1 Oct 16 – 30 Sep 17. SUBJECT TO AVAILABILITY OF FUNDS.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010801642

ESTIMATED

NET AMT

CONTRACTOR MANPOWER REPORTING

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “Not a Direct Cost”. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. SUBJECT TO AVAILABILITY OF FUNDS.

ESTIMATED

FFP

Housing of Military Prisoners (Pre-Trial and Post-Trial) from Fort Hood, TX in accordance with the Performance Work Statement. Period of Performance 1 Oct 17 – 30 Sep 18. SUBJECT TO AVAILABILITY OF FUNDS.

ESTIMATED

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “Not a Direct Cost”. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. SUBJECT TO AVAILABILITY OF FUNDS.

ESTIMATED

FFP

Housing of Military Prisoners (Pre-Trial and Post-Trial) from Fort Hood, TX in accordance with the Performance Work Statement. Period of Performance 1 Oct 18 – 30 Sep 19. SUBJECT TO AVAILABILITY OF FUNDS.

ESTIMATED

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “Not a Direct Cost”. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. SUBJECT TO AVAILABILITY OF FUNDS.

ESTIMATED

FFP

Housing of Military Prisoners (Pre-Trial and Post-Trial) from Fort Hood, TX in accordance with the Performance Work Statement. Period of Performance 1 Oct 19 – 30 Sep 20. SUBJECT TO AVAILABILITY OF FUNDS.

ESTIMATED

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “Not a Direct Cost”. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. SUBJECT TO AVAILABILITY OF FUNDS.

ESTIMATED

FFP

Housing of Military Prisoners (Pre-Trial and Post-Trial) from Fort Hood, TX in accordance with the Performance Work Statement. Period of Performance 1 Oct 20 – 30 Sep 21. SUBJECT TO AVAILABILITY OF FUNDS.

ESTIMATED

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “Not a Direct Cost”. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. SUBJECT TO AVAILABILITY OF FUNDS.

ESTIMATED

CONTRACT LINE ITEM TOTALS

BASE YEAR (1 OCT 2016 - 30 SEP 2017) $________________________

OPTION YEAR 1 (1 OCT 2017 - 30 SEP 2018) $________________________

OPTION YEAR 2 (1 OCT 2018 - 30 SEP 2019) $________________________

OPTION YEAR 3 (1 OCT 2019 - 30 SEP 2020) $________________________

OPTION YEAR 4 (1 OCT 2020 - 30 SEP 2021) $________________________

TOTAL

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

SECTION C-1 GENERAL INFORMATION

C-1.1. SCOPE OF WORK. The contractor shall provide all facilities, resources (except those provided by the Government as specified in paragraph C.3), management and supervision necessary to feed and house military prisoners from Fort Hood, Texas. The contractor is responsible for providing services, 24 hours a day seven days a week. All Fort Hood military prisoners must be housed within the same jail facility or complex (e.g. annex). In the event of local or national emergencies that prevent normal operations, the contractor shall immediately notify the Contracting Officer and DES, Confinement Liaison Office, Building 2310. Verbal notifications shall be confirmed in writing within 12 hours.

C-1.1.1. Contractor’s facility shall be located within 25 miles (one way) from the Directorate of Emergency Services (DES), Fort Hood, Texas. The full address of the facility shall be provided in the contractor’s offer.

C-1.1.2. The Government estimates there will be an average of 20 to 40 prisoners in confinement at any given time. Averages are derived from historical data and may or may not accurately reflect the actual numbers of prisoners housed in the contractor’s facility.

C-1.1.3. Quality Control. The contractor shall establish and implement a thorough Quality Control Plan (QCP) that identifies potential and actual problems in meeting contract requirements and results in corrective action. The plan shall include the principles of the Texas Commission on Jail Standards. The QCP shall be submitted to the Contracting Officer for approval fifteen (15) calendar days after contract start date and shall be updated thereafter as needed to maintain an effective QC program. Any changes to the QC Plan shall be submitted to the Contracting Officer a minimum of five working days prior to implementation. Written acceptance or non-acceptance of proposed changes will be provided to the contractor by the Contracting Officer. The Contractor shall schedule and conduct QC inspections. The QC inspection schedule and results shall be available for Government review upon request during normal working hours. Copies of QC documentation, either digital or paper, shall be provided to the Government within 2 working days of request.

C-1.1.4. Quality Assurance. Inspection of services shall be conducted in accordance with FAR 52.212-4, Contract Terms and Conditions – Commercial Items, and the Quality Assurance Surveillance Plan (QASP).

C-1.1.4.1. Contracting Officer Representative (COR). The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

C-1.1.4.2. Facility Inspections. The Government may conduct announced and unannounced inspections of the facility at any time. Remedies to any deficiencies noted during the inspections shall be in accordance with the inspection of services clause contained in contract. Inspections shall address the general condition of the facility, i.e. cleanliness, prisoner condition, etc. Inspection shall be performed in accordance with standards set by the Texas Commission on Jail Standards.

C-1.1.5. The Government will communicate with the contractor on a daily basis either in person or via wired landline telephone to obtain a status report of military prisoners. Matters of concern during this reporting session will be prisoner issues and general information regarding federal prisoners (number of prisoners, classification, i.e. pretrial and post trial, officer or enlisted, male or female, and identification of any problem areas such as discipline problems, illness, etc.).

C-1.1.6. The Government will be responsible for all coordination for prisoner transfer and release.

C-1.2. CONFINEMENT FACILITY AND COMMUNICATIONS. The contractor shall ensure that the contracted correctional facility meets basic life, health, and safety standards each prisoner day. The facility needs to be federally approved in accordance with Army Regulation (AR) 190-47. The contractor shall provide for the segregation of pretrial Army prisoners by officer, noncommissioned officer, and enlisted, gender, and post trial status. Prisoner communication with the media is restricted. Face to face and telephonic communications between military prisoners and members of the news media (print or broad cast) are not authorized. Any other media communication is not authorized without prior approval from Office of the Provost Marshal General (OPMG), Army Corrections Command (ACC)/Office of the Chief of Public Affairs (OCPA).

C-1.3. Post Award Conference/Periodic Progress Meetings. The Contractor agrees to participate in any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

C-1.4. Key Personnel. The following personnel are considered key personnel by the government: Program Manager/Alternate Program Manager. The contractor shall provide a program manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 9:00 a.m. to 4:30p.m., Monday thru Friday except Federal holidays.

C-1.5. Organizational Conflict of Interest. Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

SECTION C-2 DEFINITIONS

C-2.1. DAY: A twenty-four-(24) hour period.

C-2.2. PRISONER DAY: Each 24 hour period (or portion thereof) a Fort Hood Prisoner is housed in the contractor’s facility.

C-2.3. DES: DIRECTORATE OF EMERGENCY SERVICES: the Government entity responsible for the transportation of prisoners.

C-2.4. MILITARY POLICE/DEPARTMENT OF THE ARMY CIVILIAN POLICE OFFICER: A soldier, usually enlisted, or a Department of the Army Civilian law enforcement Officer. Both work for DES.

C-2.5. COUNSEL: Includes all members of the Staff Judge Advocate Corps (Trial Counsel or Defense Counsel) and Civilian Defense counsel.

SECTION C-3 GOVERNMENT-FURNISHED PROPERTY AND SERVICES

C-3.1. The Government will furnish a confinement order, indicating the prisoner’s status (pre-trial or post-trial), with the prisoner being moved to the contractor’s facility.

C-3.2. The Government does not plan to provide any supplies; however, the Government reserves the right to furnish all or part of the supplies, at any time during the life of this contract, if it is in the best interest of the Government.

C-3.3. The Government will furnish all prisoner transportation (24 hours per day) to and from contractor’s facility. The Government will provide sufficient personnel and equipment to accommodate all prisoner transportation. The Government will be held responsible for prisoners while in the custody of the DES or his designated representative.

SECTION C-4 CONTRACTOR-FURNISHED ITEMS AND SERVICES

C-4.1. The contractor shall maintain the facility in accordance with the standards for a federally approved detention facility as published by Texas Commission on Jail Standards.

C-4.2. The contractor shall furnish mail services for the military prisoners consistent with the standards the facility is required to meet for its civilian and other federal prisoners. The contractor shall provide a copy of this procedure to the Contracting Officer within thirty (30) days after the start date of the contract.

C-4.3. The contractor shall furnish all health and comfort items in accordance with the standards applicable to civilian prisoners.

C-4.4. The contractor shall provide space for confidential, face-to-face meeting between prisoners and their counsel. This space shall be available to permit visitation between prisoners and their counsel in accordance with (IAW) Paragraph C-5.5.3. below.

SECTION C-5 SPECIFIC TASKS

C-5.1. The contractor shall comply with the standards of treatment and provide housing for the military prisoners in accordance with Texas Commission on Jail Standards.

C-5.2. The contractor shall monitor and control military prisoners confined in the contractor’s facility in accordance with Texas Commission on Jail Standards.

C-5.3. IAW AR 190-47, the contractor shall not integrate pre-trial (detained) and post-trial (sentenced) prisoners together in the same cell. The contractor shall not integrate Fort Hood detainees or prisoners with civilian detainees or prisoners for any purpose. This includes roll calls, musters, dining periods or exercise periods (if any). Precautions shall be taken to ensure that interaction between pre-trial and sentenced prisoners shall not occur. All integration prohibitions, which apply to enlisted soldiers, shall also be applied to officer prisoners. Male and female prisoners shall not be integrated. The contractor will attempt to house all post-trial (sentenced) prisoners together when space available.

C-5.4. The contractor shall not require pre-trial prisoners to perform any work other than cleaning their own cell area. Under no circumstances will pre-trial prisoners supplement the prisoner work force.

C-5.5. The contractor shall permit visitation by the following individuals in accordance with the schedule listed below:

C-5.5.1. DES OR REPRESENTATIVE: 24 hours per day

C-5.5.2. CHAPLAIN: 24 hours per day

C-5.5.3. PRISONER COUNSEL: 24 hours per day with 30-minutes notice. Additionally, the contractor shall permit prisoners to receive telephone calls from their counsel 24 hours per day. If the prisoner is not physically available to talk to counsel when counsel calls, the contractor shall: (a) make the prisoner available to return the call at the earliest opportunity, (b) provide counsel an estimated time in which counsel can expect a return call, and (c) provide direct dial phone for prisoners to return counsel’s phone calls 24 hours per day. The contractor shall permit prisoner initiated telephone calls to their counsel during normal duty hours (0730-1630 hours daily, except holidays) as allowed in military confinement facilities. All telephone calls will be made from or received in a space providing for confidential communication between the prisoner and his counsel.

C-5.5.4. MILITARY PRISONER’S COMMANDER OR AUTHORIZED REPRESENTATIVE: During military duty hours, 0600 hours to 1800 hours, subject to the Government providing advance notice to the contractor not later than close of business on the day prior to the visit.

C-5.5.5. MILITARY PRISONER’S IMMEDIATE FAMILY MEMBER: Regularly scheduled visitation days established by the contractor for all prisoners.

C-5.6. The contractor shall, in the event that documentation pertaining to released or transferred prisoner is received on a date after the prisoner has been released or transferred, forward such documentation to the gaining facility, unit, or the prisoner’s forwarding address. This action shall be completed within three (3) days of receipt of such documentation.

C-5.7. The contractor shall, in the event that property belonging to a released or transferred prisoner is left at the contractor’s facility (regardless of reason), forward the prisoner property to the gaining facility, unit, or the prisoner’s forwarding address. This action shall be completed within (3) working days upon finding such property.

C-5.8. The contractor shall provide the DES, Confinement Liaison Office, Building 2310, with a monthly report of statistics specifying the number of military prisoners housed during the previous month. Each monthly report shall include the prisoner name, rank, prisoner’s unit, and number of days housed. These statistics shall be provided by the 5th working day of each month either in encrypted email, or paper report and hand delivered.

C-5.9. The contractor shall notify the DES, Confinement Liaison Office, Building 2310, immediately upon any prisoner incident such as a medical emergency, fights or other matters concerning federal prisoners not covered elsewhere in this contract. Verbal notifications shall be confirmed in writing within 12 hours. The immediate notification shall occur over wired landline or cell phones.

C-5.10. The contractor shall not release photograph of confined soldiers to the media or post on any web site.

C-5.11. The contractor shall furnish military prisoner’s three (3) meals per day consistent with the Texas Commission on Jail Standards requirements for feeding civilian and other federal prisoners.

C-5.12. In emergency cases, the contractor shall obtain and/or furnish military prisoners’ emergency medical care. Emergency is defined as serious illness or life threatening injury.

C-5.13. The contracted facility shall comply with the Department of Justice, National Prison Rape Elimination Act (PREA) Standards.

C-5.14. CONTRACTOR MANPOWER REPORTING. The contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of the Army 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, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services. Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from 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 by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at http://www.ecmra.mil. As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.

SECTION C-6 APPLICABLE PUBLICATIONS

The Contractor shall abide by all applicable regulations, publications, manuals, and local policies and procedures.

AR 190-47, The Army Corrections System, 15 June 2006

Texas Commission on Jail Standards

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2017

W0VC USAG FT HOOD

BUILDING 89013 QUARTERMASTER LANE

IPBO

FORT HOOD TX 76544-5056

254-287-4990

W45CMJ

30-SEP-2017

W45CMJ

30-SEP-2018

W45CMJ

30-SEP-2018

W45CMJ

30-SEP-2019

W45CMJ

30-SEP-2019

W45CMJ

30-SEP-2020

W45CMJ

30-SEP-2020

W45CMJ

30-SEP-2021

W45CMJ

30-SEP-2021

W45CMJ

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

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 verify conformance (responsiveness) to the solicitation:

(1) Quality Control Plan that meets the requirements of PWS paragraph C-1.1.3.

Qualification requirements for the PM/APM as discussed in PWS paragraph C-1.4. Proof that the facility is federally approved as discussed in PWS paragraph C-1.2.

(2) SubContracting Plan (Large Businesses Only) Each Large Business Offeror shall provide a Small Business Subcontracting Plan that contains all the elements required by FAR Clause 52.219-9, Small Business Subcontracting Plan.

The Subcontracting Plan is not required for evaluation, but rather, is a requirement for award to a Large Business and it will be incorporated into any resultant contract.

The Offeror shall document clear, detailed, logical, and realistic approaches in a Subcontracting Plan for establishment, oversight, and quality control of subcontracts which comply with FAR 19.702(a)(1) and (2), Small Business Programs, and the Government’s acquisition and sub-contracting goals pertinent to this solicitation.

Current goals are: These goals may be met by any combination of vendor purchases, subcontracts, or other business arrangements. The Offeror shall list and describe any subcontracts to be used to perform the requirement of the PWS.

Small Business ---------------------------------------------------------------36% Small Disadvantaged Business ---------------------------------------------5% Woman-Owned Small Business --------------------------------------------5% Hubzone Small Business -----------------------------------------------------3% Service Disabled Veteran Owned Small Business -----------------------3% If the offeror has does not have any subcontracting opportunities, a request for subcontracting waiver shall be submitted with proposal. The waiver is to consist of a letter from the offeror indicating there are no subcontracting opportunities, with justification.

The following factors shall be used to evaluate offers:

(1) PRICE: The award decision will be based on the Government’s evaluation of the offeror’s price proposal. The evaluation will be performed, using various price analysis techniques and procedures, to determine fair and reasonable pricing. The Government reserves the right to require the submission of Other Than Certified Cost or Pricing Data as is deemed necessary to arrive at a fair and reasonable price. The proposed unit price should be broken out.

(2) PAST PERFORMANCE: At the discretion of the contracting officer, past performance will be reviewed based on the Certificate of Compliance issued from the Texas Commission on Jail Standards and/or search of the Past Performance Information Retrieval System (PPIRS).

The Government reserves the right to conduct negotiations to obtain fair and reasonable pricing based on the Offeror’s evaluated price proposal and responses to the responsiveness issues.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 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 accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (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 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…