Combined_Synopsis_W9115119Q0219_Admin_Logistic_Spt_FH_26_Aug_19.docx

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W9115119Q0219
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1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, 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. Solicitation number W9115119Q0219 is issued as a Request for Quotation (RFQ). This solicitation will utilize the policies contained in the Federal Acquisition Regulation (FAR) Pat 12 in conjunction with the policies and procedures for solicitation evaluation and award prescribed in FAR part 13.5 Simplified Procedures for Certain Commercial Items.

2. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-95 effective June 19, 2017 and the Federal Acquisition Regulation (FAR). The complete text of any of the clauses and provisions may be accessed in full text at www.acquisition.gov/far/index.html, www.va.gov/oal/library/vaar/, and http://farsite.hill.af.mil/vmfara.htm.

3. The associated North American Industrial Classification System (NAICS) code for this procurement is 561110 Office Administrative Services with a business size standard of $7.5 Million. This is a 100% Economically Disadvantaged Women-Owned Small Business set aside.

4. All quotes must be emailed to the Contract Specialist, Ms. Diane C. Smith @ diane.c.smith3.civ@mail.mil. Quotes are due no later than 11:00 AM CST, Friday, 9 September 2019. The e-mail subject line shall contain the solicitation number and item description. No hard copies or CDs will be accepted.

5. The point of contact responsible for supplying additional information and answering all inquiries is the Contracting Officer. Address all questions or concerns the offeror may have to the Contracting Officer. The Contracting Officer for this acquisition is Ms. Sandra K. Cleveland at: sandra.k.cleveland.civ@mail.mil, (254) 553-5893. All questions regarding this solicitation shall be submitted in writing via email not later than 11:00 AM CST 3 September 2019 to the Contracting Officer. Questions submitted after the specified date/time will not be accepted by the Government. Responses to the questions will be incorporated into an amendment to the solicitation and posted to FBO for viewing by all potential offerors. Industry questions and answers may or may not have a bearing on the substantive content of the solicitation or the contract requirements, and it should NOT be assumed that the date set for receipt of proposals will be extended.

6. DESCRIPTION: The contract requirements for this RFQ are outlined in the Performance Work Statement (PWS) as set forth at attachment 3. The Research and Analysis Center, U.S. Army Futures Command at White Sands Missile Range, New Mexico, has a requirement for Administrative and Logistics Services support. The Contractor shall provide all labor, management, supervision, supplies, materials, equipment, training, and tools, necessary to perform administrative and logistics support services to TRAC-WSMR as defined in this Performance Work Statement not otherwise provided as Government-furnished property (GFP). The Contractor shall perform to the standards in this contract.

7. Period of Performance is anticipated to be as follows:

Base year: Sept 30, 2019 – Sept 29, 2020 Option Year 1: Sept 30, 2020 – Sept 29, 2021 Option Year 2: Sept 30, 2021 – Sept 29, 2022 Option Year 3: Sept 30, 2022 – Sept 29, 2023 Option Year 4: Sept 30, 2023 – Sept 29, 2024

8. Offerors are requested to submit a quote for the line items on the Schedule of Services; Attachment 1

9. Service Contract Act Wage Determination No. WD 2015-5548 (Rev.-8) was first posted on www.wdol.gov on 08/02/2019, applies to this acquisition and will be incorporated into the resulting contract; Attachment 2. The contractor shall identify the Wage Category in their offer.

10. QUESTIONS

Submit technical questions to the Contracting Officer in writing, via email to Sandra K. Cleveland at sandra.k.cleveland.civ@mail.mil on or before 11:00 CST 3 September 2019. Telephonic (verbal) questions Will Not be addressed. All responses to questions, which may affect offers, will be incorporated into a written amendment to the Request for Quote.

11. The Federal Acquisition Regulations (FAR) apply to this acquisition:

12. PROVISIONS AND INSTRUCTIONS TO OFFERORS

ADDENDUM to 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015) applies to this acquisition.

QUOTE SUBMISSION: Submission of a quote that does not contain all items requested below may result in elimination from consideration of award. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each quote.

Vendors interested in submitting an offer shall:

VOLUME 1:

Attachment 1, Schedule of Services: Pricing shall be submitted as requested in the Schedule of Services. Total price will be evaluated by the Government. Proposed price should reflect a clear understanding of the requirements, is consistent with the various elements of the offer.

VOLUME 2:

a. Submit proof that they possess, or have the ability to obtain, prior to the contract start date a "Secret Facility Clearance" from the Defense Security Service.

b. Submit a resume for the proposed Supply/Administrative Technician that meets or exceeds the minimum experience and training to perform the duties of the PWS. The Supply/Administrative Technician shall have two (2) or more years' experience performing supply operations, inventory, receiving and equipment turn-ins; formal hazardous material training; and proficient in Microsoft Word, Excel, and Access.

c. The apparent Awardee will be required to submit a spreadsheet detailing all labor categories subject to Service Contract Labor Standards (“non-exempt”). This spreadsheet will be used only during the contract administration process for purposes of evaluating the impact of any changes as a result of an applicable Wage Determination (such as in base wage rates and/or health and welfare amounts), or other contract modification actions. The following information will be required:

· Non-Exempt Labor Category (e.g. those covered by the Service Contract Labor Standards) - Unloaded Direct Labor Rates

· Productive Hours

Quotes shall be sent electronically via e-mail to the Contract Specialist: Diane C. Smith, diane.c.smith3.civ.@mail.mil and Contracting Officer: Sandra K. Cleveland, Sandra.k.cleveland.civ@mail.mil.

Signed acknowledgements of amendments (SF30). Applicable only if any amendments are issued against this solicitation.

BASIS FOR AWARD

The Government will award a firm fixed priced contract to the responsible offeror whose offer, conforming to the requirements in this Request for Quote (RFQ) will be most advantageous to the Government. , price and other factors considered. This is a best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) 15.101-2, Lowest Price Technically Acceptable (LPTA) Source Selection Process. A best value award will be made based upon the following factors below.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

This is a best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) 15.101-2, Lowest Price Technically Acceptable (LPTA) Source Selection Process. The evaluation factors for this requirement are as follows:

Factor 1 – Technical

Sub factor 1 - Secret Facility Clearance
Sub factor 2 - Resume Supply Technician

Factor 2 – Price Factor 1 - The Technical Factor evaluation provides an assessment of the offeror’s capability to satisfy the Government’s minimum requirements. An offeror must be found acceptable in both sub-factors in order to be considered acceptable for the factor.

Sub factor 1 - To be found Technically Acceptable the Offeror shall possess or demonstrate that they shall possess prior to the contract start date a "Secret Facility Clearance" from the Defense Security Service.

Sub factor 2 - To be found Technically Acceptable the Offeror shall propose a Supply Technician that has two (2) or more years' experience performing supply operations, inventory, receiving and equipment turn-ins; formal hazardous material training; and proficient in Microsoft Word, Excel, and Access.

Factor 2 – Price -A decision on the technical acceptability of each offeror's quotations will be made. For those offerors which are determined to be technically acceptable, award will be made to that vendor with the lowest overall price. Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 15.404-1(b). Through these techniques the Government will determine whether prices are reasonable, complete and balanced.

(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) Contract Clauses

CAUSES INCORPORATED BY REFERENCE

52.202-1DefinitionsNOV 2013
52.203-3GratuitiesAPR 1984
52.203-6Restrictions on Subcontractor Sales to the GovernmentSEP 2006
52.203-12Limitation on Payments to Influence Certain FederalOCT 2010

Transactions

52.203-17Contractor Employee Whistleblower Rights and Requirement APR 2014
To Inform Employees of Whistleblower Rights
52.204-4Printed or Copied Double-Sided on Postconsumer FiberMAY 2011

Content Paper

52.204-7System for Award ManagementOCT 2018
52.204-9Personal Identity Verification of Contractor PersonnelJAN 2011
52.204-10Reporting Executive Compensation and First-TierOCT 2018

Subcontract Awards

52.204-13System for Award Management MaintenanceOCT 2018
52.204-16Commercial and Government Entity Code ReportingJUL 2016
52.204-16Commercial and Government Entity Code ReportingJUL 2016
52.204-17Ownership or Control of OfferorJUL 2016
52.204-18Commercial and Government Entity Code MaintenanceJUL 2016
52.204-19Incorporation by Reference of Representations andDEC 2014

Certifications.

52.204-22Alternative Line Item ProposalJAN 2017
52.209-5Certification Regarding Responsibility MattersOCT 2015
52.209-6Protecting the Government's Interest When SubcontractingOCT 2015

With Contractors Debarred, Suspended, or Proposed for Debarment

52.209-11Representation by Corporations Regarding Delinquent TaxFEB 2016Liability or a Felony Conviction under any Federal Law
52.219-6Notice of Total Small Business Set-AsideNOV 2011
52.219-8Utilization of Small Business ConcernsOCT 2018
52.219-14Limitations on SubcontractingJAN 2017
52.219-28Post-Award Small Business Program RerepresentationJUL 2013
52.219-29Notice of Set-Aside for, or Sole Source Award to,DEC 2015

Economically Disadvantaged Women-Owned Small Business Concerns

52.222-3Convict LaborJUN 2003
52.222-21Prohibition of Segregated FacilitiesAPR 2015
52.222-26Equal OpportunitySEP 2016
52.222-35Equal Opportunity for VeteransOCT 2015
52.222-36Equal Opportunity for Workers with DisabilitiesJUL 2014
52.222-37Employment Reports on VeteransFEB 2016
52.222-41Service Contract Labor StandardsAUG 2018
52.222-42Statement of Equivalent Rates for Federal HiresMAY 2014
52.222-43Fair Labor Standards Act and Service Contract LaborAUG 2018

Standards - Price Adjustment (Multiple Year and Option Contracts)

52.222-50Combating Trafficking in PersonsJAN 2019
52.222-54Employment Eligibility VerificationOCT 2015
52.223-6Drug-Free WorkplaceMAY 2001

52.223-18 Encouraging Contractor Policies to Ban Text Messaging AUG 2011 While Driving

52.225-13Restrictions on Certain Foreign PurchasesJUN 2008
52.228-5Insurance - Work on a Government InstallationJAN 1997
52.232-33Payment by Electronic Funds Transfer--System for AwardOCT 2018Management
52.232-40Providing Accelerated Payments to Small BusinessDEC 2013

Subcontractors

52.233-2Service of ProtestSEP 2006
52.233-3Protest After AwardAUG 1996
52.233-4Applicable Law for Breach of Contract ClaimOCT 2004
52.237-2Protection of Government Buildings, Equipment, andAPR 1984

Vegetation

52.246-4Inspection of Services--Fixed PriceAUG 1996
252.203-7000Requirements Relating to Compensation of Former DODSEP 2011

Officials

252.203-7002Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7005Representation Relating to Compensation of Former DODNOV 2011

Officials

252.204-7003Control of Government Personnel Work ProductAPR 1992
252.204-7008Compliance with Safeguarding Covered Defense Information OCT 2016Controls
252.204-7012Safeguarding Covered Defense Information and CyberOCT 2016

Incident Reporting

252.204-7015Notice of Authorized Disclosure of Information for Litigation MAY 2016Support
252.209-7004Subcontracting With Firms That Are Owned or Controlled By MAY 2019

The Government of a Country that is a State Sponsor of Terrorism

252.225-7001Buy American and Balance of Payments Program-- BasicDEC 2017
252.232-7010Levies on Contract PaymentsDEC 2006
252.247-7022Representation of Extent of Transportation by Sea.JUN 2019252.247-7023Transportation of Supplies by SeaFEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

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

Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

The solicitation number;

The time specified in the solicitation for receipt of offers;

The name, address, and telephone number of the offeror;

A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

Terms of any express warranty;

Price and any discount terms;

"Remit to" address, if different than mailing address;

A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

Acknowledgment of Solicitation Amendments;

Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

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

Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

Late submissions, modifications, revisions, and withdrawals of offers:

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

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

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

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

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

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

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

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

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

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

Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

ASSIST (https://assist.dla.mil/online/start/).

Quick Search (http://quicksearch.dla.mil/).

ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

Reserved.

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

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

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

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

A summary of the rationale for award;

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

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

(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 evaluate offers:

This is a best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) 15.101-2, Lowest Price Technically Acceptable (LPTA) Source Selection Process. The evaluation factors for this requirement are as follows:

Factor 1 – Technical

Sub factor 1 - Secret Facility Clearance
Sub factor 2 - Resume Supply Technician

Factor 2 – Price

Factor 1 - The Technical Factor evaluation provides an assessment of the offeror’s capability to satisfy the Government’s minimum requirements. An offeror must be found acceptable in both sub factors in order to be considered acceptable for the factor.

Sub factor 1 - To be found Technically Acceptable the Offeror shall possess or demonstrate that they shall possess prior to the contract start date a "Secret Facility Clearance" from the Defense Security Service.

Sub factor 2 - To be found Technically Acceptable the Offeror shall propose a Supply Technician that has two (2) or more years' experience performing supply operations, inventory, receiving and equipment turn-ins; formal hazardous material training; and proficient in Microsoft Word, Excel, and Access.

Factor 2 – Price -A decision on the technical acceptability of each offeror's quotations will be made. For those offerors which are determined to be technically acceptable, award will be made to that vendor with the lowest overall price. Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 15.404-1(b). Through these techniques the Government will determine whether prices are reasonable, complete and balanced.

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).

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 (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- 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

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--

PSC 5510, Lumber and Related Basic Wood Materials;

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

PSG 88, Live Animals;

PSG 89, Subsistence;

PSC 9410, Crude Grades of Plant Materials;

PSC 9430, Miscellaneous Crude Animal Products, Inedible;

PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

PSC 9610, Ores;

PSC 9620, Minerals, Natural and Synthetic; and

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--

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

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;

Consist of providing goods or services to marginalized populations of Sudan;

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

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

Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- To restrict the free flow of unbiased information in Iran; or

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--

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

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--

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

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--

Directly by a parent corporation; or

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--

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

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--

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

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.

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

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.

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.

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.

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 womenowned small business concern.

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

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

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--

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

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.

Women-owned business concern (other than small business concern). (Complete only if the offeror is a womenowned 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.

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:

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--

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

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--

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

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

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

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

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

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.

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.)

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.''

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:

Line Item No.
Country of Origin
___
___
___
___
___
___

[List as necessary]

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
___
___
___
___
___
___

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

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.

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
___
___
___
___
___
___

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…

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