W911RX19Q0087_Combined_Synopsis-Solicitation_Amendment_1.pdf

Solicitation Number W911RX19Q0087

Solvent Tank and Antifreeze Recycling Services

The Mission and Installation Contracting Command, Installation Operational Contracting

Division, Fort Riley, KS intends to solicit and award a firm-fixed price (FFP) contract for solvent tank and antifreeze recycling services at Fort Riley, Kansas. This is a combined synopsis/solicitation for commercial items prepared under Federal Acquisition Regulation (FAR)

Subpart 12.6 - Streamlined Procedures for Evaluation and Solicitation for Commercial Items along with FAR subpart 13.5 – Simplified Procedures for Certain Commercial Items, and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

This combined synopsis/solicitation is issued under Request for Quotation number W911RX-19-

Q-0087. This requirement is being solicited utilizing full and open competition IAW FAR Part

12 and FAR Part 13.

All FAR references are based off of FAC 2019-03, Effective 12 July 2019 and DFARS publication notice 20190628.Notice to Offeror(s): Funds are not presently available for this contract. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

Notice to Offeror(s): Funds are not presently available for this contract. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

This solicitation will be awarded if certified funding becomes available before 30 September

2019.

The Government reserves the right to award a single CLIN or multiple CLINs dependent upon availability of funds.

PROVISIONS INCORPORATED BY REFERENCE

Reference Description

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation.

52.204-7 System for Award Management.

52.204-16 Commercial and Government Entity Code Reporting.

52.204-22 Alternative Line Item Proposal.

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law.

52.212-1 Instructions to Offerors—Commercial Items

52.212-2 Evaluation—Commercial Items

52.212-3

ALT I

Offeror Representations and Certifications—Commercial Items

52.217-5 Evaluation of Options

52.223-1 Biobased Product Certification

52.223-4 Recovered Material Certification

52.237-1 Site Visit

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

252.209-7993

DEV 2014-O0009

Representation by Corporations Regarding an Unpaid Delinquent Tax

Liability or a Felony Conviction Under Any Federal Law

252.215-7007 Notice of Intent to Resolicit

252.215-7008 Only One Offer

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

CLAUSES INCORPORATED BY REFERENCE

Reference Description

52.203-6

ALT I

Restrictions on Subcontractor Sales to the Government.

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements.

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

52.204-13 System for Award Management Maintenance

52.204-18 Commercial and Government Entity Code Maintenance.

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities.

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

52.212-4 Contract Terms and Conditions—Commercial Items

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Items

52.219-4

DEV 2019-

O0003

Notice of Price Evaluation Preference for HUBZone Small Business Concerns

52.219-8 Utilization of Small Business Concerns

52.219-9 Small Business Subcontracting Plan

52.219-28 Post-Award Small Business Program Representation

52.222-19 Child Labor—Cooperation with Authorities and Remedies

52.222-21 Prohibition of Segregated Facilities.

52.224-3 Privacy Training

52.225-13 Restrictions on Certain Foreign Purchases.

52.228-5 Insurance- Work on a Government Installation

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

52.233-3 Protest after Award.

52.233-4 Applicable Law for Breach of Contract Claim.

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

52.242-5 Payments to Small Business Subcontractors

52.242-13 Bankruptcy

52.246-4 Inspection of Services – Fixed Price

252.201-7000 Contracting Officer's Representative

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

252.204-7003 Control of Government Personnel Work Product.

252.204-7004 Antiterrorism Awareness Training for Contractors.

252.204-7006 Billing Instructions.

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

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

252.205-7000 Provision of Information to Cooperative Agreement Holders

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a

Country that is a State Sponsor of Terrorism.

252.219-7003 Small Business Subcontracting Plan (DoD Contracts)

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.

252.232-7001 Hazardous Warning Labels

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous

Materials.

252.225-7012 Preference for Certain Domestic Commodities.

252.225-7048 Export-Controlled Items.

252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and

Native Hawaiian Small Business Concerns.

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

252.232-7010 Levies on Contract Payments.

252.232-7011 Payments in Support of Emergencies and Contingency Operations.

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

252.243-7001 Pricing of Contract Modifications.

252.243-7002 Requests for Equitable Adjustment.

252.244-7000 Subcontracts for Commercial Items

PROVISIONS INCORPORATED VIA FULL TEXT

ADDENDUM TO FAR 52.212-1 ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO

OFFERORS--COMMERCIAL ITEMS (JAN 2017) THIS SECTION IS FOR

SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED

FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY

REFERENCE INTO ANY RESULTANT CONTRACT.

Your attention is directed to the functional relationship between FAR 52.212-1, Instructions to

Offerors – Commercial Items and the Basis for Award. FAR 52.212-1 provides information for the purpose of organizing and submitting an offer and is not intended to be all-inclusive.

The Basis for Award describes evaluation factors and the basis of award, to include the evaluation procedures for responsiveness to the solicitation, ranking of price, and evaluation of non-price factors.

OFFERS THAT DO NOT CONTAIN THE INFORMATION REQUESTED BY THIS

PROVISION RISK ELIMINATION.

I. OFFEROR PREPARATION INSTRUCTIONS

System for Award Management (SAM): Paragraph (k) of 52.212-1 is revised as follows: By submission of an offer/quotation, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to the date and time established for receipt of Quotations, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov.

Period of Acceptance of offers: Paragraph 52.212-1(c), Period for Acceptance of Quotations.

The paragraph is tailored as follows: “The offeror agrees to hold the prices in its quotation firm for at least 90 calendar days after quotation submission.”

Questions/Inquiries: The contracting officer listed below is the Government’s sole point of contact for this acquisition. If necessary, all questions, request for clarifications and/or information concerning this solicitation shall be received in writing by email at the following email addresses no later than Thursday, 29 August, 2019 10:00 AM Central Time (CT). The decision whether to respond to questions and requests for clarification made after Thursday, 29

August, 2019 10:00 AM CT will be at the sole discretion of the Contracting Officer. If no questions are submitted, the Government will assume that the offerors fully understand all requirements of this notice. Emails must be received by the Contracting Officer: Mr. David https://www.sam.gov/

Hildebrand, david.j.hildebrand6.civ@mail.mil and Contract Specialist: Mrs. Tianna Seaman, tianna.l.seaman.civ@mail.mil on the date and time specified above.

Submission of offers: Electronic Submission of offers are required and shall be received via email. Offers shall be received in writing by the following: Contracting Officer: Mr. David

Hildebrand, david.j.hildebrand6.civ@mail.mil and Contract Specialist: Mrs. Tianna Seaman, Tianna.l.seaman.civ@mail.mil not later than Thursday, 5 September, 2019 10:00 AM CT.

Offerors shall submit a clear and complete quotation, and include only information that is relevant to this notice.

Offer Requirements. The following information at a minimum shall be included with each offer:

1. The name, address, telephone number and email address of the offering firm’s point of contact

2. Remittance Address, if different from the offeror’s address

3. Discount Terms (for payments prior to Net 30, if applicable);

4. CAGE Code and DUNS number;

5. Representations/Certifications. Utilizing the provision below (52.212-3 – Offeror

Representations and Certifications – Commercial Items) shall complete the necessary fill-ins, representations and certifications as set forth in the solicitation; and Teaming Agreement information (if applicable): Subcontractor Name, Cage Code, DUNS number. NOTE: If the offeror has their representations and certifications completed in the System for Awards

Management, this step will not be required. However, an annotation expressing such completion shall be included on the quotation.

6. Technical. In accordance with, FAR 52.212-1(b)(4), Offerors shall provide enough documentation to verify compliance with the required specifications in this notice and with the requirements stated in the PWS dated 26 July 2019. At a minimum, offerors shall provide the requested information for Evaluation Factor 1: Technical. Sub Factor 1- proof offeror is listed on

Kansas Hazardous Waste Transport List, Sub Factor 2- provide proposed make and model for contractor provided equipment, and Sub Factor 3- provide the type of solvent intended for use.

7. Lead Time (if different than stated above in Delivery Schedule)

8. Price. Offerors shall submit a firm-fixed priced offer for the entire requirement, partial offers will not be accepted. Offerors shall provide both the unit price and extended amount (total price) in

Attachment 6: Vendor Price Schedule. Offers shall include FOB Destination.

9. Exceptions to Terms and Conditions: Offerors shall identify and explain any exception, deviation, or assumption to the solicitation terms and conditions and provide accompanying mailto:david.j.hildebrand6.civ@mail.mil mailto:david.j.hildebrand6.civ@mail.mil mailto:Tianna.l.seaman.civ@mail.mil rationale. Offerors are cautioned that it is not the Government’s intent to incorporate the offeror’s proposal in the resulting award.

10. Amendment Acknowledgement. The Government reserves the right to revise or amend the solicitation and attachments prior to the offer closing time. Such amendments will be issued electronically by email. In such cases, the amendment will include an announcement of the new closing date and time. The offeror MUST acknowledge all amendments issued. Sign, acknowledge, and submit the original amendment for all amendments issued with the offer.

11. Discrepancies. If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting

Officer in writing with supporting rationale as well as the remedies the offeror is asking the

Contracting Officer to consider as related to the omission or error. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without exchanges with offerors.

12. Email Format: The subject line of all emails that comprise the quotation shall be formatted as follows: Subject: W911RX19Q0087/Company Name/Email X of X(insert number of the email and total number of emails).

(1) File Size. Individual emails shall not exceed 4MB in size. Offerors shall submit multiple emails as necessary to stay under the 4MB limit. Failure to stay under this limit may cause a rejection of the email.

13. Attachments: The following attachments/exhibits are provided for preparation of a quote for this solicitation.

Attachment/Exhibit Description Date Number of Pages

Attachment 1 Tank Listing 1 Jul 2019 8 Pages

Attachment 2 Service

Intervals

17 Jun 2019 1 Page

Attachment 3 Deliverables 24 Jul 2019 1 Page

Attachment 4 Wage Determination 16 Jul 2019 10 Pages

Attachment 5 Technical Evaluation Sheet 8 Aug 2019 1 Page

Attachment 6 Vendor Price Schedule 31 Jul 2019 1 Page

Exhibit A Performance Work

Statement

26 Jul 2019 24 Pages

Exhibit B Performance Requirements

Statement

17 Jul 2019 2 Pages

Exhibit C Qualified Products Listing 1 Apr 2019 6 Pages

Exhibit D Type and Number of

Washers

11 Jul 2019 1 Page

ADDENDUM FAR 52.212-2

BASIS FOR AWARD

EVALUATION FACTORS FOR AWARD

Pursuant to FAR 13.106-1(a)(2) the Government’s basis for award is based on the offeror’s technical capabilities and price. Award will be made to the responsible Offeror whose quote conforms to all solicitation requirements, such as terms and conditions, representations and certifications, technical requirements, and also provides the best value to the Government based on the results of the evaluation described below. The Government intends to award without discussions, therefore each initial offer should contain the Offeror’s best terms. However, the

Government reserves the right to seek clarifications if later determined by the Contracting

Officer to be necessary.

NUMBER OF CONTRACTS TO BE AWARDED. The Government intends to award one (1)

Firm-Fixed-Price Contract.

EVALUATION FACTORS

A detailed and complete analysis of each Offeror’s quote will be performed. The Government’s evaluation will be based on the following factors and sub factors*:

Factor 1: Technical o Sub Factor 1: Listed on Kansas Hazardous Waste Transport List o Sub Factor 2: Proposed Make and Model for Contractor Provided Equipment o Sub Factor 3: Type of Solvent

Factor 2: Price o Sub Factor 1: Completeness o Sub Factor 2: Reasonableness

*Although past performance is not used as an evaluation factor, the projects submitted by the Offeror to meet Technical sub-factor 1.2, Technical Experience and information obtained from other sources available to the Government such as the Past Performance Information Retrieval System

(PPIRS) will be used as part of the responsibility determination made IAW FAR 9.104-1. The

Government reserves the right to obtain information relative to present and past performance by any means available.

FACTOR 1: Technical

Sub Factor 1: Listed on Kansas Hazardous Waste Transport List. The contractor complete Attachment 5, technical evaluation sheet, and provide the EPA ID Number and

Company Name they will utilize for the transportation of hazardous waste under this contract.

This EPA ID Number and Company Name shall be listed for the Contractor to be considered technically acceptable for this sub factor. The Government will utilize the most current version of the “Hazardous Waste Transporter List” at this website http://www.kdheks.gov/waste/ to determine technical acceptability for this sub factor. The most current version will be the version that is posted to the above website on the day offers are due.

http://www.kdheks.gov/waste/

Sub Factor 2: Proposed Make and Model for Contractor Provided Equipment: The contractor shall complete the Attachment 5, Technical Evaluation sheet, with the make and model numbers of the equipment they propose to supply for the life of this contract. The proposed equipment listed by the offeror shall conform to the requirements of the PWS and shall be equal to or greater than in terms of capacity and functionality listed by the Government in

Exhibit F.

Sub Factor 3: Type of Solvent: The contractor shall complete Attachment 5, technical evaluation sheet sub factor 3, and state the type of solvent they will utilize for the requirements of PWS section 7.2.8.

Technical Rating: The Offeror’s technical rating will be based on the submission and receipt of the above requested Technical Evaluation Sheet and requirements of sub factor 1, sub factor 2, and sub factor 3. A rating of acceptable will be assigned to a quote if the offeror provides the requested technical evaluation sheet for the company and meets the standards in sub factors 1, 2, and 3. If the offeror fails to provide even one of the requested sub factors the quote will be assigned an unacceptable rating for the technical factor. The Government will assign the adjectival rating with the description that best corresponds to the Government’s evaluation.

Adjectival Rating Description

Acceptable For the quote to be determined acceptable all sub factors 1, 2, and 3 must be assigned an acceptable rating.

Sub Factor 1- Quote meets the requirements detailed in technical sub factor 1. If the EPA

ID Number and Company name they provided on the technical evaluation sheet is listed on the Kansas Department of Health and Environment website listed above.

Sub Factor 2- Quote meets the requirements in technical sub factor 2. The make and models are equal to or greater in capacity and functionality than the models requested by the

Government.

Sub Factor 3- Quote meets the requirements in technical sub factor 3. The type of solvent listed on the technical evaluation sheet is one that is listed in Attachment 5 of the PWS.

Unacceptable If a quote does not meet all requirements of sub factor 1, sub factor 2, and sub factor 3 the entire technical factor will receive an unacceptable rating and therefore is unawardable.

Sub Factor 1- Quote does not meet the requested specifications if the EPA ID

Number and Company Name listed on the offeror’s technical evaluation sheet is not listed on the Kansas Department of Health and Environment’s Hazardous Waste

Transport List.

Sub Factor 2- Quote does not meet the requested standards detailed in sub factor 2. If the make and model of the equipment provided on the technical evaluation sheet is not equal to or greater than the Government’s requests in terms of capacity and functionality.

Sub Factor 3 – Quote does not meet the requested standard of sub factor 3 if the solvent listed in the offeror’s technical evaluation sheet is not one that is also listed on PWS Attachment 5.

FACTOR 2- PRICE

Price will be reviewed and evaluated based on the bid schedule provided under Attachment 6.

The Offeror’s Price quote will be evaluated on a Total Evaluated Price (TEP) basis. The Offeror must submit a price for each item listed on the bid schedule and the price shall be listed according to the unit of measure provided on the bid schedule in order to be considered acceptable. The basic year and option years one (1) through four (4) will be added together to calculate the Offeror’s TEP. Once the offerors total evaluated price has been determined, the lowest overall offer will be reviewed to determine if the offer is complete and reasonable. If the lowest price at this point cannot be determined complete or reasonable the next lowest offer will be evaluated until an offer can be determined both complete and reasonable.

Sub Factor1: Completeness. This element is met when the offeror’s prices are determined complete in accordance with the solicitation instructions.

Sub Factor 2: Reasonableness. Price will be evaluated for reasonableness in accordance with FAR 13.106-3. As there is a high probability of competition, reasonableness shall be established through competition in accordance with FAR

13.106-3(a)(1). In the event that only one offeror is received reasonableness will be established in accordance with FAR 13.106-3(a)(2).

(End of Provision)

FAR 52.209-7 Information Regarding Responsibility Matters

(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 proceeding 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 which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Items

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—

(6) 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 https://www.sam.gov/

(7) 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 its stock 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 the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference

(see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to 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: 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) 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 to the Equal

Opportunity clause of this solicitation; and

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

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

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of

Labor (41 CFR parts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

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

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation

(FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

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

States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO.

COUNTRY OF ORIGIN

[List as necessary]

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

Part 25.

(g)

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or

(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,”

“domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,”

“Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli

Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or

Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free

Trade Agreements—Israeli Trade Act”:

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

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or 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:

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

Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If

Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Act”:

Canadian End Products:

Line Item No.:

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If

Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following

(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:

Country of Origin:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If

Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following

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

American—Free Trade Agreements—Israeli Trade Act”:

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade

Agreements, is included in this solicitation.)

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

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

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR

Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a

Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required.