Combined_Synopsis_Solicitation.docx

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Attached to
Elevator Maintenance Federal contract opportunity
Solicitation number
W911S2-19-U-6001
Issued by
Department of the Army Materiel Command Mission and Installation Contracting Command Fort Drum

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The solicitation quote due date has been changed to 14 March 2019 at 1100.

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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. The Contractor shall submit this document in its entirety back to the Contracting Office.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01.

1. Solicitation Number: W911S2-19-U-6001

2. Solicitation Issue Date: 20 February 2019

3. Contract Specialist: Allison Darnell

4. Quote Due Date/Local Time 14 March 2019 by 1100 EST. All quotes must be submitted electronically to allison.r.darnell.civ@mail.mil by the quote due date above. The email subject field shall contain the solicitation number. The email body shall include the Contractor name, address, phone number, and email address. PAPER COPY QUOTES WILL NOT BE ACCEPTED.

5. SITE VISIT: There will be a site visit on 28 February 2019 at 1100 EST. The meeting place will be P-46, Fort Drum, NY 13602. The group will leave from P-46 promptly at 1100 EST to go to the site. If access to the installation is required, and an Application for Sponsorship (IMDR-ES Form 2) must be completed and returned e-mailed to allison.r.darnell.civ@mail.mil by 26 February 2019.

6. Questions: All questions shall be in writing and e-mailed to allison.r.darnell.civ@mail.mil. Questions concerning this solicitation will be accepted up to the Close of Business (4:00 PM EST) on 28 February 2019. Fort Drum does not commit to providing responses to questions submitted after this date; however attempts to answer questions will be made. If needed a solicitation amendment will be posted by 01 March 2019.

7. Issues By:

W911S2 MICC Fort Drum 31 Quartermaster Rd Fort Drum, NY 13602

8. This Acquisition is Set Aside 100% for Small Business Concerns under NAICS Code 811310, size standard of $7.5 Million.

9. Discount Terms:

10. Method of Solicitation: RFQ

11. The Solicitation incorporated FAR 52.212-4, 52.212-3, and 52.212-5

12. Deliver To: Fort Drum, NY

13. Contractor/Offeror:

14. Total Price:

15. The Contractor is Required to Sign This Document and Return 1 Copy To The Issuing Office. The Contractor Agrees To Furnish And Deliver All Items Set Fort Or Otherwise Identified Above And On Any Additional Sheets Subject To The Terms And Conditions Specified Herein.

16. Signature of Offeror/Contractor:

17. Name and Title of Signer (Type or Print)

18. Date Signed:

AMOUNTITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

EST

Months

Elevator Maintenance

FFP

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

FOB: Destination PSC CD: J099

NET

QUANTITY

UNIT

UNIT PRICE

EST

Each

Elevator Semi-Annual Inspection

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

QUANTITY

UNIT

UNIT PRICE

EST

Each

Elevator Annual Inspection

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NO
SUPPLIES/SERVICESQUANTITY
UNIT
UNIT PRICE
AMOUNT

EST

50
Each

Elevator Emergency Calls

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT
100112Months
OPTION ESTElevator Maintenance

FFP

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

NET AMT

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT
10022Each
OPTION ESTElevator Semi-Annual Inspection

FFP

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT
10031Each
OPTION ESTElevator Annual Inspection

FFP

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NO
SUPPLIES/SERVICESQUANTITY
UNITUNIT PRICEAMOUNT
1004
50
Each
OPTION EST
Elevator Emergency Calls

FFP

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT
200112Months
OPTION ESTElevator Maintenance

FFP

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT
20022Each
OPTION ESTElevator Semi-Annual Inspection

FFP

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT
20031Each
OPTION ESTElevator Annual Inspection

FFP

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NO
SUPPLIES/SERVICESQUANTITY
UNITUNIT PRICEAMOUNT
2004
50
Each
OPTION EST
Elevator Emergency Calls

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT
300112Months
OPTION ESTElevator Maintenance

FFP

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT
30022Each
OPTION ESTElevator Semi-Annual Inspection

FFP

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT
30031Each
OPTION ESTElevator Annual Inspection

FFP

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NO
SUPPLIES/SERVICESQUANTITY
UNITUNIT PRICEAMOUNT
3004
50
Each
OPTION EST
Elevator Emergency Calls

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT
400112Months
OPTION ESTElevator Maintenance

FFP

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT
40022Each
OPTION ESTElevator Semi-Annual Inspection

FFP

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT
40031Each
OPTION ESTElevator Annual Inspection

FFP

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NO
SUPPLIES/SERVICESQUANTITY
UNITUNIT PRICEAMOUNT
4004
50
Each
OPTION EST
Elevator Emergency Calls

Provide all resources, except Government Furnished Property (GFP), necessary to provide Elevator Maintenance at Fort Drum, New York, in accordance with (IAW) the Performance Work Statement and the terms and conditions of the contract.

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICE
7500Contractor Manpower Reporting FFP

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

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

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICE
7502Contractor Manpower Reporting
FFP

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

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICE
7503Contractor Manpower Reporting

FFP

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

ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICE
7504Contractor Manpower

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

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
0002
Destination
Government
Destination
Government
0003
Destination
Government
Destination
Government
0004
Destination
Government
Destination
Government
1001
Destination
Government
Destination
Government
1002
Destination
Government
Destination
Government
1003
Destination
Government
Destination
Government
1004
Destination
Government
Destination
Government
2001
Destination
Government
Destination
Government
2002
Destination
Government
Destination
Government
2003
Destination
Government
Destination
Government
2004
Destination
Government
Destination
Government
3001
Destination
Government
Destination
Government
3002
Destination
Government
Destination
Government
3003
Destination
Government
Destination
Government
3004
Destination
Government
Destination
Government
4001
Destination
Government
Destination
Government
4002
Destination
Government
Destination
Government
4003
Destination
Government
Destination
Government
4004
Destination
Government
Destination
Government
7500
N/A
N/A
N/A
N/A
7501
N/A
N/A
N/A
N/A
7502
N/A
N/A
N/A
N/A
7503
N/A
N/A
N/A
N/A
7504
N/A
N/A
N/A
N/A

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
POP 01-APR-2019 TO 31-MAR-2020
N/A
PUBLIC WORKS SUPPLY PUBLIC WORKS SUPPLY T4000 FIRST STREET WEST

FORT DRUM, NEW YORK NY 13602

FOB: Destination W8100J

0002
POP 01-APR-2019 TO 31-MAR-2020
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

0003
POP 01-APR-2019 TO 31-MAR-2020
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

0004
POP 01-APR-2019 TO 31-MAR-2020
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

1001
POP 01-APR-2020 TO 31-MAR-2021
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

1002
POP 01-APR-2020 TO 31-MAR-2021
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

1003
POP 01-APR-2020 TO 31-MAR-2021
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

1004
POP 01-APR-2020 TO 31-MAR-2021
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

2001
POP 01-APR-2021 TO 31-MAR-2022
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

2002
POP 01-APR-2021 TO 31-MAR-2022
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

2003
POP 01-APR-2021 TO 31-MAR-2022
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

2004
POP 01-APR-2021 TO 31-MAR-2022
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

3001
POP 01-APR-2022 TO 31-MAR-2023
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

3002
POP 01-APR-2022 TO 31-MAR-2023
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

3003
POP 01-APR-2022 TO 31-MAR-2023
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

3004
POP 01-APR-2022 TO 31-MAR-2023
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

4001
POP 01-APR-2023 TO 31-MAR-2024
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

4002
POP 01-APR-2023 TO 31-MAR-2024
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

4003
POP 01-APR-2023 TO 31-MAR-2024
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

4004
POP 01-APR-2023 TO 31-MAR-2024
N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination W8100J

7500
N/A
N/A
N/A
N/A
7501
N/A
N/A
N/A
N/A
7502
N/A
N/A
N/A
N/A
7503
N/A
N/A
N/A
N/A
7504
N/A
N/A
N/A
N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3
Gratuities
APR 1984
52.203-17
Contractor Employee Whistleblower Rights and Requirement
APR 2014

To Inform Employees of Whistleblower Rights

52.204-7
System for Award Management
OCT 2018
52.204-9
Personal Identity Verification of Contractor Personnel
JAN 2011
52.204-10
Reporting Executive Compensation and First-Tier
OCT 2018

Subcontract Awards

52.204-13
System for Award Management Maintenance
OCT 2018
52.204-23
Prohibition on Contracting for Hardware, Software, and
JUL 2018

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities.

52.212-1
Instructions to Offerors--Commercial Items
OCT 2018
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
52.217-5
Evaluation Of Options
JUL 1990
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.232-40
Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1
Disputes
MAY 2014
52.233-3
Protest After Award
AUG 1996
52.237-2
Protection Of Government Buildings, Equipment, And
APR 1984

Vegetation

52.243-1 Alt I
Changes--Fixed Price (Aug 1987) - Alternate I
APR 1984
252.201-7000
Contracting Officer's Representative
DEC 1991
252.203-7000
Requirements Relating to Compensation of Former DoD
SEP 2011

Officials

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

Officials

252.204-7008
Compliance With Safeguarding Covered Defense Information
OCT 2016

Controls

252.223-7006
Prohibition On Storage, Treatment, and Disposal of Toxic or
SEP 2014

Hazardous Materials

252.225-7001
Buy American And Balance Of Payments Program-- Basic
DEC 2017
252.225-7002
Qualifying Country Sources As Subcontractors
DEC 2017
252.232-7003
Electronic Submission of Payment Requests and Receiving
JUN 2012

Reports

252.232-7010
Levies on Contract Payments
DEC 2006
252.237-7010
Prohibition on Interrogation of Detainees by Contractor
JUN 2013

Personnel

252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.243-7002
Requests for Equitable Adjustment
DEC 2012
252.247-7023
Transportation of Supplies by Sea
APR 2014

CLAUSES INCORPORATED BY FULL TEXT

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:

Price

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

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

(End of provision)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended. “Sensitive technology”--

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service- connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

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

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

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

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

(1) Small business concern. The offeror represents as part of its offer that it ( business concern.

) is, (

) is not a small

(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 ( not a veteran-owned small business concern.

) is, (

) is

(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 ( disadvantaged business concern as defined in 13 CFR 124.1002.

) is, (

) is not a small

(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 ( owned small business concern.

) is, (

) is not a women-

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

(i) It [

] is, [

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

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

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

(i) It [

] is, [

] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

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

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

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

(i) It [

] is, [

] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [

] is, [

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

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

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

(i) It (

) has, (

) has not, participated in a previous contract or subcontract subject either to the Equal

Opportunity clause of this solicitation, the and

(ii) It (

) has, (

) has not, filed all required compliance reports.

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

(i) It (

) has developed and has on file, (

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

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

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

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

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

(2) Foreign End Products:

Line Item No.
Country of Origin

(List as necessary)

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

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

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

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

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

Line Item No.
Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States

(iv) 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

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

Line Item No.
Country of Origin

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

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

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

Line Item No.
Country of Origin

(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:

Line Item No.
Country of Origin

(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

Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(h) 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. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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.

(i) 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

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product
Listed Countriesof Origin

(1) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) ( ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ) Outside the United States.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) ( ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

[ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror (

) does (

) does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

[ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror (

) does (

) does not certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or…

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