W911YN22R0004_SAM_SOL 6-14-22.pdf

Best Value Trade-Off

Using FAR 13.5 and FAR Part 12 Procedures

1.0 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; quotations are being requested and a written solicitation will not be issued.

1.1. The combined synopsis is issued as a Request for Quote (RFQ) under solicitation number: W911YN-22-

R-0004. This solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC2022-04 (30 Jan 2022).

1.2. Small Business Set-Aside: 100%; Applicable Size Standard: 1,000

1.3. NAICS Code: 333318

1.4. Product or Service Code (PSC): 3290

1.5. Posting Date: 14 June 2022

1.6. Questions Due: NTL 2:00 p.m. 24th June 2022 EST

Questions/Answers: will be posted by 4 p.m. 30th June 2022 EST (No additional questions will be entertained)

Response Date: NLT 11:00 a.m. on 9th July 2022 EST

1.7. Contracting Office: USPFO, 189 Marine Street, St. Augustine, FL 32085-1008,

1.8. Government Points of Contact: Contract Specialist: RUTHA.T.LAWRENCE.civ@army.mil

1.9. Line-item number(s) and items, quantities, and units of measure Pricing of CLINS 0001 Base Year 1-3

Jobs, CLIN 1001 Option Year 1-3 Jobs, CLIN 2001 Option Year 1-3 Jobs, CLIN 3001 Option Year 1-3

Jobs, CLIN 4001 Option Year 1-3 Jobs

1.10. Description of requirements for the items to be acquired: See Attached PWS Requirement Section

1.11. Date(s) and place(s) of delivery and acceptance and FOB point: See Attached PWS Requirement Section

Provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, and addendum applies to this acquisition

*Period of Performance: Period 1: 30 September 2022 - 29 September 2023 then 4 additional (12-month option years ending on September 29, 2027)

1.12. Offerors shall include a completed copy of 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services with its proposal.

1.13. FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services applies to this acquisition.

1.14. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Products and Commercial Services, applies to this acquisition. See clause below, in full text, for list of additional applicable clauses.

1.15. Additional contract provisions and clauses are applicable and included below.

1.16. Defense Priorities and Allocations Systems (DPAS) Rating: Not rated.

mailto:RUTHA.T.LAWRENCE.civ@army.mil https://www.acquisition.gov/far/part-52#FAR_52_212_5

2.0 PROPOSAL SUBMISSION INSTRUCTION

2.1 Submission Due Date: The offeror must ensure its PROPOSAL, in its entirety, reaches the required destination before the date and time set for closing of the solicitation. The submission due date for this solicitation is NLT 11:00am on 9 July 2022 EST.

2.2 Late Proposals. The lateness rules for submitted PROPOSALs are outlined in FAR 52.212-1 "Instructions to Offerors-Commercial Products and Commercial Services," and are incorporated into this solicitation.

2.3 Submission. The PROPOSAL submitted in response to this solicitation shall be formatted as stated below and furnished electro 2.2 Late Proposals. The lateness rules for submitted PROPOSALs are outlined in FAR

52.212-1 "Instructions to Offerors-Commercial Products and Commercial Services," and are incorporated into this solicitation.

2.3 Submission. The PROPOSAL submitted in response to this solicitation shall be formatted as stated below and furnished electronically to the Contract Specialist (CS), Rutha T. Lawrence, RUTHA.T.LAWRENCE.civ@army.mil . The PROPOSAL shall only be submitted as described.

2.4 PROPOSAL Compliance. The Government must have received from the offeror a fully compliant

PROPOSAL. The PROPOSAL is compliant when it conforms to all of the requirements, terms, and conditions of the solicitation, including the Performance Work Statement (PWS).

2.5 PROPOSAL Acceptance. The contractor shall make a clear statement in the PROPOSAL as to the expiration date of the PROPOSAL and the stated expiration date shall be valid for all proposed subcontractors as well.

2.5.1 FAR 52.212-1(c) is hereby tailored for this solicitation: The contractor shall specify a

PROPOSAL acceptance period in the PROPOSAL Summary of not less than 30 days from the date of the solicitation closing. This date may be extended by mutual agreement.

2.6 PROPOSAL Retention. In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful PROPOSALS.

***Addendum to FAR 52.212-1***

2.0 PROPOSAL SUBMISSION INSTRUCTIONS

2.1 Submission Due Date. The offeror must ensure its PROPOSAL, in its entirety, reaches the required destination before the date and time set for closing of the solicitation. The submission due date for this solicitation is NLT 11:00am on 9 July 2022 EST.

2.2 Late Proposals. The lateness rules for submitted PROPOSALS are outlined in FAR 52.212-1

"Instructions to Offerors-Commercial Products and Commercial Services," and are incorporated into this solicitation.

2.3 Submission. The PROPOSAL submitted in response to this solicitation shall be formatted as stated below and furnished electronically to the Contract Specialist (CS: Rutha T. Lawrence at

RUTHA.T.LAWRENCE.civ@army.mil . The PROPOSAL shall only be submitted as described.

2.4 PROPOSAL Compliance. The Government must have received from the offeror a fully compliant

PROPOSAL. The PROPOSAL is compliant when it conforms to all of the requirements, terms, and conditions of the solicitation, including the Performance Work Statement (PWS).

2.5 PROPOSAL Acceptance. The contractor shall make a clear statement in the PROPOSAL as to the expiration date of the PROPOSAL and the stated expiration date shall be valid for all proposed subcontractors as well.

2.5.1 FAR 52.212-1(c) is hereby tailored for this solicitation: The contractor shall specify a

PROPOSAL acceptance period in the PROPOSAL Summary of not less than 45 days from the date of the solicitation closing. This date may be extended by mutual agreement.

2.6 PROPOSAL Retention. In accordance with FAR Subpart 4.8, Government Contract Files, the

Government will retain one copy of all unsuccessful proposals.

2.7 Single PROPOSAL Submission. FAR 52.212-1 is hereby tailored to remove subparagraph (e), which does not apply to this solicitation.

2.7.1 Offerors are limited to submitting one PROPOSAL with one approach to meeting all the requirements of this solicitation.

2.7.2 PROPOSALS that contain alternative terms and conditions will be considered as taking exception to the requirements of the solicitation.

3.0 PROPOSAL FORMAT

3.1 This section provides guidance to the offeror for preparing a PROPOSAL in response to the solicitation. The offeror’s PROPOSAL shall include all data and information required by this solicitation and submitted in accordance with these instructions. Any contract resulting from this effort shall be required to meet United States Government regulations and statutory requirements. In addition, the offeror is expected to ensure compliance with all laws, regulations, standards, and any other constraints specifically identified in the solicitation.

3.2 The PROPOSAL submitted in response to the solicitation shall be formatted as stated below and furnished as stated herein.

3.2.1 The acceptable electronic formats for proposals shall be compatible with MS Office

2013, specifically MS Word and MS Excel; PDF format is acceptable for the Technical

PROPOSAL and price narrative. The price PROPOSAL must be in MS Excel format.

3.2.2 Minimum type size shall be 12-point Time New Roman standard font with single spacing

(not to exceed 46 lines per page). Typesetting, font compression, or other techniques to reduce character size or spacing are not permitted and are considered a deliberate attempt to circumvent the page limitations. Prohibited techniques include setting the paragraph line spacing, a feature of MS Word, “exactly at 12-point.”

3.2.3 All proposal volumes shall be labeled with the solicitation number (W911YN-22-R-0004, as well as the name, address, and telephone number of the Offeror.

3.2.4 All volumes shall be electronic files and not be password protected.

3.3 Offerors shall scan all files for computer viruses prior to submission to the Government.

3.4 PROPOSALS may not include classified information. All PROPOSALS shall be at the

UNCLASSIFIED level. Every submission must be properly identified and marked with the proper security classification.

4.0 PROPOSAL CONTENT AND ORGANIZATION

4.1 The offeror shall prepare the PROPOSAL as set forth in Table 1, PROPOSAL Organization Table and

Table 2, PROPOSAL file Name Matrix. The completion and submission to the Government of documents identified in Table 1, PROPOSAL Organization Table, shall constitute an offer and shall indicate the offeror’s unconditional consent to the terms and conditions of the solicitation.

4.2 The PROPOSAL shall not contain citations for, or active links to live Internet sites or pages. All linked information shall be contained within the electronic PROPOSAL. Any linked information that is not contained in the PROPOSAL will not be accepted.

4.3 Each volume shall be written or presented on a standalone basis. Information required for PROPOSAL evaluation that is not found in its designated volume or presentation will be assumed to have been omitted from the PROPOSAL and will not be considered.

4.4 Pages that exceed the required page limitations set forth in Table 1, PROPOSAL Organization Table, will not be evaluated by the Government. A cover page, table of contents, and acronym list shall be included in each volume and will not be included in any applicable page limits.

TABLE 1 PROPOSAL ORGANIZATION TABLE

VOLUME SECTION TITLE COPIES PAGE LIMIT

1 Factor 1: PRICE PROPOSAL - Evaluated 1 – electronic Unlimited

Factor 2: TECHNICAL Capability -

Evaluated 1 – electronic See Attached PWS

4.5 All electronic files must be submitted using the file names in Table 2, PROPOSAL File Name matrix, below.

TABLE 2 PROPOSAL FILE NAME MATRIX

Volume Volume Name File Name Contents

1 Vol. 1 / PRICE PROPOSAL (Offeror Name) – Price Narrative.docx Offeror’s Price Narrative

(Offeror Name) – Price

PROPOSAL.xlsx

Offeror’s Price

PROPOSAL

Spreadsheet

2 Vol. 2 / TECHNICAL

CAPABILITY

(Offeror Name) – Technical

Capability.docx

Offeror’s Technical

Capability

5.0 PRICE PROPOSAL DOCUMENTS

5.1 PROPOSALs shall be clear and concise and include sufficient detail for effective evaluation. The offeror shall not simply rephrase or restate the Government’s requirements but shall provide convincing rational to address how the offeror intends to meet those requirements. The offeror should assume the Government has no prior knowledge of its capabilities and experience. The Government will base its evaluation on the information presented in the offeror’s PROPOSAL in response to this solicitation.

5.2 PROPOSALs shall be structured in accordance with the Contract Line-Item Number (CLIN) structure set forth in the solicitation.

5.3 PRICE PROPOSAL, Volume 1, shall include:

• Solicitation No. W911YN-22-R-0004

• Date submitted

• Offeror’s name

• Offeror’s address, CAGE code, and DUNs

• Offeror’s contact information for PROPOSAL POC(s)

• All proposed subcontractor(s) (as applicable)

• Address, CAGE code, and DUNs for each proposed subcontractor

• PROPOSAL Acceptance Period

• OCI Plan or negative affirmation

5.4 Signature Actions/offeror Fill-Ins. Offerors shall submit a copy of all completed fill-ins for provisions and clauses requiring contractor provided information, and (if applicable) a signed copy of all amendments to the solicitation. System for Award Management (SAM) certifications need not be separately submitted; however, all offerors must be successfully registered and valid in SAM prior to award

5.5 Where certifications and approved systems are required for an offeror, if the PROPOSAL is being submitted by a Joint Venture, certifications and approved systems for the principals (partners) of the joint venture will be considered as valid for that offeror providing the necessary documentation from all principals (partners) is provided with the PROPOSAL.

5.6 Joint Venture (JV): To be recognized as a JV and eligible for award, the membership arrangements of the JV must be identified and the company relationships fully disclosed in the offeror's PROPOSAL

IAW FAR 9.603. A copy of the agreement establishing the JV must contain the signatures of all of the members comprising the JV.

5.7 Statement of Acknowledgement. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the Contracting Officer to reject the PROPOSAL from further consideration in the source selection process.

5.8 Assumptions. The offeror shall consolidate and identify all offeror's generated "assumptions" contained anywhere in the PROPOSAL. Also, the offeror shall include a statement that none of the

"assumptions" contradict or take exception to any terms, conditions, or requirements of the solicitation.

Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the KO to reject the PROPOSAL from further consideration in the source selection process.

5.9 PRICE PROPOSAL Format.

5.9.1 Electronic spreadsheet files (Workbooks) shall be sent in MS Excel 2013 compatible format, and include all formulas, functions, macros, computations, or equations used to compute the proposed amounts. There can be no cell references to data or files which are not included in the Price Volume. For each Workbook, all Rows, Columns, Cells and

Worksheets must be Visible Zero height/Zero width rows/columns in Worksheets are not acceptable. Worksheet cells formatted with the Font color equal to the Fill color are unacceptable. Workbooks or Worksheets shall not be password protected. Print image files or pictures (for example a picture of an Excel spreadsheet embedded in a word document) or files containing only values are not acceptable.

5.9.2 Supporting narrative, including Basis of Estimate (BOE) sheets, shall be provided in files that are MS Office 2013 compatible. BOEs may not be submitted as pictures. Text or spreadsheets used as supporting rationale within a BOE may not be included as a picture.

5.9.3 Under no circumstances is price information and documentation to be included elsewhere in the PROPOSAL.

5.10 The PRICE PROPOSAL shall contain:

5.10.1 The offeror shall submit data substantiating the price proposed to complete the requirements identified in the solicitation. The offeror’s price PROPOSAL shall contain sufficient factual information to establish that the proposed price is reasonable and complete. The offeror shall submit a narrative BOE to substantiate the price PROPOSAL.

5.10.2 The offeror shall provide

• The total price for each CLIN in the solicitation. For any CLIN providing more than one item provide the offeror shall also provide the price for each item.

5.10.3 In accordance with FAR 13.106-3(a), in addition to the information requested above, the

Government reserves the right to request additional or more detailed information to support its evaluation of price reasonableness.

6.0 TECHNICAL CAPABILITY, Volume 2, shall include:

6.1 The Technical Capability section of the PROPOSAL shall present relevant information articulating the offeror’s proposed approach to meeting the PWS requirements. This section shall clearly demonstrate the offeror’s understanding by providing a clear description of the proposed approach to performing the work. The offeror’s description should include a clear description of all processes and procedures employed. Offerors shall provide relevant experience (for this purpose, experience refers to what an offeror has done, not how well it was accomplished) in performing proposed processes and procedures.

This section shall not include any pricing data. The offeror’s PROPOSAL information will be evaluated to assess the risk that the offeror will timely meet contract requirements.

7.0 ORGANIZATIONAL CONFLICT OF INTEREST

7.1 The provisions of FAR 9.5, OCI, apply to any award under this solicitation. Potential offerors should review their current and planned participation in any other Government contracts, subcontracts, consulting, or teaming arrangements where they may be in a position of actual or perceived bias or unfair competitive advantage. A common example with the potential for OCI is where an entity performs work both as a system contractor/subcontractor and as a government support contractor for

Government offices involved in supporting program efforts or related programs.

7.2 All offerors shall make a preliminary disclosure to the PCO, at the time of its PROPOSAL, of any

Organizational Conflict of Interest (OCI) issues it has identified or provide an affirmative statement that the offeror does not have an Organizational Conflict of Interest (OCI) as it applies to this solicitation.

7.2.1 An offeror failing to submit an OCI plan that it is later determined should have been submitted, could cause the PROPOSAL to be rejected and no longer be considered for award. Offerors shall include in its plan where its employees are located and the total of employees in the location(s).

7.3 Offerors should disclose any potential OCI situations to the PCO as soon as identified including prior to PROPOSAL submission. The disclosure should include the facts and an analysis of the actual or perceived conflict and a recommended approach(s) to neutralize or mitigate the potential conflict. The preferred approach to potential conflicts is to negate/obviate the conflict. Mitigation is considered only if it is not practical to negate/obviate the conflict. The PCO will promptly respond to resolve any potential conflicts.

8.0 EVALUATION FACTORS FOR AWARD

8.1 The Government will award a contract resulting from this solicitation to the responsible offeror whose PROPOSAL 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:

8.1.1 Price

8.1.2 Technical

8.2 Basis for Award

8.2.1 The Government intends to award a single Firm-Fixed Price (FFP) Contract as a result of this solicitation.

8.2.2 Per FAR 9.103, the contract will be placed only with an offeror that the Contracting

Officer determines to be responsible, that is, those who can satisfactorily perform the necessary tasks and deliver the required services on time. Prospective offerors, in order to qualify as sources for this acquisition, must be able to demonstrate that they meet standards of responsibility set forth in FAR 9.104. In addition, the Government may assess the offeror’s financial ability to meet the solicitation requirements. No award can be made to an offeror who has been determined to be not responsible by the Contracting

Officer.

8.2.3 Consistency. Each section of the offeror’s PROPOSAL shall be consistent within the

PROPOSAL.

8.2.4 Completeness. The Government’s ability to evaluate a PROPOSAL may depend on the level of detail and supporting documentation provided. Insufficient supporting documentation or detail in a PROPOSAL may prevent the Government from evaluating a

PROPOSAL.

8.2.5 The Government will assess the offeror’s PROPOSAL on two (2) factors: (1) Total Price

(TP) and (2) Technical Capability.

8.3 EVALUATION OF PRICE FACTOR

8.3.1 Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3. Through these techniques the Government will determine whether prices are reasonable, complete, and are not unbalanced.

8.3.2 Reasonableness. The Government will evaluate the price reasonableness of the offerors' proposed prices to ensure that in its nature and amount, it does not exceed what would be incurred by a prudent person in the conduct of competitive business. The Government shall employ price analysis techniques in accordance with FAR 13.106-3 to determine that a proposed price is fair and reasonable.

8.3.3 Completeness. The Government reserves the right to conduct discussions with offerors, but discussions are not anticipated or intended. Since discussions are not anticipated or intended, the Government requires complete PROPOSALs with respect to price. A complete PROPOSAL will include all information required by this solicitation.

8.3.4 Unbalanced Pricing. Offerors should note that pricing will be carefully reviewed to detect whether proposals/PROPOSALs are unbalanced between line items or subline items, as well as unbalance between periods. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or understated as indicated by the application of cost or price analysis techniques.

Unbalanced offers may be determined unacceptable.

8.3.5 Options. The Government will evaluate proposals/PROPOSALs 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). Additionally, as part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by calculating the price for six months of performance using the monthly pricing from the offeror's final option period prices. The calculated twelve (12) month price will be added to the offeror's total proposed price. Thus, the offeror's total price for the purpose of evaluation will include the base period, all option periods, and the calculated twelve (12) month extension price. This evaluation will not obligate the Government to exercise any option under FAR

52.217-8.

8.4 EVALUATION OF TECHNICAL CAPABILITY

8.4.1 Evaluation of this factor will assess the offeror's proposed approach and understanding of the requirements and risk of unsuccessful performance of the proposed approach to technical capability in accordance with PWS paragraph(s) Requirements 5.0 through

5.1.2.

W911YN22R0004

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Aqueous Parts Washers (Base year)

FFP

There are 13 separate facilities supported and 16 total machines that will be used on this request.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011787329

PSC CD: W049

NET AMT

1001 12 Months OPTION Aqueous Parts Washers (Option Yr 1)

FFP

There are 13 separate facilities supported and 16 total machines that will be used on this request.

FOB: Destination

2001 12 Months OPTION Aqueous Parts Washers (Option Yr 2)

FFP

There are 13 separate facilities supported and 16 total machines that will be used on this request.

FOB: Destination

3001 12 Months OPTION Aqueous Parts Washers (Option Yr 3)

FFP

There are 13 separate facilities supported and 16 total machines that will be used on this request.

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 12 Months OPTION Aqueous Parts Washers (Option Yr 4)

FFP

There are 13 separate facilities supported and 16 total machines that will be used on this request.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011787329

PSC CD: W049

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 1001 N/A N/A N/A Government 2001 N/A N/A N/A Government 3001 N/A N/A N/A Government 4001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2022 TO

29-SEP-2023

N/A W32RRZ

MAJ KURT ZIEGLER

5629 SR 16 W BLDG 4102

STARKE, FL 32091 FL 32085-1008

FOB: Destination

W32RRZ

1001 POP 30-SEP-2023 TO

29-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W32RRZ

2001 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W32RRZ

3001 N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W32RRZ

POP 30-SEP-2024 TO

29-SEP-2025

POP 30-SEP-2025 TO

29-SEP-2026

POP 30-SEP-2026 TO

29-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W32RRZ

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2021

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

Subcontractors

DEC 2021

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 and Technical Capability; lowest price technically acceptable.

Technical and past performance, when combined, are equal.

(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).

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

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 (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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"--

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) 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 (v) 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 for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). 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.

(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) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "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) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "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) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements-- Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

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

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

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

Canadian End Products:

Line item No.

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

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

Canadian or Israeli End Products:

Line item No. Country of origin

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

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

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

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

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

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

Other End Products:

(iii) The Government will evaluate offers in…