IB08 REVISED COMBINE SYNOPSIS CORRECTING CLINS.pdf

COMBINED SYNOPSIS/SOLICITATION

For

W9124D-21-R-0027 Caskets

**CLIN 0002, 1002, 2002, 3002, and 4002 Item description has changed from “metal” to “wood”**

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” and FAR Part 13 “Contracting Methods and Contract Types” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a formal SF 1449 solicitation will not be issued. At time of award, the contract will be issued on a formal

SF 1449.

2. Solicitation number W9124D-21-R-0027 is issued as a Request for Quotation (RFQ).

If appearing in this combined synopsis/solicitation the terms “RFP” shall mean “RFQ” and the term “proposal” or “offer” shall mean “quote.”

3. This requirement is solicited under full and open competition with the associated NAICS code being 339995 and the size standard being 1,000 employees.

4. The list of Contract Line Item Numbers (CLIN’s): the offeror shall submit prices for each CLIN with the exception of the shipping CLIN. The offeror shall use the plug numbers provided by the Government for shipping CLIN’s in calculating base and option period total amounts; if the plug numbers are not used, the Offeror’s proposal will be deemed noncompliant in accordance with the solicitation and will not be considered for award. No other figure will we accepted. If anything other than the plug number is used in the offeror’s quote, the proposal shall be found unacceptable. The shipping plug numbers are based on the estimated maximum number of shipments per location per year and represent a not to exceed amount.

CLIN Description Quantity

(estimates)

Unit of Issue Unit Price Amount

0001 Standard Metal Casket, Base Year 17 EA

0002 Standard Wood Casket, Base Year 17 EA

0003 Oversize Metal Casket, Base Year 5 EA

0004 Oversize Wood Casket, Base Year 5 EA

0005 Cremation Casket, Base Year 7 EA

0006 Urn-Solid Bronze, Base Year 3 EA

0007 Urn-Solid Bronze Oversize, Base Year 3 EA

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0008 Urn-Solid Hardwood, Base Year 3 EA

0009 Urn-Solid Hardwood Oversize, Base Year

3 EA

0010 Air Tray - Standard, Base Year 130 EA

0011 Air Tray - Oversize, Base Year 10 EA

0012 Europe Shipping, Base Year 3 EA $27,500.00 $82,500.00

0013 Korea Shipping, Base Year 3 EA $26,500.00 $79,500.00

BASE PERIOD TOTAL AMOUNT=

Unit of Issue Unit Price Amount

1001 Standard Metal Casket, Option Year 1 17 EA

1002 Standard Wood Casket, Option Year 1 17 EA

1003 Oversize Metal Casket, Option Year 1 5 EA

1004 Oversize Wood Casket, Option Year 1 5 EA

1005 Cremation Casket, Option Year 1 7 EA

1006 Urn-Solid Bronze, Option Year 1 3 EA

1007 Urn-Solid Bronze Oversize, Option Year 1

1008 Urn-Solid Hardwood, Option Year 1 3 EA

1009 Urn-Solid Hardwood Oversize, Option Year 1

1010 Air Tray - Standard, Option Year 1 130 EA

1011 Air Tray - Oversize, Option Year 1 10 EA

1012 Europe Shipping, Option Year 1 3 EA $29,425.00 $88,275.00

1013 Korea Shipping, Option Year 1 3 EA $28,355.00 $85,065.00

OPTION YEAR 1 TOTAL AMOUNT=

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Unit of Issue Unit Price Amount

2001 Standard Metal Casket, Option Year 2 17 EA

2002 Standard Wood Casket, Option Year 2 17 EA

2003 Oversize Metal Casket, Option Year 2 5 EA

2004 Oversize Wood Casket, Option Year 2 5 EA

2005 Cremation Casket, Option Year 2 7 EA

2006 Urn-Solid Bronze, Option Year 2 3 EA

2007 Urn-Solid Bronze Oversize, Option Year 2

3 EA

2008 Urn-Solid Hardwood, Option Year 2 3 EA

2009 Urn-Solid Hardwood Oversize, Option Year 2

3 EA

2010 Air Tray - Standard, Option Year 2 130 EA

2011 Air Tray - Oversize, Option Year 2 10 EA

2012 Europe Shipping, Option Year 2 3 EA $31,484.75 $94,454.25

2013 Korea Shipping, Option Year 2 3 EA $30,339.85 $91,019.55

OPTION YEAR 2 TOTAL AMOUNT=

Unit of Issue Unit Price Amount

3001 Standard Metal Casket, Option Year 3 17 EA

3002 Standard Wood Casket, Option Year 3 17 EA

3003 Oversize Metal Casket, Option Year 3 5 EA

3004 Oversize Wood Casket, Option Year 3 5 EA

3005 Cremation Casket, Option Year 3 7 EA

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3006 Urn-Solid Bronze, Option Year 3 3 EA

3007 Urn-Solid Bronze Oversize, Option Year 3

3 EA

3008 Urn-Solid Hardwood, Option Year 3 3 EA

3009 Urn-Solid Hardwood Oversize, Option Year 3

3 EA

3010 Air Tray - Standard, Option Year 3 130 EA

3011 Air Tray - Oversize, Option Year 3 10 EA

3012 Europe Shipping, Option Year 3 3 EA $33,688.68 $101,066.05

3013 Korea Shipping, Option Year 3 3 EA $32,463.64 $97,390.92

OPTION YEAR 3 TOTAL AMOUNT=

Unit of Issue Unit Price Amount

4001 Standard Metal Casket, Option Year 4 17 EA

4002 Standard Wood Casket, Option Year 4 17 EA

4003 Oversize Metal Casket, Option Year 4 5 EA

4004 Oversize Wood Casket, Option Year 4 5 EA

4005 Cremation Casket, Option Year 4 7 EA

4006 Urn-Solid Bronze, Option Year 4 3 EA

4007 Urn-Solid Bronze Oversize, Option Year 4

4008 Urn-Solid Hardwood, Option Year 4 3 EA

4009 Urn-Solid Hardwood Oversize, Option Year 4

3 EA

4010 Air Tray - Standard, Option Year 4 130 EA

4011 Air Tray - Oversize, Option Year 4 10 EA

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4012 Europe Shipping, Option Year 4 3 EA $36,046.89 $108,140.67

4013 Korea Shipping, Option Year 4 3 EA $34,736.09 $104,208.28

OPTION YEAR 4 TOTAL AMOUNT=

5. The description of the requirement is included in the Statement of Work provided herein.

6. Date and place of performance:

CLIN Date Location

Base Delivery Period 15 July 2021-14 July 2022

Miesau Army Depot U.S. Army Memorial Affairs Activity - Europe Building 1252 Miesau, Germany 66892

And/Or

USFK Casualty & Mortuary Affairs Center

Option Year One Delivery Period 15 July 2022-14 July 2023

Option Year Two Delivery Period 15 July 2023-14 July 2024

Option Year Three Delivery Period 15 July 2024-14 July 2025

USAG-Yongsan Unit 15333 South Post Bldg 5498 Routing # 319

4001 Option Year Four Delivery Period Yongsan, South Korea

- 15 July 2025-14 July 2026

7. FAR Provision 52.212-1, Instructions to Offerors -- Commercial Items, applies to this acquisition. The government anticipates award of a firm fixed price requirements contract from this solicitation. Reference paragraph 18 for historical order quantities per Fiscal Year (FY). Offeror’s quote shall price all CLINs, EXCEPT shipping CLINs, which are Cost Reimbursable CLINs and include plug numbers representing a not to exceed amount. Offerors that do not provide pricing for all CLINs minus the shipping CLINs and their corresponding option periods shall be deemed non-compliant to the solicitation and ineligible for the award. Offeror’s that do not provide the Buy American Certificate for CLINs 0001 through 0013 (reference paragraph 15 Buy American Act Compliance Certificate) shall be deemed non-compliant to the solicitation and will be ineligible for the award. Offeror's SAM registration shall be active in order to be eligible for award.

Quotes containing a name and address different from that registered in SAM may be deemed ineligible for award.

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8. FAR Provision 52.212-2, Evaluation - Commercial Items, does not apply to this acquisition. Award will be made to the lowest Total Evaluated Price that meets the minimum requirements of the Statement of Work. Price will be evaluated by performing one or more of the price analysis techniques in FAR 13.106-2, “Evaluation of Quotations or Offers.” Through these techniques, the Government will determine whether prices are fair, reasonable, and balanced. The offeror's Total Evaluated Price will include the base period, and, all options.

9. FAR Provision 52.212-3, Offeror Representations and Certifications -- Commercial Items, Alternate I, applies to this acquisition and Offerors shall include a completed copy of the provision with its offer.

10. FAR Clause 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition, there is no addendum.

11. The Contracting Officer has determined the additional contract terms and conditions are necessary for this acquisition and consistent with customary commercial practices.

12. Quotes are due June 7, 2021 at 10:00 AM Eastern Standard Time (EST) to the Contracting Officer and the Contracting Specialist. Written questions shall be submitted electronically NO LATER THAN, 09:00 AM EST, 25 May 2021. Late submission may not be given consideration. Questions shall identify the Statement of Work paragraph number or solicitation reference with each question. Responses to questions shall be provided to offeror’s simultaneously via amendment, if applicable. The Contracting Officer reserves the right to NOT respond to all questions received. Telephonic inquiries will not be entertained. Offerors shall submit only written questions and or comments with the subject line: W9124D-21-R-0027, Caskets, QUESTIONS/COMMENTS/ EXCEPTIONS. All questions shall be submitted to the attention of the assigned Contracting Officer and Contract Specialist.

13. The points of contact for information regarding this solicitation is Ms.

Deborah R. Randall (Contract Specialist), deborah.r.randall.civ@mail.mil and Ms.

Melody A. Price(Contracting Officer), melody.a.price8.civ@mail.mil

14. Berry Amendment Compliance: This contract action is exempt from the requirement at DFARS 225.7002-1 Restrictions, because the Secretary of the Army approved a Class Determination and Findings for Domestic Non- AvailabilityDetermination for casket liners. The determination is effective from 12 November2019 and is applicable for a period of 10 years. If a casket liner that meets the requisite requirements becomes available from a United States mailto:deborah.r.randall.civ@mail.mil mailto:melody.a.price8.civ@mail.mil

W9124D-21-R-0027 manufacturer, thisexception to the Berry Amendment will no longer apply.

15. Buy American Act Compliance: The Buy American Act is applicable to this contract action IAW DFARS Clause 252.225-7001, Buy American and Balance of Payments Program DEC 2017 Alternate I. Offeror’s shall submit a Buy American Act Certification that indicates the manufacturers origin for CLIN’s 0001 through 0011 and the Buy American Act shall also include the option periods minus the shipping CLINs.

17. Historical Shipping Quantities per FY: the table below provides the historic shipping quantities for caskets to Korea and Europe. The Government does not have historic shipping quantities for CLIN 0005, 1005, 2005, 3005, and 4005, for the cremation caskets; CLIN 0006, 1006, 2006, 3006, and 4006 for the Urn-Solid Bronze Standard;

CLIN 0007, 1007, 2007, 3007, and 4007 for the Urn-Solid Bronze Oversize; CLIN 0009, 1009, 2009,3009, and 4009 for the Urn-Hardwood Oversized. Reference table provided in 52.219-6 for the maximum order number for the above CLIN’s. The amounts in the solicitation are estimates and do not guarantee those quantities will be fully utilized or exceeded.

FY18 FY19 FY20

11/9/2017

Germany 4/20/2018

Korea 8/19/2019 Germany

Korea

6/9/2020 Germany

05/04/2020 Korea

Casket, Standard Metal 50 0 0 0 0 11 Casket, Standard Wood 37 20 54 0 0 11 Casket, Oversized Metal 0 4 0 0 12 0 Casket, Oversized Wood 5 4 0 0 12 0 Air Tray, Adult Standard 106 20 0 0 80 0 Air Tray, Adult Oversize 0 8 0 0 0 0 Shipping $21,854.54 $21,854.54 $2,911.00 0 $25,804.05 $24,861.93

W9124D-21-R-0027

Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement

(DFARS)Clauses and Provisions

FAR and DFARS Clauses and Provisions Incorporated By Reference:

FAR 52.203-3 Gratuities, Apr 1984 FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions, Oct 2010 FAR 52.204-7 System for Award Management, Oct 2018 FAR 52.204-13 System for Award Management Maintenance, Oct 2018 FAR 52.204-16 Commercial and Government Entity Code Reporting, Jul 2016 FAR 52.204-18 Commercial and Government Entity Code Maintenance, Jul 2016 FAR 52.209-7 Information Regarding Responsibility Matters, Oct 2018 FAR 52.212-1 Instructions to Offerors--Commercial Items (DEVIATION2018-O0018), Oct 2018 FAR 52.212-4 Contract Terms and Conditions--Commercial Items, Oct 2018 FAR 52.217-5 Evaluation of Options, Jul 1990 FAR 52.242-13 Bankruptcy, Jul 1995 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors, DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials, Nov 2011 DFARS 252.203-7003 Agency Office of the Inspector General, Dec 2012 DFARS 252.203-7005 Representation Relating to Compensation of Former DoDOfficials, Nov 2011 DFARS 252.204-7003 Control of Government Personnel Work Product, Apr 1992 DFARS 252.204-7008 Compliance with Safeguarding Covered Defense InformationControls, Oct 2016 DFARS 252.204-7015 Notice of Authorized Disclosure of Information for LitigationSupport, May 2016 DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders, Dec 1991 DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled By TheGovernment of a Country that is a State Sponsor of Terrorism, Oct 2015 DFARS 252.211-7008 Use of Government-Assigned Serial Numbers, Sep 2010 DFARS 252.215-7007 Notice of Intent to Resolicit, Jun 2012 DFARS 252.225-7001 Buy American and Balance of Payments Program Alternate I, Dec 2017 DFARS 252.225-7002 Qualifying Country Sources as Subcontractors, Dec 2017 DFARS 252.225-7012 Preference for Certain Domestic Commodities, Dec 2017 DFARS 252.225-7048 Export-Controlled Items, Jun 2013 DFARS 252.226-7001 Utilization of Indian Organizations and Indian-Owned EconomicEnterprises, and Native Hawaiian Small Business Concerns, Apr 2019 DFARS 252.232-7003 Electronic Submission of Payment Requests and ReceivingReports, Dec 2018 DFARS 252.232-7010 Levies on Contract Payments, Dec 2006 DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel, Jun DFARS 252.243-7001 Pricing Of Contract Modifications, Dec 1991 DFARS 252.243-7002 Requests for Equitable Adjustment, Dec 2012 DFARS 252.244-7000 Subcontracts for Commercial Items, Jun 2013 DFARS 252.247-7023 Transportation of Supplies by Sea, Apr 2014

FAR and DFARS Clauses and Provisions Incorporated By Full Text:

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

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The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization

Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

W9124D-21-R-0027 contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the

Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

https://www.sam.gov/

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(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered

(include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the

Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment

(include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered

(include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

W9124D-21-R-0027

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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

(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.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for

Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it � does, � does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

FAR 52.212-3 Offeror Representations and Certifications--Commercial Items FEB

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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 https://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_252523041 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim

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(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”—

“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 veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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(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 with13 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 at13 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 CFR124.104(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 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.

Women-owned small business concern means a small business concern— http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim

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(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

(b) (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 (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 will be performed in the United States or its outlying areas. Check all that apply.

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

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □is, □is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □is, □is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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(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:

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

(i) It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

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

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ 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.)

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(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) (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:

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(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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate

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

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

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate

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

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Canadian or Israeli End Products:

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate

III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following 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 accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053648 https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771

W9124D-21-R-0027 only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

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

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

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

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