Combined_Syn_Sol_Trucks.pdf

Combined Synopsis/Solicitation Number: W912HQ-18-T-0003 – Request for Offers

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format FAR 12.603 – Streamlined Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Offers are being requested and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96, dated November 06, 2017.

The requirement is for a 100% small business set-aside under NAICS code 532412, Construction, Mining, and Forest Machinery and Equipment Rental and Leasing. The size standard for this NAICS codes is $32.5 Million.

Description: The U.S. Army Prime Power School (USAPPS) requires equipment for the training yard, operations and maintenance and to instruct the Soldiers in the Power Line Distribution Course (PLDC) at the USAPPS, Fort Leonard Wood Missouri. This requirement is for leasing of a Digger Derrick Truck, Aerial Lift Bucket Truck, and any required maintenance for all vehicles as outlined in the Performance Work Statement (PWS). The technical specifications are outlined in the attached enclosures.

Contract Line Items: This requirement and associated contract line item numbers (CLINs) is provided below:

CLIN# Description Quantities Units of Measure

Unit Price Total

0001 02 January 2018 – 30 November 2018, Truck Rental

1 Job

1001 01 December 2018 – 30 November 2019, 2001 01 December 2019 – 30 November 2020, 3001 01 December 2020 – 30 November 2021, 4001 01 December 2021 – 30 November 2022, Basis for award: The Government will award a contract resulting from this combined synopsis solicitation on the basis of the lowest evaluated price of responsible offers whose product/service meets the requirements as listed in the performance work statement.

Offerors must submit the following documents for this solicitation:

1. Offer using CLIN structure above;

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

3. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration

Offerors are required to be actively registered with the System for Award Management (SAM) at www.sam.gov prior to award. Offerors are highly encouraged to download and review all attachments to this solicitation prior to submitting an offer.

Period and Place of Performance:

The period of performance shall be as follows for all three pieces of equipment:

The Base Period is 02 January 2018 – 30 November 2018 and includes three classes:

Class 1: 02 January 2018 – 30 March 2018

Class 2: 30 April 2018 – 27 July 2018

Class 3: 20 August 2018 – 16 November 2018

The Option Period 1 is 01 December 2018 – 30 November 2019 and includes three classes:

Class 1: 31 December 2018 – 29 March 2019

Class 2: 29 April 2019 – 26 July 2019

Class 3: 19 August 2019 – 15 November 2019

The Option Period 2 is 01 December 2019 – 30 November 2020 and includes three classes:

Class 1: 30 December 2019 – 03 April 2020

Class 2: 27 April 2020 – 24 July 2020

Class 3: 17 August 2020 – 20 November 2020

The Option Period 3 is 01 December 2020 – 30 November 2021 and include three classes:

Class 1: 28 December 2020 – 02 April 2021

Class 2: 26 April 2021 – 23 July 2021

Class 3: 23 August 2021 – 19 November 2021

The Option Period 4 is from 01 December 2021 – 30 November 2022 and includes three classes:

Class 1: 27 December 2021 – 01 April 2022

Class 2: 02 May 2022 – 22 July 2022

Class 3: 22 August 2022 – 18 November 2022

Delivery shall take place at:

United States Army Prime Power School

10025 Jean Ave.

BLDG. 12630, FLW 28

Fort Leonard Wood, MO 65473

Date, Time, and Place Offers are Due: The closing date for the delivery of a response to this combined synopsis/solicitation is on or before 1:00 pm Eastern Daylight Time (EDT), on 22 December 2017. Offers should be e-mailed or mailed to the Points of Contact (POC) shown below by the closing date and time. If offers are mailed, an electronic version of the offer (i.e. CD, DVD, etc.) should accompany the paper copy. If an offer is e-mailed to the POCs shown below, it is the offeror’s responsibility to ensure that the transmission is received by the Government prior to the closing date and time. Upon receipt of an electronic offer, the Government will acknowledge receipt of that offer via email to the offeror.

POC: Eric Thor Address: 7701 Telegraph Road Alexandria VA Email: Eric.P.Thor@usace.army.mil

CEPP-S 08 December 2017

MEMORANDUM FOR:

SUBJECT: Outsourcing Motor Vehicle Lease for Power Line Distribution Course Performance Work Statement

1.0 General Information

1.1 Description of services and introduction:

The U.S. Army Prime Power School (USAPPS) requires equipment for the training yard, operations and maintenance and to instruct the Soldiers in the Power Line Distribution Course (PLDC) at the USAPPS, Fort Leonard Wood Missouri. Services to be provided through a vehicle contract includes leasing of a Digger Derrick Truck, Aerial Lift Bucket Truck, and any required maintenance for all vehicles as outlined in the Performance Work Statement (PWS). The number of classes and timelines the vehicles will be required are determined by the USAPPS.

The Prime Power School (PPS) plans to conduct three (3) classes per year, class size can range from four (4) to eight (8) students per class.

Structured Manning Decision Review, conducted by Department of Army, establishes the number of students we train per year. Programmed training numbers will determine the number of classes that are conducted. The government requires flexibility in the rental agreement to not incur rental fees when training is not scheduled. The term used when no training is scheduled is “Non-Conduct.” Non-conduct means PPS training requirement may be one, two or no class for the year. In the case of no classes during the year the government understands a minimal grantee is required to keep contract valid.

PPS requires a pre-delivery inspection to identify any deficiencies existing prior to acceptance and prior retrieval inspection to ensure all supplies equipment is returned and vehicle condition prior to departure.

1.2 Background:

The USAPPS provides industry standard technical training to Soldiers and Sailors to enable them to install, operate and maintain utility grade power production and distribution systems in support of unified land operations and humanitarian support missions worldwide.

The PLDC trains active duty and reserve Soldiers in construction, installation, operation, and maintenance of low and medium voltage power distribution systems in support of the USAPPS mission. This mission focus training prepares Soldiers to be safe, productive, and efficient technical specialists in a complex and dynamic operating environment.

1.3 Objectives:

1.3.1 The contractor shall provide one 47 foot Digger Derrick 4x4 Truck with hydraulic extending full capacity intermediate and upper booms. Provided vehicle shall meet the

REPLY TO

ATTENTION OF:

DEPARTMENT OF THE ARMY

U.S. Army Prime Power School

Building 12630 FLW 28 technical specifications listed in the Digger Derrick Technical Specifications (Enclosure 1).

1.3.2 The contractor shall provide two 60 foot Aerial Lift Bucket 4x4 Truck with Material Handler. Provided vehicle shall meet the technical specifications listed in the Aerial Lift Bucket Truck technical specifications (Enclosure 2).

1.3.3 The contractor shall ensure that all service maintenance (PM maintenance) as outlined in each vehicle’s maintenance manual (lube, oil, filters, and fluid levels) is completed on all vehicles prior to the vehicles arrival at the U.S. Army Prime Power School. The contractor shall perform the service maintenance required by the maintenance manuals in a timely manner so that all vehicles will not require any service maintenance for the duration of the period of the performance as outlined in this PWS.

1.3.4 The contractor shall perform all vehicle breakdown maintenance repairs on the vehicles during the period of performance. The contractor shall have maintenance personnel on site to assess the vehicle’s deficiency no later than 48hrs from the time the deficiency was reported to the contractor. Once the deficiency is identified, the vehicle shall be repaired or replaced within seven calendar day from the day the deficiency was reported to the contractor.

1.4 Scope:

The US Army Prime Power School requires one 47 foot Digger Derrick 4x4 Truck and two 60 foot material handling Aerial Lift Bucket 4x4 Truck to conduct the Power Line Distribution Course. PLDC is programed for three (3), 46 training day classes per year with a minimum of four (4) and a maximum of eight (8) students per class. PLDC cadre consist of three (3) active duty military instructors. The military instructors are qualified persons to operate the equipment and will assure that its operation is in compliance with any applicable laws, regulations, or standards.

The Base Period is 02 January 2018 – 30 November 2018 and includes three classes:

Class 1: 02 January 2018 – 30 March 2018

Class 2: 30 April 2018 – 27 July 2018

Class 3: 20 August 2018 – 16 November 2018

The Option Period 1 is 01 December 2018 – 30 November 2019 and includes three classes:

Class 1: 31 December 2018 – 29 March 2019

Class 2: 29 April 2019 – 26 July 2019

Class 3: 19 August 2019 – 15 November 2019

The Option Period 2 is 01 December 2019 – 30 November 2020 and includes three classes:

Class 1: 30 December 2019 – 03 April 2020

Class 2: 27 April 2020 – 24 July 2020

Class 3: 17 August 2020 – 20 November 2020

The Option Period 3 is 01 December 2020 – 30 November 2021 and include three classes:

Class 1: 28 December 2020 – 02 April 2021

Class 2: 26 April 2021 – 23 July 2021

Class 3: 23 August 2021 – 19 November 2021

The Option Period 4 is from 01 December 2021 – 30 November 2022 and includes three classes:

Class 1: 27 December 2021 – 01 April 2022

Class 2: 02 May 2022 – 22 July 2022

Class 3: 22 August 2022 – 18 November 2022

1.5 Period of performance:

1.5.1 The period of performance for this contract will start on the effective date of award for a period of one (1) year and four (4) option years.

1.5.2 The government reserves the right to extend the terms of this contract at the prices set forth in accordance with the terms and conditions contained in clause 52.217-9 entitled, “Option to extend the terms of the contact”.

1.5.3 Each option year shall be awarded based on the continued needs of the government for the services outlined in this contract. The period of performance for each option year shall be provided by the government to the contractor upon award of each option year.

1.6 General Work Information:

1.6.1 Quality Control: The contractor shall develop and maintain an effective QC program to ensure all vehicles are maintained and remain in service in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of vehicle deficiencies. The contractor's QC program is the means to assure work complies with the requirement of the contract.

1.6.2 Quality Assurance: The government shall evaluate the contractor's performance under this contract in accordance with the quality assurance surveillance plan. This plan is primarily focused on what the government must do to ensure the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rates.

1.6.3 Government remedies: The Contracting Officer (KO) shall follow Federal Acquisition Requirement (FAR) 52.212-4, "Contract Terms and Conditions-Commercial Items" or 52.246-4, "Inspection of Services-Fixed Price" for a contractor's failure to perform satisfactory services or failure to correct non-conforming services.

1.6.4 Recognized holidays: The Prime Power School recognizes all federal holidays. Contractor shall not be required to perform any services at the USAPPS on these holidays. A list of all observed federal holidays is available upon request approximately two months prior to the start of the fiscal year.

1.6.5 Hours of operation and place of performance: USAPPS hours of operation are Monday through Friday between 0730hrs. and 1630hrs. The PLDC observes all Saturdays and Sundays as non- duty days (weekends). Contractor shall be required to perform any vehicle service or maintenance during normal hours of operation at Building 12630 FLW 28, Fort Leonard Wood, MO 65473.

1.6.6 Security requirements: Contractor employees shall possess the credentials required to enter a military installation. This may require registering the vehicle with the visitor processing center and submitting to vehicle inspections at access control points. State or federal issued photo identification is required to gain access to Fort Leonard Wood. A security clearance is not required in the performance of this contract.

1.6.6.1 Physical security. The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

2.0 Definitions and acronyms:

This section includes all acronyms, special terms and phrases used in the PWS.

2.1 Contracting Officer (KO): KO has authority to enter into, administer, or terminate contracts and make related determinations and findings. KO may bind the Government only to the extent of the authority delegated to them. KO shall receive from the appointing authority clear instructions in writing regarding the limits of their authority. Information on the limits of the contracting officers’ authority shall be readily available to the public and agency personnel.

2.2 Contracting Officer’s Representative (COR): COR is and individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisitions Regulation Supplement and authorized in writing by the KO to perform specific technical and administrative functions. A representative from the requiring activity appointed in writing by the KO to perform surveillance and to act as liaison to the contractor.

2.3 Performance Work Statement (PWS) is a statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes.

2.4 The USAPPS Power Line Distribution Course (PLDC) is the course that will utilize the vehicles to train students on overhead and underground distribution tasks.

2.5 Quality assurance surveillance plan (QASP): A written document specifying the surveillance method used for surveillance of contractor performance.

2.6 Quality control (QC): Actions taken by a contractor to control the performance of contracted services to meet PWS requirements.

2.7 Quality assurance (QA): Actions taken by the government to assure contracted services meet PWS requirements.

2.8 Defective Service: Service output that does not meet the standard of performance associated with it in the PWS.

3.0 Government-furnished items and services:

The government shall provide the facilities and utilities, as listed in sections 3.1 and 3.2.

The contractor shall furnish everything required to perform maintenance on all vehicles as outlined in this PWS.

3.1 Facilities: The government shall furnish the necessary storage space, security, and preventive maintenance for all rented vehicles during the contracted periods of performance as outlined in the PWS. This includes daily, weekly, and monthly Preventive Maintenance Checks and Services (PMCS) and the replacement of any fluids lost due to normal use, such as fuel replacement. If a deficiency is detected during a PMCS inspection, the PLDC Instructor will immediately inform the KO, so that the contractor can dispatch maintenance personnel as outlined in this PWS. Lodging, transportation, and meals are not provided by the government when the contractor is on site.

3.2 Utilities: All utilities in the facility are available for the contractor’s use in performance of duties outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities.

4.0 Contractor-furnished items and services:

The contractor shall furnish everything required to perform work outlined in this PWS.

4.1 Post-award conference or periodic progress meetings: The contractor agrees to attend any post-award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The KO, COR, and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings, the KO will apprise the contractor of how the government views the contractor's performance, and the contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

4.2 The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure the contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including government drawings, designs, and specifications; monitor contractor's performance and notify both the KO and contractor of any deficiencies; coordinate availability of government-furnished property; and provide site-entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates.

The COR is not authorized to change any of the terms and conditions of the resulting order.

4.3 Contract manager: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the KO. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

4.4 Identification of contractor employees: All contract personnel attending meetings, answering government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials. They must also ensure all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

5.0 Specified Tasks:

Specified Tasks: Performance Objective:

Performance Requirement:

Provide a 47 ft.

Digger Derrick Truck

Deliver Truck to the USAPPS prior to the class start date

Contractor shall ensure that the truck is fully operational able to perform all task required of a 47 ft. Digger Derrick truck to include but not limited to: pulling, setting, and transporting 40 and 60 ft. class three utility poles, operation of hydraulic lines for hydraulic tamper and other hydraulic tools, and digging holes to depths of eight feet.

Provide two 60 ft.

Aerial Lift Bucket

Deliver Trucks to the USAPPS prior to the class start date

Contractor shall ensure that the trucks are fully operational able to perform all tasks required of a 60 ft. Aerial Lift Truck to

Truck with Material Handler include but not limited to: full pressure hydraulic system capable of raising the bucket to work height above 60 ft., material handling system with hydraulic extend jib with a maximum lift capacity of 2000lbs., hydraulic tool circuits at the platform, and platform(s) capable of a max. weight capacity of over 500lbs.

Provide service maintenance on all Trucks

Completed as outlined in the vehicles maintenance manual

Contractor shall ensure that the service maintenance is completed so that no service maintenance will be required by the USAPPS during the period of performance with the exception of daily inspections and replacement of fluids used such as fuel.

Provide vehicle breakdown maintenance

Repair or replace vehicles due to a breakdown

Contractor upon notification from the KO of a vehicle breakdown will dispatch maintenance personnel to assess the damage within 48 hours and have the vehicle repaired or replaced within 7 calendar days.

Performance of equipment

Equipment will perform within equipment operating parameters

Contractor shall ensure that the equipment will operate within equipment operating parameters (i.e. range of movement, lifting,…)

6.0 Delivery Schedule:

6.1.1 Vehicles shall be delivered to the USAPPS for each class iteration. The KO shall inform the contractor of the delivery date 45 days prior to each class start date.

6.1.2 The Contractor shall coordinate deliver with the On-Site Coordination POC prior to delivery taking place. Contact information will be provided by the KO for the following address:

United States Army Prime Power School

10025 Jean Ave.

BLDG. 12630, FLW 28

Fort Leonard Wood, MO 65473

7.0 Publications:

All work performed under the PWS shall comply with applicable Local, State, Federal, and Department of Defense regulations.

Enclosure 1: Digger Derrick Truck Technical Specifications

Enclosure 2: Aerial Lift Bucket Truck Technical Specifications

SOLICITATION PROVISIONS:

The following provisions and clauses are applicable to this solicitation and can be found in full text at www.acquisition.gov/far or http://farsite.hill.af.mil :

CLAUSES INCORPORATED BY REFERENCE

52.204‐9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204‐16 Commercial and Government Entity Code Reporting JUL 2015

52.208‐4 Vehicle Lease Payments APR 1984

52.208‐5 Condition of Leased Vehicles APR 1984

52.208‐6 Marking of Leased Vehicles APR 1984

52.208 ‐7 Tagging of Leased Vehicles MAY 1986

52.212‐1 Instructions to Offerors‐‐Commercial Items OCT 2015

52.212‐4 Contract Terms and Conditions‐‐Commercial Items MAY 2015

52.225‐25 Prohibition on Contracting with Entities Engaging in

Certain Activities or Transactions Relating to Iran‐‐

Representation and Certifications.

OCT 2015

52.228‐5 Insurance ‐ Work On A Government Installation JAN 1997

52.228‐8 Liability and Insurance ‐ Leased Motor Vehicles MAY 1999

52.232‐40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.242‐15 Stop‐Work Order AUG 1989

252.203‐7000 Requirements Relating to Compensation of Former DoD SEP 2011

Officials

252.203‐7002 Requirement to Inform Employees of Whistleblower

Rights

SEP 2013

252.203 ‐7005 Representation Relating to Compensation of Former

DoD Officials

NOV 2011

252.204 ‐7003 Control Of Government Personnel Work Product APR 1992

252.204‐7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204‐7015 Disclosure of Information to Litigation Support

Contractors

FEB 2014

OCT 2015

JUN 2015

252.225‐7001 Buy American And Balance Of Payments Program‐‐ Basic (Nov 2014)

252.225‐7048 Export‐Controlled Items JUN 2013

252.232‐7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232‐7010 Levies on Contract Payments DEC 2006

252.243‐7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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

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

Lowest Price Technically Acceptable in accordance with the enclosed Purchase Description.

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

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

(End of provision)

52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS‐‐COMMERCIAL ITEMS (APR 2016)

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

(r) of this provision.

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

“Economically disadvantaged women‐owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United

States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women‐owned small business eligible under the WOSB Program.

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

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil‐related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110‐174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate‐‐

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

Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service‐disabled veteran‐owned small business concern‐‐

(1) Means a small business concern‐‐

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

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

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

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

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

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

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged

(as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

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

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned‐‐

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran‐owned small business concern means a small business concern‐‐

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

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

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

"Women‐owned small business concern" means a small business concern‐‐

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

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

Women‐owned small business (WOSB) concern eligible under the WOSB Program (in accordance with

13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database 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), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (r) 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 ORCA.]

(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 ( small business concern.

) is, ( ) is not a

(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 ( business concern.

) is, ( ) is not a service‐disabled veteran‐owned small

(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 not a small disadvantaged business concern as defined in 13 CFR 124.1002.

) is, ( )

(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 not a women‐owned small business concern.

) is, ( )

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

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

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

(ii) It [ ] is, [

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

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

(i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

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

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

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

) is, a women‐owned business

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

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

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small

Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR

Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each

HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the

Equal Opportunity clause of this solicitation, the and

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

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

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

(41 CFR Subparts 60‐1 and 60‐2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying

Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of

Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

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

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

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

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American‐

Free Trade Agreements‐Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States 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 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:

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

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

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

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

(3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or…