SOLICITATION.pdf

SEE ADDENDUM

(No Collect Calls)

W91QV119R0092 08-May-2019

b. TELEPHONE NUMBER

703-806-2168

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 20 May 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W91QV19. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DENESE Y HENSON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011316822

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC-FORT BELVOIR

9410 JACKSON LOOP, SUITE 101

BLDG. 1425

FORT BELVOIR VA 22060-5116

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W74N84 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W0GV HQ USAMDW

US ARMY MILITARY DISTRICT OF WASHIN

FMMCC STORAGE SITE AXG BLDG 205

101 BLOXON ST FT MEYER DOOR 13

FORT MYER VA 22211-1199

TEL: 202-685-3073 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$32,500,000

NAICS:

532490

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF54

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W91QV119R0092

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Media Risers

FFP

Media Risers FOB: Destination

PURCHASE REQUEST NUMBER: 0011316822

PSC CD: 5450

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each

ECMRA

FFP

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

MEDIA RISER PWS

PERFORMANCE WORK STATEMENT (PWS)

For

U.S. Army Military District of Washington (MDW) State Funeral for a Senior Government Official

Media Risers

PART 1

GENERAL INFORMATION

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary, except for those items specified as government furnished property and services, to install up to six (6) media risers at up to four (4) locations (three (3) known locations and one (1) location to be determined) in Washington, DC as defined in this Performance Work Statement (PWS). The contractor shall perform to the standards specified in this document.

1.2 Background: US State Funerals are public funerals held in Washington, D.C. that are offered to a sitting or former President of the United States, a President-elect, and other persons designated by the President of the United States (POTUS). State Funerals are administered by the U.S. Army Military District of Washington (MDW) and are greatly influenced by protocol, steeped in tradition, and rich in history. Generally, two events require the use of contracted media risers: the National Funeral Service at Washington National Cathedral (3 media risers), and the Funeral Procession along Constitution Avenue (2 media risers at two different locations along the Constitution Avenue). There may, on occasion, be an additional riser, required for a location to be determined. That would make a total of six media risers

1.3 Scope: The desired outcome is five (5) media risers erected to the specifications outlined in Part 5 (Specific Tasks) of this PWS, with the possibility of a sixth media riser to be erected, if necessary. The sixth riser would be a separate line item that would be executed if necessary. The media risers shall be erected at four separate locations in the National Capital Region. The contractor shall provide the Contracting Officer with a list of materials used for construction of the riser, bull-pen (area on ground-level in front of first riser, if applicable), stairs, and bunting.

Following the award of the contract, the contractor shall conduct a site survey of the three (3) known locations with representatives from the Military District of Washington (MDW) Directorate of Logistics and Public Affairs Office.

1.4 Period of Performance: All media risers shall be erected within forty-eight hours from the notification of the Contracting Officer, or their representative, following the demise of the public official. The media risers shall be removed no later than twelve (12) hours after each event is completed. The risers shall be in place up to three (3) days. The contractor must be able to setup and strike the risers on any day of the week to include weekends and holidays.

1.5 Quality Control: The contractor shall have an effective quality control plan to ensure services are performed in accordance with this performance work statement. The contractor shall have procedures to identify, prevent and ensure there are no defective services.

1.6 Quality Assurance: The government will evaluate the Contractor’s performance under this contract in accordance with the published guidance of the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). Risers shall meet the standards of Title 29 of the Code of Federal Regulations (CFR):

https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=standards&p_toc_level=1&p_keyvalue=cons truction

1.7 Hours of Operation/Place of Performance: The contractor shall provide up to six (6) total media risers on dates to be determined to be used during the day of the national funeral service and the funeral procession. The locations of the six (6) media risers are:

- Site #1: 16th and Constitution Avenue (1 riser)

- Site #2: 4th and Constitution Avenue (1 riser)

- Site #3: Washington National Cathedral, 3101 Wisconsin Ave NW (3 risers)

- Site #4: A location to be determined (TBD) (1 riser)

1.8 Type of Contract: The government anticipates award of a Firm Fixed Price Blanket Purchase Agreement

(BPA).

1.9 Physical Security. The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.10 Point of Contact (POC): The Contractor shall provide a POC and alternate who shall be responsible for the performance of the provided service to the Contracting Officer at the time of award contract award. The POC shall have full authority to act for the contractor on all contract matters relating to the operation of this BPA.

1.11 Contract Manpower Reporting: “The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address” http://contractormanpower.army.pentagon.mil.

Specific formats for the XML direct transfer may be downloaded from the web site and http://www.ecmra.mil/

PART 2

DEFINITIONS & ACRONYMS

2.1 Definitions:

Defective Service- A service output that does not meet the standard of performance associated with it in the Performance Work Statement.

Media Riser – A stage used by television media personnel to film events. Risers are often multi-tiered and are placed in such a way to provide a clear view of the event to the still and video photographers. (Note: also known as Press Stands, Press Risers or Media Stands).

Quality Assurance. Those actions taken by the government to assure services meet the requirements of the Performance Work Statement.

Quality Control. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Strike. To dismantle, pack for departure, and remove from the site.

2.2 Acronyms:

BPA - Blanket Purchase Agreement

DOD – Department of Defense

FSC – Federal Service Code

JFHQ-NCR – Joint Force Headquarters National Capital Region

MDW- Military District of Washington

MPH – Miles per Hour

NLT – Not Later Than

OSHA - Occupational Safety and Health Administration

POC – Point of Contact

POTUS – President of the United States

PWS – Performance Work Statement

TBD – To Be Determined

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.1 Materials: Once the Blanket Purchase Agreement (BPA) is awarded, the Government will provide the contractor sample sketches of the risers and site sketches depicting the layout and locations where the risers will be emplaced.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this BPA that are not listed under Part 3 of this PWS.

PART 5

SPECIFIC TASKS

5.1 BASIC SERVICES.

This statement outlines the requirement for 5 (five) outdoor media risers. The use of the media risers is for the funeral of a senior public official, with an international television audience. If necessary, an additional sixth (6th) media riser is required for a location to be determined.

5.2 Delivery, Set up, Strike & Removal. The Contractor shall deliver and setup the risers within forty-eight (48) hours from the notification of the contracting officer, or their representative, following the demise of the public official. Strike/removal shall occur no later than (NLT) twelve (12) hours after each event is completed.

5.3 Service specifics. The Contractor shall provide all equipment and properly trained personnel to set up and strike the risers.

5.3.1 Site #1: Media riser at site #1 (16th & Constitution) shall be constructed with 3-tiered risers, not to include the ground level. Tier one dimensions are 28 feet long, 8 feet wide and 3 feet high off the ground. Tier two dimensions are 28 feet long, 8 feet wide and 5 feet high off the ground. Tier three dimensions are 28 feet long, 4 feet wide and 7 feet high off the ground. Variation in these dimensions shall not be accepted. The stanchion for the bull-pen area (ground-level) shall be placed forward 3 feet from the bottom of the first riser and will extend the entire length (28 feet) of the riser. The stanchion will also extend to cover the 3 feet on both ends from the forward stanchion to the riser. The stanchion shall be three feet off the ground and be either weighted black rope or black chain. Also required at this site is DuraDeck or equivalent ground cover under all portions of the structure that come in contact with the ground. DuraDeck or equivalent ground cover will also be used for the area extending 12 feet around the rear and sides, and 3 feet in front of the riser. An additional 36 square feet of ground cover will be used for the walkway between the entry control point and the riser (see “16th and Constitution” site sketch for a depiction of the ground cover). Additionally, DuraDeck or equivalent ground cover will be used to protect those areas of unpaved ground from all vehicular traffic that occurs during setup and tear down.

5.3.2 Site #2: Media riser at site #2 (4th & Constitution) shall be constructed with 1-tier riser, not to include the ground level. Tier one dimensions are 28 feet long, 8 feet wide and 3 feet high off the ground. Variation in these dimensions shall not be accepted. The stanchion for the bull-pen area (ground-level) will be placed forward 3 feet from the bottom of the first riser and will extend the entire length (28 feet) of the riser. The stanchion shall also extend to cover the 3 feet on both ends from the forward stanchion to the riser. The stanchion shall be three feet off the ground and be either weighted black rope or black chain.

5.3.3 Site #3: Three (3) media risers at site #3 (Washington National Cathedral) include: Media riser one shall be constructed with 2-tiered risers, not to include the ground level. Tier one dimensions are 40 feet long, 8 feet wide and 3 feet high off the ground. There is a ground swell on one end of the platform. The dimension of the ground swell is approximately 3 feet high. This end of the riser shall be at ‘ground level’ and will not require stairs. The height at this end of the riser will be continued through the full 40 feet length. Tier two dimensions are 40 feet long, 8 feet wide and 6 feet high off the ground. Tier two is 3 feet higher than Tier one. Variations in height may be allowed to ensure that the ground swell is compensated for. There will be no stanchions in front of this media riser.

Media riser two shall be constructed with 1-tiered riser, not to include the ground level. Tier one dimensions are 40 feet long, 8 feet wide and 2 feet high of the ground. There will be no stanchions in front of this media riser.

Media risers one and two are placed in the West Lawn. The Washington National Cathedral Chief of Communications Office staff will assist the contractor with placement.

Media riser three is constructed with 1-tiered riser, not to include the ground level. Tier one dimensions are 10 feet long, 8 feet wide and 4 feet high. There will be no stanchions in front of this media riser. This riser is only constructed when Bethlehem Chapel is in use during a state funeral. Confirm with MDW prior to constructing this riser.

5.3.4 Site #4 Media riser at site #4 (Location TBD) will be constructed with 2-tiered risers, not to include the ground level. Tier one dimensions are 28 feet long, 8 feet wide and 3 feet high off the ground. Tier two dimensions are 28 feet long, 4 feet wide and 5 feet high off the ground. There shall be no stanchions in front of this media riser.

5.3.5 Stability: Each tier of the media risers at site #1 and #2 shall be able to support at least thirty adult individuals, weighing an average of 180 lbs. Each tier must also be capable of supporting at least 500 lbs. of camera and sound equipment. The two media riser at site #3 in the West Lawn shall support up to fifty adults weighing an average of 180 lbs. Each tier must also be capable of supporting at least 1200 lbs. of camera and sound equipment. The third media riser at site #3 shall be able to support at least six adult individuals, weighing an average of 180 lbs. The riser must also be capable of supporting at least 400 lbs. of camera and sound equipment. The one media riser at site #4 (if necessary at location TBD) shall support up to fifty adults weighing an average of 180 lbs. Each tier must also be capable of supporting at least 500 lbs. of camera and sound equipment. All risers must also be stable enough to minimize any movement from one end of the riser to the other end of the riser.

5.3.6 Railing: The contractor shall construct a safety railing, 3 feet high, that encircles each media riser. The railing must meet OSHA guidelines.

5.3.7 Entry/Exit Points: Media risers at site #1, #2, #3 and #4 shall have two sets of stairs at the end of each tier.

One set of stairs shall be added to the back of the media riser as well, and centered if possible. The steps shall be sturdy enough to support 300lbs, have a sturdy railing on both sides, and have a grade conducive to carrying equipment up the stairs. The third media riser at site #3 shall have one set of stairs. The steps shall be sturdy enough to support 300lbs and have a sturdy railing on both sides, and have a grade conducive to carrying equipment up the stairs. Stairs must not be added between the tiers (from tier to tier), only from the ground to each level.

5.3.8 Type of Terrain: Site #1– The erection of this media riser will be on a grassy, slightly uneven plain. Ground covering shall need to be applied under each support element of the riser. The saturation of this ground is an unknown factor at the time of the event. The contractor should plan for the worst-case scenario.

Site #2– The erection of this media riser shall be on solid, slightly uneven concrete. Site #3- The two media risers on the West Lawn shall be on a grassy, slightly uneven plain, to include a ground swell of approximately 3 feet on one end of one riser. Ground covering will need to be applied under each support element of the riser. The saturation of this ground is an unknown factor at the time of the event. The contractor should plan for the worst-case scenario.

The erection of the third media riser will be on a solid, slightly uneven tarred asphalt area. Ground covering may be need in the hot months to ensure the support elements do not sink into the asphalt. Site #4– The location of this riser is unknown. The contractor should plan for the worst-case scenario.

5.3.9 Bunting: Black-pleated cloth bunting, appropriate for a nationally televised funeral service, shall surround the front and sides of each tier of each media riser. The cloth bunting shall reach from the top of the riser and extend to the ground. The contractor shall secure the bunting at the top and the bottom of the media riser. The bunting must be able to withstand at least a 25 MPH wind. The bunting material shall be cloth.

5.3.10 Chairs: The contractor shall provide five (5) folding chairs at each site.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. Publications and forms applicable to this Performance Work Statement are listed below. The publications and forms have been coded as mandatory or advisory. The Contractor is obligated to follow those publications and use those forms coded as mandatory to the extent (that is, a specific procedure in a paragraph, section, chapter or volume) specified in the Performance Work Statement. The Contractor shall be guided by those publications or use those forms coded advisory to the extent necessary to accomplish requirements in the Performance Work Statement.

The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

All publications below can be found at http://armypubs.army.mil/

6.1.1 Regulations and Directives

AR 1-1 PLANNING, PROGRAMMING, BUDGETING, AND EXECUTION (Advisory)

AR 25-50 PREPARING AND MANAGING CORRESPONDENCE (Advisory)

AR 600-7 NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND ACTIVITIES

ASSISTED OR CONDUCTED BY THE DEPARTMENT OF THE ARMY (Advisory)

AR 715-9 OPERATIONAL CONTRACT SUPPORT PLANNING AND MANAGEMENT (Mandatory)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUN-2019 TO

31-MAY-2024

N/A W0GV HQ USAMDW

US ARMY MILITARY DISTRICT OF

WASHIN

FMMCC STORAGE SITE AXG BLDG 205

101 BLOXON ST FT MEYER DOOR 13

FORT MYER VA 22211-1199

202-685-3073

W74N84

0002 POP 01-JUN-2019 TO

31-MAY-2024

N/A (SAME AS PREVIOUS LOCATION)

W74N84

Section G - Contract Administration Data

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.204-3 Taxpayer Identification OCT 1998 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.210-1 Market Research APR 2011 52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.213-2 Invoices APR 1984 52.214-5 Submission Of Bids DEC 2016 52.215-6 Place of Performance OCT 1997 52.219-2 Equal Low Bids OCT 1995 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns OCT 2018 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-23 Limitation Of Liability FEB 1997 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-14 Excusable Delays APR 1984 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

MAY 2016

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

MAY 2016

252.209-7009 Organizational Conflict of Interest--Major Defense Acquisition Program

OCT 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

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:

"Evaluation of Quotations or Offers." For quotations determined technically acceptable, an offer will be made to the lowest priced quote. A quote will be determined technically acceptable if proposed quote takes no exception to the requirement listed in the item description and the proposed items meet the specifications in the PWS.

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

(End of provision)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) 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:

Line Item No. Country of Origin

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

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

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

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

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

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

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

Other End Products:

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

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

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

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

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

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

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

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

(B) The…