SOLICITATION NOTICE
65 -- Surgical Instruments from Johnson & Johnson SHOULDER TRAUMA TRAY
- Notice Date
- 6/24/2021 2:01:02 PM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 339112
— Surgical and Medical Instrument Manufacturing
- Contracting Office
- 262-NETWORK CONTRACT OFFICE 22L (36C262) LONG BEACH CA 90815 USA
- ZIP Code
- 90815
- Solicitation Number
- 36C26221Q0928
- Response Due
- 6/30/2021 11:00:00 AM
- Archive Date
- 08/29/2021
- Point of Contact
- John.harison2@va.gov, John Harrison, Phone: 562-766-2267
- E-Mail Address
-
john.harrison2@va.gov
(john.harrison2@va.gov)
- Awardee
- null
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 -- Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with FAR -- Part 13 Simplified Acquisition Procedures; and supplemented with additional information included in this notice. This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2020-05, dated February 27, 2020. Solicitation 36C26221Q0928 is issued as a Request for Quote (RFQ) and constitutes the only solicitation. The Government intends to award a single Firm-Fixed Price (FFP) purchase order. This procurement will be issued Unrestricted. NAICS Code is 339112 and the Small Business Administration s (SBA) size standard 1,000 Employees. E.1 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS (JUNE 2020) Submitting your quote Submit your company s quote in writing to the email address specified in first page of SF1449. You may submit more than one (1) quote. If you do, we will evaluate each separately. Quotes must be limited to no more than 15 (fifteen) pages (not to include pricing schedule). Submission deadline We must receive your quote to by 11:00 AM PST, JUNE 30, 2021. We will not consider any quote that we receive after the deadline unless we receive it before we issue a contract award and considering it will not delay our contract award. Terms and content of your quote Your quote must be based on the terms of this RFQ. Your quote must contain all of the information described below and must address all requirements identified under the price/cost schedule, Statement of Work (SOW) (if applicable), Salient Characteristics (if applicable) and delivery schedule. Business Status In order to submit a quote, you must know whether your company s business size meets the requirement. The business size standard that applies to this purchase is stated in North American Industry Classification System (NAICS) CODE section of the first sheet of this RFQ, along with the NAICS code on which it is based. Company submission Submissions to this solicitation must show clear, compelling and convincing evidence that all equal to items"" meet all the salient characteristics. In other words, the quote, as submitted, either meets the acceptability requirements of the criterion, or it doesn t. No other rating or quantitative value other than acceptable or unacceptable will be assigned. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror s initial offer should contain the offeror s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. System for Award Management (SAM) You must register in SAM before we will issue a purchase order to you. If you do not register by the date of award. Once registered, you must remain registered throughout performance until final payment. Go to https://www.acquisition.gov for information on SAM registration and annual confirmation. Authorized Distributor Letter (ADL) Any suppliers, distributors and/or resellers who participate in this solicitation, must be authorized to provide the supplies by the Original Equipment Manufacturer (OEM). An Authorized Distributor Letter (ADL) from the manufacturer shall be included with your response to be considered for award. If the potential Authorized Supplier is not the OEM, the Authorized Supplier must provide an Authorized Distributor Letter from the OEM signed within the last 90 days. The letter must either state specific product(s) quoted or that the quoter is an authorized distributor for all of the manufacturer s products. This letter must be on the manufacturer s letterhead and contain the signature of an authorized official for the manufacturer. Gray Market The Authorized Supplier shall be an OEM authorized dealer, authorized distributor, or authorized reseller for the proposed supplies/equipment/system such that the OEM warranty and service are provided and maintained by the OEM. All warranty and service associated with the supplies/equipment/system shall be in accordance with the OEM terms and conditions. The Authorized Supplier shall provide new supplies ONLY; no remanufactured or ""gray market"" supplies. All supplies must be covered by the manufacturer's warranty. The Government is seeking a contract to acquire 2 JOHNSON AND JOHNSON SHOULDER TRAUMA TRAY PKGS. Solicitation 36C26221Q0928 is seeking a brand name equipment for the following salient characteristics: Salient Characteristics 1. ITEM ID NO. 63379 JOHNSON AND JOHNSON SHOULDER TRAUMA TRAY PKG: 2 EA BID REQUIREMENTS 1. This is a Brand Name or Equal Procurement. 2. This order is 1 line item for 2 complete Shoulder Trauma kits. 3. Your bid will ONLY LIST 1 line item to read ITEM ID NO. 63379 JOHNSON AND JOHNSON SHOULDER TRAUMA TRAY PKG: 2 EA $000.00. 4. All 151-line items shall be listed on a separate attachment with individual pricing. 5. The quantities listed are the total for both complete kits. (items will be divided between both kits) 6. All items are required on your bid to be considered responsive. 7. No Partial submissions will be accepted Line ITEM NO. DESCRIPTION UNIT QUANTITY 1 223600100 APG+ CASE COMPLETE EA 2 2 223000019 APG+ 2.5MM BREAKAWAY GUIDE PIN EA 6 3 223000018 APG+ FIXED PIN GUIDE EA 2 4 223600001 APG+ SIZER PIN GUIDE 40+0 EA 2 5 223600002 APG+ SIZER PIN GUIDE 44+0 EA 2 6 223600003 APG+ SIZER PIN GUIDE 48+0 EA 2 7 223600004 APG+ SIZER PIN GUIDE 52+0 EA 2 8 223600005 APG+ SIZER PIN GUIDE 56+0 EA 2 9 223000003 ST APG SIZER PIN GUIDE 40+3 EA 2 10 223000006 ST APG SIZER PIN GUIDE 44+3 EA 2 11 223000009 ST APG SIZER PIN GUIDE 48+3 EA 2 12 223000012 ST APG SIZER PIN GUIDE 52+3 EA 2 13 223000015 ST APG SIZER PIN GUIDE 56+3 EA 2 14 223000004 ST APG SIZER PIN GUIDE 40+5 EA 2 15 223000007 ST APG SIZER PIN GUIDE 44+5 EA 2 16 223000010 ST APG SIZER PIN GUIDE 48+5 EA 2 17 223000013 ST APG SIZER PIN GUIDE 52+5 EA 2 18 223000016 ST APG SIZER PIN GUIDE 56+5 EA 2 19 223000023 APG+ CURVED HANDLE EA 2 20 223000029 APG+ QC DRIVER SHAFT EA 4 21 223600008 APG+ ACCESS REAMER 40 EA 2 22 223600009 APG+ ACCESS REAMER 44 EA 2 23 223600010 APG+ ACCESS REAMER 48 EA 2 24 223600011 APG+ ACCESS REAMER 52 EA 2 25 223600012 APG+ ACCESS REAMER 56 EA 2 26 223000030 APG+ LP CENT REAMER 40 44 EA 2 27 223000031 APG+ LP CENT REAMER 48 52 56 EA 2 28 223000032 APG+ LP PERIPH REAMER 40 EA 2 29 223000033 APG+ LP PERIPH REAMER 44 EA 2 30 223000034 APG+ LP PERIPH REAMER 48 EA 2 31 223000035 APG+ LP PERIPH REAMER 52 EA 2 32 223000036 APG+ LP PERIPH REAMER 56 EA 2 33 223600014 APG+ QC CENT BIT 40 44 EA 4 34 223600015 APG+ QC CENT BIT 48 52 56 EA 4 35 230799004 PIN EXTRACTOR EA 2 36 223000024 APG+ STRAIGHT HANDLE INNER EA 2 37 223000025 APG+ STRAIGHT HANDLE OUTER EA 2 38 223600016 APG+ PERIPH DRILL GUIDE EA 2 39 223000095 APG+ QC PERIPH BIT EA 4 40 223000099 APG+ AR PEG EA 4 41 223000021 APG+ AR PEG INSERTER/REMOVER EA 2 42 223600017 APG+ GLENOID GRASPER EA 2 43 223600018 APG+ TRIAL 40 EA 2 44 223600019 APG+ TRIAL 44 EA 2 45 223600020 APG+ TRIAL 48 EA 2 46 223600021 APG+ TRIAL 52 EA 2 47 223600022 APG+ TRIAL 56 EA 2 48 223603000 UNIVERSAL GLENOID HANDLE EA 2 49 223621000 APG+ GLENOID IMPACTOR TIP EA 2 50 223600023 APG+ BONE GRAFT APPLICATOR EA 2 51 210009001 GLOBAL UNITE COMMON SET COMP EA 2 52 200165000 FEMORAL/HUMERAL HEAD IMPACTOR EA 2 53 210001022 GLOBAL UNITE IMPACTION STAND EA 2 54 210006100 GLOBAL UNITE STD STEM SZ 6 TR EA 2 55 210008100 GLOBAL UNITE STD STEM SZ8 TR EA 2 56 210010100 GLOBAL UNITE STD STEM SZ 10 TR EA 2 57 210011400 GL UNITE COMM HD TR 40X12 STD EA 2 58 210011401 GL UNITE COMM HD TR 40X15 STD EA 2 59 210011402 GL UNITE COMM HD TR 40X18 STD EA 2 60 210011440 GL UNITE COMM HD TR 44X12 STD EA 2 61 210011441 GL UNITE COMM HD TR 44X15 STD EA 2 62 210011442 GL UNITE COMM HD TR 44X18 STD EA 2 63 210011443 GL UNITE COMM HD TR 44X21 STD EA 2 64 210011481 GL UNITE COMM HD TR 48X15 STD EA 2 65 210011482 GL UNITE COMM HD TR 48X18 STD EA 2 66 210011483 GL UNITE COMM HD TR 48X21 STD EA 2 67 210011521 GL UNITE COMM HD TR 52X15 STD EA 2 68 210011522 GL UNITE COMM HD TR 52X18 STD EA 2 69 210011523 GL UNITE COMM HD TR 52X21 STD EA 2 70 210011562 GL UNITE COMM HD TR 56X18 STD EA 2 71 210011563 GL UNITE COMM HD TR 56X21 STD EA 2 72 210012100 GLOBAL UNITE STD STEM SZ 12 TR EA 2 73 210014100 GLOBAL UNITE STD STEM SZ 14 TR EA 2 74 210016100 GLOBAL UNITE STD STEM SZ 16 TR EA 2 75 210022401 GL UNITE COMM HD TR 40X15 ECC EA 2 76 210022402 GL UNITE COMM HD TR 40X18 ECC EA 2 77 210022441 GL UNITE COMM HD TR 44X15 ECC EA 2 78 210022442 GL UNITE COMM HD TR 44X18 ECC EA 2 79 210022443 GL UNITE COMM HD TR 44X21 ECC EA 2 80 210022481 GL UNITE COMM HD TR 48X15 ECC EA 2 81 210022482 GL UNITE COMM HD TR 48X18 ECC EA 2 82 210022483 GL UNITE COMM HD TR 48X21 ECC EA 2 83 210022521 GL UNITE COMM HD TR 52X15 ECC EA 2 84 210022522 GL UNITE COMM HD TR 52X18 ECC EA 2 85 210022523 GL UNITE COMM HD TR 52X21 ECC EA 2 86 210022562 GL UNITE COMM HD TR 56X18 ECC EA 2 87 210022563 GL UNITE COMM HD TR 56X21 ECC EA 2 88 210070150 3.5MM MALE HEX DRIVER EA 2 89 210070155 4.0MM FEMALE HEX DRIVER EA 2 90 212811006 ADV+ 6MM HUMERAL REAMER EA 2 91 212811007 ADV+ 7MM HUMERAL REAMER EA 2 92 212811008 ADV+ 8MM HUMERAL REAMER EA 2 93 212811009 AVD+ 9MM HUMERAL REAMER EA 2 94 212811010 ADV+ 10MM HUMERAL REAMER EA 2 95 212811011 ADV+ 11MM HUMERAL REAMER EA 2 96 212811012 ADV+ 12MM HUMERAL REAMER EA 2 97 212811013 ADV+ 13MM HUMERAL REAMER EA 2 98 212811014 ADV+ 14MM HUMERAL REAMER EA 2 99 212811015 ADV+ 15MM HUMERAL REAMER EA 2 100 212811016 ADV+ 16MM HUMERAL REAMER EA 2 101 212861070 GLO ADV RATCHET T-HANDLE EA 2 102 213020000 GL AP 3.2MM OSTEO GD PIN LONG EA 2 103 230784001 WRENCH MODULAR IMP D10-12MM EA 2 104 230784002 WRENCH MODULAR IMP D14-16MM EA 2 105 230784003 LOCKING WRENCH 6-8 MM EA 2 106 210009001 GLOBAL UNITE COMMON SET COMP EA 2 107 210009009 GLOBAL UNITE ANATOMIC SET COMP EA 2 108 210001020 GLBL UNITE ATMC HEAD GAUGE EA 2 109 210001135 GLBL UNITE ATMC IMPLANT HOLDER EA 2 110 210005006 GL UNITE SZ 6 BROSTEOTOME EA 2 111 210005008 GL UNITE SZ 8 BROSTEOTOME EA 2 112 210005010 GL UNITE SZ 10 BROSTEOTOME EA 2 113 210005012 GL UNITE SZ 12 BROSTEOTOME EA 2 114 210005014 GL UNITE SZ 14 BROSTEOTOME EA 2 115 210005016 GL UNITE SZ 16 BROSTEOTOME EA 2 116 210020015 GLBL UNITE TR BDY 135 SZ 06 08 EA 2 117 210030015 GLOBAL UNITE TR BODY SZ10 135 EA 2 118 210040015 GLOBAL UNITE TR BODY SZ12 135 EA 2 119 210050015 GLOBAL UNITE TR BODY SZ14 135 EA 2 120 210060015 GLOBAL UNITE TR BODY SZ16 135 EA 2 121 210070005 GLBL UNITE ATMC IMPACT SLIDE 1 EA 2 122 210070006 GLBL UNITE ATMC IMPACT SLIDE 2 EA 2 123 213001120 GLOBAL AP HUM HEAD DISTRACTOR EA 2 124 212801021 GLOBAL ADV HUM HEAD DISTRACTOR EA 2 125 212861071 CELCON HUM HD CUTTING GUIDE EA 2 126 212862100 ADV+ CUTTING GUIDE LT EA 2 127 212862110 ADV+ CUTTING GUIDE RT EA 2 128 212862120 ADV+ CUFF GUIDE LT EA 2 129 212862130 ADV+ CUFF GUIDE RT EA 2 130 212862150 ADV+ CUTTING GUIDE CLAMP EA 2 131 212865200 ADV+ SMALL COVER PLATE EA 2 132 212865250 ADV+ LARGE COVER PLATE EA 2 133 223626000 MOD CREGO RETRACTOR EA 2 134 223631000 CELCON DARRAH RETRACTOR EA 2 135 249095000 AMK FIXATION PINS 1/8 DIA X 3 PK 2 136 210020015 GLBL UNITE TR BDY 135 SZ 06 08 EA 2 137 210020016 GLBL UNITE TR BDY 128 SZ 06 08 EA 2 138 210020017 GLBL UNITE TR BDY 142 SZ 06 08 EA 2 139 210030015 GLOBAL UNITE TR BODY SZ10 135 EA 2 140 210030016 GLOBAL UNITE TR BODY SZ10 128 EA 2 141 210030017 GLOBAL UNITE TR BODY SZ10 142 EA 2 142 210040015 GLOBAL UNITE TR BODY SZ12 135 EA 2 143 210040016 GLOBAL UNITE TR BODY SZ12 128 EA 2 144 210040017 GLOBAL UNITE TR BODY SZ12 142 EA 2 145 210050015 GLOBAL UNITE TR BODY SZ14 135 EA 2 146 210050016 GLOBAL UNITE TR BODY SZ14 128 EA 2 147 210050017 GLOBAL UNITE TR BODY SZ14 142 EA 2 148 210060015 GLOBAL UNITE TR BODY SZ16 135 EA 2 149 210060016 GLOBAL UNITE TR BODY SZ16 128 EA 2 150 210060017 GLOBAL UNITE TR BODY SZ16 142 EA 2 151 210061071 GLBL UNITE CELCON GD 128 142 EA 2 TOTAL COST: $ The information identified above is intended to be descriptive, not restrictive and to indicate the quality that will be satisfactory. The interested parties bear full responsibility to ensure their submission demonstrates to the government that they can provide the brand name or equal to supplies being requested. Place of Performance: VA Greater Los Angeles Healthcare System Shipment of equipment shall be on or before: (60 days from award date) Provisions 52.212-1, Instructions to Offerors Commercial and 52.212-2, Evaluation Commercial Items are applicable to this acquisition. Furthermore, Provision 52.212-2 is utilizing the lowest price on an Acceptable/Unacceptable evaluation process. Submitting Quote: Offeror(s) shall submit their quote on company letterhead and shall include the completed pricing forms, along with name, address, telephone number of the offeror, firm s DUNS#, total price and a completed copy of FAR Clause 52.212-3 Offerors Representations and Certifications - Commercial Items or a copy of offeror s annual offeror representations and certifications (ORCA) document from www.sam.gov as required by FAR Clause 52.212-3 Offerors Representations and Certifications - Commercial Items. Submit all question(s) to John Harrison at John.harrison2@va.gov no later than June 28, 2021, 11:00 AM Pacific Standard Time (PST). Ensure to reference solicitation # 36C26221Q0928 within subject line of the email. Quotes must be received by June 30, 2021, 11:00 AM Pacific Standard Time (PST). Email your quote to John Harrison and John.harrison2@va.gov. Ensure to reference solicitation # 36C26221Q0928 within subject line of the email. Quote(s)/offer(s) received after the prescribed deadline, shall be considered non-responsive and will not be considered for award. CONTRACT CLAUSES AND PROVISIONS 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: Technical acceptability shall be established by review of each submitted quote, attachments, and/or information by the designated technical evaluator/s and verification that any brand name or equal to items"" meet all the salient characteristics included in this solicitation. No other rating or quantitative value other than acceptable or unacceptable will be assigned. Once technical acceptability has been established, the Contracting Officer shall award to the lowest price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL ITEMS (NOV 2017) 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 located at https://www.sam.gov/portal. 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 its stock 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 the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. 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 on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website access through http://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. (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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) 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 to the Equal Opportunity clause of this solicitation; and (ii) It [ ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that (i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 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 ...
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