Combined Synopsis Solicitation (CSS) Amend 1 47QFSA21Q0080 Jul 9 2021.docx

COMBINED SYNOPSIS/SOLICITATION

47QFSA21Q0080

GENERAL SERVICES ADMINISTRATION

Federal Acquisition Service Assisted Acquisition Services Division

COMBINED SYNOPSIS/SOLICITATION

9 July 2021 Amendment 001: Extend Request for Quote (RFQ) Closing Date, and Questions Due Date. All changes are highlighted in yellow

Date: 9 Jul 2021

1. COMBINED SYNOPSIS/SOLICITATION:

This is a combined synopsis/solicitation (CSS) for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only Request for Quote (RFQ), and quotations are being requested. This requirement will be awarded using OPEN- MARKET procedures in accordance with FAR Subpart 12, the acquisition of commercial items in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR 13, Simplified Acquisition Procedures (SAP).

Quoters shall submit a quotation response in accordance with the instructions set forth in this CSS. Quoters shall submit exceptions to any of the terms and conditions of this RFQ along with their quotation for the GSA Contracting Officer (CO) to review. Failure to submit any exceptions will be considered concurrence.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05, 3-10-2021

This is a Brand Name acquisition that is 100 % set-aside for small businesses. The associated North American Industry Classification System (NAICS) Code is 561621 - Security Systems Services (except Locksmiths), and small business size standard is $22.0M. Offers are solicited only from small business under NAICS Code 561621. Offers received from concerns that are not small business concerns will be considered nonresponsive and will be rejected. Quoter shall be a small business in SAM.GOV under NAICS Code 561621 in order to be eligible for award.

2. ISSUING OFFICE

This RFQ is being issued by the General Services Administration (GSA), Federal Acquisition Service (FAS), Assisted Acquisition Services Division (AASD) in Atlanta, GA on behalf of the Kentucky Army National Guard (KYARNG) located at Frankfort Kentucky.

Any contractual and/or technical questions shall be submitted in writing via email to the below identified GSA representatives no later than the below specified closing date and time of the solicitation.

Melvin B. Fordham Contracting Officer (CO) GSA, Federal Acquisition Service Assisted Acquisition Services Division E-mail: bernard.fordham@gsa.gov Phone: 901-482-8225

Quoters shall not contact the client or any other GSA, Army National Guard, or Government employee(s) regarding this procurement, other than the Contracting Officer (CO) identified above, without the prior approval of the CO.

The only method by which any term of this RFQ may be modified is by a formal amendment to the RFQ generated by the issuing office. No other communications, whether oral or in writing, will modify or supersede the terms of this RFQ.

3. LIMITATION OF AUTHORITY

No person in the Government, other than a CO, has the authority to provide direction to the Contractor, which alters the Contractor’s obligations or changes this contract in any way. If any person representing the Government, other than the CO attempts to alter contract obligations, change the contract specifications/statement of work (SOW) or tells the Contractor to perform some effort which the Contractor believes to be outside the scope of this contract, the Contractor shall immediately notify the CO. Contractor personnel shall not comply with any order or direction that they believe to be outside the scope of this contract unless the order or direction is issued by a CO.

4. RFQ QUESTIONS

All RFQ questions concerning this requirement shall be submitted to Melvin B. Fordham at bernard.fordham@gsa.gov no later than 12:00 PM Eastern Daylight Time (EDT) 16 Jul 2021 with subject line “47QFSA21Q0080 – RFQ QUESTION - KYARNG IDS” utilizing Attachment A. Questions will not be responded to after that date. Telephone questions WILL NOT be accepted. Questions concerning this solicitation received prior to the above cutoff date/time will be answered, and all questions and answers (Q&A) will be posted as an amendment to the solicitation via SAM.gov.

5. RFQ CLOSING DATE

Quotations submitted in response to this RFQ shall be via Email with subject line “47QFSA21Q0080 – KYARNG IDS” to Melvin B. Fordham at Bernard.fordham@gsa.gov on or before 12:00 PM EDT 23 Jul 2021. No late quotes will be considered. No other form of submission will be accepted.

6. DESCRIPTION OF REQUIREMENT

The GSA FAS AASD has received a requirement from the KYARNG for the contractor to remove the currently installed Intrusion Detection System (IDS) equipment and install new IDS. For full details, see the attached Statement of Work (SOW).

1. All items shall be new equipment only

2. No remanufactured, refurbished, or “gray market” items will be accepted

3. No partial shipment

4. Any items that have been acquired by the quoter from un-authorized channels, GSA reserves the right to return the items for a full refund

5. All items shall include the manufacturer’s standard warranty

6. Quotation shall be valid for a minimum of forty-five (45) calendar days after submission.

Quotation not meeting these requirements will not be considered non-responsive and ineligible for award.

7. PLACE OF PERFORMANCE/DELIVERY

Kentucky National Guard Bowman Field Readiness Center 3600 Century Division Way Louisville, KY 40205

8. PERIOD OF PERFORMANCE/REQUIRED DELIVERY DATE

90 Days After Receipt of Order (ARO)

9. BASIS OF AWARD

This procurement is being conducted in accordance with FAR Subpart 12. The Government will issue a purchase order (PO) with the quoter whose quotation represents the best value to meet the Government’s need. Best value is defined as the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement, in accordance with FAR 2.101. Best value is expected to result from the selection of the technically acceptable quote with the lowest price; therefore, the Government will issue a PO to the lowest price technically acceptable (LPTA) quote. No tradeoffs are permitted. The quoters shall submit their best terms and/or their most favored pricing in their initial offer. The quoter shall be found technically acceptable under all evaluation factors in order for the quote to be technically acceptable.

Technically Acceptable is defined as follows:

Table 1: Technical Specification Ratings

Table 2: Past Experience

After the RFQ closes, quotations will be ranked by total overall price from lowest to highest; the lowest price quote will then be reviewed for technical acceptability. If the lowest price quote is determined to be technically unacceptable, the next lowest price quotation will be reviewed for technical acceptability. After determination of the lowest price technically acceptable quote is made, any remaining higher-priced quotes will not be reviewed for technical acceptability.

In the event, there are multiple technically acceptable offers with the same lowest price, the CO will advise those quoters and allow them to revise their quotation, and the quoter with the lowest revised pricing will be awarded the PO. This process will continue until a lowest price quotation is received. By submitting a quotation, the quoters is in agreement to this process.

Post-selection negotiations: This is a PO award utilizing the procedures of 13.106-2, Evaluation of quotations or offers wherein the CO may exercise broad discretion in developing appropriate order placement procedures. Accordingly, also reserved to the Government is the right for the CO, at the conclusion of the evaluation process and after the CO has determined the Government’s proposed best value awardee but prior to award, to negotiate exclusively with that proposed awardee on all aspects of that offeror’s proposal that the CO deems appropriate, including but not limited to negotiating changes to specific quote terms, in order to finalize terms of the order for award. If the CO is unable to negotiate with that offeror to terms agreeable to the Government, then the CO reserves the right to negotiate similarly with the offeror that was next-in-line to be the proposed best value awardee; this process may continue with the offerors that submitted quotations until an award is made, or until a decision is made to reopen negotiations with all quoters, or until the CO determines to make no award. Post-selection negotiations, if any, with the proposed best value awardee shall not constitute a competitive range determination and shall not otherwise entitle other quoters, if any, to an opportunity to revise quotations.

Formal Source Selection procedures, in accordance with FAR Part 15, will not be used. Accordingly, the Government is not obligated to determine a competitive range, conduct discussions with quoters, solicit final revised quotations, and use other techniques associated with FAR part 15. The Government, however, reserves the right to conduct confer sessions if the CO determines them to be necessary and in the best interests of the Government.

Quoters are cautioned that failure to submit the items required by the solicitation and any exceptions taken to the terms or conditions of the solicitation could make a quotation unacceptable, unless the solicitation expressly authorizes such an exception with regard to that specific term or condition.

10. QUOTATION EVALUATION

In accordance with 52.212-2 Evaluation-Commercial Items (Oct 2014), the Government will award a Firm Fixed Price Contract resulting from this solicitation to the responsible vendor whose quote, conforming to the solicitation will be most advantageous to the Government, price and technical acceptability considered. The following factors shall be used to evaluate offers:

a. Technical Specifications

b. Past Experience

c. Price Quote Technical Specifications Evaluation: The Government will evaluate for technical acceptability of the technical submission for the following paragraphs and subparagraph of the SOW. The quoters shall describe in detail how the requirements will be met and their understanding of the requirements. Do not discuss any pricing matters in this document.

· SOW paragraph 4.0 and all subgraphs (4.0, 4.1, & 4.2)

· SOW paragraph 5.0

· SOW paragraph 7.0

Past Experience: Quoter shall describe no more than three (3) contracts/projects that your firm has completed within the last three (3) years from issuance date of this RFQ, that address the kinds and types of requirements specifically called out in the SOW. Direct experience with the specific systems of the client identified in the SOW should be called out as well as experience with similar systems of other agencies/customers. Quoters shall include the following information for the referenced contracts/projects: name of customer/government agency, name of individual, phone number, title, contract or task number, dollar value, and period of performance.

Price Evaluation: The price quote shall be a separate volume than the technical specifications and past experience. The quoter (s) is/are solely responsible for furnishing in its quote adequate details to allow the Government to assess the reasonableness of the offer. A quoter’s failure to submit adequate details (i.e., part numbers/model number, description, quantity, manufacturer, unit price, total price, labor cost, 1 year security monitoring, etc.) may result in the Government finding the quote unacceptable. The CO will determine that the proposed price is fair and reasonable in accordance with FAR Subpart 13.106-3.

11. QUOTE SUBMISSION

Quotations shall be submitted via email with subject line “47QFSA21Q0080 – QUOTATION KYARNG IDS” to Melvin B. Fordham, CO, at Bernard.fordham@gsa.gov.

Quoters are reminded their SAM registration status must be “Active”, at the time their offer is submitted, to be considered for award (see FAR 52.204-7). Quoters submitting a quote in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in System for Award Management (SAM), accessed via System for Award Management. In addition, unless available via SAM, the quoter shall include a completed copy of their Representations and Certifications as per the provision FAR 52.212-3, Offeror Representations and Certifications-Commercial Items. To be eligible for award, quoter shall be registered in SAM under the appropriate business category and NAICS Code 561621.

Quoters shall submit a completed copy of the following provisions with their quotation on a separate sheet/volume. See Attachment A for full provisions full text.

· DFARS 252.209-7998 Representation Regarding Conviction of a Felony Criminal Violation Under Any Federal or State Law (Deviation 2012-O0007) (Mar 2012)

· DFAR 252.209-7999 – Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation 2012-O0004)(Jan 2012).

· FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

Quoters shall provide the following information. It can be submitted with above information.

· Tax identification number (TIN)

· Dun & Bradstreet Number (DUNS)

· Complete Business Mailing Address

· CAGE Code

· NAICS Code

· Contact Name

· Contact Phone Number

· Contact email address

12. AWARD OF PURCHASE ORDER

The PO will be awarded in GSA procurement system, ASSIST, formerly IT-Solutions Shop (ITSS), [web address: https://portal.fas.gsa.gov]. Upon receipt of quotation via email, GSA will upload quotation in ASSIST. The quoter shall be registered in AASBS/ITSS to be eligible for award. If you require registration and/or technical assistance you should contact the ASSIST Help Desk at 1-877-472-4877 or email AASBS.helpdesk@gsa.gov.

All interested parties shall send the exact individual name, email address, phone number, and company registered in AASBS/ITSS via email to Bernard.fordham@gsa.gov as soon as a determination has been made that you are going to quote on this opportunity and include this information in your quotation. As stated above, this PO will be awarded in AASBS and your quote will be uploaded to AASBS by GSA. By submitting a quotation, the offeror is in agreement to this process.

ATTACHMENT A

SOLICITATION/CONTRACT CLAUSES AND PROVISIONS (ADDITIONAL CLAUSES AND PROVISIONS ARE IN SOW

The following provision(s) are incorporated by reference:

FAR 52.204-7 – System for Award Management (Oct 2018) FAR 52.204-16 - Commercial and Government Entity Code Reporting (Aug 2020) FAR 52-212-1 – Instructions to Offerors – Commercial Items (Jun 2020)

The following provision(s) are included in full text:

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

(b) Prohibition.

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision) DFARS 252.209-7998 Representation Regarding Conviction of a Felony Criminal Violation Under Any Federal Or State Law (Deviation 2012-O0007) (Mar 2012)

(a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.

(End of provision)

DFARS 252.209-7999 – Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation 2012-O0004)(Jan 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a delivery order any corporation that –

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a federal law within the preceding 24 months.

(End of Provision) FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Jan 2021) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"— Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

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

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

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

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

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

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

Women-owned small business concern means a small business concern—

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

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

(b)

(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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

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

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

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

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

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

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

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

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

(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) Representations required to implement provisions of Executive Order11246-

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

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

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

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

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

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

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

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

(1)

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

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

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

[List as necessary]

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

(g)

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

(i)

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

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

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

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

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

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

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

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

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

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

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

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award 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…