Attachment_1_-_Continuation_of_Solicitation.doc

REQUEST FOR PROPOSAL

SOLICITATION NO. 70Z08519RP4505100

Dry Dock Repair of USCGC POLAR STAR (WAGB 10) Attachment 1 - Continuation of Solicitation – Provisions & Clauses

FAR 52.252-2: CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov/far/ The following is the summary of applicable FAR clauses incorporated by reference:

Jun 2016

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of a Contracting Officer within CPD and shall not be binding until so approved.

(End of clause) FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS. (JUNE 1988)

a. Orders for U.S. Coast Guard Specification reference drawings and publications shall be placed within 8 days of the solicitation issue date. The request should identify the solicitation number and title.

b. Some references in Specification’s “Consolidated List of References” are subject to Export Control limitations or have otherwise restricted distribution, and have been deemed "limited access" and "export controlled" packages.

The specifications cited in this solicitation may be obtained from:

United States Coast Guard, SFLC, C&PD2 LREPL

Mr. Lee Thomas (206) 217-6767

Email: lee.f.thomas@uscg.mil or Mr. Anthony G. Reyes (510) 637-5906

Email: anthony.reyes@uscg.mil.

or Ms. Wilma L. Estrada (510) 637-5981

Email: wilma.l.estrada@uscg.mil.

The request must be placed within sixteen (16) days of the solicitation issue date should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

In order to access these documents the contractor shall comply with and provide the following:

i. The contractor shall be certified as a US or Canadian contractor by the Joint Certification Program (JCP) administered by the Defense Logistic Information Service (DLIS). Instructions and procedures for being certified by JCP can be found at http://www.dla.mil/HQ/InformationOperations/Offers/Products/LogisticsApplications/JCP.aspx . Current certification by JCP is required to be granted access to these packages by the USCG.

Once the contractor is in receipt of the drawings and publications they shall ensure that they comply with all applicable restrictions on viewing, sharing, downloading and distribution as applicable.

It is the Contractor’s responsibility to verify drawing measurements prior to ordering materials.

FAR 52.211-6 -- Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) ADDENDUM

All pages in the proposal shall be numbered and identified with the company’s name and RFP Number 70Z08519RP4505100, FY2019 DRY DOCK Repair for USCGC POLAR STAR (WAGB 10).

Subsequent revisions should be similarly identified to show revision number and date.

1. REQUIRED DOCUMENTS:

Each Offeror shall furnish the information required by the solicitation, which includes:

a) Completed and Signed SF Form 1449 with Offeror’s address, DUNS number, and other required information;

b) Any issued Amendments to the Solicitation, acknowledged and signed;

c) ATTACHMENT 2, Schedule of Supplies/Services – Price Schedule. Insert unit price in all

CLINS listed in the schedule (see FAR 52.212-1 and 52.212-2 including Addendums);

d) Technical Capability Proposal (see FAR 52.212-1 and 52.212-2 including Addendums);

e) Pre-award Dry Dock Certifications and Pre-award Dry Dock Calculations;

f) Welding Certifications and Procedures;

g) List the names of ALL Sub-Contractor’s that your company intends to subcontract for the CLIN Item(s) listed in the Schedule of Supplies/Services.

h) Proof of Insurance (Statement of coverage from current insurance carrier); and

i) All provisions/clauses in this solicitation that require contractor response, including a completed copy of the provision at FAR 52.212-3 Offerors Representation and Certifications – Commercial Items OR Offeror’s must include a completed copy of FAR 52.212-3 with their proposal OR provide notice of registration at www.sam.gov.

j) Completed DHS 700-23 DHS Subcontracting Plan Review Checklist (Applicable to Large Businesses only).

2.

EVALUATION FACTORS:

a) Factor I – Price Proposal (ATTACHMENT 2, Schedule of Supplies/Services – Price Schedule) – No Page Limit.

1) Complete ATTACHMENT 2 with prices for all CLINs in excel format.

2) The Offeror must also submit the following detailed information to support the pricing offer if requested, in addition to completing the Price Schedule of the solicitation.

3) Offerors may use their own format for the information required below but it must be easily read, comprehended, and identified by individual work item (eg. D-01, D-02). Breakdown for each work item:

(a) Direct labor cost by labor hours and proposed hourly rate(s);

(b) Materials; Subcontracts; Equipment; Other Direct Costs; and

(c) Profit, if listed separately -- individually identifying any items which are $500 or greater.

4) Provide a listing by subcontractor with the following information:

(a) Identification of each proposed subcontractor (name, address, phone number) and his small business status.

(b) A brief description of the service or supply, by work item, to be furnished and the proposed price for each.

(c) An explanation of why and how the proposed subcontractor was selected including the extent of competition obtained.

b) Factor II – Technical Capability Proposal – 15 Pages maximum. Email submission shall not exceed 10 MB.

1) The offeror shall provide Technical capability information (including federal, state, and local government and/or private) for efforts similar to the scope of work in this solicitation.

2) Offerors shall use the work scope and schedule details provided in Price Schedule (ATTACHMENT 2) and Specification (ATTACHMENT 5) as the basis for the detailed information required in response to technical capabilities a, b, and c below.

(a) Offeror’s Ability to Absorb Growth: The Offeror shall demonstrate its ability to absorb 40% growth to work items identified within the first 45 days of USCGC POLAR STAR’s arrival (04/15/2019) without impact to the overall completion date. Assume that the growth work per trade (Hull, Machinery, and Electrical) is proportional to the work in the specification, and that all material for such additional work is available within a reasonable amount of time. The Offeror shall demonstrate its strategy for mobilizing additional workforce both organically and subcontracted.

(b) Ability to Dry Dock the Vessel and Duration of Available Dry Dock Space: The Offeror shall demonstrate that it has pre-award drydocking certification as required by SFLC Std Spec 8634 and pre-award calculations as required by SFLC Std Spec 8634, and, if applicable, an alternate blocking arrangement. The Offeror shall provide confirmation that their docking schedule can accommodate a 45 day extension without undocking.

(c) Time Phase Sequencing of Work. Planning document in graphical format shall be submitted to show:

(1) The overall period of performance for each Work Item, with start and stop dates of major sub-tasks.

(2) Due dates for critical inspection reports and any events requiring Coast Guard Inspector presence.

(3) All work item periods that require technical representative assistance.

(4) Critical paths with the number of days the critical paths can be delayed without affecting the sea trial completion date.

3. PRE-AWARD DRY DOCK CERTIFICATIONS and PRE-AWARD DRY DOCK CALCULATIONS:

Offerors shall submit with their offer a (1) pre-award dry docking certification as required by SFLC Std Spec 8634, Paragraph 3.2.1 and 3.4.1.1 and provide (2) pre-award calculations, as required by SFLC Std Spec 8634, Paragraph 3.4.1.2 and Appendix A, A2.1 and as defined by paragraph A2.4.

Submission is required even if Offeror possesses a current certification. Note: Certifications older than 10 years require re-certification.

Certifications and calculations are a matter of responsibility; no award can be made until they are received and approved.

4. LOCATION OF OFFEROR’S SHIPYARD

In order for the Contracting Officer to evaluate certain foreseeable costs to the Coast Guard, the Offeror is required to provide, in the space below, the exact name and location of the shipyard to be used to perform the services required under this solicitation. The Offeror is cautioned that its failure to provide the name and location of its shipyard in the space provided below may result in its proposal being declared nonresponsive under the terms of a Request for Proposal.

Name and Location of the Offeror’s Shipyard: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

5. WELDING CERTIFICATIONS AND QUALIFICATIONS

This solicitation may contain welding line items as either Definitive or Optional Items. After award the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), Standard Specification 0740_STD. Furthermore, the Government will require the Contractor to submit applicable certifications and qualifications to the COR for any welding to be performed on any proposed change request.

(End of provision)

FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) ADDENDUM

1. Basis For Award

Basis for award will be to the responsible offeror whose proposal has the lowest total evaluated price while also meeting or exceeding the acceptability standards for technical capability factor using the guidance in FAR 15.101-2 and FAR 15.304.

2. Evaluation Factors

a. Factor I – Price Proposal

The total evaluated price of the offeror will be determined by totaling the proposed prices of all the Definite and Option Items, plus the composite labor hour extended total, plus lay days, and foreseeable costs provided via Attachment 2 – Price Schedule. While Option Items, the composite labor hour rate, and lay days are included in the total evaluated price, it is for evaluation purposes, and therefore may or may not ultimately be awarded during contract performance.

(1) DEFINITE ITEMS: These are the items, which, if there is an award at all, will be awarded. The bid shall be evaluated to include the price for each definite item.

(2) OPTION ITEMS: These are the items, which, if there is an award at all, may be awarded upon completion of open and inspect, or if additional funds become available, of if they are needed. The offer shall be evaluated to include the price for each option item.

(3) COMPOSITE LABOR HOUR RATE: The offer shall be evaluated to include the offer price for the Composite Labor Hour Rate multiplied by the estimated quantity of hours.

(4) LAY DAYS: A lay day is defined as an additional day on a dry dock or marine railway caused by a Government- issued change. The Contracting Officer will evaluate the daily rate for lay days multiplied by the estimated quantity of lay days as stated in the offeror’s Schedule of Services/ Supplies.

(5) FORESEEABLE COSTS: The Contracting Officer will evaluate certain foreseeable costs that will vary with the location of the commercial shipyard to be used by bidders/offerors under this solicitation. Costs will be calculated based on the bidder's/offeror's shipyard location and these costs will be added, for the purposes of evaluation only, to the bidder's/offeror's overall price.

Offeror’s price shall represent the best price in response to the request for proposal. The price shall be evaluated to determine fairness and reasonableness. Award may be made without any type of discussions or negotiations.

b. Factor II – Technical Capability Proposal

A rating shall be assigned to each Sub-Factor of Technical Capability Proposal as defined under the table below:

TECHNICAL ACCEPTABLE/UNACCEPTABLE RATING METHOD

Each sub-factor will be assigned a rating of technically acceptable (meets the minimum requirements of the solicitation) or technically unacceptable (proposal does not meet the minimum requirements of the solicitation). Any sub-factor receiving one or more technically unacceptable ratings during the evaluation will result in a technically unacceptable proposal overall, which will result in that proposal not being eligible for award. Sub-factors are:

(a) Sub-Factor 1 – Ability to Absorb Growth: The evaluation will assess the Offeror's ability to absorb contract growth work of 40% or greater to Work Items identified without extending contract period of performance. The Offeror will be evaluated as technically acceptable for this subfactor if the Offeror’s proposal demonstrates that the Offeror can accommodate contract growth work of 40% or greater. The Offeror will be evaluated as technically unacceptable for this subfactor if the Offeror’s proposal fails to demonstrate that Offeror can accommodate 40% contract growth work.

(2) Sub-Factor 2 – Ability to Dry Dock the Vessel and Duration of Available Dry Dock Space: The evaluation will assess the Offeror's pre-award drydocking certification and pre-award calculations, and, if applicable, an alternate blocking arrangement and docking schedule extension. The Offeror will be evaluated as technically acceptable if (i) they have a valid certification, and (ii) the pre-award calculations prove the safe docking evolution can be accomplished as required by SFLC Std Spec 8634, and (iii) dry dock within 72 hours after vessel has arrived at the Contractor’s facility until work completion, and (iv) the Offeror confirmed its docking schedule can accommodate a 45 day or greater extension without undocking. The Offeror will be evaluated as technically unacceptable if (i) they do not have a valid certification, or (ii) pre-award calculations do not prove the safe docking evolution can be accomplished as required by SFLC Std Spec 8634, or (iii) will not dry dock within 72 hours after vessel has arrived at the Contractor’s facility until work completion, or (iv) the Offeror did not confirm that its docking schedule can accommodate a 45 day or greater extension without undocking. A failure on any one of the four listed elements may result in a technically unacceptable rating for this sub-factor.

Note: According to SFLC Std Spec 8634 3.5.2.3: “The Contractor shall dock the vessel within 72 hours after the vessel has arrived at the Contractor’s facility. Except in the case where a pre-docking shaft alignment check shall be performed. When a pre-docking shaft alignment is performed, ensure that the vessel is drydocked within 120 hours after arrival.”

(3) Sub-factor 3 – Time Phase Sequencing of Work: The evaluation will assess the Offeror's ability to plan the availability with milestones, clearly identified important dates, a critical path at each point in the availability, and dependency between work items. The Offeror will be evaluated as technically acceptable for this subfactor if the Offeror’s proposal demonstrates that the time phase sequencing can be accomplished and all interdependencies between work items are accurately accounted in the schedule. The Offeror will be evaluated as technically unacceptable for this subfactor if the Offeror’s proposal indicates that the time phase sequencing cannot be accomplished or all interdependencies between work items are not accurately accounted for in the schedule.

3. FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT SHIPYARD LOCATIONS

In addition to other evaluation factors for award that may be listed in this solicitation, the Contracting Officer will evaluate certain foreseeable costs to the Coast Guard. Those costs will vary based on the location of the Offerors shipyard and are added to the Offeror’s overall bid price or price proposal for the purposes of evaluation only. These elements of foreseeable costs consist of the following:

(1) Transit Cost:

(i) Vessel operational cost will be calculated based on one round trip from the vessel's homeport of Seattle, WA to the contractor's facility. Distance will be based on the NOAA publication, “Distance Between U.S. Ports” or other authority (in order of priority), including Army Corp of Engineers or U.S. Navy transit publications, if the shipyard location is not contained in the NOAA publication.

(ii) Transit cost to navigate the vessel between its homeport and the contractor's offered place of performance is $319.00 per nautical mile. The number of nautical miles to transit between the Offerors shipyard and the vessel's homeport will be multiplied by the operational cost.

(2) Family Separation Allowance & Homeport Travel: Crew members with dependents residing within the area of the homeport are entitled to Family Separation Allowance and Homeport Travel Allowance whenever a vessel is overhauled outside of the area of the homeport. The area of the homeport is defined as the area within 50 road mile radius of the homeport. If the contractor's facility is outside of a 50 road mile radius of the vessel's homeport (Seattle, WA)—

(i) Family Separation Allowance for 45 personnel in accordance with Family Separation Allowance of $8.33 per day for 123 days as listed under DFAS.mil; Pay & Allowance; Family Separation Allowance are entitled to Family Separation Allowance. This entitlement is calculated from the date that the vessel leaves the home port to transit to the Offeror’s shipyard and the planned date of return to home port after completion of repairs or equipment installation. See U.S. Coast Guard Pay Manual, COMDTINST M7220.29, Chapter 3-F.

(ii) Homeport Travel. Crew's transportation during overhaul away from home port. As required by 37 USC 406 b and Chapter 7, Part F1 of the Joint Travel Regulations (JTR), on the thirty-first (31) day of a vessel being away from home port, and every sixty (60) days thereafter, all personnel with dependents residing in the area of the home port will be provided round trip coach type airfare to the vessels home port. There will be two (2) home port visit(s) during the performance of this contract. The vessel has 45 crew members eligible for Homeport Travel. Airfares will be based on the GSA City Pairs contracted Government YCA Fare (or successor GSA fare source) in effect at the time of receipt of bids/proposals. If there is no GSA contracted rate between the location of the contractor’s shipyard and the homeport the rate will be computed based on commercially available airfares. See Joint Travel Regulations (JTR), Chapter 7, Part X, paragraph U7615.

(3) Travel and Per Diem Costs: If the contractor's facility (proposed place of performance) is outside of a 50-road mile radius of the vessel's homeport (USCG Base Seattle)—

(i) There will be a transportation cost for four (4) US Coast Guard Representatives (one (1) Contracting Officer's Representative (COR) and three (3) Port Engineer Staff) for eight (8) round trips between the COR's official duty station (Seattle, WA) and the contractor's offered place of performance at the cost of coach-type airfare.

(ii) There will be a per diem expense for one hundred and twenty-three (123) calendar days to support four (4) US Coast Guard Representatives (one Contracting Officer's Representative (COR) and three Port Engineer Staff) while in the city of the place of contract performance, to be determined in accordance with the Joint Travel Regulations (JTR). The cost of POC will also be included.

(iii) There will be a transportation cost for one (1) Contracting Officer for three (3), four-day round trips between the Contracting Officer's official duty station (Seattle, WA) and the contractor's offered place of performance at the cost of coach-type airfare.

iv) There will be per diem and rental car expense for twelve (12) calendar days to support one (1) Contracting Officer while in the city of the place of contract performance, to be determined in accordance with the Joint Travel Regulations (JTR).

(v) There will be transportation cost for eight (8) Coast Guard Maintenance Augmentation Team (MAT) technicians for six (6) round trips between the MAT's official duty station (Seattle, WA) and the contractor's offered place of performance at the cost of coach-type airfare.

(vi) There will be per diem and rental car expense for one hundred and twenty-three (123) calendar days to support eight (8) Coast Guard Maintenance Augmentation Team (MAT) technicians while in the city of the place of contract performance, to be determined in accordance with the Joint Travel Regulations (JTR).

(vii) Crew Dining and Lodging: There will be a dining and lodging cost for 45 crew members while in the city of the place of contract performance for the estimated performance period 123 days. The cost of hotel and meals and incidentals expenses (M&IE) shall be calculated in accordance with the Federal Travel Regulations (FTR). If the contractor’s facility is less than 50 road miles from the cutter’s homeport (Seattle, WA), Crew Dining and Lodging will not apply.

(End of provision)

4. 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).

5. PRE-AWARD NOTICE.

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.

6. NOTICE OF PREAWARD SURVEY.

(a) Offerors are advised that the Government may contact potential contractors to ascertain their capabilities to perform the work specified in this solicitation. In addition to financial statements and credit rating checks, the Government may visit a prospective contractor’s facilities. Areas of Interest on this survey may include, but are not limited to the following:

1. Performance plans

2. quality control or contractor quality assurance plans

3. personnel recruitment and training plans

4. workload factors for manpower utilization

5. management plan for handling peak workloads

6. production capability:

a. plant facilities and equipment

b. purchasing and subcontracting

c. labor resources

d. performance record

e. ability to meet delivery schedules

f. ability to perform production work in accordance with the specifications.

7. environmental/energy considerations

8. plant safety

9. technical and/or professional abilities

10. accounting systems

11. security clearance

12. government property control

(b) Offerors are advised that accomplishment of this survey is a part of the evaluation process and is not to be construed as an indication that a bidder will receive or is in the best position to receive the resultant award.

FAR 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—

(6) 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

(7) 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 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 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 is to 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.

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

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

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

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

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

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

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

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

[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:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

(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…