Marine_Habitat_-_RFQ_AB-133F-16-RQ-0804.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

NFFR7500-16-02451 NFFR7500-16-02451AB-133F-16-RQ-0804

WESTERN ACQUISITION DIVISION

CONTRACTS BRANCH

7600 SAND POINT WAY NE, SOU6

SEATTLE WA 98115-6349

CASEY ST.CLAIR

casey.st.clair@noaa.gov

Please See Continuation Page for Line Item Details

206 526-4549

See Schedule

AUG 26, 2016

See Schedule

Attachment Page

PAGE 2 OF 68 AB-133F-16-RQ-0804

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

SOUTHWEST FISHERIES SCIENCE CENTER

MARINE HABITAT MANNED SUBMERSIBLE & SUPPORT VESSEL CHARTER

i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with FAR Part 13.5, with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The National Oceanic & Atmospheric Administration (NOAA) intends to award one firm fixed-price contract for a chartered manned submersible and chartered support vessel for the support of the Marine Habitat Survey off the coast of California, as described in the Statement of Work. All responsible sources may submit a quotation which shall be considered by NOAA. The Government intends to select one contractor; however, the Government reserves the right to award no contract at all, depending on the quality of the quotations and prices submitted and the availability of funds.

ii) This solicitation is issued as a request for quotation (RFQ). Written quotes for RFQ number AB-133F-16-RQ- 0804 shall be submitted on this Standard Form 18.

iii) The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular No. 2005-89, dated July 14, 2016.

iv) This procurement is solicited using full-and-open competition. The associated NAICS code is 483112. The small business size standard is 1,500 employees.

v) This combined solicitation / synopsis is for purchase of the following commercial supply items:

CLIN 0001: Base Period of Performance shall be October 1, 2016 through September 30, 2017; Provide all labor, equipment and materials necessary for a 5-day vessel charter in support of the Marine Habitat Survey off the coast of California, in accordance with the Statement of Work.

CLIN 0002: Base Period Option Item Period of Performance shall be October 1, 2016 through September 30, 2017; Provide all labor, equipment and materials necessary for a 5-day vessel charter in support of the Marine Habitat Survey off the coast of California, in accordance with the Statement of Work. Option days shall be exercisable in one-day increments.

CLIN 1001: Option Period I Period of Performance shall be October 1, 2017 through September 30, 2018;

Provide all labor, equipment and materials necessary for a 5-day vessel charter in support of the Marine Habitat Survey off the coast of California, in accordance with the Statement of Work.

CLIN 1002: Option Period I, Option Item Period of Performance shall be October 1, 2017 through September 30, 2018; Provide all labor, equipment and materials necessary for a 5-day vessel charter in support of the Marine Habitat Survey off the coast of California, in accordance with the Statement of Work. Option days shall be exercisable in one-day increments.

CLIN 2001: Option Period II Period of Performance shall be October 1, 2018 through September 30, 2019;

Provide all labor, equipment and materials necessary for a 5-day vessel charter in support of the Marine Habitat Survey off the coast of California, in accordance with the Statement of Work.

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CLIN 2002: Option Period II, Option Item Period of Performance shall be October 1, 2018 through September 30, 2019; Provide all labor, equipment and materials necessary for a 5-day vessel charter in support of the Marine Habitat Survey off the coast of California, in accordance with the Statement of Work. Option days shall be exercisable in one-day increments.

CLIN 3001: Option Period III Period of Performance shall be October 1, 2019 through September 30, 2020;

Provide all labor, equipment and materials necessary for a 5-day vessel charter in support of the Marine Habitat Survey off the coast of California, in accordance with the Statement of Work.

CLIN 3002: Option Period III Option Item Period of Performance shall be October 1, 2019 through September 30, 2020; Provide all labor, equipment and materials necessary for a 5-day vessel charter in support of the Marine Habitat Survey off the coast of California, in accordance with the Statement of Work. Option days shall be exercisable in one-day increments.

CLIN 4001: Option Period IV Period of Performance shall be October 1, 2020 through September 30, 2021;

Provide all labor, equipment and materials necessary for a 5-day vessel charter in support of the Marine Habitat Survey off the coast of California, in accordance with the Statement of Work.

CLIN 4002: Option Period IV Option Item Period of Performance shall be October 1, 2020 through September 30, 2021; Provide all labor, equipment and materials necessary for a 5-day vessel charter in support of the Marine Habitat Survey off the coast of California, in accordance with the Statement of Work. Option days shall be exercisable in one-day increments.

vi) Description of requirements is as follows:

STATEMENT OF WORK

Period of Performance: October 1, 2016 through September 30, 2021 (Includes all Options)

Base Period CLIN 0001 10/01/2016 – 09/30/2017 5 Charter Days CLIN 0002 10/01/2016 – 09/30/2017 5 Option Charter Days Option Period I CLIN 1001 10/01/2017 – 09/30/2018 5 Charter Days CLIN 1002 10/01/2017 – 09/30/2018 5 Option Charter Days Option Period II CLIN 2001 10/01/2018 – 09/30/2019 5 Charter Days CLIN 2002 10/01/2018 – 09/30/2019 5 Option Charter Days Option Period III CLIN 3001 10/01/2019 – 09/30/2020 5 Charter Days CLIN 3002 10/01/2019 – 09/30/2020 5 Option Charter Days Option Period IV CLIN 4001 10/01/2020 – 09/30/2021 5 Charter Days CLIN 4002 10/01/2020 – 09/30/2021 5 Option Charter Days

The National Marine Fisheries Service (NMFS) Southwest Fisheries Science Center (SWFSC) Fisheries Ecology Division (FED) has a need to contract for a manned submersible and support vessel in waters off southern

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California. T he submersible shall be used to make visual observations, assist in deploying, positioning, and retrieving experimental surveillance gear (each weighing up to 400 pounds (lbs.) in air, and survey demersal fishes and associated habitats on rocky offshore banks at depths of 80-150 meters (m). The main objective of this work is to understand the effects of mobile survey vehicles on the behavior of rockfish species living in deep rocky habitats. Performance capability of the contracted dive system is critical to the success of this research.

SCHEDULE NOTE

Though the contractual period of performance is conducted over a one-year period, the dives themselves will be conducted almost entirely in late October of each year. The contractor must be available for the duration of the dive period, should the annual optional charter days be exercised. Every effort will be made to coordinate the actual charter dates with the contractor as far in advance as possible.

TECHNICAL REQUIREMENTS

Submersible Requirements.

1. The contractor shall provide at least two (2) fully qualified pilots for the manned submersible, for the purpose of alternating dive participation, and two support crew members to assist with deck operations, navigation, tracking, and communication with the submersible (for a total of at least 4 personnel).

2. The submersible shall be capable of regularly operating to a depth of 360 meters sea water and must be able to operate in contact with the seafloor over rugged substrate that includes boulders, pinnacles and rockwalls.

The submersible shall be certified by the American Bureau of Shipping (ABS), or recognized equivalent, to this depth, with appropriate documentation of inspection and construction to be presented within two (2) weeks of the scheduled charter.

3. The submersible crew and support crew shall be capable of providing a total of 8 hours of submergence during a re search dive day. The submersible shall be highly maneuverable and capable of performing multiple dives per day while operating with external lights on and frequent use of external strobes. The submersible shall have a means to deploy and retrieve sampling gear (weighing approximately 400 lbs. in air; estimated dimensions 1.5 m height x 1.0 m width x 1.5 m length) from the sea surface to the seafloor and return.

4. Exterior lighting and illumination capable of providing sufficient light for video imaging of objects at a distance of at least 5 m from the submersible at maximum operating depths is required. A through-hull electrical connection to the exterior strobes shall be provided for use with internal hand-held cameras. An external, high-definition color video camera capable of being mounted on the front or the side of the submersible in such a way as to generate high quality video record of transects, along the sea floor, with viewing angle adjustable from horizontal to vertical is required. The video system shall include a monitor, digital recording deck, and have datalogger capability (PISCES design or similar) encoded with synchronous data on time, date, and depth. The video system will include externally mounted multiple lasers for measuring objects and distance on the seafloor and for camera positioning. In addition, the submersible shall be outfitted with calibrated depth and altimeter sensors that are linked to an operational data logging system. All sensor and navigation data shall be provided to chief scientist each evening as digital ASCII-format files.

5. The submersible shall have an articulated manipulator arm to deploy and retrieve gear on the seafloor.

6. Equipment for communication from underwater submersible to support vessel shall be provided. Minimum range for such equipment (underwater model) shall be one-half mile. During surface operations, the submersible must have a means for visual contact (functional strobe and locating beacon as a minimum).

7. The submersible's contractor shall have an operations procedure manual including emergency procedures and safety precautions. All observers/scientists shall be briefed on these safety procedures and precautions prior to diving. Submersible supplies shall include air/regulator for pilot and scientist; insulated emergency suits for prolonged submergence. The life support system (02 + C02 scrubber) of the submersible must be capable of supporting submersible occupants for at least 72 hours at an ambient temperature range of one (1) to twelve (12) degrees centigrade.

8. The submersible shall have a functional acoustic tracking beacon for acquisition of depth/range from the support ship (e.g., Trackpoint II type and Winfrog, or equivalent). The submersible crew member that

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operates this equipment shall precisely track the submersible relative to fixed surveillance gear on the seafloor, and provide a digital ASCII-formatted file of navigational data synchronized with time for each track.

Precision of these navigational data is critical to the success of our project.

9. Contractor team including all submersible pilots shall have demonstrated professional experience (that is at least one project per year for five years) using a manned submersible to conduct scientific visual surveys of fishes on the seafloor and to transport and locate scientific equipment on the seafloor using the submersible's manipulator arm.

Support Vessel Requirements:

1. The support vessel shall be of sufficient size, minimum length of 100 feet overall, to safely launch and recover the submersible and special oceanographic equipment. The support vessel shall meet US Coast Guard requirements for certification and safety inspection.

2. The crew shall consist of a captain, first mate, engineer, cook, and deck hand. The Captain shall have demonstrated experience to launch and retrieve a manned submeersible from a ship in offshore marine environments

3. The support vessel shall be highly responsive for precise positioning and submersible retrieval.

4. The support vessel shall be available to mobilize on the dates specified for this project.

5. Bridge to deck communication (VHF or hardwire) and unobstructed view of the submersible is required for launch/retrieval operations.

6. The support vessel shall have a complete hydraulic-powered launch and retrieval system with two times (2X) manned submersible weight capacity for precisely maneuvering the submersible from the deck cradle into and out of the water.

7. The support vessel shall have electrical power compabitle with the submersible, and provide a minimum of 50 kW of 120 volt AC electrical power within 80 ft. of deck-mounted submersible operations center. Three-phase 220 volt power is desirable.

8. The support vessel shall be capable of remaining at sea for at least ten (10) days without resupplying and capable of cruising at least nine (9) knots to minimize transit time. The required work-day duration will be 12 hours of submersible support dive time and surface-oriented oceanographic research during daylight hours.

9. The total launch-and-recovery system shall not require scientific personnel to participate in the at-sea operations of the submersible handling of the launch and recovery system.

10. Berthing (including a smoke-free sleeping space, clean, dry bunks, bedding, linen, blankets and towels), food, fresh water, survival suits, bathroom, etc. for scientific crew of at least eight (8) persons shall be provided by the support vessel in addition to the staffed submersible crew (4 persons). Food provided shall be of high quality, and sufficient quantity, and be made available during the general hours of breakfast, lunch, and dinner.

11. The support vessel shall provide laboratory space for the scientific personnel, including at least a suitable desk or dry counter work space of about 40 sq. ft. for data preparation and video viewing and post-dive procedures. Video viewing equipment will be provided by government (not the vendor).

12. The support vessel shall provide at least 500 cu ft. of readily accessible, dry, clean storage space for equipment.

13. The support vessel shall provide at least 100 sq. ft. of open deck space to store research surveillance modules that are provided by the government.

14. The support vessel shall be equipped with fully operating primary and back-up units for standard ship's navigation (including radar and differential Global Positioning System (dGPS)) for at-sea operations.

15. The support vessel shall have a high resolution recording fathometer (minimum accuracy of plus or minus 1 m in 305 m of water).

16. The support vessel shall have both primary and back-up single sideband (SSB) and very high frequency (VHF) units for standard ship-to-shore communications capability, including access to the marine operator at distances from shore required by the operating areas (25 miles).

17. The support ship shall carry at least one seaworthy skiff (e.g., 18 ft. inflatable with 25 hp outboard), which may be launched as a dive tender and for transportation to shore at remote locations.

18. The support ship shall provide a safe means of boarding and de-boarding personnel and equipment.

19. All safety equipment on the support vessel shall be functional.

PAGE 6 OF 68 AB-133F-16-RQ-0804

SURVEY AREA:

vii) Acceptance will take place aboard the contracted vessel.

viii) The provision at FAR 52.212-1 Instructions to Offerors – Commercial items (OCT 2015), and addenda apply to this acquisition.

ADDENDUM TO FAR 52.212-1

ADDITIONAL INSTRUCTIONS TO OFFERORS

Offerors shall submit all attachments with complete information which clearly and concisely relates to the evaluation criteria in SOLICITATION PROVISIONS, FAR 52.212-1 EVALUATION CRITERIA (APR 2010), specifically addressing the following:

Quotations are due no later than 10:00 AM PDT on August 26, 2016.

Only quotations that address and meet all requirements set forth in this solicitation will be considered responsive.

To be considered for award Offerors must propose for all items listed in the price schedule. In addition, the following instructions establish the acceptable minimum requirements for the format and content of quotations.

The quotation must be prepared in two parts: A technical quotation and a price quotation. Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. The technical quotation must not contain reference to price; however, adequate information must be contained in the technical quotation so that the offeror’s technical approach is sufficiently detailed to provide a clear and concise presentation that addresses all contract requirements and demonstrates a clear

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understanding of the requirements. See other sections of the RFQ and SOW for additional requirements of the Price and Technical quotations.

The quotation should be typed, double-spaced, with one inch margins, using size 12-font or equivalent, and printed (if mailed), unreduced in size, on 8½" by 11" paper.

If mailed, the offeror shall submit:

a. Technical Quotation: One (1) original and three (3) copies.

b. Price Quotation: One (1) original and one (1) copy.

Each part shall be clearly marked by title.

If mailed, quotations shall be marked on the outside of the mailing package, shall clearly identify the solicitation number, time and date for receipt of offers, and the name of the assigned Contract Specialist.

Offerors are responsible for submitting quotations, and any revisions, so as to reach the office identified in Block 9 of the SF-18 by the time specified in the solicitation. Any package not marked or incorrectly marked for identification as a quotation and is subsequently delivered late will not be considered for award.

Regardless of the delivery method used, it is up to the contractor to ensure quotations are received in the contracting office by the specified due date.

The Government will evaluate quotations in accordance with the provisions set forth in this section and with the evaluation criteria set forth herein.

The Offerors shall identify and explain any exceptions or deviations taken to any part of the solicitation or conditional assumptions made with respect to the technical requirements of the solicitation. Offerors should note that taking exceptions to the Government’s requirements may indicate an unwillingness or inability to perform the contract, and the quotation may be evaluated as such.

• Factor 1 – TECHNICAL CAPABILITY:

Preparation and submission of the attachments noted below, as well as any additional information needed to determine: the vessel's ability to conduct the survey efficiently and safely, the experience of the proposed crew, and information documenting the company’s experience based on direct corporate experience of the company, vessel and crew with charter operations similar in scope, objectives and operating procedures to those described in this acquisition is required.

Offerors shall complete and submit:

(1) Manned Submersible Characteristics – Attachment 1

(2) Support Vessel Characteristics – Attachment 2

(3) Experience of Captain and Crew – Attachment 3

Additionally, offerors shall provide sufficient detailed information which demonstrates that the manned submersible and support vessel are capable of meeting the required characteristics and configuration, and how they plan to meet the specified requirements. This shall include the attachments contained in this request for quotations. This information should be supplemented and can include, but is not limited to: drawings, blueprints, photographs, written narrative, etc.

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In the technical offer, offerors shall provide information and documentation in sufficient detail to clearly identify qualifications. The information should be provided as shown on the attached forms, including manufacturer’s names and model numbers where applicable. A complete explanation shall be provided where information is unavailable or not applicable. If an offeror proposes to supply equipment for the contract that they do not currently have, they must provide the specifics of the equipment such as the make, model and expected delivery time of the item, in order for the equipment to be considered in the evaluation of their offer. In the event an offeror proposes equipment modifications to a vessel, NOAA, at its discretion may eliminate the vessel from consideration if NOAA views potential schedule risk, etc. In addition, the Government reserves the right to inspect vessels prior to making a selection.

• Factor 2 - PAST PERFORMANCE:

The offer must include specific contract references and clearly address recently completed and related, relevant contracts (both Government and non-Government), subcontracts, and grants. The offeror shall include the name of the customer, including contracting agency, address, and phone number; contract number, type of contract, and dollar value; date of contract, period of performance, place of performance, and a brief description of contract work scope and responsibilities. Attachment 4, Customer Past Performance Questionnaire, is included for your use. Provide questionnaires to all customers under similar or related contracts performed or currently being performed for at least the last five (5) years or a short statement explaining the lack thereof. Include any letters or reports of work performance completed provided by a contracting agency on quality of work performed prior to submitting Attachment 4 to customer references. Offerors should note that the Government expects to make use of past performance data from any available list of customers.

1) Customer Past Performance Questionnaire – Attachment 4 NOTE: this attachment shall be sent to contractor’s customers, who will then submit directly to the Government. Questionnaires submitted directly from the contractor to the Government may not be considered.

The Offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, effective management of subcontractors, cost management, level of communication between the contracting parties, proactive management and customer satisfaction.

The Government reserves the right to assess the past performance of proposed subcontractors.

The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from reference provided by the Offeror, the agency's knowledge of contractor performance, other Government agencies or commercial entities, or past performance databases.

If an Offeror does not have a history of relevant contract experience, or if past performance information is not available, the Offeror will receive a neutral past performance rating.

Offerors shall provide a listing of customers to which Past Performance Questionnaire forms were distributed.

The list shall contain the firm's names, the representative to whom the form was provided, a telephone number of the contact and an email address. Your customers are requested to complete the Past Performance Questionnaire form and submit the form by fax or email directly to the Contract Specialist noted below.

NOTE: Upon completion of the form, the customer shall return it directly to the DOC, NOAA, Western Acquisition Division by email to: casey.st.clair@noaa.gov or fax: 206-526-6025.

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Offerors shall make every effort to ensure that forms are received no later than, August 26, 2016 by 10:00 AM PDT, in order to be considered for evaluation of this factor. Surveys submitted directly by the offeror rather than by the customer may not be considered.

• Factor 3 – PRICE:

Price quotations must generally adhere to the pricing structure established in the Schedule of Items. Each price quotation must be based on the offeror's own technical quotation, the Government's Statement of Work and other contractual requirements. Award will be made to the offeror who presents the best value to the government, when considering trade-off principles where a combination of technical and past performance factors are more important than price.

ix) The provision at FAR 52.212-2 Evaluation – Commercial Items (OCT 2014) applies to this acquisition. Evaluation factors include technical capability, past performance, and price.

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

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

The following factors shall be used to evaluate offers:

1. Technical Capability

2. Past Performance

3. Price

Technical and past performance factors, when combined, are more important than price.

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

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

(End of Provision)

x) Offerors are required to include a completed copy of the provision at FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (APR 2016), with their offer(s).

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (JUL 2016)

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

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

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

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

PAGE 11 OF 68 AB-133F-16-RQ-0804

“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

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(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.

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed throughhttps://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on 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.

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(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--

PAGE 15 OF 68 AB-133F-16-RQ-0804

(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

PAGE 16 OF 68 AB-133F-16-RQ-0804

component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American— Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

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

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

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

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

PAGE 17 OF 68 AB-133F-16-RQ-0804

(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:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(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…