ABL-15159_RFQ.docx

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

Of Pages

1. REQUEST NO.

2.

ABL-15159

2. DATE ISSUED

5/14/15

3. REQUISITION/PURCHASE REQUEST NO.

5a. ISSUED BY: U.S. DEPT. OF COMMERCE, NOAA, NMFS, AUKE BAY LABORATORIES

17109 PT LENA LOOP RD, JUNEAU, AK 99801

6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

HEATHER MAHLE

HEATHER.MAHLE@NOAA.GOV

AREA CODE

NUMBER

789-6021

9. DESTINATION

a. NAME OF CONSIGNEE USDOC/NOAA NOAA Fisheries, Auke Bay Laboratories

8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS 17109 Pt. Lena Loop Road

c. STREET ADDRESS

c. CITY Juneau

d. CITY

e. STATE

AK

e. ZIP CODE 98801

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE 05/29/2015

1:00PM, ALASKA TIME

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 services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations 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)

Procure, install, and configure, and provide one year of maintenance for off-the-shelf equipment to replace the fire alarm panel at the Ted Stevens Marine Research Institute located in Juneau in accordance to the attached performance work statement.

Option 1, annual maintenance and additional one year of service and support to include software upgrades.

Option 2, annual maintenance and additional one year of service and support to include software upgrades.

Option 3, annual maintenance and additional one year of service and support to include software upgrades.

JOB

b. 20 CALENDAR DAYS %

c. 30 CALENDAR DAYS %

d. CALENDAR DAYS

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS

c. CITY, STATE, ZIP

AREA CODE

c. TITLE (type or print)

OMB Approval No. 9000-0009

COMPANY NAME:_____________________ email ADDRESS:________________________

PHONE:___________________________ SMALL BUSINESS?____YES / NO ________

FAX:____________________________ TAX ID NUMBER:________________________

ADDRESS:________________________________________________________________

DUNS no.______________________________CAGE CODE (CCR):____________________

Send Your Response to Heather Mahle & Reference Solicitation # (ABL#) in the Subject Line:

· Mail/Hand Deliver to NMFS/Auke Bay Laboratories, 17109 Pt Lena Loop Rd, Juneau, AK 99801

· Fax to 907-789-6004

· Email to Heather.Mahle@noaa.gov

Award will only be issued to Vendors/Contractors who (1) have a Data Universal Numbering System (DUNS) (Registration is free at www.dnb.com, or by phone at 800-333-0505), and is registered in the System for Award Management (SAM)(Registration is free at www.sam.gov).

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that-

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

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

(2) The Offeror represents that, as of the date of this offer –

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

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

CERTIFICATION BY OFFERORS REGARDING FEDERAL INCOME TAX FILING AND FEDERAL INCOME TAX VIOLATIONS. (Class Deviation) (March 2015)

(a) In accordance with Section 523 of Division B, Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235) none of the funds made available by the Act may be used to enter into a contract in an amount greater than $5,000,000 unless the prospective contractor certifies in writing to the U.S. Consolidated and Further Continuing that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(b) The offeror’s proposal shall include a signed written certification as follows –

To the best of my knowledge and belief, ______________________________________(name of offeror) has filed the Federal tax returns required during the three years preceding this certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

Firm _____________________________________________ Signature _________________________________________ Name ____________________________________________ Title _____________________________________________ Date of execution __________________________________

PERFORMANCE WORK STATEMENT

SECTION 1

GENERAL

1.1. SCOPE OF WORK. The Auke Bay Labs intend to award a purchase order to replace the fire alarm panel at the Ted Stevens Marine Research Institute (TSMRI). The current TSMRI alarm panel is an Edward Systems Technology model EST3 fire alarm. The contractor shall provide all equipment, personnel, tools, materials, supervision, and other items and incidental services necessary to replace the current system with one that meets the specifications attached that can be serviced by local professionals in emergencies as well as when conducting annual maintenance.

1.2. CURRENT EQUIPMENT

1.2.1. The current TSMRI system is based around the ETS3 Fire and Security product lines and was installed during construction These specifications have been reviewed and modified for this solicitation of a replacement system.

1.2.2. As is construction drawings and submittals will be provided for currently installed equipment as an enclosure to this RFQ.

1.3. INSTALLATION The contractor will procure the components and provide all labor for installation, configuration, and programming of the new fire alarm panel, initiating devices, and signaling appliances.

1.3.1. The contractor will develop a work plan within the Quality Assurance Plan that includes a commissioning plan and testing regime that will be closely coordinated with the facility manager each day prior to work commencing.

1.3.2. Existing hardware to be reutilized will be tested, repaired, and reconfigured if required and integrated into the system.

1.3.3. Testing of operation of all components will take place at final commissioning and will include testing at main alarm panel and remote display panel.

1.3.4. The contractor will coordinate installation with LJ Alarm, 907-789-7940, for remote monitoring configuration and alarm monitoring during installation of new panels to ensure that the building will be monitored during all stages of installation and testing.

1.4. TRAINING Training will be held for facility staff on the operation of the main and remote display panel.

1.5. PROPERTY CONTROL. The contractor shall obtain approval of the COR or the contracting officer before removing any item from its existing location.

1.6. REPORTS. A complete set of submittals to include as built drawings, and an O&M manual for all hardware and software, including reutilized field hardware, will be produced.

1.6.1. All electronic files will be provided for programming and upkeep of the system.

1.7. LANGUAGE. The contractor representative must be able to read, write, speak, and understand English.

1.8. EMPLOYEES:

1.8.1. Appearance. Contractor personnel shall present a neat appearance and be easily recognized. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges which contain the company name and employee name.

1.8.2. SECURITY OR ACCESS REQUIREMENT The awarded contractor shall apply for a security background check. The awarded contractor can contact the Auke Bay Laboratories Security Officer Representative at (907) 789-6005 for instructions on how to request this check for all employees who will be employed on this project and working on federal grounds.

1.9. QUALITY CONTROL. Contractor shall develop and maintain a quality program to ensure services are performed in accordance with commonly accepted commercial practices for installation, maintenance, and repair. The contractor shall develop and implement procedures to identify and prevent defective services from recurring.

1.9.1. QUALITY CONTROL PLAN. The contractor shall establish and maintain a Quality Control Program/Plan to ensure the requirements of the contract are achieved. One copy of the contractor's Quality Control Plan shall be furnished to the contracting officer

1.9.1.1. PLAN CONTENTS The Quality Control Plan will include a testing regime for commissioning of the new system that will test all panels, initiating devices and signaling appliances. The plan will include measures to take prior to deactivation of any component for configuration and integration into the new system as well as a sequence of events and schedule approved of by the facility manager before any work begins. This plan will be briefed prior to start of contract work. Additionally, it will include inspection points within the installation commensurate with standard commercial practice for the installation and commissioning of building access systems.

1.9.2. Inspection System. Quality control will be monitored based upon standard quality control practices for commercially procured items. The contractor will be expected to develop and execute the inspection system.

1.9.2.1. Methods. The methods for identifying and preventing defectives in the quality of service performed shall be identified before the level of performance becomes unacceptable.

1.9.2.2. Records. On-site records of all inspections conducted by the contractor and necessary corrective action taken will be documented. This documentation shall be made available to the contracting officer, as requested, during the term of the contract.

1.9.3. GOVERNMENT REVIEW. The Government may review the Contractor Quality Control Plan to determine if it is adequate. If the plan is found to be adequate, the Government will authorize the plan. If the plan is not adequate as submitted, the deficiencies will be identified to the contractor in writing. The contractor shall correct all identified deficiencies and submit a corrected Contractor Quality Control Plan within ten working days or contract start date, whichever is sooner. Contractor performed work which fails to conform to standards when the contracting officer performs quality assurance work will serve as an indicator that the contractor QC system is not adequate.

1.10. QUALITY ASSURANCE

1.10.1. CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COR). COR’s will be appointed to monitor contractor performance and have the right to inspect and accept and reject defective services. The name and telephone number of each COR under the contract will be furnished to the contractor in writing by the contracting officer.

1.10.2. GOVERNMENT MONITORING. The Government will monitor the contractor's performance under this contract using the method(s) of surveillance specified in the Performance Requirements Summary (PRS). All monitoring observations will be recorded by the government. When an observation indicates defective performance, the COR will request the contractor's representative to confirm defective work and perform corrective work.

1.11. PHYSICAL SECURITY. The contractor shall be responsible for safeguarding all Government property provided for contractor use in accordance with the Government Furnished Property clause, 52.245-4.

1.11.1. KEY CONTROL The contractor shall establish and implement methods of ensuring that all keys issued to the contractor by the Government are not lost or misplaced and are not used by unauthorized persons. No keys issued the contractor by the Government shall be duplicated. The contractor shall develop procedures covering key control that shall be included in the quality control plan.

1.12. GENERAL CONDITIONS

1.12.1. IT REQUIREMENTS This order will not require assignment of a user account and access to DOC data systems. This contractor will not need access to Government hardware, application software, system software, and sensitive data. IT security consideration and controls will be put in place before commencement of service.

1.12.2. DAMAGE The Government will not be responsible in any way for damage occasioned by fire, theft, accidents, and otherwise to the Contractor's personal belongings brought into the Government buildings.

1.12.3. INSURANCE COVERAGE The contractor will be responsible for providing their own workman's compensation and health insurance. The government will not be responsible for providing insurance. The contractor must show proof of workman's compensation insurance if requested by either the COTR, ACOTR or Contracting Officer. If the contractor will be performing work on a vessel or in a field camp, the government takes no responsibility in event of injury if the contractor has not obtained workman's compensation insurance.

1.12.4. FEDERAL, STATE, AND LOCAL TAXES Except as may be otherwise provided in this contract price includes all applicable federal, state, and local taxes and duties in effect on the date of this contract but does not include any taxes from which the Government the Contractor or this transaction is exempt. Upon request of the contractor, the Government shall furnish a tax exemption certificate or similar evidence of exemption with respect to any such tax not included in the contract price pursuant to this clause. For the purpose of this clause, the term "date of this contract" means the date of the contractor's quotation or, if no quotation, the date of this Purchase Order.

1.13. PERFORMANCE OF WORK

1. The Government's representative (POC), under whose technical guidance the work will be performed, will be consulted as to the manner of starting and performing the work so as to assure the use of approved techniques and materials.

2. Contractor shall not work during holidays, weekends or site closure or

3. during government shutdowns or furloughs.

4. The work will be coordinated between the Contractor and the Government COTR or POC, IT Specialist, and other government employee.

5. The Contractor shall comply with all building and vessel regulations while on the premises and at sea.

6. Services and operations will generally be performed five days per week (Monday through Friday) during the period 6:00 am to 6:00 p.m. normal business hours.

1.13.1. WORKMANSHIP The work involved in this contract must be performed accurately, on a timely basis, and with close adherence to established guidelines

1.14. PERIOD OF PERFORMANCE The period of performance is for project completion within six months from award date.

1.15. HOURS OF OPERATION

1.15.1. NORMAL HOURS The contractor shall maintain the following customer service hours:

Monday through Friday 6:00 am to 6:00 pm, however, performance of maintenance and repairs under this contract will not be precluded after normal hours, and will be required for testing of signaling appliances.

1.16. CONSERVATION OF UTILITIES. The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions which preclude the waste of utilities, which shall include:

1.16.1. LIGHTS Lights shall be used only in areas where and when work is actually being performed.

1.17. DOCUMENTATION AND RECORDS. All documentation, records and schedules as described in this PWS that are the responsibility of the contractor, are the property of the Government and shall be turned over to the Government upon completion or termination of the contract. All records are subject to the Freedom of Information and/or Privacy Acts and any requests for release of any records shall be handled accordingly.

SECTION 2

DEFINITIONS

2.1. STANDARD DEFINITIONS.

2.1.1. ACCEPTABLE QUALITY LEVEL (AQL). The maximum percent defective (or the maximum number of defects per hundred units) that for purposes of random sampling, may occur before the Government will effect the price computation system in accordance with the Performance Requirements Summary and the Inspection of Services Clause. When the method of surveillance is other than random sampling, the AQL is defined as the number of defects or maximum percentage of defects in the lot that may occur before the Government will effect the price computation system in accordance with the Performance Requirements Summary and the Inspection of Services Clause. An AQL does not allow a contractor to knowingly offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2.1.2. DEFECTIVE SERVICE. A unit of service which contains one or more defects, or nonconformance with specified requirements.

2.1.3. LOT. The total number of service outputs in a surveillance period, as defined in the AQL column of the Performance Requirements Summary (PRS).

2.1.4. PERFORMANCE REQUIREMENTS SUMMARY (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

2.1.5. QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

2.1.6. CONTRACTING OFFICER'S REPRESENTATIVE (COR). A Government person designated by the contracting officer with authority to act within the scope the delegated authority.

2.1.7. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document used for quality assurance surveillance. The document contains specific methods to perform surveillance of the contractor.

2.1.8. QUALITY CONTROL. Those actions taken by a contractor to control the performance of services so that services meet the requirements of the PWS.

SECTION 3

GOVERNMENT FURNISHED PROPERTY

SECTION 4

CONTRACTOR FURNISHED PROPERTY/SUPPLIES/MATERIALS/EQUIMENT/ETC.

4.1 General. Except for those items or services specifically stated to be Government furnished in Section C-3, the contractor shall furnish everything (equipment, materials, consumables, incidentals, etc.) required to perform the tasks identified in this contract in accordance with the contract requirements and performed in a skillful and workmanlike manner.

SECTION 5

SPECIFIC TASKS

5.1 Task 1, TSMRI Replace existing EST3 Fire Alarm panel and those initiating devices and signaling appliances that cannot be reutilized with the new system at the Ted Stevens Marine Research Institute following the specifications prescribed in the enclosed TSMRI Fire Alarm Systems Specifications, which have been modified for this solicitation.

5.2 Task 2, Conduct training for facility staff on operation of the new panels.

5.2.1 Materials. All instructional materials will be provided in hard copy and digital form for future reference.

5.2.2 Standard. Upon completion of the provided training the users will be able to demonstrate a proficiency in manipulating the alarm panel and remote indication panel.

5.3 Task 3, Provide One Year (1) warranty and configuration support for all newly installed equipment.

5.3.1 Vendor to provide a full years support for installation to include hardware and software support.

5.3.2 Options to be provided for additional support to include software upgrade in one year increments.

SECTION 6

INVOICING

6.1 Invoicing

In compliance with the Prompt Payment Act, the Financial Management Division will pay an invoice in accordance with the terms set forth in the contracts with vendors if a "proper invoice" is received. A "proper invoice" has:

1. Name of the vendor and an invoice date

2. Purchase order number

3. Description, price and quantity of property and services actually delivered or rendered

4. Payment terms are “Net 30”.

5. Name, title, phone number, and complete mailing address of the responsible official to whom payment is to be made

6.1.1 Submit Invoice To

6.2 Payment Terms

Award will be issued as NET 30, however the Government tries to pay much sooner.

SECTION 7

AWARD DECISION

7.1 Evaluation and Award

Contract will be awarded based on lowest price, including base and all options, that is technically acceptable.

The following factors will be used to determine Technical Acceptability of each offer:

1. Technical Capability of the services offered to meet the needs of the Government.

2. Expertise, Experience and Education of proposed contract personnel.

Offeror’s proposal demonstrates technical expertise, education, demonstrates experience and qualifications by submitted resumes, letters of recommendations, services contracts of similar size and character, etc.

3. Past Performance information in support of offeror’s ability to meet technical requirements, quality, and timeliness of delivery of goods, services, and customer satisfaction.

7.1.1 Submission of Quotes

A response to this Request for Quote by interested parties shall consist of the following:.

· Complete Standard Form 18 (PAGE 1 & 2) – with pricing for each item and freight.

· Resume or Supporting Documentation for Contractor Requirements, as listed herein.

· Verification that the vendor is registered in SAM

· Attachment A (last page)

Please send proposals and resumes to Heather Mahle at NMFS/Auke Bay Laboratories, 17109 Pt Lena Loop Rd, Juneau, AK 99801, and telephone (907) 789-6021 or FAX 907 789-6004. If there are any questions, please submit them via email to Heather Mahle (Heather.Mahle@noaa.gov) She will contact the requisitioner and/or technical representative for the answer.

SECTION 8

PROVISIONS

Suspension of Work and Government Shut Down

In the case of a Government Wide Shutdown, this contract/order may be subject to a stop-work order. A stop-work order may be issued by writing by the Contracting Officer or Government Official. In accordance with FAR 42.13 – Suspension of Work, Stop-Work Orders, and Government Delay of Work is also made a part of this Acquisition. NOAA will not make payments to contractors for products or services not obligated before the funding lapse.

If a contract or order has been issued and funded and productive work is possible then Contractor may continue to operate under your Contract during Laps. However, depending on the duration of a funding lapse, the absence of available Federal employee oversight may lead an agency to reconsider whether the contract or grant activity should continue to be performed. Federal employees will not be available to make timely payments to the contractor or grantee in accordance with the contract.

Contractor may not however, work in the facility or provide services during government shutdowns or furloughs. Government will not reimburse for hours on days when the government is shut down

The contractor is not authorized to perform duties under this order on days when the facility / campus is closed, i.e., Government Furlough, inclement weather, power outages, legal and federal holidays, etc. These will be considered non-working (non-pay) days. In the event of Federal dismissal or facility closure during normal work hours, the contractor will be notified directly by the NOAA CO or Project Leader to depart from the facility / campus grounds.

52.212-1 Instructions to Offerors – Commercial Items 52.204-7 System for Award Management (Jul 2013) 52.212-3 Offeror Representations and Certifications—Commercial Items.

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“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.

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

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

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

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

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

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

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

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

(b)

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

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

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

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

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

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

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

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

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

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

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o 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 o is, o 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 o is, o 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 o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

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

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

(i) It o has developed and has on file, o 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 o 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) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

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

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

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

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

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

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

Other End Products:

(iii) The Government will evaluate offers in accordance with…