Attachment 02_PROVISION AND CLAUSES_84mm Ammo Pouch 20R1652.pdf

Attachment 02

M67854-20-R-1652

Provisions and Clauses

52.202-1 Definitions NOV 2013

52.203-6 Restrictions on Subcontractor Sales to the Government –

Alternate I

OCT 1995

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-7 System for Award Management OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

52.204-21 Basic Safeguarding of Contractor Information Systems JUN 2016

52.204-23 Prohibition on Contracting Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered

Entities

JUL 2018

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors – Commercial Items JAN 2017

52.212-4

Contract Terms and Conditions – Commercial Items JAN 2017

52.219-6 Notice of Total Small Business Set-Aside (Deviation 2020-

O0008)

MAR 2020

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.247-34 F.O.B. Destination NOV 1991

52.247-48 F.O.B. Destination – Evidence of Shipment FEB 1999

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7008 Compliance with Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

DEC 2019

252.205-7000 Provision of information to Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting with Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.215-7007 Notice of Intent to Resolicit JUN 2012

252.215-7008 Only One Offer JUL 2019

252.225-7001 Buy American and Balance of Payments Program – Basic DEC 2017

252.225-7002 Qualifying Country Sources as Subcontractors DEC 2017

252.225-7012 Preference for Certain Domestic Commodities DEC 2017

252.225-7021 Trade Agreements - Basic DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

52.252-2 Clauses Incorporated By Reference FEB 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause, electronically, is at the below listed site:

https://www.acquisition.gov/content/regulations

(End of clause)

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN

2017).

To be eligible for award, an Offeror’s proposal shall contain the following information, which the

Government will evaluate under FAR 52.212-2:

1. Price: Offerors shall submit a price proposal using the Proposal Submission Form (Attachment 03) for all Contract Line Item Numbers (CLIN). Prices are to be F.O.B. Destination to the locations in

Attachment 01.

2. Technical: Offerors shall provide a technical proposal identifying the proposed material solution that satisfies the requirements in the Statement of Work (SOW) and shall include the following per Table 1:

Weight

Production Capacity

Berry Amendment Self Certification

IR Requirements

PDM Samples

Small Business Self-Certification

The technical proposal shall not exceed five pages. The Government will remove and not evaluate as part of the proposal any pages exceeding the specified page limit. Evaluation teams will not receive for evaluation any aspect of a proposal the Government removes for having exceeded page limits, and therefore, may consider the excluded aspects as missing or non-existent in the proposal. All pages, whether blank or with text, count against the page limit and shall be in accordance with the below format:

https://www.acquisition.gov/content/regulations

Single-spaced typed lines;

One inch margins on all sides;

12 point font using Times New Roman

Include page numbers in the footers and the RFP number on each page in the header;

No outside hyperlinks or external materials.

Offerors shall also provide Source Selection Samples to outfit one Marine with one 84mm ammunition pouch.

Table 1: Technical Proposal Criteria

Criteria Requirement

Weight Without Sling 1.00 lbs (T), 0.75 lbs (O)

Weight With Sling 1.75lbs (T)

Production Capacity 500 pouches per month (min)

Berry Amendment Self

Certification

Offerors must submit the following signed self-certification in order for its offer to be in compliance. The certification must be from the Offeror and must not contain any alternative wording:

I, (sign name here), in submitting this offer under solicitation number M67854-20-R-1652, affirm that only products compliant with the Berry Amendment (10 USC 2533a) will be delivered to the

Government. To the extent required under (10 USC 2533a) and

DFARS 252.225-7012 all items delivered, either as end products or components, will be grown, reprocessed, reused, or produced in the

United States (as defined in DFARS 252.225-7012(b) included by reference herein). This certification covers all materials (including those of all components) and components supplied by subcontractors at any tier, and all labor (including that of all intervening processes), whether performed by the Offeror or any of its subcontractors at any tier.

IR Requirements Offerors must indicate the pouch materials meet the current Near Infrared requirements for both Coyote.

Source Selection

Samples

3 single pouches

Small Business Self

Certification

In accordance with 13 CFR 121.1009(g)(5), if the offeror has received an adverse size determination from SBA it cannot self-certify as a small business under the same or lower size standard unless it is first recertified as small by SBA. As such, the Offeror must indicate whether it has ever received an adverse size determination from SBA and if it has, the Offeror must provide a copy of the SBA recertification.

3. Past Performance: Offerors shall submit no more than three past performance citations within the previous three years, with at least one reference as a prime contractor, that are relevant to the efforts required by this solicitation using the Proposal Submission Form (Attachment 03). Where Offerors submit more than three past performance citations, the Government will only evaluate the three most recent citations. Finalized Contractor Performance Assessment Reports (CPARs) are acceptable as past performance citations.

At a minimum, past performance information shall include the following:

Contract number and item description

Dollar Value and delivery quantity

Delivery schedule

Statement regarding the ability to provide a quality product within the contracted price in accordance with the delivery schedule.

Government Point of Contact to include name, email and telephone

Offerors shall provide one original and three copies of the solicitation package as well as one electronic copy on CD.

Proposals shall not contain classified information.

Failing to adhere to these instructions may result in the Government removing the proposal from consideration in the source selection process. Offerors may submit only one proposal in response to this solicitation.

Submit proposal packages to the address below no later than 1:00PM Eastern Daylight Time on 6 July

2020:

Marine Corps Systems Command

2201A Willis Street

Quantico, VA 22134-5010

ATTN: Catherine Boxley, RFP: M67854-20-R-1652

TO BE DELIVERED UNOPENED-HOLD FOR PM IW

(End of Addendum)

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

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 Government will use the following factors to evaluate offers:

Evaluation Factors for Award

This acquisition uses best value tradeoff source selection procedures. The Government anticipates awarding one Firm Fixed Price (FFP) contract to an Offeror whose proposal (1) complies with the solicitation’s terms and conditions, (2) meets or exceeds the solicitation’s requirements, and (3) is the most advantageous to the Government based upon the Government’s assessment of the evaluation factors and sub factors.

Evaluation will be conducted in the following two phases:

Phase 1: Go/No Go Criteria

Phase 2: Tradeoff Evaluation

Phase 1 - Go/No Go Criteria.

All offerors must meet the “go/no go” entry criteria before the Government conducts any further evaluation of their proposals. The Government will remove from evaluation any proposal failing to meet any of the following go/no go criteria:

Criteria 1: Offerors providing three pouches will receive a “GO.” Offerors that do not provide the required source selection samples will receive a “NO GO,” and the proposal will receive no further evaluation.

Criteria 2: Offerors providing pouches that only hold one 84mm round as specified in the SOW and

Addendum 52.212-1, Paragraph 2 Technical, Table 1 will receive a “GO.” Offerors that do not provide pouches that only hold one 84mm round will receive a “NO GO,” and the proposal will receive no further

Criteria 3: Offerors providing pouches that are compatible with the current Pouch Attachment Ladder

System (PALS) for attachment to existing Marine Corps load bearing equipment as specified in the SOW and Addendum 52.212-1, Paragraph 2 Technical, Table 1 will receive a “GO.” Offerors that do not provide pouches that are compatible with the current Pouch Attachment Ladder System (PALS) for attachment to existing Marine Corps load bearing equipment will receive a “NO GO,” and the proposal will receive no further evaluation.

Criteria 4: Offerors providing pouches with the ability to access the round from both ends of the pouch as specified in the SOW and Addendum 52.212-1, Paragraph 2 Technical, Table 1 will receive a “GO.”

Offerors that do not provide pouches with the ability to access the round from both ends of the pouch will receive a “NO GO,” and the proposal will receive no further evaluation.

Criteria 5: Offerors providing pouches with a total single pouch (not including sling) weight less than

1.00 pounds as specified in the SOW and Addendum 52.212-1, Paragraph 2 Technical; Table 1 will receive a “GO.” Offerors that do not provide pouches with a total single pouch weight less than 1.00 pounds will receive a “NO GO,” and the proposal will receive no further evaluation.

Criteria 6: Offerors providing pouches with a total single pouch (including sling) weight less than 1.75 pounds as specified in the SOW and Addendum 52.212-1, Paragraph 2 Technical; Table 1 will receive a

“GO.” Offerors that do not provide pouches with a total single pouch weight less than 1.75 pounds will receive a “NO GO,” and the proposal will receive no further evaluation

Criteria 7: Offerors providing pouches with a fully padded ridge material extending from the bottom zipper to no less than 9 inches up the pouch interior on all sides to protect the rounds primer as specified in the SOW and Addendum 52.212-1, Paragraph 2 Technical, Table 1 will receive a “GO.”

Offerors that do not provide pouches with a fully padded interior will receive a “NO GO,” and the proposal will receive no further evaluation.

Criteria 8: Offerors providing pouches that allow effective water drainage as specified in the SOW and

Addendum 52.212-1, Paragraph 2 Technical, Table 1 will receive a “GO.” Offerors that do not provide pouches that allow effective water drainage will receive a “NO GO,” and the proposal will receive no further evaluation.

Criteria 9: Offerors with pouches available in Coyote 498 as specified in the SOW and Addendum

52.212-1, Paragraph 2 Technical, Table 1 will receive a “GO.” Offerors that do not have pouches available in Coyote 498 will receive a “NO GO,” and the proposal will receive no further evaluation.

Criteria 10: Offerors providing pouches comprised of materials that meet Near Infrared requirements for

Coyote 498 as specified in the SOW and Addendum 52.212-1, Paragraph 2 Technical, Table 1 will receive a “GO.” Offerors that do not provide pouches comprised of materials that meet Near Infrared requirements for Coyote 498 will receive a “NO GO,” and the proposal will receive no further evaluation.

Criteria 11: Offerors providing pouches with the ends of all stitching on the pouch shall be backstitched or overstitched as specified in the SOW and Addendum 52.212-1, Paragraph 2 Technical, Table 1 will receive a “GO.” Offerors that do not provide pouches with the ends of all stitching on the pouch shall be backstitched or overstitched will receive a “NO GO,” and the proposal will receive no further evaluation.

Criteria 12: Offerors providing pouches with consistent seaming and a uniform appearance as specified in the SOW and Addendum 52.212-1, Paragraph 2 Technical, Table 1 will receive a “GO.” Offerors that do not provide pouches with consistent seaming and a uniform appearance will receive a “NO GO,” and the

Criteria 13: Offerors providing pouches free of all loose thread, lint, foreign matter, irregularities, or defects that could adversely affect performance or durability and uniform in quality as specified in the

SOW and Addendum 52.212-1, Paragraph 2 Technical, Table 1 will receive a “GO.” Offerors that do not provide pouches free of all loose thread, lint, foreign matter, irregularities, or defects that could adversely affect performance or durability and uniform in quality will receive a “NO GO,” and the proposal will receive no further evaluation.

Criteria 14: Offerors must meet the minimum production capacity and delivery schedule requirement as specified in the SOW and Addendum 52.212-1, Paragraph 2 Technical, Table 1. Offerors that meet the required production capacity requirement will receive a “GO.” Offerors that do not meet the required production capacity requirement will receive a “NO GO,” and the proposal will receive no further

Criteria 15: Offerors must submit a signed self-certification certifying Berry Amendment Compliance in accordance with Addendum 52.212-1, Paragraph 2 Technical, Table 1. Offerors that provide the signed self-certification will receive a “GO.” Offerors that do not provide the signed self-certification will receive a “NO GO,” and the proposal will receive no further evaluation.

Criteria 16: Offerors providing pouches with an adjustable and detachable Sling/Shoulder Strap to allow for shoulder carriage of the pouch loaded with a MAAWS 84mm round as specified in the SOW and

Addendum 52.212-1, Paragraph 2 Technical, Table 1 will receive a “GO.” Offerors that do not provide pouches with an adjustable and detachable Sling/Shoulder Strap will receive a “NO GO,” and the

Proposals receiving a “Go” in all the criteria will move on to the next phase of the evaluation.

Phase 2 – Tradeoff Evaluation

When making the best value determination, the Government will evaluate offers using the factors and element identified in Table 3 below.

Table 3: Evaluation Factors

Factor 1 Technical Performance

- Element 1 The pouch shall be compatible with the current Pouch Attachment Ladder System

(PALS) and Marine Load Carriage Systems

- Element 2 The pouch shall be accessible and provide a secured fit for the 84mm round

- Element 3 User Preference

- Element 4 The pouch shall be water resistant

Factor 2 Past Performance

Factor 3 Price

Elements under Factor 1 are of equal importance. Factors 1, 2 and 3 are listed in descending order of importance. The importance of price as a factor in the final award determination will increase with the degree of equality in the non-price factors of the proposal. The Government evaluates Past Performance as either “acceptable” or “unacceptable.”

The Government intends to evaluate proposals and award on an “initial offer” without discussions during

Phase 2. If discussions are necessary, the Government will establish a competitive range and notify all

Offerors of their inclusion or exclusion. The Government will hold discussions with Offerors in the competitive range that are the most highly rated. Offerors eliminated from the competitive range will be notified in writing in accordance with FAR 15.503.

The Government will use the following ratings in the evaluation of Factor 1 as outlined in Table 4 and assess deficiencies, strengths, weaknesses, and significant weaknesses for each Element under Factor 1.

The Government will evaluate, but not rate each Element.

Table 4: Combined Technical/Risk Rating Method

Color

Rating

Adjectival

Rating

Description

Blue Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable Proposal indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is non-awardable.

DEFINITIONS:

1. The Government defines “Deficiency” as a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

2. The Government defines “Strength” as any aspect of a proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

3. The Government defines “Weakness” as a flaw in the proposal that increases the risk of unsuccessful contract performance.

4. The Government defines “Significant Weakness” as a flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Factor 1: Technical Performance

This factor consists of four elements, which are:

Element 1: The Pouch shall be compatible with the current Pouch Attachment Ladder System (PALS) for attachment to existing Marine Load Carriage Systems.

Element 2: Accessibility and Round Security

The Government will evaluate all proposed solutions for accessibility and round security of the 84mm rounds. Table 5 outlines the criteria.

Element 3: User Preference

The Source Selection Samples will be evaluated using the evaluation criteria in Table 5.

Table 5 Evaluation Criteria

Requirement Evaluation Criteria

18” Round Compatibility

30” Round Compatibility

Must be able to access and remove a single 84mm round from the pouch without the use of excessive force in under 30 seconds (T)/ 15 Seconds

(O)

The pouch shall retain and keep the round secure during normal combat operations

The pouch shall provide the ability to mount the pouch horizontally and vertically to current load bearing equipment (T)

Element 4: Water Resistance

The Government will evaluate for water resistance using the Certificate of Compliance provided by each vendor.

Factor 2: Past Performance

The Government will evaluate three recent past performance submissions, with at least one reference as a prime contractor, to determine if the past performance is recent. The definition of recent for this determination is the performance must occur within 36 months of the proposal submission \deadline.

The Government will then evaluate recent past performance submissions for relevancy based on the

Offeror’s experience. Relevant is defined as work similar in scope and magnitude to the work described in this solicitation. The Government will not take into account past performance information regarding predecessor companies. The Government may use and evaluate independent past performance data, such as the Contract Performance Assessment Reporting System (CPARS) and any other recent and relevant data the Offeror provides.

It is incumbent upon the Offeror to explain the relevance of the data it provides. The Government has no duty to search for data to cure the problems it finds in the information provided by the Offeror. The

Offeror has the burden of providing thorough and complete past performance information.

The government will evaluate recent, relevant past performance submissions to determine how well the

Offeror performed on those contracts. The Government will establish an overall rating for the Offeror’s past performance in accordance with the ratings and descriptions outlined in Table 4:

Table 4: Past Performance Ratings

ADJECTIVAL RATING DESCRIPTION

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.**

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort

** In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past (see FAR

15.305(a) (2) (iv)). Therefore, the Offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability or unacceptability, a neutral rating shall be considered acceptable.

Factor 3: Price

The Government will evaluate each Offeror’s price for completeness and reasonableness with the offeror’s technical approach to ensure it reflects a clear understanding of the solicitation requirements.

The Government will calculate price by totaling all CLINs (a quantity of one (1) each per CLIN multiplied by unit price).

In its evaluation, the Government may use published data, same or similar DOD contracts, government estimates, industry standards, Defense Contract Audit Agency (DCAA) audit information, or other appropriate information to determine reasonableness.

All price information shall be in U.S. dollars. Prices are to be Freight On-Board (FOB) Destination.

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), regardless whether there are negotiations after its receipt, unless the government receives a written notice of withdrawal before award.

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

ITEMS (JAN 2017)

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 located at 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 (u) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities, and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

http://www.sam.gov/portal

(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 a product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government.

If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

“Small business concern” means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

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

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

States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR

124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1) (i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with

13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph

(b) (2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the

SAM website accessed through https://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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] https://www.acquisition.gov/

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

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c) (1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c) (1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

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

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

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

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each

WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB

Program and other small businesses that are participating in the joint venture:

_________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)

(6) of this provision.] The offeror represents that—

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

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each

EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c) (1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13

CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.

[The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

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

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the

Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the

Secretary of Labor (41 CFR parts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying

Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of

Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-

1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United

States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

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:

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

Other Foreign End Products:

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If

Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g) (1) (ii) for paragraph (g) (1) (ii) of the basic provision:

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

Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If

Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g) (1) (ii) for paragraph (g) (1) (ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If

Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g) (1) (ii) for paragraph (g) (1) (ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade

Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade

Agreements—Israeli Trade Act”:

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade

Agreements, is included in this solicitation.)

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

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

Other End Products

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

U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a

Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C.

§6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax…