Attachment 3 - Instructions Evaluations.pdf

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Attachment 3

NASA Employee International Medical Support Instructions & Evaluations

Part 1: Instructions to Offerors

Offerors shall provide the information required by FAR 52.212-1, Instructions to Offerors- Commercial Items (JUN 2020), which is incorporated by reference.

Addendum to FAR 52.212-1:

Preparation of Quote I. General quote submission conditions:

A. Quotes are due Friday, April 30, 2021, no later than 12:00pm Eastern Daylight Time, via email to jennifer.d.forhy@nasa.gov

B. Questions are due Friday, April 16, 2021, no later than 12:00pm Eastern Daylight Time, via email to jennifer.d.forhy@nasa.gov, for review and response, which will be provided to all potential offerors.

C. A page is defined as one side of a sheet, 8 ½” x 11”, with at least one inch margins on all sides, using no smaller than 12 point Times New Roman font. Foldouts count as an equivalent number of 8 ½” x 11” pages. Title pages and tables of contents are excluded from the page counts specified in the factors below. Pages submitted in excess of the limitations specified will not be evaluated by the Government and will be returned to the offeror.

II. The quote shall consist of three parts:

A. Price Submission – The price submission must include the following:

1. Solicitation number, company name, address, CAGE code, point of contact, and business size, FOB destination to this Center, proposed delivery schedule, discount/payment terms, taxpayer identification number (TIN), identification of any special commercial terms, and be signed by an authorized company representative.

2. A copy of the completed Provisions located in Part 3 of this document.

3. A copy of the completed Pricing Template located at Attachment 4. The price submission shall include the price per year and total price for all periods (base period plus four option periods) for CLIN 001. Historically, NASA has paid on average less than $15,000 per year for services similar to those included in CLIN 001.

B. Technical Acceptability – The technical acceptability submission must address each of the following subfactors (page limits specified if applicable):

1. Narrative (20 page limit). Describe the offeror’s medical travel assistance service capabilities as well as medical emergency and other relief services processes and procedures for approaches that will be used to provide land transport and/or air ambulance rescue services per the requirements of the Statement of Work (SOW) (Attachment 2). The information provided should be in sufficient detail to provide NASA technical and medical experts with evidence that the offeror has the necessary experience and qualifications to perform NASA's requirements described in the SOW. The offeror shall explain its experience with medical extractions for potential life or death circumstances within the past five (5) years from the solicitation release date. To aid in quote preparation, recent NASA Activities and Support information can be found in Attachment 7.

2. Certifications (no page limitations). NASA requires Part 135, or International Civil Aviation Organization (ICAO) equivalent, certification. In order to confirm compliance with certification requirements, copies of the certificates are to be provided with the quote.

3. Aircraft/Pilot Operations Management (3 page limit). In order to ascertain offeror’s understanding and compliance with NASA Procedural Directive (NPD) 7900.4, NASA Aircraft Operations Management and NASA Procedural Requirements (NPR) 7900.3, Aircraft Operations Management (links to these documents are provided in Attachment 8), offerors must provide the information requested in Attachment 5 entitled Aircraft/Pilot Operations Management. This information is required for all aircraft and personnel intended to support this purchase order, whether owned, leased, or subcontracted.

4. Scenarios (50 pages total). For each scenario in Attachment 6, complete the provided tables at Attachment 6a. If any additional explanations are necessary to convey approaches for addressing the scenarios, narratives may be included. The scenario submission shall not include any information other than what is necessary to respond to the scenarios. The scenario submission as a whole, to include the completed tables at Attachment 6a and any accompanying narratives, shall not exceed 50 pages.

5. Recent Inspection Reports (if applicable) (no page limitations). If the offeror and their proposed subcontractors have previously been inspected by either NASA, the Department of Defense (DOD), Department of Interior (DOI), or Department of Energy (DOE) within the last three (3) years, a copy of the completed inspection report must be included with the technical submission. Offerors who have not been previously inspected by either NASA, DOD, DOI, or DOE are not precluded from submitting a quote.

C. Relevant Past Performance (10 pages total, Reportable Incidents excluded from page count) – The past performance submission must include the following elements:

1. Past International Travel Support/ Referral Services. Descriptive information for two (2) past contracts within the last five (5) years from the solicitation release date.

For each submission, identify the contract number, offeror’s customer, customer’s POC information (POC name, phone and email), performance period, dollar amount, and general description of services provided that are related to the SOW requirements.

2. Past Medical Extractions. Descriptive information for two (2) past extractions within the last five (5) years from the solicitation release date. Extractions must have been medical in nature with a point of origin in a non-western country. Extractions should be similar in size, scope, and complexity to the requirements in the SOW and scenarios. If offerors have completed any extractions similar to the below examples, they should be included in the offeror’s response. One extraction can utilize more than one of the examples listed below:

- Basic care example

- Advanced care example

- Transport from non-western country back to the United States

- Extraction wherein a family member had to accompany the patient

- Extraction utilizing a fixed wing aircraft

For each extraction, identify the contract number (if applicable) offeror’s customer, customer’s POC information (POC name, phone and email), performance period, dollar amount, general description of medical issue, starting location and destination, type of aircraft used, personnel on board, and primary equipment used.

3. Reportable Incidents (no page limitation). A listing of any National Transportation Safety Board (NTSB), or equivalent, reportable incidents within the last five (5) years from the solicitation release date. Reportable incidents for both the prime and subcontractors are to be included. For any reportable incidents, describe steps taken to ensure the incident is not repeated in the future.

Part 2: Evaluation FAR 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 following factors shall be used to evaluate offers: Price, Technical Acceptability, and Relevant Past Performance.

Addendum to FAR 52.212-2:

Evaluation and Selection

I. The evaluation for this acquisition will be conducted using the lowest-price-technically-acceptable (LPTA) evaluation process. The Government reserves the right to make award without discussions. Only one award will be made as a result of this solicitation. Award will be made to the offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), who conforms to the solicitation requirements, and whose quote, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, meets the technically acceptable standard for the non-price factors and provides the lowest evaluated price.

II. The offeror will be evaluated in accordance with the procedures identified below. The Government reserves the right to undertake exchanges with the quoter being evaluated.

Please note that in addition to the information contained in the quote, other sources including, but not limited to, information obtained from other Government organizations may be used.

The selection process will be supported by appropriate Government individuals conducting the evaluation.

III. Offerors will be checked against the List of Parties Excluded from Federal Procurement and Non-procurement Programs. Offerors who appear on the List will be eliminated without further consideration.

IV. Evaluation factors will represent key areas of importance and will support meaningful comparison and discrimination between and among competing quotes. The LPTA evaluation factors will consist of: (1) Price, (2) Technical Acceptability and (3) Relevant Past Performance.

A. Price – Per FAR 52.212-2(b), the Government will evaluate offers for award purposes by adding the total price for CLIN 001 for all periods. Evaluation of options will not obligate the Government to exercise the option(s).

B. Technical Acceptability – The Government will evaluate technical acceptability on an Acceptable/Unacceptable basis based on the subfactors of narrative, certifications, aircraft/pilot operations management, four (4) scenarios, and previous inspections.

“Acceptable” means the quote clearly meets the minimum requirements of the solicitation. “Unacceptable” means the quote does not clearly meet the minimum requirements of the solicitation. An “Unacceptable” rating in any technical subfactor will result in an overall technical quote rating of “Unacceptable”, which makes the quote ineligible for award.

1. The Government will evaluate the offeror’s narrative detailing the firm’s relevant experience in the areas called out in the SOW, Attachment 2. Offerors whose response to the technical acceptability portion consists solely of a brochure or portfolio of services used for marketing purposes will immediately be eliminated from consideration. This evaluation will be on an Acceptable/Unacceptable basis.

2. The Government will review the offeror’s current certifications. Part 135 and ICAO equivalent certifications will result in an Acceptable rating. Offeror’s that do not provide evidence of Part 135 or equivalent certification will be rated Unacceptable and will be eliminated without further consideration. NASA does not contract with vendors who are not Part 135, or ICAO equivalent, certified. Quotes from aircraft brokers must state that all aircraft providers will be Part 135 or ICAO equivalent.

Submissions without this statement will be determined non-responsive and will be eliminated without further consideration.

3. The Government will evaluate the offeror’s responses to the Aircraft/Pilot Operations Management questions in Attachment 5. This evaluation will be on an Acceptable/Unacceptable basis using the requirements in NPD 7900.4, NASA Aircraft Operations Management, NPR 7900.3, Aircraft Operations Management, and the SOW, Attachment 2.

Before award is made, the offeror’s operations, safety protocols, and compliance with applicable regulations shall be reviewed by the applicable NASA Center Flight Operations Office (CFOO). An unacceptable review by the CFOO may result in an offeror’s quote being eliminated for consideration.

4. The Government will evaluate the offeror’s responses to the four (4) Scenarios included in Attachment 6. This evaluation will be on an Acceptable/Unacceptable basis using the CAMTS patient care medical escort standards. The expected minimums are reflected in the SOW, Attachment 2, Section VI.3.i.

5. Recent Inspection Reports. The presence or absence of recent inspection reports does not affect technical acceptability. Offerors who do not have recent inspection reports must undergo an inspection prior to final award. See paragraph IX below.

C. Relevant Past Performance

1. The Government will evaluate past performance on an Acceptable/Unacceptable basis. “Acceptable” means 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” means based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of recent and 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 performance.

Therefore, the offeror will be determined to have “neutral” past performance. In that context of Acceptable/Unacceptable, “neutral” will be considered “Acceptable”.

2. The Government will evaluate on an Acceptable/Unacceptable basis whether the offeror has satisfactorily performed recent and relevant international travel support/ referral services. Recent travel support/referral services are those performed within the last five (5) years from the date of RFP release. Relevant travel support/referral services are those similar in size, scope and complexity to the requirements in the SOW and scenarios.

3. The Government will evaluate on an Acceptable/Unacceptable basis, utilizing the CAMTS and Part 135, or ICAO equivalent, standards as the foundation of the assessment, whether the offeror has satisfactorily performed recent and relevant medical extractions. Recent medical extractions are those performed within the last five (5) years from the date of RFP release. Relevant medical extractions are those similar in size, scope and complexity to the requirements in the SOW and scenarios.

4. If applicable, the Government will review the listing of NTSB, or equivalent, reportable incidents in order to see how the offeror adjusted their processes and procedures to avoid future similar incidents. The adjustments will be taken into consideration in the determination of acceptable or unacceptable past performance rating.

5. In addition to the information contained in the quote, other sources including, but not limited to, information obtained from other Government sources may be used and taken into consideration in the determination of acceptable or unacceptable past performance rating.

V. The Government reserves the right to award this requirement without further exchanges after receipt of quotes. Therefore, offerors are strongly encouraged to submit their best technical solutions and price in response to this RFQ.

VI. The Government intends to evaluate the lowest priced quote, and if it is determined to be technically acceptable, then make award to that offeror, upon satisfactory completion of the inspection (if required). If the lowest priced quote is determined not technically acceptable, the Government will evaluate the second lowest priced quote.

VII. Equally priced quotes A. In the event the Government receives two or more equally priced quotations, the following order of priority will be used for determining the order of evaluation:

1. Small business concerns that are also labor surplus area concerns

2. Other small business concerns

3. Other business concerns

B. If two or more quotes still remain equal after application of paragraph A of this section, the order of evaluation will be determined by a drawing limited to those quotes. The drawing will be witnessed by at least three persons.

VIII. In the event that the Government is unable to make a technical acceptability/unacceptability determination for the lowest priced quote, the Government reserves the right to hold exchanges only with the lowest priced offeror prior to evaluating the second lowest priced quote.

IX. If after exchanges conclude and the lowest priced quote is still lowest price and determined technically acceptable, award will be made to that offeror, upon satisfactory completion of the inspection. If after exchanges conclude and the lowest priced quote is determined not technically acceptable, the Government will evaluate the second lowest priced quote for technical acceptability. If after exchanges conclude and the first lowest priced quote is no longer the lowest priced quote (e.g. a change in price as a result of exchanges), the Government will evaluate the second lowest price quote for technical acceptability. This process will continue until the lowest priced technically acceptable quote is identified.

X. After the lowest priced technically acceptable quote has been identified, and before final award is made, the Government must complete an inspection of the proposed awardee, and their subcontractors, in accordance with NPR 7900.3 Chapter 10. The results of the inspection must be acceptable in order to make award.

A. If the quote indicates a satisfactory inspection has previously been completed on the offeror and/or its subcontractor(s) and a copy of the inspection report is included in the quote, the Government will review the report and determine if an inspection is required.

B. If the quote indicates an inspection has not been previously completed on the offeror and/or all proposed subcontractors, or were inspected but the results were not acceptable, an inspection will be required.

C. If an inspection is required, the Government will contact the proposed awardee to arrange for the inspection and the contractor must be able to accommodate the inspection team within a two (2) week period. During this period the Government will be requiring documentation to be sent to the Government for review. If the results of the initial inspection are not acceptable, the Government has the right to allow the offeror another chance for a follow-up inspection or the Government may move on to evaluate the next lowest priced quote. If an the results of the follow-up inspection are not acceptable, the offeror’s inspection will be considered “unacceptable” which means award cannot be made to that offeror and the Government will move on to evaluating the next lowest price quote.

XI. When the Contracting Officer determines exchanges on matters unrelated to technical acceptability (e.g. industry terms and conditions such as pricing omissions, discrepancies or other irregularities preventing the Government from determining a offeror’s total evaluated price) to be necessary, the Government reserves the right to conduct exchanges to resolve these matters.

Part 3: Applicable Provisions

The provisions in this combined synopsis/solicitation are those in effect through FAC 2021-05.

The following provisions are incorporated; full text of the clauses and provisions may be accessed electronically at:

FAR - https://www.acquisition.gov/browse/index/far NFS - https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

FAR Provisions Incorporated by Reference FAR 52.204-7 System for Award Management. (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020) FAR 52.212-1 Instructions to Offerors-Commercial Items. (JUN 2020).

Addendum located in Part 1 of this document.

FAR 52.212-2 Evaluation -- Commercial Items. (OCT 2014).

Addendum located in Part 2 of this document.

FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan. (OCT 2020) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (JUN 2020)

NFS Provisions in Full Text

1852.239-73 Review of the Offeror’s Information Technology Systems Supply Chain

(DEVIATION 15-03D)

(a) Definitions, as used in this provision.

“Acquire” means to procure with appropriated funds by and for the use of NASA through purchase or lease.

“Covered foreign country” means the People’s Republic of China.

“Covered telecommunications equipment or services” means-

• Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

• For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

• Telecommunications or video surveillance services provided by such entities or using such equipment; or

• Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Information Technology (IT) System” is defined as any equipment or system that is used in the acquisition, storage, retrieval, manipulation and/or transmission of data or information. This includes computers, ancillary and peripheral equipment, software and firmware.

(b) The NASA Headquarters (HQ) Office of the Chief Information Officer (OCIO), Office of Cyber Security Services (OCSS) will review the supply chain risk of cyber-espionage or sabotage before the Agency acquires any high-impact or moderate-impact IT system or covered telecommunications equipment or services. The NASA HQ OCSS will use the security categorization in the National Institute of Standards and Technology’s (NIST) Federal Information Processing Standard Publication 199, ‘‘Standards for Security Categorization of Federal Information and Information Systems’’ to determine whether an IT system is high impact or moderate-impact. The NASA HQ OCIO OCSS will use the definition of covered telecommunications equipment or services to determine if a telecommunications or video surveillance equipment or service meets that definition.

(c) The apparent successful offeror shall provide the following information for all IT systems or component thereof, or covered telecommunications equipment or services offered:

(1) A brief description of the item(s) or service(s).

(2) Vendor/manufacturer’s company name and address.

(3) If known, vendor/manufacturer’s web site, and the Commercial and Government

Entity (CAGE) code.

(d) The Contracting Officer (CO) will provide the information referenced in paragraph

(c) of this section and the affirmative representation made by the Offeror in accordance with FAR 52.204-24 (if applicable) to the NASA HQ OCSS. NASA shall reject any IT system, or component thereof, or covered telecommunications equipment or service that the HQ OCSS deems to be a high-impact or moderate-impact or covered telecommunications equipment or service, unless it is determined that the acquisition is in the national interest of the United States. The NASA HQ OCSS reserves the right to make this decision, without any detailed explanation to the Offeror. The CO will advise the Offeror if any of its proposed IT systems or covered telecommunications equipment or service are not approved and may provide the Offeror an opportunity to revise its proposal accordingly.

(End of provision)

FAR Provisions in Full Text to be Completed by Offeror

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)

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

(a) Definitions. As used in this provision—

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

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

(i)For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

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

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

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-3 Offeror Representations and Certifications Commercial Items (FEB 2021), Alternate I (OCT 2014)

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

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

Manufactured end product means any end product in product and service codes (PSCs)

1000-9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

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

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

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

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

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

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

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

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

$750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each

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

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

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

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

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

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

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

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

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

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

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of

13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

Black American.

Hispanic American.

Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance. The offeror represents that-

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352).