B08 W50S7F23Q0009 OHWS Solicitation.pdf

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

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-02. This combined synopsis/solicitation is set-aside 100% for Small Business. North American Industrial Classification Standard (NAICS) 621340 applies to this solicitation;

business size standard is $12.5M dollars. The Contracting Officer reserves the right to award under a different NAICS if the company would qualify as a small business under the solicited NAICS.

The Minnesota Air National Guard intends to issue a Firm-Fixed Price contract for non-personal physical health services in support of the local Optimizing Human Weapon System (OHWS) Program for the 148th Fighter Wing, Duluth, MN. This requirement will support approximately 40 individuals. See attached Performance Work Statement (PWS).

Background: Up to 85% fighter aircrew surveyed reported some type of spine discomfort during their career. According to a study performed by the United States Air Force (USAF) school of Aerospace Medicine, neck pain is a significant factor impacting fighter pilot performance and quality of life, and rates of injury have increased over the years. The OHWS initiative is designed to improve quality of life and readiness by decreasing injury rates, most notably for the high rate of spine injuries incurred by fighter pilots. OHWS is designed to meet the unique physical needs of fighter pilots. Fitness and conditioning is accomplished through a comprehensive, coordinated, multidisciplinary physical training program focused on the movement and strengthening of the spinal musculoskeletal system. The purpose of providing the services of an OHWS specialist to our rated pilots is to reduce frequency and severity of injuries and time lost from service, improve long term quality of life, optimize human performance/readiness, avoid injury prior to occurrence, increase pilot production, and support pilot retention.

Program Intent: The intent of the program is to best facilitate a pre-habilitative program for all eligible members of the 148FW, maintaining flexibility for individual schedules. Vendors/Contractors are encouraged to use innovation, incorporate best commercial practices, propose their own visions, offer their own payment and line item structure, and not feel constrained by any limitation in this solicitation.

The overall intent of this program is of primary importance: building a workable plan to provide on-location, ad hoc, pre-habilitative services to a mixture of full- and part-time members.

Period of Performance (PoP): The PoP shall be a one (1) base period of 12 months and four (4) potential 12 month option periods.

A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212-3(b) for the following categories:

(A) Small business;

(B) Service-disabled veteran-owned small business;

(C) Women-owned small business (WOSB) under the WOSB Program;

(D) Economically disadvantaged women-owned small business under the WOSB Program; or

(E) Historically underutilized business zone small business.

Preparing and Submitting your Quote:

Vendors/Contractors are encouraged to provide a detailed plan, which outlines the vendor’s/Contractor’s capabilities that are being offered. Include sample schedules and sample agendas for appointments. Include information about credentials, facilities, hours of availability, flexibility in scheduling, training equipment availability, and any other feature which would give a competitive edge.

Vendors/Contractors must provide a plan on how they intend to utilize available primary office space (18’ x 18’, stocked with vendor owned equipment) with an option plan on how they intend to utilize available secondary office space (8’ x 18’, stocked with vendor owned equipment) and which overflow equipment they wish for the Government to stock in the common-access workout room (Government-owned equipment). The Government will treat the option to include secondary space as a second quote.

Sample Contract Line Item Number (CLIN) structure:

CLIN0001: Initial program year in accordance with attached PWS, price per month, 12 months

CLIN0002: Temporary Duty Travel Costs, in accordance with PWS para 1.4.12 Contractor Travel and Joint Travel Regulations

CLIN0003 (option): Equipment to be purchased on Contract for Government ownership (for use in common-access workout room).

[This line item is optional; however, list any equipment you foresee using that is not projected for use in primary provided space].

CLIN1001 (Option Period 1): Continuation year in accordance with attached PWS, price per month, 12 months

CLIN1002 (Option Period 1): Temporary Duty Travel Costs, in accordance with PWS para 1.4.12 Contractor Travel and Joint Travel Regulations

CLIN2001 (Option Period 2): Continuation year in accordance with attached PWS, price per month, 12 months

CLIN2002 (Option Period 2): Temporary Duty Travel Costs, in accordance with PWS para 1.4.12 Contractor Travel and Joint Travel Regulations

CLIN3001 (Option Period 3): Continuation year in accordance with attached PWS, price per month, 12 months

CLIN3002 (Option Period 3): Temporary Duty Travel Costs, in accordance with PWS para 1.4.12 Contractor Travel and Joint Travel Regulations

CLIN4001 (Option Period 4): Continuation year in accordance with attached PWS, price per month, 12 months

CLIN4002 (Option Period 4): Temporary Duty Travel Costs, in accordance with PWS para 1.4.12 Contractor Travel and Joint Travel Regulations

Response is encouraged to include Past Performance information: other military, commercial, and civilian companies with whom you have done business.

All questions and quotes must be directed to 148 Contracting Officer via email at rebecca.dimler@us.af.mil. Questions asked within 1 week of solicitation close will be answered at the discretion of the Contracting Officer. Please make quotes good for 30 days, if possible. Emailed quotes are preferred. Late quotes may be rejected at the Contracting Officer’s discretion.

Place the solicitation number in the subject line of any email.

Evaluation:

Pricing: Break out each severable line item with an individual price. The Government will evaluate inclusive of options (excluding CLIN0002) and after evaluations are complete, the Government will make a separate evaluation on CLIN0002 to determine price reasonability and if it is in the best interest of the Government to award that option.

The Government plans to award a contract resulting from this solicitation to the offer conforming to the solicitation which will be most advantageous to the Government. Quotes will be evaluated using price, technical, and past performance. Technical evaluation will consist of rating quotes by how well they conform to the intent of this solicitation. Vendors/Contractors with great flexibility, capability, and ease of use will be rated higher. Commercial customer reviews will be consulted to verify the quality of what is being quoted. Technical evaluation will focus on full-time, on-location, physical therapy and massage therapy. Additional capacity to service Strength Conditioning and Athletic Training will be secondary concerns.

All solicitation specifications are not absolute and the 148FW will consider innovative solutions to this requirement. Quotes may be comparatively evaluated in compliance with FAR 13.106-2 (b) (3). It is anticipated that the Government will be open to discussions to refine quotes with the highest rated vendors/contractors. If minor modifications need to be made to the highest rated quote, the Government does not plan on re-soliciting.

Vendors are encouraged to submit multiple quotes or options for program implementation. Each quote or option will be evaluated as a separate quote.

GOVERNMENT INTENDS TO ISSUE ONE (1) CONTRACT BUT RESERVES THE RIGHT TO CONSIDER PARTIAL OR MULTIPLE AWARDS. If not already registered in SAM, go to WWW.SAM.GOV to register prior to submitting quote. Your company must have an Active status in SAM.gov within 2 weeks of notification of potential award. Vendors/Contractors should begin the SAM.gov registration process immediately.

Electronic Documents: All electronic documents must NOT be “secured”, “locked”, or otherwise inaccessible. Submitter risks rejection if documents prove inhospitable to viewing and evaluation. Utilize standard Microsoft or Adobe formats, and net file size of all documents should be less than 10MB.

Site Visit:

Ad hoc Site Visit dates will be entertained based on the availability and competition needs.

For access to base please fill out attached form (148FW 66). Submit one form per attendee to the Contracting Officer, electronically.

Provision by reference: FAR 52.237-1 Site Visit (APR 1984)

The selected Offeror must comply with the following Clauses, which are incorporated herein by reference:

Provisions 52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-17 Ownership or Control of Offeror (AUG 2020) 52.204-20 Predecessor of Offeror (AUG 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) 52.217-5 Evaluation of Options (JUL 1990) 52.219-1 Small Business Program Representations (DEVATION 2023-O0002) (DEC 2022) 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (JAN 2020) 52.237-1 Site Visit (Apr 1984) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022) 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls (OCT 2016) 252.215-7007 Notice of Intent to Resolicit (JUN 2012) 252.215-7008 Only One Offer (DEC 2022) 252.225-7031 Secondary Arab Boycott of Israel (JUN 2005) 252.225-7055 Representation Regarding Business Operations with the Maduro Regime (MAY 2022) 252.239-7009 Representation of Use of Cloud Computing (SEP 2015) 252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation (DEVATION 2021-O0003)

(APR 2021)

Provisions By Full Text

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

(a) Definition. As used in this provision-

Internal confidentiality agreement or statement, subcontract, and subcontractor , are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples.

(i) 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 appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. 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 appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

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

Technical Capability Past Performance Price

The offeror must submit detailed information for each evaluation factor. The information withing the quote must demonstrate that the offered services meet or exceed the minimum specifications found in the solicitation’s Performance Work Statement (PWS). MN ANG will evaluate the offers on the base of information furnished by the offeror in response to the solicitation.

Factor One – Technical Capability

The evaluation process shall consider the following:

(i) Key Personnel – Resumes of the key personnel, such as the Lead Physical Therapist or Athletic Trainer shall be provided. The resumes should detail each key personnel’s experience performing similar functions as required by the PWS both with the company and outside of the company. The resumes should state the number of years of experience working with military pilots or elite collegiate, professional athletes, or Special Forces personnel, and with programs similar to optimizing the human weapons systems program or those specifically designed to deal with neck and back issues similar to those experienced by fighter aircrew.

(ii) Project Management and Staffing and Startup Operations Plan – The offeror shall provide a written description of how work is to be performed to include the type(s) of discipline(s) to be employed, the minimum credentials and experience each employee must possess, and the offeror’s ability to effectively manage the contract and the contractor employee(s). The offeror shall include a description of any special technical training that will be provided to new or existing employees to ensure they are adequately prepared to provide services under the contract. The staffing and startup operations plan shall detail what services are to be provided by the prime contractor and any subcontractors. The plan shall provide a proposed schedule for startup operations and describe how planned and unplanned time off request for Contractor Employees will be processed. The plan shall also explain whether the Contractor intends to provide a replacement Contractor Employee during time off requests. The Contractor shall include a daily dollar amount to be subtracted from monthly invoices for unstaffed days not reflected in the Contractor’s pricing for each period of performance. The quote shall be evaluated to determine the extent to which the proposed approach is workable and the end results achievable. The quote shall be evaluated to determine the level of confidence provided the Government with respect to the offeror’s methods and approach in successfully meeting and/or exceeding the requirements in a timely manner. Staffing Plans that provide for a minimum of 50 weeks of coverage will be looked at more favorably than those that do not.

(iii) Project Equipment and Supplies Plan – The quote shall provide a detailed description of the equipment and supplies provided by the Contractor needed to perform all services as described in the PWS. The plan shall also demonstrate the capability to provide strength and conditioning for the neck and back equivalent to the capabilities of the MedX neck and lower back machines.

(iv) Understanding of Required Work and Reporting Requirements – The offeror shall provide in their quote sufficient information to demonstrate their clear understanding of all requirements involved in providing the optimizing the human weapons system services as well as the reports that must be supplied to the Government (see Technical Exhibit 2 in the PWS). Quotes will be evaluated to determine the extent to which the offeror demonstrates their clear understanding of these requirements.

Factor 2 – Past Performance

The past performance evaluation will assess the relative risks associated with an offeror’s likelihood of success in fulfilling the solicitation’s requirements as indicated by the offeror’s record of past performance. In this context, “offeror” refers to the prime contractor. The Government will conduct a performance risk assessment based on the relevancy and recentness of the offeror’s past performance as it relates to the probability of successful accomplishment of the required services. Present and past performance shall be evaluated as a measure of the Government’s confidence in the offeror’s ability to successfully perform based on previous and current contract efforts. Past performance will be determined to be relevant if the performance involves work that is the same or similar in nature, size, and complexity to the services being procured under the instant solicitation, and recent if performed withing the past five (5) years.

Offerors are cautioned that the Government will review any and all of a combination of past performance information submitted by offeror as required per the solicitation and past performance data available in the Federal Awardee Performance and Integrity Information System (FAPIIS) at https://piee.eb.mil.

The Government reserves the right to obtain past performance information from any available source besides those specified and may contact customers other than those identified by the offeror when evaluating past performance. Since the Government may not necessarily interview all of the sources provided by the offeror, it is incumbent up on the offeror to explain the relevance of the data provided.

Offerors are reminded that the burden of proving low performance risk rests upon the offeror. If an offeror has no record of relevant past performance or if past performance information is not available for such offeror, the offeror may not be evaluated favorable or unfavorable on past performance. These offerors will be assessed a “Neutral” rating for past performance relevancy and confidence.

The offeror shall provide a minimum of two (2) references which shall be for recent work performed and shall be relevant to the complexity, size, and scope of the instant solicitation requirements. For references, offerors shall list:

i. Name/address of organization contract was with and contract or project number/title

ii. Period of performance of contract/project

iii. Brief description of contract/project scope and dollar value

iv. Point of contact information for reference (name/title/phone number/email address)

Factor 3 – Price

The Government will evaluate offers by adding the total of all line item prices found within the solicitation’s Line Item structure, including all options. The total evaluated price will be the sum of all contract line items found within the offeror’s quote. The price must be determined as fair and reasonable by the MN ANG/MN USPFO Contracting Officer prior to award.

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

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

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022)

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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 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—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, 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 business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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 Products and Commercial Services, 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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(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—

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture:

____________.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(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.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(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 representa on, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

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

(i) It □ has, □ has not par cipated 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 wri en affirma ve ac on 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). (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) (i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical 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 Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No

(4) 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) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

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

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

Line Item No. Country of Origin

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American- Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(v) 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 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 Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Israeli End Products:

(3) 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:

(4) 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…