C08.0 N4523A21Q1053 Combined Synopsis-Solicitation.pdf

N4523A21Q1053

Combined Synopsis/Solicitation: N4523A21Q1053

Hull Coatings Maintenance of six (6) 33 Foot Patrol Boats

Deadline for Quote Submission is: 2:00PM Pacific Standard Time (PST)

Tuesday, 08 June 2021

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation, N4523A21Q1053, is issued as a Request for Quotation (RFQ) by Puget Sound Naval Shipyard and

Intermediate Maintenance Facility (PSNS&IMF) Code 440 Contracting and incorporates the provisions and clauses in effect from regulations posted to https://www.acquisition.gov/ inclusive, but not limited to, Federal Acquisition

Circular (FAC) number 2021-05.

The associated North American Industrial Classification System (NAICS) Code for this solicitation is 336611 with a size standard of 1,250 employees. This requirement is solicited as a total small business set-aside.

The requirement is a commercial item in accordance with FAR 2.101. The requirement is to obtain services to provide an end item of supply consistent with 10 U.S.C. Section 7299. The requirement includes hull coating maintenance of six patrol boats.

The FAR provision 52.212-1, Instructions to Offerors – Commercial (JUN 2020) applies to this acquisition, along with the ADDENDUM TO PROVISION 52.212-1

The FAR provision 52.212-2, Evaluation – Commercial Items (Oct 2014) applies to this acquisition.

The FAR provision 52.212-3, Offeror Representations and Certifications – Commercial Items (JUN 2020) applies to this acquisition. The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

The FAR clause 52.212-4, Contract Terms and Conditions – Commercial Items (OCT 2018) applies to this acquisition.

The FAR clause 52.212-5, Contract Terms and Conditions Required to Implement States or Executive Orders –

Commercial Items (AUG 2020) applies to this acquisition.

Statement of Work

The Statement of Work for this requirement is incorporated in pages 38-51 of this solicitation.

Offeror Signature: Date:

http://www.acquisition.gov/

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

Hull 33PB1004/ 33150

FFP

Hull Coatings Maintenance for 33PB1004/ 33150 in accordance with the Statement of Work (SOW).

FOB: Origin (after Loading)

PSC CD: J019

NET AMT

Hull 33PB1005/ 33151

Hull Coatings Maintenance for 33PB1005/ 33151 in accordance with the Statement of Work (SOW).

Hull 33PB1006/ 33152

Hull Coatings Maintenance for 33PB1006/ 33152 in accordance with the Statement of Work (SOW).

Hull 33PB1010/ 33156

Hull Coatings Maintenance for 33PB1010/ 33156 in accordance with the Statement of Work (SOW).

Hull 33PB1011/ 33157

Hull Coatings Maintenance for 33PB1011/ 33157 in accordance with the Statement of Work (SOW).

Hull 33PB1012/33158

Hull Coatings Maintenance for 33PB1012/ 33158 in accordance with the Statement of Work (SOW).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Origin Government

0002 Origin Government Origin Government

0003 Origin Government Origin Government

0004 Origin Government Origin Government

0005 Origin Government Origin Government

0006 Origin Government Origin Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 02-AUG-2021 TO

25-OCT-2021

N/A N/A

0002 POP 02-AUG-2021 TO

0003 POP 02-AUG-2021 TO

0004 POP 02-AUG-2021 TO

0005 POP 02-AUG-2021 TO

0006 POP 02-AUG-2021 TO

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements MAR 2021

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-17 Ownership or Control of Offeror AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017

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

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities.

JUL 2018

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

OCT 2020

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

JUN 2020

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.219-1 Alt I Small Business Program Representations (NOV 2020)

Alternate I

SEP 2015

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

NOV 2020

52.219-33 (Dev) Nonmanufacturer Rule (DEVIATION 2020-O0008) MAR 2020

52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

JUL 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.245-1 Government Property JAN 2017

52.245-9 Use And Charges APR 2012

52.247-30 F.O.B. Origin, Contractor's Facility FEB 2006

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020

252.211-7003 Item Unique Identification and Valuation MAR 2016

252.211-7003 Item Unique Identification and Valuation MAR 2016

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.217-7028 Over And Above Work DEC 1991

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.225-7052 (Dev) Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten (DEVIATION 2020-O0006)

OCT 2020

252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Items JAN 2021

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7003 Contractor Property Management System Administration APR 2012

252.245-7004 Reporting, Reutilization, and Disposal DEC 2017

252.246-7003 Notification of Potential Safety Issues JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

1. General:

The Government anticipates awarding a commercial firm-fixed price contract as a result of this total small business set-aside solicitation. Award will be made based upon the Lowest Priced Technically Acceptable (LPTA) offer. The offeror shall submit the following in accordance with the table and instructions provided below:

Required Submission Factor

Technical I

Past Performance II

Price III

Solicitation Compliance IV

Factor I Technical:

The offeror shall provide affirmative statement that the offeror will meet the minimum requirements in the

Statement of Work (SOW) and solicitation terms and conditions. The following subfactors will be used to evaluate technical acceptability:

Submission Requirements:

Evaluated Sub-factor Section L Submission Requirement

Subfactor 1.1, Corporate Experience:

The prospective offeror must demonstrate specific experience providing marine preservation and maintenance support of the complexity similar to or exceeding the scope identified in the statement of work

(SOW) through a narrative of three (3) contracts within the last three (3) years.

Offerors shall provide sufficient explanation that the experience provided demonstrate that the offeror has the necessary management, technical personnel and material resources available to successfully complete marine vessel preservation services.

Offerors are required to provide Corporate Experience

Data Sheets (Attachment 4) on three (3) of the firm’s recently completed contracts or task orders (not to exceed three years older than date of solicitation) that demonstrate relevant work as outlined in subfactor 1.1 of Section M of the solicitation .

Narratives must be clear, coherent, and prepared in sufficient detail for effective evaluation of the offeror’s quote against sub-factor 1.1. Altered or substituted data sheets may not be evaluated. Any supporting documentation included should clearly substantiate claims and be verifiable.

Offeror’s shall include complete contract numbers, to include specific delivery/task order numbers as applicable, within the narrative to allow for the verification of claims. However, copies of contracts referenced are not required as part of the quote.

If referencing non-government corporate experience contracts, offeror’s shall include an associated point of contact with the customer company which includes:

name, company title, phone number, and email to allow for government verification.

Subfactor 1.2, Certifications:

The prospective offeror has provided current certificates identifying all personnel certified as paint inspectors in accordance with NAVSEA Basic Paint

Inspector (NBPI), NACE International Coatings

Inspector or SSPC Protective Coating Inspector programs, as required for accomplishing the requirements of the statement of work.

The offeror shall provide copies of current certifications for all paint inspectors that meet one of the requirements outlined in evaluation sub-factor 1.2.

Subfactor 1.3, Facility:

The offeror has identified that the facility to be used has adequate lifting and operational capacity to safely dock the vessel per the characteristics and requirements set forth in the statement of work (SOW). An on-site survey conducted by the Government Docking

Observer (GDO) may be required to validate the facility’s capability.

To facilitate delivery by the Government and proper

Government oversight, the facility shall be located in the Puget Sound, WA area of consideration. For this procurement, the Puget Sound, WA area of consideration is defined as the West Coast of the continental US, starting from Olympia, WA to the south and extending northward to Everett, WA to the North and Port Angeles, WA to the West.

The offeror shall provide a narrative illustrating that they satisfy the requirements of sub-factor 1.3.

Narratives must be clear, coherent, and prepared in sufficient detail for effective evaluation of the offeror’s quote against sub-factor 1.3. Any supporting documentation included should clearly substantiate claims and be verifiable.

Factor II Past Performance:

Past performance information obtained from established systems such as the Contractor Performance Assessment

Reporting Systen (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic

Subcontract Reporting System (eSRS), or other databases. Past performance information may also be obtained from other sources available to the Government, such as the Defense Contract Management Agency; and interviews with

Program Managers, Contracting Officers, Fee Determining Officials. Offeror’s are not required to submit any additional documentation in support of this evaluation criteron.

Factor III Price:

Offeror shall propose pricing in Attachment 2 Price Worksheet.

Factor IV Solicitation Compliance:

The entire completed and signed solicitation shall be returned as part of your offer. Also, be sure to complete all representations and certifications in the solicitation. Acknowledge receipt of amendments by returning signed copies of the amendments with offer if applicable.

Offers shall be submitted electronically to Brittany Chartier –brittany.chartier@navy.mil and Chris Campbell – chris.campbell@navy.mil. Late offers will not be considered.

Only the following extensions shall be used:

.docx for Microsoft® Word files

.xlsx for Microsoft® Excel files

.pdf for Adobe® Acrobat™ files

Offeror shall not embed sound or video files into submittals. Graphics, tables, photographs, and other data beyond the capability of Microsoft® Word ™, Microsoft® Excel ™, or not in currently NMCI- supported applications may be submitted in Adobe Acrobat format. Any submission document that requires a “wet signatures” or other data input by hand shall be scanned and formatted in Adobe Acrobat (PDF).

All spreadsheets shall be in Microsoft Excel format such that each mathematical equation is obvious. No fields shall be password protected.

Text size shall be no smaller than what is equivalent to Microsoft Word, Times New Roman, 10 point, uncompressed font. Pages shall be single sided, one and one half inch spaced, with a minimum of one inch margins on all sides. Pages shall be dated and numbered sequentially by volume. A header should be present in each volume submission stating the volume number, title, solicitation identification, and the offeror's name. Each section shall contain a glossary of all abbreviations and acronyms used with an explanation for each, as applicable.

2. Ship Check Information:

Ship checks will be conducted from 8:00 A.M. – 11:00 A.M. PST on 20 May 2021 at Naval Base Kitsap BANGOR in Bangor, WA. Prospective offerors shall notify John Annonen john.annonen@swfpac.navy.mil, cell (360) 516-

0014 and C/C Brittany Chartier brittany.chartier@navy.mil by 1:00 P.M. on 13 May 2021 in order to reserve time and submit the names of employees and subcontractors who will attend. Pre-registration in Base Authorization and

Visit Request (BAVR) is mandatory to meet security and access requirements prior to arrival at Naval Base Kitsap, BANGOR in BANGOR, WA. Please note that proof of U.S. citizenship is required for facility access. Please see

Attachment 1 for BAVR Instructions.

Offerors shall send an e-mail with their Company Name, CAGE Code, and Solicitation Number in the subject line to john.annonen@swfpac.navy.mil and C/C Brittany Chartier brittany.chartier@navy.mil. John Annonen will be the

On-Site POC and other instructions/information for Ship Check are listed below:

a. Per OSHA 29 CFR 1915 Occupational Safety and Health Standards for Shipyard Employment Section

1915.158(a)(1), Contractor personnel attending ship-checks shall wear United States Coast Guard-approved

Type I, II, III, or V Personal Floatation Devices (PFDs) i.e. life preservers, life jackets, or work vests while on floats, barges, and finger piers.

b. The decision by any offeror to not attend the ship check will be construed to mean that the offeror fully understands all requirements of the solicitation. All prospective offerors are advised that at the conclusion of the ship check, unless this solicitation is amended in writing, it will remain unchanged. If an amendment is issued, normal procedures relating to the acknowledgement and receipt of any such amendment shall be applicable. In no event will failure to attend a ship check constitute grounds for a claim after award of the contract.

c. There is a short amount of time between ship check date and the close of questions; therefore, to allow adequate time to prepare a response submit all questions regarding the Statement of Work as soon as possible.

3. Request for Clarification:

mailto:brittany.chartier@navy.mil mailto:john.annonen@swfpac.navy.mil mailto:brittany.chartier@navy.mil

ALL INQUIRIES shall be made via email and directed to Brittany Chartier, Contract Specialist, and Chris

Campbell, Contracting Officer, at brittany.chartier@navy.mil and chris.campbell@navy.mil. To ensure the

Government is able to adequately address and respond to requests for clarification (RFCs) it is requested questions be submitted no later than 27 May 2021, 10:00 AM PST. RFCs shall reference the solicitation, specification page and paragraph number, and shall be submitted on request for clarification form provided with solicitation

(Attachment 3) via email to both the CS and KO. The Government will not advise prospective subcontractors as to the requirements of the solicitation or answer direct inquiries from a prospective subcontractor. All such requests for clarification must be submitted to the government through the prime contractor (offeror).

4. Release of Pricing Information:

All pricing information submitted is for the exclusive use of the Government representatives, and will be treated as business confidential and will not be publicly disclosed, provided that, where a request of such cost information is submitted to the Government pursuant to the Freedom of Information Act (FOIA) (5 U.S.C. 552a), the Government will not disclose the Offeror’s pricing information if public disclosure, the tile page of the cost proposal and other sheets of proposal data should be marked with a restrictive legend stating that the price information is proprietary.

(End of provision)

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

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

The evaluation of the Offeror’s quote will consist of evaluation of all elements described in Addendum to

52.212-1, Instructions for Offerors.

Quote Submittal Quote Section

Technical I

Past Performance II

Price III

Solicitation Compliance IV

Section I: This section will be evaluated to determine if it is acceptable or unacceptable. The offeror must be determined to be technically acceptable before being considered further. In order to be determined technically acceptable, offers must meet or exceed all performance work statement requirements, period of performance, and other terms and conditions in solicitation.

Section II: This section will be evaluated in accordance with FAR 15.305, however a comparative assessment as described in FAR 15.305(a)(2)(i) will not be conducted IAW FAR 15.101-2(b)(1). The past performance evaluation is an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements based on recency, relevancy and satisfactory performance. The acceptability of the offeror’s past performance shall be evaluated. This is done through the establishment of criteria to be evaluated on an “acceptable” or “unacceptable” basis as follows: Past performance information obtained from established systems such as the Contractor

Performance Assessment Reporting Systen (CPARS), Federal Awardee Performance and Integrity Information

System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases. Past performance information may also be obtained from other sources available to the Government, such as the Defense Contract

Management Agency; and interviews with Program Managers, Contracting Officers, Fee Determining Officials.

Offeror’s are not required to submit any additional documentation in support of this evaluation criteron.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

Section III: This section will be evaluated for completeness as well as fair and reasonable pricing. The

Government will utilize one or a combination of analysis techniques in accordance with FAR 13.106-3, to determine fair and reasonable pricing.

Offeror must submit completed Attachment 2 Price Worksheet.

Section IV: This section will be evaluated for completeness including the signed solicitation, applicable amendments, and completed fill-in provisions and clauses.

After evaluation of the factors listed above, contract award will be made based on the lowest priced technically acceptable (LPTA) offer.

(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.

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 https://www.sam.gov/

(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.

"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"—

(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 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 with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

51 percent of the stock of which is owned by one or more women; and

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

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

United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications 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 http://www.sam.gov/ 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 is to be performed in the

United States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

[The offeror shall check the category in which its ownership falls]:

___ 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 Order 11246 --

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

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

Opportunity clause of this solicitation; and

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

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

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts

60-1 and 60-2), or

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

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

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

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

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American – Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, 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.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line item No. Country of origin

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) (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.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product,"

"Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free

Trade Agreements--Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

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

End Products) or Israeli End Products:

Line item No. Country of origin

[List as necessary]

(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.

Other Foreign End Products:

Line item No. Country of origin

[List as necessary]

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

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

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

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

Canadian End Products:

Line item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line item No. Country of origin

[List as necessary]

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

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

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

Peruvian End Products) or Israeli End Products:

Line item No. Country of origin

[List as necessary]

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

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

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

Other End Products

Line item No. Country of origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2)for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

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

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