Combined Synopsis-Solicitation - N00173-21-Q-CM03.pdf

SOLICITATION NO. N00173-21-Q-CM03

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation documents and incorporated provisions are those in effect through Federal Acquisition Circular 2021-05, DPN 20210520, and NMCARS 18-17.

General Information

Solicitation Type Solicitation Number Posted Date Response Date / Time NAICS Code Size Standard

Request for Quote, FAR Subpart 13.5

N00173-21-Q-CM03

June 25, 2021 July 25, 2021, 3PM EST 334220 1,250 Employees

Product or Service Code 7G22 Set-Aside N/A Contract Type Firm Fixed-Price (FFP) Point(s) of Contact Connor Murphy, Contract Specialist, connor.murphy@nrl.navy.mil

Heather Dinsmore, Contracting Officer, heather.dinsmore@nrl.navy.mil

All changes to this solicitation that occur prior to the closing date will be issued via amendment posted to the announcement on Contract Opportunities (beta.sam.gov). It is the responsibility of interested vendors to monitor the announcement for amendments that may be issued to this solicitation. For changes made after the closing date, only those offerors that provide a proposal will be provided any changes/amendments and considered for future discussions and/or award.

Questions must be submitted to the Point(s) of Contact listed above no later than seven (7) days after the Posted Date.

Requirement Information

The Naval Research Lab (NRL) in Washington, DC has a requirement for the procurement of a Twenty-Eight (28) Channel Turn-Key Microwave Tuner System. The number of Microwave Tuners for this effort will depend on the configuration method chosen by the offeror.

The anticipated line item structure as follows is based on the items outlined in the salient characteristics (Attachment 1):

Item Schedule of Supplies/Services Quantity Unit Unit Price Amount

0001 Microwave Tuner(s) with Twenty-Eight (28) Channels EA $ $

0001AA Microwave Tuner(s) Delivered NLT June 2022

EA $ $

0001AB Microwave Tuner(s) Delivered NLT September 2022

EA $ $

0002 Shipping EA $ $

TOTAL PRICE $ $

In accordance with FAR 52.204-22, alternative line items structures that best reflect the Offeror’s practices and proposed items may be submitted.

Documentation:

1. As stated in Attachment 1, Salient Characteristics, the Vendor shall provide the following documentation at time of delivery:

Operator/Maintenance Manual Programming/SW Manual Test documentation verifying compliance with all performance requirements via factory acceptance tests.

Delivery and Other Requirement Information

Required Delivery Date - Four (4) Channels or more shall be delivered NLT June 2022

- Remaining Channel balance shall be delivered NLT September 2022

Delivery Location Receiving Officer Contract Number: TBD

ATTN: TBD

CODE: TBD

LOCATION:

Naval Research Laboratory 4555 Overlook Ave. SW

Inspection / Acceptance

Destination - All items delivered under this action will be inspected/accepted by the Government within thirty (30) days of delivery.

FOB Point Destination

DPAS N/A

Quotation Submission Information

(a) Submission: Quotations shall be submitted electronically via email to the Point(s) of Contact by the Response Date/Time identified in the General Information Section above. A confirmation of receipt will be provided, but it is the sole responsibility of the Offeror to ensure that its response is received in its entirety and in a timely manner.

(b) Quote Requirements: Offerors shall provide a quote with their proposed products, country of origin, and pricing, along with product literature for the items being offered so that compliance with the specifications can be evaluated. The quote shall also include:

1. To support the Government's determination of fair and reasonable pricing, as well as the potential for future advancing of the current technology to meet all requirements, the Government requests a breakdown with a rough estimate of the Non-recurring Engineering (NRE) charges, chassis cost versus tuner cost for the proposed configuration(s) of each single-channel tuner card and dual-channel tuner card for this effort.

2. Description of standard commercial warranty and any extended warranty (if not described in the Offeror’s standard terms and conditions).

3. If shipping is not priced as a separate line item, a statement that shipping is included in the overall price of the items.

(c) Company Information: The Offeror shall ensure the following information is submitted:

Company Name Address

CAGE / DUNS Number Web Page URL Company point of contract, phone # and mail

(e) System for Award Management (SAM): Offerors must be registered in SAM (www.sam.gov) in order be considered for award. Offerors shall complete provision FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, included in full-text below. This provision requires the completion of reps and certs in SAM with the completion of paragraph (b) of the provision. If the Offeror has not completed the annual representations and certifications electronically in SAM, the Offeror shall complete only paragraphs (c) through (v) of this provision.

Evaluation and Basis for Award

(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. Factors other than price shall be considered, and a Price/Technical Tradeoff analysis of both price and non-price factors will be conducted as part of each submission’s evaluation. Trade-off considerations may result in the determination that it is in the best interest of the Government to award to an Offeror that does not have the lowest price technically acceptable offer, or similarly, and Offeror that does not have the highest technically-rated offer. The following factors shall be used to evaluate offers:

1. Technical Risk:

These tuner systems are sought for a fielded application, not Research and Development. Offerors will be evaluated on the assessed technical risk of advancing their current tuner technology to be able to meet all of the minimum requirements herein. Offerors are expected to address and articulate the path to meeting (or exceeding) all requirements. Responses with unaddressed performance gaps will be considered non-compliant, and therefore unacceptable.

Offerors Technical Risk will be evaluated as follows:

All minimum requirements met/exceeded by current products Outstanding All minimum requirements met/exceeded by current products, with minimal engineering of packaging and/or interfaces

Great

Meeting all minimum requirements requires minor engineering/development, but path is well-articulated and consistent with cost and schedule

Good

Meeting all minimum requirements requires moderate engineering/development, but path is well-articulated and consistent with cost and schedule

Acceptable

Gaps exist without a clear articulated path, or required improvements are not consistent with cost and/or schedule

Unacceptable

2. Technical Performance:

The Government will evaluate proposals based on how well the proposed product(s) meet the minimum requirements under worst-case conditions of Attachment 1. Exceeding the minimum requirements for the following select parameters provide additional value to the government and will be rated more favorably (and in no particular order):

1 - Gain flatness 2 - Input P1dB 3 - Input IP2

4 - Input IP3 5 - Spur Performance 6 - LO Reradiation 7 - Image Rejection 8 - IF Rejection 9 – Noise Figure

Offerors will be evaluated from Outstanding to Unacceptable on above parameters. The Technical Performance rating methodology is as follows:

Tuner supports larger system-level instantaneous dynamic range (linear, 2nd order, 3rd order): by > 6 dB

Outstanding

Tuner supports larger system-level instantaneous dynamic range (linear, 2nd order, 3rd order): by 3-6 dB

Great

Tuner supports larger system-level instantaneous dynamic range (linear, 2nd order, 3rd order): by 0-3 dB

Good

Meets but does not exceed minimum specifications Acceptable Does not meet minimum specifications Unacceptable

3. Schedule

Based on an anticipated award date of August/September 2021, vendors shall be evaluated on their proposed delivery schedule. All Microwave Tuners shall be delivered no later than (NLT) September 2022. At least 4-channels shall be delivered NLT June 2022. Vendors that can provide an accelerated delivery schedule will be rated more favorably.

Offerors Schedule will be evaluated as follows:

Schedule viable and meets minimum schedule: substantially accelerated initial unit(s) or final units

Outstanding

Schedule viable and meets minimum schedule: moderately accelerated initial unit(s) or final units

Great

Schedule viable and meets minimum schedule: minimal accelerated initial unit(s) or final units

Good

Schedule viable and meets but does not accelerate minimum delivery schedule: Acceptable Does not meet minimum delivery schedule or schedule is not viable Unacceptable

4. Supplier’s Past Performance

IAW DFARS 252.213-7000, the contracting officer shall consider data available in the statistical reporting module of the Supplier Performance Risk System (SPRS) regarding the supplier’s past performance history for the PSC and/or NAICS of the supplies being purchased.

Ratings:

o Low Risk: SPRS Supplier Risk Score of Blue, Purple, or Green, indicating a higher score in

SPRS and are therefore, considered to have a lower risk of poor contract performance o High Risk: SPRS Supplier Risk Score of Yellow or Red, indicating a lower score in SPRS and are therefore, considered to have a higher risk of poor contract performance o Neutral: In the case of a supplier without a record of relevant past performance history in

SPRS for the NAICS or PSC of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history.

5. Price Reasonableness

The Government anticipates making a determination of fair and reasonable price based on competitive quotes.

If only one response is received, the Government may use other methods as described at 13.106-3(a)(2).

Assuming all minimum requirements are met, added value to the Government will be assessed in the aforementioned categories. Overall, Technical Risk is more important than Technical Performance, Technical Performance is more important than Schedule, Schedule is more important than Supplier’s Past Performance Information, and the Supplier’s Past Performance information is more important than Price Reasonableness.

Offeror responses, including any “added value” will be evaluated against quoted costs to determine the most advantageous offer.

The Government reserves the right to award with limited exchanges to clarify certain aspects of quotes; however, the Government anticipates making award without discussions.

Applicable Provisions / Clauses

All clauses and provisions can be found on the following websites:

Federal Acquisition Regulation (FAR) – https://www.acquisition.gov/browse/index/far Defense Federal Acquisition Regulation Supplement (DFARS) – https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html Navy Marine Corps Acquisition Regulation Supplement (NMCARS) -https://www.secnav.navy.mil/rda/DASN-P/Pages/NMCARS.aspx

The following clauses will be incorporated into the resultant award:

Regulation Title Date IBR or FT*

FAR 52.203-3 Gratuities APR 1984 IBR FAR 52.204-13 System for Award Management Maintenance OCT 2018 IBR FAR 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 IBR FAR 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 IBR FAR 52.212-4 Contract Terms and Conditions-Commercial Items OCT 2018 IBR FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders-Commercial Items

The following additional FAR clauses cited in this clause are applicable to the acquisition:

• FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995)

• FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

• FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020)

• FAR 52.219-8 Utilization of Small Business Concerns (OCT 2018)

• FAR 52.219-28 Post Award Small Business Program Representation

(NOV 2020)

• FAR 52.222-3 Convict Labor (JUN 2003)

• FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020)

• FAR 52.222-37 Employment Reports on Veterans (JUN 2020)

JAN 2021 FT

• FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

• FAR 52.222-50 Combating Trafficking in Persons (OCT 2020)

• FAR 52.223-18 Encouraging Contractor Policies to Ban Text

Messaging While Driving (JUN 2020)

• FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

• FAR 52.232-33 Payment by Electronic Funds Transfer-System for

Award Management (OCT 2018) FAR 52.219-9 Small Business Subcontracting Plan JUN 2020 IBR FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (DEVIATION

2020-O0019)

JUL 2020 FT

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 IBR FAR 52.247-34 F.O.B. Destination NOV 1991 IBR DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 IBR DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019 IBR DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 IBR DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services

JAN 2021 IBR

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 IBR DFARS 252.211-7003 Item Unique Identification and Valuation MAR 2016 FT DFARS 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 IBR DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) - Basic DEC 2019 IBR DFARS 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 IBR DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019 IBR

DFARS 252.227-7015 Technical Data–Commercial Items FEB 2014 IBR DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 IBR DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 IBR DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 FT DFARS 252.232-7010 Levies on Contract Payments DEC 2006 IBR DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on

Fees and Consideration

APR 2020 IBR

DFARS 252.239-7018 Supply Chain Risk FEB 2019 IBR DFARS 252.243-7002 Requests for Equitable Adjustment DEC 2012 IBR DFARS 252.244-7000 Subcontracts for Commercial Items JAN 2021 IBR DFARS 252.246-7008 Sources of Electronic Parts MAY 2018 IBR

*Incorporated by reference or incorporated by full text in resultant award

Addenda to FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

AUTHORIZED GOVERNMENT REPRESENTATIVE

Authorized Government Representative (AGR) for Inspection and Acceptance- *, Code *, Telephone number *, email: *@nrl.navy.mil. *To be completed at award

Note: FAR 52.219-9 Small Business Subcontracting Plan (Jun 2020)

A subcontracting plan IAW FAR 52.219-9 will be required from the apparently successful offeror prior to award if established as an Other than Small Business (OTSB). If the apparently successful offeror fails to negotiate an acceptable subcontracting plan prior to award, the offeror will be ineligible for award.

The following provisions are applicable to this solicitation:

Regulation Title Date FAR 52.204-7 System for Award Management OCT 2018 FAR 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 FAR 52.204-22 Alternative Line Item Proposal JAN 2017 FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

OCT 2020

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation OCT 2020 FAR 52.209-7 Information Regarding Responsibility Matters OCT 2018 FAR 52.212-1 Instructions to Offerors-Commercial Items JUN 2020 DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation DEC 2019 DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services—Representation

MAY 2021

DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past

Performance Evaluations

SEP 2019

DFARS 252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020-O0005)

FEB 2020

DFARS 252.239-7017 Notice of Supply Chain Risk FEB 2019 DFARS 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System AUG 2016

Addenda to FAR 52.212-1 – Instructions to Offerors-Commercial Items (JUN 2020)

FAR 52.212-1(b), Submission of Offers: See additional Quotation Submission Information above

FAR 52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Code 1300: nrlcontracts@nrl.navy.mil and Code 1320 Branch Head: kristopher.ramsey@nrl.navy.mil at Naval Research Laboratory, Washington DC.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

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

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

(a) Definitions. As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

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

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

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

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

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

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

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

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

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

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

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

(b)

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

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

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

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

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

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

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

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

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

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

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

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

____ Black American.

____ Hispanic American.

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

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

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

____ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order11246-

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

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

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

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

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

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

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

1352). (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:

[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:

[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:

[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;

(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 appeal 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. 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.

(C) 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.

(D) 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).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

[The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countries of Origin

Electronics China; Malaysia

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

(ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) □ Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that–

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that-

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small…