COMBINED SYNOPSIS SOLICITATION N32205-20-Q-3013 SMALL ARMS TRAINING TCE.pdf

MILITARY SEALIFT COMMAND

N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE

COMBINED SYNOPSIS/SOLICITATION

Military Sealift Command Combined Synopsis and Solicitation Notice Information

1. 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; proposals are being requested and a written solicitation will not be issued.

2. Solicitation number is N32205-20-Q-3013 and is being issued as a Request for Quotes (RFQ).

Quotes are due by Wednesday, 05 August 2020 at 1:00pm Eastern Standard Time.

3. The solicitation document and incorporated provisions and clauses are those in effect through:

a. Federal Acquisition Circular (FAC): 2020-06, Effective: 05 June 2020

b. DFARS Publication Notice (DPN): 20200605, Effective: 05 June 2020

4. The associated NAICS code is 713990 and the associated PSC code is U014 for this procurement: NOTE:

A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.

is not being set-aside for small businesses.

is being set-aside for small businesses. The small business size standard is $8 Million.

5. The attached pricing spreadsheet lists the Contract Line Item Numbers (CLINs) and items, quantities and units of measure, inclusive of any applicable options.

Pricing should reflect all costs associated with successful completion of the Performance Work Statement.

6. PERFORMANCE WORK STATEMENT (PWS)

1. BACKGROUND:

Military Sealift Command (MSC) has a continuous requirement for the training of MSC civilian and Contractor mariners in areas of small arms and security watch advanced. Requirements for training are set forth in references

OPNAVINST 3591.1 series and COMSCINT 5530.3F. Small arms and security watch advanced training are annual training requirements.

2. SCOPE:

The Contractor shall provide facilities and equipment for Small Arms Training and Security Watch Advanced for

Military Sealift Command (MSC). The schedule for these classes is provided at the end of this PWS.

Due to current coronavirus disease 2019 (COVID-19) pandemic, the Government may anticipate the need to request additional shooting stations, classrooms, and/or range time to adhere to Centers for Disease Control and

Prevention guidance concerning social distancing measures. If the need occurs, the government intends to modify the contract in accordance with FAR 52.212-4(c) to exercise the appropriate OPTION CLIN(s).

3. PLACE OF PERFORMANCE:

Place of performance will be at Contractor’s facility.

4. REQUIREMENTS:

4.1 The Contractor shall provide a shooting range where MSC personnel are capable of shooting the weapons required for MSC’s program IAW OPNAV 3591.1 series. The Contractor shall provide sixteen (16) each of the following weapons: Springfield M-14/M1A rifle, Beretta M-9 pistol, Mossberg 500 12-gauge shotgun, and nine (9)

M16/AR15 rifles. All rifles shall have military type slings and military type sighting system. Weapons are to be

Contractor cleaned.

4.2 The location of the range shall be within 50 driving miles of Norfolk Naval Station Building SP312. The range may be either an outdoor or an indoor facility and shall comply with Naval Occupational Safety and Health

(NAVOSH) regulations, including requirements found in OPNAV 5100.23 series. For indoor ranges: Local exhaust ventilation is required and shall be adequate to ensure that atmospheric levels of lead particulate do not exceed the

Permissible Exposure Limit (PEL). The Contractor’s management shall allow periodic inspection, including lead monitoring, to ensure compliance is met.

4.3. Parking at the range and classroom: A minimum of three (3) assigned parking spaces shall be designated and reserved for government instructors and one dozen (12) unreserved parking spots for students shall be provided.

4.4. The small arms training will be four days of instruction. The four-day class will normally run Mon-Thu. Fifth day, normally Friday, will be used to conduct a one-day stand-alone course of instruction titled Watch Stander

Advanced.

4.5. The Contractor shall provide services (Classroom & Range) for 9-hour work days (including lunch). Hours are to be determined later with special regard to any local conditions that may restrict range use. Range is to have a covered area, behind the ready line, for use of students and staff for protections from elements.

4.6. The range shall be constructed in such a way that the student will be able to shoot the M-14/M1A and the M-

16/AR15 in standing, kneeling and prone positions, and draw pistol from holster in both standing and kneeling positions. The 15-yard line shall be configured in such a manner that allows 8 shooters to fire weapons in prone position while keeping shooters out of ground moisture when such conditions are present. The pad or deck will be constructed so as not to adversely increase the risk of ricochets.

4.7. The range shall be clearly marked at the 3, 7, 10, 15 and 25 yard lines. The Range shall have a minimum of eight lanes and adequate space behind shooters to facilitate line coaches and range safety officer.

4.8. The small arms course shall have a maximum of 16 students. Each student shall fire the following number of rounds:

Small Arms Qualification Course (4 days):

26 rounds of 12-gauge double 00 buck shot

150 rounds of 9mm

110 rounds .308/7.62 mm

Upon request, in lieu of 308/7.62 mm ammunition 110 rounds of .223/5.56 mm ammunition suitable for the M-

16/AR15 rifles

4.9. The range shall provide a Public Address (PA) speaker system. The PA may be permanently installed or be portable, but one-handed operation is required.

4.10. An indoor classroom shall be provided with space and furnishing to comfortably accommodate 16 students and three instructors. Furnishing to include, but not limited to, 19 chairs, 1 podium capable of holding a three ring binder, either 19 individual student desks, or work style tables capable of seating 16 students and 3 instructors with minimum of 575 square inches (2 ft. x 2 ft.) of surface work area per student. The classroom shall be used exclusively by MSC while training is in session. It shall be neat, orderly, and shall not be utilized for general storage. The classroom shall include a white board, screen, projector, computer and printer. The computer and projector shall be compatible and shall be capable of displaying Microsoft Office PowerPoint presentations.

Microsoft Office software Microsoft 10 or higher shall be provided on the computer. The classroom facility shall be temperature controlled to provide an environment conducive to training and learning and prevent safety and health concerns. Floor space shall be set aside for the placement of a MSC cabinet/locker measuring 16 inches deep by 36 inches wide by 76 inches high. MSC shall provide cabinet/locker and remove it upon completion of contract. MSC shall be granted permission to hang placards from walls during course of instruction.

4.11. A covered training site will be required for dry firing practice of all three types of weapons. Dry firing site shall provide an environment conducive to training and learning and prevent safety and health concerns. Site may be the same classroom, another classroom, an enclosed area on firing range, or an off-site location. No live ammunitions will be allowed in dry firing training site.

4.12. The range, dry firing practice site, and the classroom shall be cleaned and subject to the satisfaction of the

MSC Instructor prior to each use. The Contractor shall be responsible for picking up and disposing of empty brass cartridges and shotgun shells.

4.13. MSC shall not be held liable for target holders/carriers, target holder/carriers overhead cables, weapons, barricades, mats or other vendor supplied materials damaged through normal course of instruction.

4.14. MSC shall be allowed to operate a MSC provided coffee pot and MSC provided microwave in the classroom.

4.15. The range shall provide potable water for instructors and students. Means of cooling potable water are to be provided, either mechanical or ice.

4.16. Men’s and women’s restrooms or portable toilets shall be provided at the range and classroom locations or within convenient walking distances.

4.17. The range shall provide a securable storage location for MSC gear. This may be in the form of a storage shed, trailer such as a “Pod”, securable inside area, or a conex box with approximately 1600 cu feet of space (approx. 10 wide x 20 long x 8 high) cubic feet of internal space for storage of inert material such as student guides, weapon magazines, mats, etc. MSC will provide lock. MSC will maintain control of key for lock.

4.18. The range will provide all supplies and materials including the ammunition required for the Navy Qualification for Security Personnel (Afloat), safety glasses, hearing protection equipment including both foam ear plugs and range muffs. All safety equipment including safety glasses and hearing protection must be new or in like-new condition. The guiding instruction is OPNAVINST 3591.1F.

4.19. Range will provide target backings each day and appropriate targets to support qualification firing in accordance with OPNAVINST 3591.1F. Shotguns use the same target as pistols. A means of attaching targets to target frames is to be provided. Pistol and shotgun utilize Transition II targets, 112 targets per class. Rifle utilize

Rifle “A” reduced 15 yards (enclosure (7); page 5) of OPNAVINST 3591.1F, 112 targets per class.

4.20. The range shall provide at least eight pliable shooting mats, such as rubber, for prone firing. Mats shall be in new or good working condition. Mats shall also be clean to the satisfaction of the MSC small arms instructor prior to use. Mats shall be of sufficient size to fully accommodate a six-foot person weighting approximately 300 pounds.

4.21. The range shall provide two tall and two short non-metal barricades. Students are required to stand behind a

"tall" barricade and kneel behind a "short' barricade when firing a shotgun. Short and tall barricades shall meet requirements at set forth in OPNAVINST 3591.1F enclosure (3), paragraph 11 e.

4.22. Range shall provide a point of contact for receipt of written discrepancies addressing weapons, facilities, ammunition, and any other items that affect the training of MSC personnel.

4.23. Range shall provide a classroom and training space for the one-day Watch Stander Advance training.

Classroom may be same space used for small arms training. Classroom shall be provided with space and furnishing to comfortably accommodate at least 16 students and three instructors. Furnishing to include, but not limited to, 19 chairs, 1 podium capable of holding a three ring binder, either 19 individual student desks, or work style tables capable of seating 16 students and 3 instructors with minimum of 575 square inches (2 ft. x 2 ft.) of surface work area per student. The classroom shall be used exclusively by MSC while training is in session. It shall be neat, orderly, and shall not be utilized for general storage. The classroom shall include a white board, screen, projector, computer & printer. The computer and projector shall be compatible and shall be capable of displaying Microsoft

Office PowerPoint presentations. Microsoft Office software, Microsoft 10 or higher, shall be provided on the computer. The classroom facility shall be temperature controlled to provide an environment conducive to training and learning and prevent safety and health concerns. Classroom shall be cleaned and subject to the satisfaction of the

MSC Instructor prior to each use.

4.24. Range shall provide a separate space for students to practice close quarter physical take downs and baton training. Space should contain a minimum of 1600 square feet floor space and nine feet of clear overhead clearance.

Flooring shall be covered in protective mats or padding. Portable protective floor mats may be provided by vendor in lieu of installed protective mats or padding. Facility shall be temperature controlled to provide an environment conducive to training and learning and prevent safety and health concerns.

4.25 For purposes of this Description of Services, the MSC Training Center – East Course Manager and / or

Director, Training Center East shall also function as the TPOC. Technical Points of Contact: To be provided at time of award.

5. PERIOD OF PERFORMANCE

Period of Performance Dates

Base Year 01 October 2020 – 30 September 2021

Option Year One 01 October 2021 – 30 September 2022

Option Year Two 01 October 2022 – 30 September 2023

Option Year three 01 October 2023 – 30 September 2024

Option Year Four 01 October 2024 – 30 September 2025

Six Month Extension (FAR 52.217-

8)*Exercised at Government’s discretion

01 Oct 2025 – 31 March 2025

6. AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

Except as specified in paragraph 6.2 below, no order, statement, or conduct of Government personnel who visit the

Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this Contract shall constitute a change under the Changes clause of this contract.

6.1 The Contractor shall not comply with any order, direction, or request by Government personnel unless it is issued in writing and signed by the Contracting Officer.

6.2 The Contracting Officer is the only person authorized to approve changes in any of the requirements of this Contract and notwithstanding provisions contained elsewhere in this Contract, said authority remains solely the Contracting Officer's. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the Contract price to cover any increase incurred as a result thereof. Any MSC Warranted Contracting Officer within his/her warrant can act in the administration of this contract. The identity thereof shall be made known to the Contractor via separate correspondence so as not to unduly require excessive contract modifications should Warranted Contracting Officers be reassigned during the normal seminar of the performance of his/her duties during the life of the contract.

7. CLASS SCHEDULE

Military Sealift Command (MSC) requires forty-nine (49) Small Arms Classes and forty-one (41) Security Watch

Advanced Classes starting on 05 October 2020 and ending 30 September2021. The small Arms classes will be four

(4) days in length and Security Watch Advance shall be one (1) day in Length.

7.1 The schedule for these classes during this period are as follows:

Small Arms Security Watch Advanced

Oct 05-08, 2020 Oct 09, 2020

Oct 13-16, 2020 No Class

Oct 19-22, 2020 Oct. 23, 2020

Oct 26-29, 2020 Oct 30, 2020

Nov 02-05, 2020 Nov 06, 2020

Nov 09-13, 2020 No Class

Nov 16-19, 2020 Nov 20, 2020

Nov 30-Dec 03, 2020 Dec 04, 2020

Dec. 07-10, 2020 Dec 11, 2020

Dec. 14-17, 2020 Dec 18, 2020

Jan 04-07, 2021 Jan 08, 2021

Jan 11-14, 2021 Jan 15, 2021

Jan 19-22, 2021 No Class

Jan 25-28, 2021 Jan 29, 2021

Feb 01-04, 2021 Feb 05, 2021

Feb 08-11, 2021 Feb 12, 2020

Feb 16-19, 2021 No Class

Feb 22-25, 2021 Feb 26, 2021

Mar 01-04, 2021 Mar 05, 2021

Mar 08-11, 2021 Mar 12, 2021

Mar 15-18, 2021 Mar 19, 2021

Mar 22-25, 2021 Mar 26, 2021

Mar 29- 01 Apr 2021 Apr 02, 2021

Apr 05-08, 2021 Apr 09, 2021

Apr 12-15, 2021 Apr 16, 2021

Apr 19-22, 2021 Apr 23, 2021

Apr 26-29, 2021 Apr 30, 2021

May 03-06, 2021 May 07, 2021

May 10-13, 2021 May 14, 2021

May17-20, 2021 May 21, 2021

May 24-27, 2021 May 28, 2029

Jun 01-04, 2021 No Class

Jun 07-10, 2021 June 11, 2021

Jun 14-17, 2021 Jun 18, 2021

Jun 21-24, 2021 Jun 25, 2021

Jun 28-01 Jul 2021 Jul 02, 2021

Jul 06-09, 2021 No Class

Jul 12-15, 2021 Jul 16, 2021

Jul 19- 22, 2021 Jul 23, 2021

Jul 26-29, 2021 Jul 30, 2021

Aug 02-05, 2021 Aug 06, 2021

Aug 09-12, 2021 Aug 13, 2021

Aug 16-19, 2021 Aug 20, 2021

Aug 23-26, 2021 Aug 27, 2021

Aug 30 – 01 Sep 2021 Sep 02, 2021

Sep 07-10, 2021 No Class

Sep 13-16, 2021 Sept 17, 2021

Sep 20-23, 2021 Sept 24, 2021

Sep 27-30, 2021 No Class

7.2 Dates of classes for option periods will be determined at least 30 days’ prior to start of renewal period, if applicable.

Enterprise -Wide Contractor Manpower Reporting Application (ECMRA):

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site. Contracted services excluded from reporting are based on Product Service codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment

(2) X, Lease/Rental of Facilities

(3) Y, Construction of Structures and Facilities

(4) D, Automatic data Processing and Telecommunications, IT and Telecom- Telecommunications

Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY and

(6) V, Freight and Shipping Only.

The Contractor is required to completely fill in all required data fields using the following web address:

https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

**End Performance Work Statement**

7. The Government anticipates a firm-fixed price (FFP) contract will result from this solicitation. The intent is to award a base year and four (4) option years (including COVID-19 Options), as shown in Paragraph 5 of the above

Performance Work Statement.

8. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is incorporated by reference. The provision is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

a. Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.

b. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

c. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and

“quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.

d. The Government will consider all quotes that are timely received and may consider late quotes.

Failure of a quote to address any items required in the submission package may make a quote unacceptable.

https://doncmra.nmci.navy.mil/

e. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:

In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:

Responsible sources shall provide the following:

1. Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price

2. Total Firm Fixed price

3. Any Discount Terms

4. Estimated time of delivery (for supply buys)

5. Technical Submission Requirements

a. For Parts/Supply buy, the quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule.

b. For a Services buy, the quote shall contain all pre-award submission/certification requirements as defined in the Performance Work Statement (PWS).

6. Responses to the solicitation are due by Wednesday, 05 August 2020 at 1:00pm Eastern

Standard Time. Quotes may be e-mailed to lawren.wolf@navy.mil. To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your quote.

7. Questions regarding this RFQ shall be submitted in writing by Wednesday, 22 July 2020 at 1:00

PM Eastern Standard Time, via email to Lawren Wolf at lawren.wolf@navy.mil.

Primary Point of Contact: Mr. Lawren Wolf

(757) 341-6546 lawren.wolf@navy.mil

Secondary Point of Contact: Ms. Chantal Cornelius

757-443-5966 chantal.cornelius@navy.mi

The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1. Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.

Basis for Award: Award will be made to the responsible, technically acceptable quoter, whose quote, conforming to the combined synopsis/solicitation, offers the lowest evaluated price.

52.252-1 – Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

52.252-2 – Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

9. Provision 52.212-2 Evaluation—Commercial Items (OCT 2014) applies to this acquisition.

(a) The Government may 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:

(i) technical capability of the item or service offered to meet the Government requirement;

(ii) price;

(ii) past performance;

Award shall be made to the lowest priced technically acceptable offeror in LPTA solicitations.

To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation.

To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers (if applicable), can be met.

If utilized, a past performance evaluation will be conducted in accordance with FAR 13.106-2(b)(3)(ii)(C). The

Government intends to utilize the Government Wide Contractor Performance Assessment Report System (CPARS), formerly known as Past Performance Information Retrieval System (PPIRS) for past performance evaluations as a basis for anticipating successful/unsuccessful performance on this required effort. To be considered acceptable for past performance, a search of the CPARS must reveal no negative past performance information for the recent and relevant records. In the event there are no recent and/or relevant CPARS records, the quoter may submit information on recent and relevant subcontracts and/or commercial contracts. If no recent and relevant contracts are available in CPARS or submitted by the offeror, the quoter’s past performance record shall be considered

“unknown.” In the context of acceptable or unacceptable, “unknown” past performance shall be considered

“acceptable.” To be considered recent, the effort must either still be in progress or have been completed within the previous three (3) years from date of this solicitation. To be considered relevant the record should be similar in terms of complexity, scope, and magnitude. “Scope” is defined as experience in areas defined in the SOW.

“Magnitude” is defined as the measure of similarity of the volume, dollar value, and/or duration of work actually performed under the quoter’s submitted contracts to the SOW. At the quoter’s discretion, additional past performance information may be submitted with the quote as a supplement to CPARS. If furnished, this submission will be evaluated in accordance with the procedures described above.

The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3.

(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 by the Government 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.

10. All Offerors must include a completed copy of FAR 52.212-3 including Alternate I, Offeror

Representations and Certifications – Commercial Items (JUN 2020) with its offer.

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.

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

Small disadvantaged business concern, consistent 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.

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

“domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)

(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms

“Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf

(COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade

Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements–Israeli Trade Act.”

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

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

Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph

(g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American-Free Trade

Agreements-Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

(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.

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

(g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products

(other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

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

Line Item No. Country of Origin

(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

(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…