SF1449_EA-133W-16-RQ-0701.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 48 EA-133W-16-RQ-0701

SR10 UPPER AIR SOUNDING SYSTEM

0001 ROBOTSONDE INCLUDING NECESSARY

MODIFICATIONS FOR COMPATIBILITY WITH U.S.

POWER STANDARDS IN ACCORDANCE WITH THE

STATEMENT OF WORK.

1.00 EA

DESKTOP COMPUTER

0002 LAUNCH AREA DESKTOP COMPUTER

DESKTOP COMPUTER

0003 REMOTE AREA DESKTOP COMPUTER

PC MONITOR

0004 REMOTE AREA PC MONITOR

PC MONITOR

0005 LAUNCH AREA PC MONITOR

SERVICES

0006 SITE SURVEY, INSTALLATION AND TRAINING IN

ACCORDANCE WITH THE STATEMENT OF WORK

SURFACE OBS SYSTEM

0007 SYSTEM OBSERVATION SYSTEM; BAROMETER,

HUMIDITY AND TEMPERATURE PROBE,

ULTRASONIC WIND SENSOR

DCP

0008 DATA COLLECTION PROCESSING SYSTEM

MAINTENANCE SERVICE

0009 ANNUAL SYSTEM AND SOFTWARE MAINTENANCE

(12 MONTHS) IN ACCORDANCE WITH THE

STATEMENT OF WORK

RADIOSONDE

0010 ROBOTSONDE RADIOSONDE

520.00 EA

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 4 OF 48 EA-133W-16-RQ-0701

BALLOON NOZZELS

0011 BALLOON NOZZLES FOR THE ROBOTSONDE

RADIOSONDE

520.00 EA

0012 SHIPPING CHARGES

1.00 LO

Table of Contents

PAGE 5 OF 48 EA-133W-16-RQ-0701

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 Statement of Work

SECTION E INSPECTION AND ACCEPTANCE

E. 1 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

SECTION G CONTRACT ADMINISTRATION DATA

G. 1 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

SECTION H SPECIAL CONTRACT REQUIREMENTS

H. 1 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

H. 2 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

H. 3 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

SECTION I CONTRACT CLAUSES

I. 1 52.203-99 (Deviation 2015-02)

I. 2 FAR 52.212-5

I. 3 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

I. 4 52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE (DEC 2012)

I. 5 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

I. 6 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

I. 7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K. 1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L. 1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

L. 2 52.216-1 TYPE OF CONTRACT (APR 1984)

L. 3 1352.215-72 INQUIRIES (APR 2010)

SECTION M EVALUATION FACTORS FOR AWARD

M. 1 Method of Evaluation

PAGE 6 OF 48 EA-133W-16-RQ-0701

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 Statement of Work

National Weather Service

STATEMENT OF WORK

FOR

Meteomodem Robotsonde

(Acquisition Sensitive)

DEPARTMENT OF COMMERCE

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

NATIONAL WEATHER SERVICE

OFFICE OF OBSERVATIONS W/OBS32

1325 EAST WEST HIGHWAY

SILVER SPRING, MD 20910

PAGE 7 OF 48 EA-133W-16-RQ-0701

1.0 General

This Statement of Work (SOW) defines the work to be performed by the Contractor for the delivery of one (1) Meteomodem Robotsonde automated sounding system and five hundred and twenty (520) compatible M10 GPSonde radiosondes. The Robotsonde system will be installed at the National Weather Service (NWS) Sterling Field Support Center (SFSC) at

Sterling, VA for a total system characterization.

The Robotsonde ground system consists of hardware and software components whose function is to prepare a radiosonde for flight, inflate and launch a weather balloon with the radiosonde and associated flight train, receive and process meteorological data and transmit meteorological products to designated locations. The Robotsonde components interface with each other to provide a seamless radiosonde observation without on-site user intervention.

The total Robotsonde system consists of the ground system and M10 GPSonde radiosondes.

The Robotsonde supports six days of twice a day radiosonde observations, and is remotely configurable and controllable.

The tasks defined herein include:

Deliver the Meteomodem Robotsonde automatic radiosonde observing system to NWS and install.

Provide and run Acceptance Test Procedures (ATP) that shall verify the performance of the

Robotsonde hardware and software.

Provide on-site training to SFSC staff on the operation and maintenance of the Robotsonde sounding system.

2.0 Background

Since the late 1930’s, the National Weather Service (NWS) has measured vertical profiles of pressure, temperature, relative humidity, and wind velocity. The NWS has used primarily balloon-borne radiosondes for Upper-air Observations, as well as meteorological satellites, radar, wind profilers, and aircraft observations. While each system used by the NWS for

Upper-air Observations has different measurement capabilities, operating ranges, accuracies and resolutions, they are each capable of fulfilling one or more High-Level Upper-air

Observation requirements. The NWS conducts radiosonde observations twice-daily at all 92 upper-air stations and consumes approximately 70,000 radiosondes annually.

The NWS also cooperates with member countries of the World Meteorological Organization to maintain an extensive network of radiosonde observation stations, called the World

Weather Watch. Stations are spaced approximately 300 km apart on inhabited land masses.

This global cooperative effort provides the data meteorologists use to define and predict the weather in geographic areas for short and long range forecasts and warnings, and climatologists use for studying global climate trends.

PAGE 8 OF 48 EA-133W-16-RQ-0701

The Radiosonde Frequency Migration Project (RFMP) is initiated and overseen by

NOAA/NWS in response to a Presidential initiative to repurpose federal radio spectrum for private sector use. The legislation associated with this initiative, directed the Federal

Communications Commission to auction the 1695 to 1710 MHz band to wireless service providers. The result of this act required the NOAA Geostationary Operational

Environmental Satellite R-Series (GOES-R) system to move into a lower operational frequency band between 1679.7 and 1695 MHz. To avoid radio-frequency interference with

GOES-R signals being received at ground stations, radiosondes operating between 1675

MHz and 1683 MHz (hereafter known as the 1680 MHz band) will operate in 400.15-406

MHZ band (hereafter known as the 403 MHz band).

The Robotsonde automated observing system employs the 403 MHz spectrum band for its operation. The NWS seeks to procure one (1) Robotsonde automated observing system to characterize and determine if it will meet the NWS Upper Air Requirements and enhance the

NWS Upper Air observing capability to provide data critical for forecasting significant weather events.

3.0 Applicable Documents

The following documents form a part of this SOW to the extent specified herein. Reference documents shall be referred to as needed. The Contractor shall comply with the current document issue in effect on the date of Contract award.

a) Non-Government Documents

NFPA

National Fire Protection Association

2014 National Electrical Code (NEC)

3.1 Paragraph Referencing

When sections or paragraphs are referenced in this SOW, including references to sections or paragraphs in other documents, all subordinate sections or paragraphs to those references shall apply.

3.2 Precedence of Documents

In the event of conflict or inconsistency between any aspect of the solicitation or resulting contract and documents incorporated by reference in this SOW, precedence shall be given in the following descending order of importance:

• The Contract

• Statement of Work

• Referenced Documents

PAGE 9 OF 48 EA-133W-16-RQ-0701

4.0 Requirements

4.1 Robotsonde Delivery

The Contractor shall deliver one Robotsonde automated radiosonde observing system and a quantity of 520 radiosondes, no later than six (6) months after contract award, to the Sterling Field Support Center (SFSC), addressed below.

Sterling Field Support Center

43741 Weather Service Rd.

Sterling, VA 20166

4.2 Acceptance Test Procedure (ATP)

The Contractor shall deliver to the Government its ATP at least sixty (60) days prior to system delivery. The ATP shall verify the performance of all

Robotsonde hardware, operational, and software functions. The successful completion of all ATP shall confirm the Robotsonde is successfully installed and functioning properly. The on-site government representative shall witness all ATP and sign the Government acceptance form upon successful completion of the ATP(s). The Contractor shall remedy, to the satisfaction of the Contracting Officer, any defects or component failures during the ATP(s).

4.3 Meteomodem Robotsonde Installation

The contractor shall install all components, test all system operations, and conduct a minimum of 3 flights to validate proper operation. In addition the contractor shall support NWS staff in conducting flight operational procedures with ‘hands-on’ training for a minimum of 3 flights as specified in paragraph 4.7.

The contractor shall work with the government on-site representative to determine the proper location for the installation of the Robotsonde at

SFSC. The operation of the Robotsonde system and radiosondes shall not interfere or impede other equipment, buildings, towers, or structures. The

Contractor shall provide all necessary hardware for proper system installation.

The Contractor shall provide the Robotsonde site criteria for the installation to the government. The Contractor shall arrange for any local support services deemed necessary (crane, electrical etc.) for the

PAGE 10 OF 48 EA-133W-16-RQ-0701

installation and testing of the Robotsonde and associated equipment.

Vendor ATPs shall verify all system hardware and software functionality.

The Vendor shall conduct all needed on-site troubleshooting of the

Robotsonde in determining any source of observed excessive data loss or other performance issues (infant mortalities and other) for a period not to exceed 48 hours days after government acceptance.

The vendor shall provide to the Government the Robotsonde site criteria for the installation at least one hundred twenty (120) days in advance of the delivery. Power, ground, lightning protection, all pad requirements, and obstruction criteria shall be provided to the Government. The

Contractor shall conduct a site survey to ensure that SFSC is ready for the

Robotsonde installation.

4.4 Electrical Power Requirements

Primary power to the Robotsonde shall be single phase 120 VAC or 240

VAC, 60 Hertz. A main circuit breaker shall be provided in the power distribution panel provided by the Robotsonde manufacturer. The main circuit breaker and power distribution panel shall be sized in accordance with the National Electrical Code (NEC) for the connected load of the

Robotsonde system. A neutral bus bar and equipment grounding conductor bus bar shall be provided inside the power distribution panel.

The neutral bus bar shall be isolated from the equipment grounding conductor bus bar. The Robotsonde shall operate in the presence of poor power quality (e.g., continuity of service, variation in voltage magnitude, transient voltages and currents and harmonic content) and during and after transition to emergency backup power.

4.5 Radiosonde Specification

The radiosonde is a lightweight, all-weather meteorological instrument.

The radiosonde shall measure and report atmospheric pressure, temperature, relative humidity (RH), wind speed, wind direction, latitude, longitude and altitude after ground preparation and during flight. The radiosonde includes electronic circuitry and an antenna to receive and process signals from the Global Positioning System (GPS) for measuring radiosonde velocity and radiosonde position. The results of these thermodynamic measurements listed above and GPS signal processing shall be contained in the modulated radio-frequency (RF) signal transmission.

PAGE 11 OF 48 EA-133W-16-RQ-0701

The radiosonde transmitting frequencies shall be operator & system selectable in the range of 400.15 to 405.99 MHz. The radiosonde transmitting frequency selection shall be configurable to select available channels during subsequent releases.

All radiosondes of a specific model shall be identical, including pressure sensors, temperature sensors, RH sensors, associated circuitry, and processing algorithms.

4.6 Lifting Gas

The Robotsonde balloon inflation shall be compatible with helium and hydrogen. The Robotsonde shall provide the regulator necessary to connect the lift gas tanks to the Robotsonde.

4.7 Harmless Labels

The radiosonde shall have a Harmless Label as shown in Figure 2, on three different sides of the radiosonde. At least one Harmless Label shall be visible, when the radiosonde is lying on any of its sides. The label shall use the largest, legible and high contrast Arial font the side will permit without impacting the radiosonde performance. One of the sides with a

Harmless Label shall also include the label shown in Figure 3. The labels shall remain affixed to the radiosonde and be weather resistant such that they remain clearly legible for at least six months.

4.7.1 NOAA Symbol Label

The radiosonde shall have at least one (1) NOAA Symbol displayed as shown in Figure 1. The NOAA Symbol shall have a height not less than

2.5 cm and can be monochromatic. The NOAA symbol shall be located on the radiosonde side opposite of the temperature sensor.

PAGE 12 OF 48 EA-133W-16-RQ-0701

Figure 1 – NOAA Symbol

HARMLESS WEATHER INSTRUMENT

Figure 2 – Harmless Weather Instrument Label

Figure 3 – Additional Harmless Label

4.8 Robotsonde Software

The Contractor shall provide software and maintenance documentation, and delivery of software applications updates. A copy of the application software must be provided on electronic media, with instructions, in an executable format to allow for reinstallation.

4.8.1 Robotsonde Software Changes

The Contractor shall implement engineering changes to the software in accordance with paragraph 4.10 of this SOW, for the term of the contract.

This is a radiosonde, a balloon-borne instrument used by the NOAA National Weather Service (NWS) to obtain data aloft for weather forecasts and research. IT IS NOT

DANGEROUS.

PAGE 13 OF 48 EA-133W-16-RQ-0701

4.9 Technical Manuals

The Contractor shall provide Robotsonde operation and maintenance documentation within thirty days (30) days after the contract award. The

Contractor shall provide Safety Data Sheets (SDS) for all potentially hazardous materials in the Robotsonde or components.

4.9.1 Engineering Changes

The Contractor shall notify the Contract Officer (CO) and Contract

Officer’s Representative (COR) of system performance or functional impacts prior to implementing the proposed change.

4.9.2 Notification

The Contractor shall notify the CO and the COR within five (5) business days after determining that an engineering change proposal (ECP) is necessary. The message shall define the need for an engineering change, and identify system functions that will be impacted.

4.10 Training

The Contractor shall provide on-site operator and maintenance training for the Robotsonde system installed at SFSC, as specified in the Contract line items.

4.10.1 Operator Training

Operator training shall include; a minimum of three (3) radiosonde flights;

cover all Robotsonde functionality, utilities and; all operational scenarios both at the launch area and at the remote access point. Operator training shall include all necessary training materials, one-on-one instruction, and a presentation covering:

• Radiosonde preparation (loading of consumables) and preflight functions

• Preflight software preparation

• All software usage

• Launch and all flight functions

• Upper Air Messages generation and dissemination

• All flight related error messages

PAGE 14 OF 48 EA-133W-16-RQ-0701

Training shall occur within 1 week of successful system installation

4.11 Maintenance Training

Maintenance training shall cover all functional aspects of the system down to the lowest replaceable unit. Maintenance training shall include all necessary training materials, one-on-one instruction, and a presentation covering:

• Software maintenance functions

• All error messages

• Removal and replacement of the lowest replaceable unit

• Fault isolation procedures

• Preventative maintenance

5.0 Meteomodem Robotsonde System and Radiosonde Warranty

The Robotsonde and radiosondes delivered to the Government shall include a warranty for defects for a one-year period, beginning after acceptance by the Government. Robotsonde components and radiosondes under warranty shall be repaired or replaced at no additional cost to the Government and continue to be covered by the warranty as new items.

Any radiosonde failing either a Government test or a preparation requirement prior to launch within the warranty period, shall be repaired or replaced at no additional cost to the

Government.

The warranty shall include Robotsonde failures and performance issues due to Contractor workmanship during installation, equipment failures and latent defects. Upon installation and test completion, the Contractor shall remain on site, if necessary, to support and troubleshoot

‘infant mortality’ failures or performance issues for a period of time not greater than 48 hours after successful installation.

The Contractor shall rework and redeliver returned items under the warranty provision of the contract within 90 days of receipt from the Government.

5.1 On-Site Repair

Repair services shall cover the work required to conduct on-site repair and necessary replacement work of faulty system components. Contractor-

PAGE 15 OF 48 EA-133W-16-RQ-0701

certified personnel shall commence traveling within five (5) business days upon notification of a system failure to the Contracting Officer. On-site repair shall be provided in cases where the Contractor is unable to resolve the problem remotely in cooperation with the Government and where problems go beyond a simple unit replacement. On-Site repair shall be activated when serious faults have been found or reported during remote monitoring. Repair services shall not cover calibration, preventative maintenance activities, sensor cleaning or simple unit replacements.

Within five (5) days after completion of repairs, the Contractor shall provide the Government with a written report describing the work performed on site. This report shall contain a summary of the actions taken and the materials used.

PAGE 16 OF 48 EA-133W-16-RQ-0701

SECTION E

INSPECTION AND ACCEPTANCE

E. 1 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be:

NOAA/NWS/Sterling Field Support Center 43741 Weather Service Road Sterling, VA 20166

(End of clause)

PAGE 17 OF 48 EA-133W-16-RQ-0701

SECTION G

CONTRACT ADMINISTRATION DATA

G. 1 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

(Reference 1352.201-70)

PAGE 18 OF 48 EA-133W-16-RQ-0701

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H. 1 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(Reference 1352.209-72)

H. 2 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

H. 3 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

PAGE 19 OF 48 EA-133W-16-RQ-0701

SECTION I

CONTRACT CLAUSES

I. 1 52.203-99 (Deviation 2015-02)

52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements (DEVIATION 2015-02)(FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

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

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the

Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the

Contractor fails to comply with the provisions of this clause.

PAGE 20 OF 48 EA-133W-16-RQ-0701

I. 2 FAR 52.212-5

FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items (JUN 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009).

PAGE 21 OF 48 EA-133W-16-RQ-0701

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards

(Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

PAGE 22 OF 48 EA-133W-16-RQ-0701

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

PAGE 23 OF 48 EA-133W-16-RQ-0701

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

PAGE 24 OF 48 EA-133W-16-RQ-0701

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016)

(E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

PAGE 25 OF 48 EA-133W-16-RQ-0701

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

PAGE 26 OF 48 EA-133W-16-RQ-0701

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011) (E.O. 13513).

___ (43) 25.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

PAGE 27 OF 48 EA-133W-16-RQ-0701

_X_ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; 10 U.S.C. 2302 Note).

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

_X_ (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

PAGE 28 OF 48 EA-133W-16-RQ-0701

___ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67).

PAGE 29 OF 48 EA-133W-16-RQ-0701

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records

-- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

PAGE 30 OF 48 EA-133W-16-RQ-0701

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

PAGE 31 OF 48 EA-133W-16-RQ-0701

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

PAGE 32 OF 48 EA-133W-16-RQ-0701

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

I. 3 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

(Reference 52.203-17)

PAGE 33 OF 48 EA-133W-16-RQ-0701

I. 4 52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE (DEC 2012)

(Reference 52.204-12)

I. 5 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

(Reference 52.204-13)

I. 6 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

(Reference 52.212-4)

I. 7 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):

(End of Clause)

PAGE 34 OF 48 EA-133W-16-RQ-0701

SECTION K

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K. 1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

(a) Definitions. As used in this provision-- ``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

PAGE 35 OF 48 EA-133W-16-RQ-0701

business can demonstrate-

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology

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

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

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

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

``Service-disabled veteran-owned small business concern``

(1) Means a small business concern

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C.

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

``Successor`` mean 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

PAGE 36 OF 48 EA-133W-16-RQ-0701

circumstances.

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

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

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

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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 applicable to the NAICS code referenced…