DRAFT_Combined_Synopsis-Solicitation.docx

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Subpart 12.6, as supplemented, with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued.

2. Solicitation number FA2487-18-Q-0004 is issued as a Request for Quote (RFQ). The Government intends to issue a single contract to one (1) offeror under this solicitation. However, the Government reserves the right to make no award if it is determined to be in the best interest of the Government. The Government reserves the right to cancel this RFQ either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse any quoter for any incurred costs.

3. The solicitation documents and incorporates provisions and clauses in effect through Federal Acquisition circular 2005-99, DFARS Change Notice 20180629, and AFAC 2018-0525.

4. This acquisition is a Full and Open (F&O) competitive acquisition. The associated NAICS is 334511, Search, Detection, Navigation, Guidance, Aeronautical, And Nautical System And Instrument Manufacturing with a size standard of 1,250 employees.

5. Contract line item number (CLIN):

0001: SPECTRUM EFFICIENCT GROUND RECEIVER

QTY: 45 Units

PSC: 5821

Contract type: FIRM FIXED PRICE

0002: DATA (Not Separately Priced) QTY: 1 Lot

PSC: 5821

Contract type: FIRM FIXED PRICE

1001: OPTION SPECTRUM EFFICIENCT GROUND RECEIVER

QTY: 15 Units

PSC: 5821

Contract type: FIRM FIXED PRICE

1002: OPTION SPECTRUM EFFICIENCT GROUND RECEIVER

QTY: 10 Units

PSC: 5821

Contract type: FIRM FIXED PRICE

6. The contractor shall provide Spectrum Efficient Ground Receivers (SEGR) equipment in accordance with the Technical Requirements Document (TRD) and Standard Telemetry Receiver Control Interface (STRCI) included in the contract.

7. Period of Performance: Delivery lead time will be determined based on the contractor’s quotation. The options to increase quantities may be exercised within 12 months after receipt of order.

8. The provision at FAR 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition and is incorporated by addenda.

9. The provision at FAR 52.212-2, Evaluation -- Commercial Items, applies to this acquisition.

10. Quoter(s) is(are) required to include a completed copy of the provisions at FAR 52.212-03, Offeror Representations and Certifications -- Commercial Items to include FAR 52.212-03 Alt I, with their quotation. Quoters shall complete only paragraphs (b) of this provision if they have completed the annual representations and certificates electronically via https://www.sam.gov. If a quoter has not completed the annual representations and certifications electronically at the SAM website, they shall complete only paragraphs (c) through (o) of this provision. In addition to FAR 52.212-03 and it’s Alternate I, a completed copy of provisions FAR 52.209-07 shall be included with their quotation.

11. The clause at FAR 52.212-04, Contract Terms and Conditions -- Commercial Items, applies to this acquisition including Addendum to FAR 52.212-4.

12. The clause at FAR 52.212-05, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. Clauses selected within the clause FAR 52.212-05 are applicable to this acquisition.

13. Additional contract requirement(s) or terms and conditions: None

14. Defense Priorities and Allocations System (DPAS) and assigned rating: DO-A7

15. Complete quotation is due NLT the date and time specified by the FedBizOps posting.

16. Please contact Mr. Nick Griswold at nicholas.griswold.2@us.af.mil, 850-883-1003 for information regarding this solicitation or to coordinate for hand delivery. The envelope used in submitting your quotation must be clearly marked with the solicitation number, date, and local time set for solicitation closing. NOTE: It is imperative that deliveries by commercial carrier, e.g. Federal Express, DHL, UPS, etc., identify the contents as a quotation.

Ship quotation to:

AFTC/PZIE

ATTN: Margaret Santos 308 West D Avenue, Building 260, STE 217

EGLIN AFB, FL 32542

NOTE: The Technical Requirements Documents are exclusively available to DoD contractors certified under the Defense Logistic Agencies (DLA) Joint Certification Program (JCP). Certification under the JCP establishes the eligibility of a U.S. or Canadian contractor to technical data governed, in the U.S., by DoD Directive 5230.25 and, in Canada, by the Technical Data Control Regulations (TDCR). A certification is required by U.S. or Canadian contractors that wish to obtain access to unclassified technical data disclosing militarily critical technology with military or space application that is under the control of, or in the possession of the U.S. Department of Defense (DoD) or the Canadian Department of National Defence (DND). Contractors must submit a DD Form 2345 to the U.S./Canada Joint Certification Office, along with a copy of the company's State/Provincial License, Incorporation Certificate, Sales Tax Identification Form or other documentation which verifies the legitimacy of the company. For a copy of the technical documents, please email the point of contact identified below with proof of certification. Address any questions, clarifications or concerns you may have via email to: Nick Griswold, nicholas.griswold.2@us.af.mil.

CLAUSES INCORPORATED BY REFERENCE

The full text of a provision or clause incorporated by reference may be accessed electronically at the Air Force FAR Site address: http://farsite.hill.af.mil/

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause-- “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

FAR 52.212-01 ADDENDUM TO INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN 2017) (DEVIATION 2018-O0013)

To assure timely and equitable evaluation of quotations, quoters must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in a quotation being ineligible for award. Quoters must clearly identify any exceptions to the solicitation terms and conditions and provide complete accompanying rationale. The Government will make the selection based on best value IAW FAR 13.106.

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in paragraph 4 above. However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotations. Submit quotations, to include all fill-in clauses to the office specified in this solicitation at or before the exact time specified in this solicitation. The quoter shall provide two (2) printed copies and one (1) digital copy (Compact Disc (CD) or Digital Versatile Disc (DVD)) of their quotation. Flash drives are not acceptable. Only 8 ½ x 11 inch pages are acceptable. Text font shall be no less than 8 point. Company proprietary information notices should be placed on top and/or bottom margins. Elaborate formats, bindings or color presentations are not desired or required. Digital copies shall be in a format readable by Microsoft (MS) Word 2003 (or higher), Adobe PDF, or MS Excel 2003 (or higher). In case of conflict between the paper copy and the electronic copy of the quotations submitted, the paper copy shall take precedence.

As a minimum, quoters must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotations;

(3) The name, address, and telephone number of the quoter;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary. The purpose of the technical factor is to assess the proposed approach, as detailed in its quotation, to satisfy the Government’s requirements outlined in the Statement of Work (SOW)(Attachment 1) and TRD (Attachment 2). The quotation will be evaluated against the criteria identified in FAR Clause 52.212-2 - Evaluation -- Commercial Items to determine whether the quotation is the best value to the Government. Address any questions, clarifications or concerns you may have via email to: Nick Griswold, nicholas.griswold.2@us.af.mil.

(i) The technical portion of the quotation shall include:

1. The Contractor shall provide a technical narrative (limited to 10 pages) demonstrating the quality of the quoter’s solution to meet the Government’s need as outlined in the SOW and TRD. In addition to proven technical capabilities, the narrative should also address known deficiencies and remedies in regard to the specifications

2. The Contractor shall provide two (2) complete sets of printed and one (1) electronic version of the Operator manuals. The manual shall come with all required diagrams, pictures and schematics to describe how to operate the receiver. The manual shall describe how to execute and/or operate every function offered in the receiver so that normal operation and receiver testing are not inhibited or prohibitively difficult to execute by a trained electronic technician. The manual shall be in finished form and will be considered unacceptable if in draft form. The manual will be evaluated by the Government and the results will contribute to the overall technical rating. Receiver Operator’s Manual shall include :

a. Mechanical interface data as specified in the TRD.

b. Electrical interface data as specified in the TRD. The contractor shall also provide operational and configuration data in order for the Government to accomplish the submission and approval of a DD-1494 Form. This data may be submitted as a standalone chapter in the Operators Manual.

3. The contractor shall provide a Production Test Report (PTR) in accordance with SOW 3.2.1. The PTR shall be separate from the operator manual. If the Government discovers significant discrepancies between the PTR and the evaluated ATP the submitted unit may be rejected (failed evaluation).

4. One (1) fully operational Telemetry Receiver IAW the specifications of the TRD. The receiver provided with the quotation will undergo powered on testing conducted by the Government. The ATP provides the test steps and procedures and the pass/fail criteria for the Government to use for evaluating the receiver against each specific requirement outlined in the TRD. The Government will use the PTR data to compare to the test results. The contractor’s presence at the ATP testing will not be permitted.

(5) Terms of any express warranty.

(6) Price and any discount terms. The quoter shall provide a price quotation for the receiver specified in the TRD. The quotation should state that the pricing will remain effective until 1 October 2018, at a minimum. The Government intends on awarding one FFP contract. Therefore, the quoter is encouraged to provide their best valued technically proficient receiver. The awarded contract will result in the purchase of 45 telemetry receiver units with options to increase the quantities. The price quotation shall include a total evaluated price (TEP) that includes the pricing for the base CLIN and option CLINs. (See paragraph 5 of the combined synopsis/solicitation for CLIN structure.)

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically) (See paragraph 10 of the combined synopsis/solicitation.);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) The quotation shall include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quoters that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. Acceptance of offers is not applicable, however the prices quoted should be valid until 1 October 2018.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of quotations.

(1) Quoters are responsible for submitting quotations, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due.

(2)

(i) Any quotation, modification, revision, or withdrawal of a quotation received at the Government office designated in the solicitation after the exact time specified for receipt is "late" and may not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition; and ––

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of quotations and was under the Government’s control prior to the time set for receipt of quotations; or

(C) If this solicitation is a request for quotations, it was the only quotations received.

(ii) However, a late modification of an otherwise successful quotations, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the quotations wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Quotations may be withdrawn by written notice received at any time before the exact time set for receipt of quotations.

(g) Contract award. The Government intends to evaluate quotations and award a contract based on initial quotations received. Therefore, the initial quotation should contain the best terms from a price and technical standpoint. The contracting officer will not establish a competitive range, conduct discussions, or otherwise use the procedures described at FAR 15.306. The Government may reject any or all quotations if such action is in the public interest.

(h) Multiple awards. The Government may accept any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section

Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925) Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST (https://assist.dla.mil/online/start/ ).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

Class Deviation 2018-O0013—Micro-Purchase Threshold, Simplified Acquisition Threshold, and Special Emergency Procurement Authority. Effective April 13, 2018. This deviation remains in effect until it is incorporated into the FAR or DFARS, or otherwise rescinded

(j) Unique entity identifier. (Applies to all offers exceeding the micro-purchase threshold and offers at any dollar value if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.)

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quote, the quoter acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through <https://www.acquisition.gov> .

(1) Debriefing. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on award(s) resulting from this solicitation from the contracting officer.

FAR 52.212-02 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

Reference FAR 52.212-2, paragraph (a) is hereby tailored as follows:

The evaluation will be conducted IAW FAR 12.6 and FAR 13.106. Contract award will be based on the evaluation of price and other factors. Technical responses will be evaluated in addition to price. Award will be made to the quoter who is deemed responsible IAW the Federal Acquisition Regulation (FAR), as supplemented, whose quotation conforms to the RFQ's requirements (to include all stated terms, conditions, representations, certifications, and all other information required by FAR 52.212-1 of this solicitation) and is determined to represent the best value to the Government. The best value is represented by the most technically proficient evaluated receiver as determined by the Government with pricing that has been determined by the Government, as reasonable. The Government will use pricing to make a selection decision only when two or more offerors are determined by the technical evaluation team to be technically equivalent. While the Government evaluation team will strive for maximum objectivity, the selection process, by its nature, is subjective and therefore professional judgment is implicit throughout the entire process. The following factors will be used to evaluate quotations:

(1) Technical:

The Government will evaluate the proposed Operator Manuals to determine whether the information is IAW the TRD and the instructions above. The Government will then evaluate the proposed receiver for adherence to the TRD specifications, and conduct the ATP testing to determine the level of performance of the proposed receiver. Based on the demonstrated results, the Government will determine the most technically proficient receiver and recommend for award. Since the best value represents the most technically proficient receiver, a product exceeding performance thresholds is highly desired but not required to be eligible for award.

(2) Price: The Government intends to rely on the comparison of the proposed prices to satisfy the requirement to perform price analysis. However, if the Government determines further analysis is necessary, price analysis will be conducted IAW FAR 13.106-3. Pricing that is determined to be unreasonable may not be considered for award.

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (NOV2017)

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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) 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—

(6) 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

(7) 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—

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

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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 for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Representations required to implement provisions of Executive Order 11246 --

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) 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…