FA4484-14-T-0013.doc

Section SF 1449 - CONTINUATION SHEET

Full Service VTE MXS/REPAIR (O&M FUNDS)

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of O&M Funded VTE.

FOB: Destination

SIGNAL CODE: A

NET AMT

Full Service VTE MXS/REPAIR (TWCF FUNDS)

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of TWCF Funded VTE.

NET AMT

Full Service VTE MXS/REPAIR (NAV FUNDS)

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of NAVAIR Funded VTE.

NET AMT

OVER AND ABOVE (O&M Funds) DO NOT PRICE

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period O&M Funded VTE NOT TO EXCEED $4000.00 DO NOT PRICE

NET AMT

OVER AND ABOVE (TWCF Funds) DO NOT PRICE

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period TWCF Funded VTE NOT TO EXCEED $500.00 DO NOT PRICE

NET AMT

OVER AND ABOVE (NAV Funds) DO NOT PRICE

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period NAVAIR Funded VTE NOT TO EXCEED $1000.00 DO NOT PRICE

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of O&M Funded VTE.

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of TWCF Funded VTE.

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of NAVAIR Funded VTE.

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period O&M Funded VTE NOT TO EXCEED $4160.00 DO NOT PRICE

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period TWCF Funded VTE NOT TO EXCEED $520.00 DO NOT PRICE

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period NAVAIR Funded VTE NOT TO EXCEED $1040.00 DO NOT PRICE

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of O&M Funded VTE.

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of TWCF Funded VTE.

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of NAVAIR Funded VTE.

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period O&M Funded VTE NOT TO EXCEED $4326.00 DO NOT PRICE

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period TWCF Funded NOT TO EXCEED $540.00 DO NOT PRICE

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period NAVAIR Funded VTE NOT TO EXCEED $1081.00 DO NOT PRICE

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of O&M Funded VTE.

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of TWCF Funded VTE.

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of NAVAIR Funded VTE.

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period O&M Funded VTE NOT TO EXCEED $4499.00 DO NOT PRICE

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period TWCF Funded VTE NOT TO EXCEED $562.00 DO NOT PRICE

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period NAVAIR Funded VTE NOT TO EXCEED $1124.00 DO NOT PRICE

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of O&M Funded VTE.

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of TWCF Funded VTE.

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of NAVAIR Funded VTE.

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period O&M Funded VTE NOT TO EXCEED $4679.00 DO NOT PRICE

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period TWCF Funded VTE NOT TO EXCEED $584.00 DO NOT PRICE

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period NAVAIR Funded VTE NOT TO EXCEED $1169.00 DO NOT PRICE

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of O&M Funded VTE.

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of TWCF Funded VTE.

NET AMT

FFP

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts equipment, and labor necessary to inspect, maintain and repair the VTE at JBMDL. See Appendix A of PWS for listing of NAVAIR Funded VTE.

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period O&M Funded VTE NOT TO EXCEED $2000.00 DO NOT PRICE

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period TWCF Funded VTE NOT TO EXCEED $250.00 DO NOT PRICE

NET AMT

FFP

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the base period NAVAIR Funded VTE NOT TO EXCEED $500.00 DO NOT PRICE

NET AMT

SITE VISIT INFORMATION

A site visit for the Vertical Transportation solicitation FA4484-14-T-0013 is scheduled for 10 AM 18 Jun 2014. Interested vendors are asked to arrive at the main gate entrance welcome center at Joint Base McGuire-Dix-Lakehurst no later than 0900 hours EDT to gain access on base. Vendors will be provided directions to the 87 Contracting Squadron Conference Room, building 2402 Vandenberg Avenue Joint Base Mcguire-Dix-Lakehurst for a briefing from the contracting officer before proceeding to a sample of locations of the Vertical Transportation Equipment on Joint Base McGuire-Dix-Lakehurst in a Government vehicle. Interested vendors are required to provide contracting with the following information: names of attendees, Social Security Numbers, Driver License Numbers, date of birth and State of Issue no later than 16 Jun 2014 by 1400 hours EDT. Vendors driving vehicles should also provide vehicle registration number and proof of insurance. Limit two attendees per company. Vendors may email this information to james.kelly.13@us.af.mil . Any questions can be emailed to the address stated.

PRICING SUMMARY

SUMMARY OF PRICES FOR BASE YEAR AND FIVE OPTION YEARS

BASE PERIOD (01 OCT 14- 30 SEP 15)

FIRST OPTION YEAR (01 OCT 15- 30 SEP 16)

SECOND OPTION YEAR (01 OCT 16 – 30 SEP 17)

THIRD OPTION YEAR (01 OCT 17 – 30 SEP 18)

FOURTH OPTION YEAR (01 OCT 18 – 30 SEP 19)

FIFTH OPTION PERIOD (01 OCT 19 – 31 MAR 20)

GRAND TOTAL (BASE PLUS FIVE YEARS)

NOTE 1: COMPLETE UNIT PRICES AND TOTAL AMOUNTS. TOTAL MUST BE EXACT. PLEASE ROUND OFF TO THE NEAREST CENT.

NOTE 2: IN CASE OF VARIATION BETWEEN THE UNIT PRICE AND ESTIMATED NET AMOUNT, UNIT PRICE WILL BE CONSIDERED THE OFFER.

NOTE 3: FAILURE TO PROVIDE PRICING ON ALL PRICED CLINS WILL BE CONSIDERED A NON-CONFORMING QUOTE AND WILL PRECLUDE THE QUOTE FROM ANY FURTHER AWARD CONSIDERATION. CLINS ANNOTATED WITH “DO NOT PRICE” ARE NOT TO EXCEED CLINS AND DO NOT REQUIRE PRICING.

NOTE 4: CLAUSES AND PROVISIONS IN THIS DOCUMENT WILL BE NUMBERED IN SEQUENCE, BUT WILL NOT NECESSARILY APPEAR IN CONSECUTIVE ORDER.

NOTE 5: INSTRUCTIONS TO OFFERORS FOR COMMERCIAL ACQUISITIONS, OFFEROR REPRESENATIONS AND CERTIFICATION- COMMERCIAL ITEMS AND QUOTE PREPERATION INSTRUCTIONS WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED TO BE INCORPORATED BY REFERENCE IN THE AWARD.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2015

MR. JOSEPH FLEMMING

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

609-754-4868

F3A3Q5

30-SEP-2015

F3A3Q5

30-SEP-2015

F3A3Q5

30-SEP-2015

F3A3Q5

30-SEP-2015

F3A3Q5

30-SEP-2015

F3A3Q5

30-SEP-2016

F3A3Q5

30-SEP-2016

F3A3Q5

30-SEP-2016

F3A3Q5

30-SEP-2016

F3A3Q5

30-SEP-2016

F3A3Q5

30-SEP-2016

F3A3Q5

30-SEP-2017

F3A3Q5

30-SEP-2017

F3A3Q5

30-SEP-2017

F3A3Q5

30-SEP-2017

F3A3Q5

30-SEP-2017

F3A3Q5

30-SEP-2017

F3A3Q5

30-SEP-2018

F3A3Q5

30-SEP-2018

F3A3Q5

30-SEP-2018

F3A3Q5

30-SEP-2018

F3A3Q5

30-SEP-2018

F3A3Q5

30-SEP-2018

F3A3Q5

30-SEP-2019

F3A3Q5

30-SEP-2019

F3A3Q5

30-SEP-2019

F3A3Q5

30-SEP-2019

F3A3Q5

30-SEP-2019

F3A3Q5

30-SEP-2019

F3A3Q5

31-MAR-2020

F3A3Q5

31-MAR-2020

F3A3Q5

31-MAR-2020

F3A3Q5

31-MAR-2020

F3A3Q5

31-MAR-2020

F3A3Q5

31-MAR-2020

F3A3Q5

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

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

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

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, 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 shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

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

(1) Past Performance

(2) Price PAST PERFORMANCE IS SIGNIFICANTLY MORE IMPORTANT THAN PRICE WHEN BEING EVALUATED.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM 52-212-2

Addendum to FAR 52.212-2:

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY REFERENCE.

BASIS FOR CONTRACT AWARD: This is a competitive selection in which competing offerors past performance history will be evaluated on a basis of more important than price. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices and performance records. The evaluation process shall proceed as follows:

A. Initially, offers shall be ranked according to price, including option prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Pricing Schedule by the unit price for each item to confirm the extended amount for each. Copies of the Pricing Schedule will be necessary in order to submit a quote for each Option Year.

B. The contracting officer shall seek recent and relevant performance information on the lowest five to seven offerors based on (1) the references provided by the offeror and questionaires (2) data independently obtained from other government and commercial sources. Relevant present/past performance is defined as performing preventive maintenance,repair, and inspection of Vertical Transportation Equipment. Recent past performance is defined as performed within the last three years. The government reserves the right to seek information on higher priced offerors if none of the lower priced offerors receive a “Substantial Confidence” performance assessment rating. The purpose of the past performance evaluation is to assess the degree of confidence the Government has in the offeror’s ability to perform preventive maintenance, repair, and inspection of Vertical Transportation Equipment. The assessment process will result in an overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence as defined in DoD Source Selection Procedures, Table 5, Performance Confidence Assessments. Past performance regarding predecessor companies, key personnel who have relevant experience, or sub-contractors that will perform major or critical aspects of the requirement will not be considered as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned the rating “Unknown Confidence”, meaning the rating is treated neither favorably nor unfavorably.

C. In evaluating past performance, the government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

D. If the lowest priced evaluated offer is judged to have a “Substantial Confidence” performance rating and the offeror is determined to be responsible, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

E. If the lowest priced offeror is not judged to have a “Substantial Confidence” performance confidence assessment, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have a “Substantial Confidence” performance confidence assessment or until all offerors are evaluated. The Source Selection Authority shall then make an integrated assessment best value award decision.

F. Offerors are cautioned to submit sufficient information and in the format specified in the quote preparation instructions to permit a meaningful assessment of past performance. Offerors may be asked to clarify certain aspects of their quote or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for quote revision.

G. The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013) ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

"Women-owned 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 its stock is owned by one or more women; or

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

"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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

(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 representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard 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 (n) 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 on ORCA.]

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

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, 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 to paragraphs (c)(8) and (9): 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 [ ___ ballot] is, [ ___ ballot] 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 [ ___ ballot] is, [ ___ ballot] 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 [ ___ ballot] is, [ ___ ballot] 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) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(11) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ___ ) is, ( ___ ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ___ ) has, ( ___ )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ___ .)

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)

(The offeror shall check the category in which its ownership falls):

___ Black American.

___ Hispanic American.

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

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

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

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

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 60-1 and 60-2), or

(ii) It ( ___ )…