FA568217R0042.docx

FA568217R0042

Section SF 1449 - CONTINUATION SHEET

HUNGARIAN TAX EXEMPTION NOTE

Price is inclusive of 27%VAT. Price may be adjusted to remove Vat once federa; tax exemtion is finalized between the countries.

DEFINITIZATIONSCHEDULE

The actual quantity of not-to-exceed (NTE) hours used are billed for under CLINs 0002, 1002 and 2002,for on-call emergency hours shall be definitized at the end of each respective base or option period of performance (o.e. CLIN 0002 shall be definitized within 60 days following its period pf completion as well as option CLINs as necessary.

English/Hungarian Translation/IServices

FFP

Nonpersonal services for English/Hungarian translation/interpreting liaison services as per Performance Work Statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: F1F1PH7157A001

SIGNAL CODE: A

NET AMT

On-call translation/interpreting liaison

LH

Nonpersonal services for on-call English/Hungarian/interpreting liaison services as per Performance Work Statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: F1F1PH7157A001

SIGNAL CODE: A

NET AMT

FFP

Nonpersonal services for English/Hungarian translation/interpreting liaison services as per Performance Work Statement (PWS).

FOB: Destination

NET AMT

LH

Nonpersonal services for on-call English/Hungarian/interpreting liaison services as per Performance Work Statement (PWS).

TOT ESTIMATED PRICE

CEILING PRICE

FFP

Nonpersonal services for English/Hungarian translation/interpreting liaison services as per Performance Work Statement (PWS).

NET AMT

LH

Nonpersonal services for on-call English/Hungarian/interpreting liaison services as per Performance Work Statement (PWS).

TOT ESTIMATED PRICE

CEILING PRICE

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2018

PSC 119 BOX 1000

APO 09745

F1F1PH

30-SEP-2018

F1F1PH

30-SEP-2019

F1F1PH

30-SEP-2019

F1F1PH

30-SEP-2020

F1F1PH

30-SEP-2020

F1F1PH

CLAUSES INCORPORATED BY REFERENCE

(ADDENDUM TO FAR CLAUSE 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017).

Failure to meet a requirement may result in a proposal rated non-responsive or unacceptable and therefore ineligible for award.

Complete blocks 12, 17a, and 30a, b, and c of the Standard Format SF1449. In doing so, the Offeror accedes to the contract terms and conditions as written in the solicitation, with attachments. The solicitation constitutes the model contract.

Acknowledged Solicitation Amendments. Provide all executed Standard Forms 30, or other appropriate amendment acknowledgements (if applicable).

Proposals must demonstrate a comprehensive understanding of the nature and scope of work required. The Government will not search for data to cure problems or address inconsistencies in proposals. The Government may consider any failure to comply with these instructions to be indicative of what could be expected from an Offeror during performance and may consider it a deficiency of the proposal.

Statements such as "will comply," "noted and understood," "IAW industry best practices/standards," etc. without supporting narrative are not acceptable. Cursory responses or responses that merely reiterate or paraphrase the Performance Work Statement (PWS) language will not be considered to satisfy the requirements of the Request for Proposal (RFP). Each Offeror shall submit a complete proposal in accordance with (IAW) these instructions.

The Government’s terms, conditions, and respective clauses contained within this solicitation are prescribed in accordance with United States Federal Acquisition Regulations (FAR), and are not subject to conditionally proposed revisions or changes requested by offerors. Offerors’ specific terms and conditions that may be contingently proposed for subsequent inclusion into the contract if awarded, will not be considered by the Government in its evaluation of proposals. Offerors that are not able to comply with the aforementioned conditions, will be determined as non-responsive to the solicitation requirements, and therefore will be removed from consideration for award.

Submit signed and dated offers to this office prior to the date and time specified in this RFP. Offers shall be submitted on the Standard Form SF1449.

1. PROPOSAL PREPARATION INSTRUCTIONS

1.1 To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. This section specifies the format and content that offerors shall use in this Request for Proposals (RFP). The intent is not to restrict the offerors in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes. Offerors must submit a proposal that is legible and comprehensive enough to provide the basis for a sound evaluation by the Government. Information provided should be precise, factual and complete. Legibility, clarity, completeness, and responsiveness are of the utmost importance.

Proposals shall contain a response to each of the areas identified below. Any proposal which does not provide as a minimum, that which is required in this solicitation may be determined to be substantially incomplete/non-compliant and not warrant any further consideration at the Government’s discretion. Proposals must be completed and self-sufficient.

0. In Addition the requirements outlined above required to determine responsiveness of prospective offerors, the proposal shall consist of two separate parts.

Factor I – Price Proposal Factor II - Technical Information

0. The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional price information will be requested. However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness and affordability of the price.

0. Complete the necessary fill-ins and certifications in provisions and in the on-line Representations and Certifications at www.sam.gov. Return the provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items along with the proposal. For other provisions and clauses in the solicitation, the offeror is required to submit the pages that require an offeror fill-in.

1.5.

5MB size limit per email.

If sending multiple emails, label each email as “1 of X” “2 of X” etc. so that receipt of all parts can be verified Suggest sending using a read receipt.

It is the offeror s responsibility to ensure the proposal is sent to the correct Government email address.

Italy Sealed envelope or package used to submit your proposal must show the time and date specified for receipt, Solicitation Number, and the name and address of the offeror.

Electronic copies must be submitted on CD or DVD. Flash drives will not be accepted.

Only one electronic copy is required.

The submittal due date for proposals is 07 August 2017 no later than 16.00 hours Central European Time.

Late proposals will be processed in accordance with FAR 52.212-1(f) ―Late submission, modifications, revisions, and withdrawals of offers.

Verify receipt of any mailed or delivered proposal with the contracting point of contacts as listed below:

Mr. Gualtiero Casadio /Mrs. Ornella Bresil.

Also you can address any questions or concerns you have to the POC mentioned above. Written questions will be accepted via email and may be sent to or ornella.bresil@us.af.mil or gualtiero.casadio@us.af.mil . For verification your written request was received, offerors may contact Mr. Gualtiero Casadio at 043 4-307931, Mrs. Ornella Bresil at 0434-307961. All questions must be submitted no later than 21 July 2017 at 16:00 hours CET.

0. In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful proposals.

0. The offeror shall apply all appropriate markings to the proposal including those prescribed in FAR 3.104.4, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information.

0. Vendors are encouraged to obtain both DUNS and NATO Cage Code through SAM registration (www.sam.gov). Vendors shall be SAM registered at time of proposal or demonstrate that SAM registration has been initiated.

2. PROPOSAL ORGANIZATION 2.1 The offeror shall prepare the proposal as set forth in the Proposal Organization (Table 2.2) below. The titles and contents of the volume shall be as defined in this table, all which shall be within the required page limitation and with the number of copies as specified. Pages exceeding the page limitation set forth in this section will be removed from the proposal and will not be read or evaluated and may render the proposal unacceptable.

Table 2.2. Proposal Organization

# PAGES

# OF COPIES

0. The page limitation for all volumes is inclusive of all material except: the front and back cover, title page, transmittal letters, tabs, and table of contents. When both sides on a page display printing, it shall be counted as 2 (two) pages. No material may be incorporated by reference. Each volume shall contain a table of contents. Tab indexing shall be used to identify sections.

0. All volumes shall contain pages 8 ½ X 11 inches or A4 paper size and text using no smaller than 10 pitch, Times New Roman Font. Elaborate formats, bindings or color presentations are not desired or required.

0. Further changes to the original clause 52.212-1.

2. Paragraph 52.212-1(c), Period for Acceptance of Offers is tailored as follows: The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers.

2. Paragraphs 52.212-1(d) and 52.212-1(h) and 52.212-1(i) do not apply to this acquisition.

1. FACTOR I - PRICE PROPOSAL

3.1 Provide a firm fixed price (FFP) proposal in accordance with the Contract Line Item Numbers (CLINs), by completing Section B on the Standard Form (SF) 1449 Continuation Sheet.

3.1.1 All proposed prices shall be submitted in Euro. Insert proposed unit and extended prices in the Pricing Schedule for a Base Year plus four (4) options (SF 1449).

1. FACTOR II – TECHNICAL INFORMATION

1. General: Information the offeror deems appropriate to address the technical criteria should be included in the proposal in an orderly format and be consistent with the evaluation criteria for award set forth in FAR Clause 52.212-2 including Addendum to FAR Clause 52.212-2 of this solicitation. Proposal paragraphs shall correspond to the below evaluation factors and pertinent Performance Work Statement (PWS) paragraph (where referenced). To facilitate evaluation, the information contained in Volume II shall be specific, detailed and clearly demonstrate that the offeror has a thorough understanding the requirement for the accomplishment of this effort.

0. Technical proposals must demonstrate the offeror’s ability to successfully meet the needs of the Government. All technical information shall be in English language. Documents in other than this language shall have an English translation attached. The offeror shall, at a minimum, address each item listed below individually.

1. Sub-factor 1:Technical Capability

Provide a narrative addressing professional requirements and experience listed in the Performance Work Statement (PWS), paragraphs 1.1 Description of Service and 5.1 Personal Qualifications and Requirements.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

1. The Government will award one contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is determined to be the lowest price technically acceptable (LPTA) proposal. This source selection is conducted in accordance with the Federal Acquisition Regulation (FAR) 13. These regulations are available electronically at the Air Force (AF) FAR Site, http://farsite.hill.af.mil. The Government may award without discussions, reserving the right to hold discussions if deemed necessary by the CO.

1. The following factors and respective sub-factors shall be used to evaluate offers:

1. FACTOR I – Price

1. FACTOR II – Technical Information Sub-factor 1: Technical Capability

1. A Lowest Price Technically Acceptable (LPTA) Source Selection Procedures in accordance with FAR part 13 will be utilized for the purpose of the Government’s evaluation of proposals and resultant award determination. Under LPTA evaluation process, Technical Information will be evaluated and rated on an acceptable or unacceptable basis, whereby unacceptability of any respective sub-factor will result in an unacceptable technical information rating

1. The Government will select the proposal with the lowest evaluated price from among those deemed responsive. Contract shall be awarded to the offeror who is deemed responsible in accordance with the FAR Part 9.1, whose proposal conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications, and all other information required by the solicitation) and, based on the evaluation factors, represents the lowest price technically acceptable proposal.

1. 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 offeror'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.

1. FACTOR I – Price. The offer will be evaluated on the Total Evaluated Price (TEP) including: Base Year and four (4) option periods and price for the potential 6 month extension covered by Federal Acquisition Regulations (FAR) 52.217-8- Option to Extend Services. The evaluation of this potential extension shall be accomplished by adding an additional 6 months using the same monthly prices as proposed for the final option period, to the total price for the basic requirement.

Explained: (Total Price for all priced CLINS) + (6 additional months at final option price) = TEP

High or unbalanced prices may serve as a basis for rejection of the proposal. The price evaluation will document the reasonableness and completeness of the total evaluated price. The offeror shall price each option period, although the exercising of the options is at the sole discretion of the Government and not guaranteed. Additionally, as this requirement is commercial, that will result in a “firm-fixed-price” contract, a competitive comparison of offeror’s Total Evaluated Price (TEP) will satisfy the requirement for price analysis, in establishing price reasonableness in accordance with FAR 13.106-3(a)(1)..

0. Arithmetic Discrepancies. For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by the offeror.

(A) Obviously misplaced decimal points will be corrected;

0. Discrepancy between unit price and extended price, the unit price will govern;

0. Apparent errors in extension of unit prices will be corrected;

(D) Apparent errors in extended prices per CLIN will be corrected.

0. For the purpose of offer evaluation, the Government will proceed on the assumption that the Offeror intends his/her offer to be evaluated on the basis of the unit price. The totals arrived at by resolution of arithmetic discrepancies listed above will be so reflected on the abstract of offers. These correction procedures shall not be used to resolve any ambiguity concerning which offer is low.

Reasonableness: Reasonable prices are those that, considering the type of business concern and organizational structure, reflect market conditions for the requested work and reasonable for both parties. A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business (ref. FAR 31.201-3). A contract will not be awarded to an offeror whose price is not determined to be fair and reasonable (cost realism will not be evaluated for this requirement). The Government may use any of the price analysis techniques to determine price reasonableness. Prices will be evaluated for balance IAW FAR 13.106-3(a)(1).

(2) FACTOR II – Technical - The government will evaluate technical proposals assigning an overall rating of Acceptable, or Unacceptable. This factor is met when documentation from the offeror successfully demonstrates the offeror’s ability to meet the needs of the Government based upon the below criteria. Any factor evaluated as “Unacceptable” will render the entire proposal unacceptable and, therefore, un-awardable. Only a proposal determined to be technically acceptable, either initially or as a result of discussions, will be considered for award. However, the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

Sub factor 1 – Technical Capability

This requirement is met when the submission of the narrative demonstrates successfully the professional requirements and experience listed in the PWS paragraph 1.1 Description of Service and 5:1 Personal Qualification and Requirements.

(3) Award process: The evaluation process is as follows; discussions may or may not be held, the Government reserves the right to hold discussions at any point during the evaluation:

(i) Process. All proposals will be checked to ensure compliance with the solicitation requirements and determine responsiveness of the proposal. If a proposal is deemed non-responsive it may be excluded from further consideration for award at this time. If a proposal is deemed responsive it will then be included in ranking of offers by price

(ii) Price Evaluation. Initially, offers shall be ranked according to price, including any option prices and 6 month extension IA W Far 52.217-8.

0. Acceptability. Next, the government technical evaluation team shall evaluate the technical proposals submitted by the two lowest priced offerors assigning a rating of Acceptable or Unacceptable. In order to be considered for award, the offeror’s Technical proposal must receive an overall “Acceptable” rating in all non-price factors. If the lowest priced of the two responsible proposals is evaluated as technically acceptable, that proposal represents the best value for the government and the evaluation process stops at this point. This proposal will then be evaluated for price reasonableness and balanced pricing in accordance with FAR 13.106. If the lowest price offer is rated, unreasonable or unbalanced the Government will then evaluate the proposal of the third lowest responsible proposals using the same process as outlined in this paragraph. This process will repeat until a proposal is evaluated as technically acceptable and has both reasonable and balanced pricing.

(f) Options. The Government will evaluate offers for award purposes by adding the total price for all options (including the 6 month extension IAW FAR 52.217-8) 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).

NOTE: Pricing for the option periods will be evaluated for use under Federal Acquisition Regulation clauses 52.217-8 and 52.217-9

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (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 https://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 --

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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 stock of which 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 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 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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(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 (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 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 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 [ ___ ] 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) 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 ( ___ ) 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 (COTS) item,” “component,” “domestic end…