DRAFT CSS TACRL 3 4.docx

DEPARTMENT OF THE AIR FORCE

UNITED STATES SPACE FORCE

Combined Synopsis/Solicitation

Tactically Responsive Launch (TacRL) 3 & 4

Requirement Title:

Mr. Robert Robson / robert.robson.1@spaceforce.mil General Information

1. This is a Combined Synopsis/Solicitation (CS/S) for commercial items utilizing FAR Subpart 13.5. This CS/S has been prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. This solicitation is being issued as a Request for Proposal (RFP).

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

Requirement Information

Description:

The United States Space Force (USSF), Space and Missile Systems Center (SMC), anticipates the award of two (2) Small Rocket Program–Orbital (SRP-O) Firm Fixed Price contract(s) to provide orbital launch services in support of the TacRL mission requirements as a result of this solicitation. Offerors may submit a proposal for TacRL-3 only, TacRL-4 only, or for each. The primary purpose of this acquisition is to provide orbital launch services for delivering payloads in support of the SMC, Launch Enterprise (ECL), Small Launch and Targets Division (ECLX), Rocket Systems Launch Program (RSLP).

The TacRL-3/4 missions consist of two vehicles per mission (four vehicles total across both missions). All four vehicles are identical. The TacRL Space Vehicle (SV) manifest requires a dedicated or a primary launch service. A primary launch service is defined as one in which RSLP directs the launch date and orbit, however, the launch solution’s excess capacity may be filled with Other Government Agency (OGA) Rideshare SV(s) and/or Commercial Rideshare SV(s). A dedicated launch service is one in which the Government reserves all capacity of the launch solution. The initial launch capability (ILC) dates are 30 April 2022 and 28 Feb 2023 for TacRL-3 & 4, respectively. TacRL-3 & 4 are Mission Assurance (MA) Category 1 launch services, Firm-Fixed Price (FFP), SRP-O separate contracts.

Bidder’s Library documents for this solicitation will be available from the PCO upon email request. Documents will be released via Compact Disc (CD) to potential bidders on file with the PCO. See beta.sam.gov posting for instructions.

TacRL 3 Attachments:

Attachment 1 – PWS Attachment 2 – MRD

· Appendix A – MA Cat1 Spaceflight Worthiness Certification Matrix

· Appendix B – SF-1407 Preaward Survey of Prospective Contractor (Financial Capability)

· Appendix C – SF-328 Attachment 3 – Model Contract Standard Form (SF) 1449 including Clauses

· Exhibit A - CDRLs Attachment 4 – Partial Delivery Payment Schedule

TacRL 4 Attachments:

Attachment 1 – PWS Attachment 2 – MRD

· Appendix A – MA Cat1 Spaceflight Worthiness Certification Matrix

· Appendix B – SF-1407 Preaward Survey of Prospective Contractor (Financial Capability)

· Appendix C – SF-328 Attachment 3 – Model Contract Standard Form (SF) 1449 including Clauses

· Exhibit A - CDRLs Attachment 4 – Partial Delivery Payment Schedule

FFP

Mission Design, Integration, and Launch Service

FFP

Data and Reports

FAR provision 52.212-1, Instructions to Offerors – Commercial Items (Jan 2017), applies to this acquisition. As prescribed in FAR 12.301(b)(1), the following addendum is provided for this solicitation and hereby amends any language therein:Instructions to Offerors

A. To assure timely and equitable evaluation of the proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including:

Per FAR 9.103, the contracting officer must make an affirmative determination of the offeror’s responsibility to make an award. Failure to meet a requirement may result in an offer being ineligible for award. The contracting officer will ensure the offeror has the financial resources necessary to perform the services of this contract(s) and will need to provide supporting documentation attesting to how the offeror meets the requirements of a U.S. Commercial Provider as part of their responsibility determination. Failure to meet the below requirements may result in the Offeror being determined ineligible for award.

Contractor Responsibility Financial Resources. IAW with FAR 9.104-1(a) a contractor must have adequate financial resources to perform the contract, or the ability to obtain them. The Offeror shall fill out highlighted portions of SF-1407 Preaward Survey of Prospective Contractor (Financial Capability), Appendix B, to help determine adequate financial resources.

U.S Commercial Provider. IAW FAR 9.104-1(g), for purposes of this award the Offeror must comply with the U.S Commercial Provider definition IAW Commercial Space Act of 1998, Title II Public Law 105-303.

The Offeror must provide supporting documentation and statement attesting to how the Offeror meets the requirements of a U.S. Commercial Provider.

The Offeror shall complete all portions of SF-328 Certificate Pertaining to Foreign Interest, Appendix C.

Notice to Offeror(s): Funds are not presently available for this effort. In accordance with FAR 52.232-18, Availability of Funds, the Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No award will be made under this solicitation until funds are available. Additionally, the Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

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. Additionally, the PCO must ensure that before a non-Government evaluator is given access to proprietary information, that the Government has received the consent of the offeror to provide access to the contractor who is to assist in the evaluation. Therefore, by signing the Model Contract, the offeror expressly provides its consent to the release of its proposal information to The Aerospace Corporation, a Federally Funded Research & Development Center (FFRDC), who will be acting as non-Government evaluators during the evaluation. Offerors that are not able to comply with the aforementioned conditions, may be determined as noncompliant with the solicitation requirements, and therefore could be removed from consideration for award.

B. Each proposal shall consist of two (2) separate volumes;

C. FAR 52.232-1, Payments, is included and a Partial Delivery Payment Schedule (Attachment 4 to this CS/S) will be included as an attachment to the resultant contract awards.

D. Proposal Submission Instructions:

1. The purpose of Volume II is to provide the offeror’s FFP and to provide information to the Government for preparing the contract documents and supporting file. Volume II shall be the submission of a signed copy of Attachment 3 – Model Contract SF1449, delivered with the SF1449 Continuation pages, the Addendum, the Contract Documents, and Exhibits and Attachments. The SF1449 shall not have any proprietary markings. Fill in the blanks in the SF1449. Specifically, fill in the following:

a. SF1449: The Offeror shall complete blocks 12, 17, and 30 on the face page, as well as their FFP for CLIN 0001.

b. Signature: The offeror’s signature on the SF1449 constitutes an offer, which the Government may or may not accept. Proposals without signature may warrant a rejection of the proposal submittal.

c. CS/S Provisions: Return the completed provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items Alternate I, found on page 9 of this CS/S. For any other clauses requiring an offeror fill-in, the offeror shall submit those as a separate attachment.

d. US Company: Volume II shall also include documentation from the Offeror which supports its classification as a US Company (as defined in Section A above).

Volume II shall be submitted to Ms. Alicia Cawley and Mr. Robert Robson by the response deadline. It is the offeror’s responsibility to confirm receipt of the proposal from the Government prior to the submittal due date and time. The offeror will then be contacted following the proposal response deadline to schedule Volume I, tentatively scheduled to start the week of __________, which will be presented in the form of an oral/visual presentation to the Government utilizing Microsoft Teams, Zoom for Government, or another TBD platform of equivalent capability. Instructions for the oral presentations are provided in Paragraph 1.0 General Instructions.

2. The Government is performing the evaluations in accordance with FAR Provision 52.212-2 and further detailed on page 6, Evaluation Criteria. Offerors who propose in accordance with the stated requirements of this CS/S will be invited to give an oral/visual presentation (Volume I) to the Government. Volume I is not a submission of any documents, either hard or soft copy. It is strictly a presentation. Offerors invited to present will be contacted and given a specified time and date.

3. All proposals/presentations shall contain sufficient detail for effective evaluation as detailed in Addendum 52.212-2 of this solicitation.

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

The submittal due date for proposals is ## XXX 2021, by 1200 hours Mountain Daylight Time (MDT).

E. Format for proposal Volumes I - II shall be as follows:

F. Further changes to the original FAR clause 52.212-1.

1. 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 120 calendar days from the date specified for receipt of offers.

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

G. Specific Instructions:

VOLUME I –TECHNICAL PRESENTATION

1.0 General Instructions

1.1 Proposal Format – The offeror’s proposal shall consist of an oral and visual presentation. The offeror SHALL NOT provide any hard copies for the Government, except for Attachment 3 – Signed Model Contract SF1449 including CLIN 0001 Price and CS/S Provisions and Clauses Fill-Ins (Volume II). Offeror will orally present any and all visual products. All information provided according to RFP instructions is subject to evaluation as described in the Evaluation Criteria section.

1.2 Oral and Visual Presentation Guidelines

1. Offerors will be contacted following the proposal response deadline for oral presentations tentatively scheduled to start the week of ________.

2. The presentation and Q&A/Clarification(s) session will be recorded by the government in their entirety

3. The draft schedule of events for the presentation day are as follows: (For Offerors proposing to one mission, i.e. TacRL-3 OR TacRL-4)

a. 8:00am – 8:30am: Time for all team members (Offerors and Government) to connect to meeting, check sound and slides, perform connection troubleshooting if necessary

b. 8:30am – 11:30am: Offerors Presentation

c. 11:30am – 2:00pm: Lunch/Government Caucus

d. 2:00pm – 3:00pm: Q&A/Clarrification(s) with offeror (if needed)

4. An additional schedule will be included in the final document for Offerors proposing to both missions.

5. Presentation Content. Presentations will only be evaluated based off of content, not presentation skill level. Offeror will orally present any and all visual products. The evaluation will be determined by the following four major technical categories (A. – D.). Each category has specific sub-criteria split into Technical Risk and Technical Capability. Additional details on how the Technical Capability and Risk will be treated are in the Evaluation Criteria section beginning on page 5. During the presentations the Offeror is to visually identify which of the below criteria (e.g. A-1, B-3, etc.) is currently being addressed, if any.

A. Orbital Insertion Technical Capability Criteria

1. Basic design of the proposed launch solution (dimensions, type of propulsion, materials).

2. Identification of any mission-specific modifications to basic design (e.g. payload adapters).

3. Performance analysis to demonstrate launch solution performance to proposed orbit (details to include SV and LSC mass allocations).

4. Launch site and/or launch platform basic design.

5. Identification of Ground Support Equipment required for launch execution.

Technical Risk Criteria

6. Maturity assessment of propulsion system (degree of design, build, and test effort completed).

7. Maturity assessment of avionics and guidance/navigation/control systems.

8. Maturity assessment of structures.

9. Maturity assessment of any ordnance or pneumatic systems.

10. Maturity assessment of mission software.

11. Description of flightworthiness approach (e.g. qualification and acceptance test policy).

B. Payload Accommodation Technical Capability Criteria

1. Basic design of the proposed SV / LV interfaces, including mechanical and electrical.

2. Identification of any mission-specific modifications to basic design (e.g. payload adapters, harnesses, etc.).

Technical Risk Criteria

3. Maturity assessment of SV/LV interface structures.

4. Maturity assessment of any ordnance or pneumatic systems.

C. Payload Processing Technical Capability Criteria

1. Facilities required for launch, including payload processing/integration/encapsulation.

2. Outline of launch campaign sequence of events for the proposed launch solution.

Technical Risk Criteria

3. Status of facility fabrication and installations.

D. Launch Readiness Technical Capability Criteria

1. Planned dates for PWS- and MRD-designated reviews and milestone events.

2. Outline of transportation modes planned to the integration and launch site(s).

3. Outline of launch campaign sequence of events for the proposed launch solution.

Technical Risk Criteria

4. Milestone dates for completing development of incomplete subsystems.

5. Readiness assessment of fabrication/manufacturing/test facilities.

6. Status of launch site and/or launch platform fabrication.

7. Status of Ground Support Equipment fabrication.

8. Status of integration/launch site environmental approvals.

9. Status of flight safety design approvals.

10. Status of FAA license process.

11. Status of planned launch manifest during the duration of proposed launch solution.

6. The oral presentations shall consist of a 3 hour block for the offeror’s presentation, followed by a 2.5 hour Government Caucus/Lunch, then a Q&A/Clarification(s) (if needed) with the offeror not to exceed 1 hour.

a. Offerors will not be penalized for not using the full 3 hour block of presentation time

b. If full 3 hour block is not used for presentation, once the presentation is complete the Government Caucus/Lunch will begin

7. During the Q&A/Discussion period any questions asked by the Government will be questions approved by the PCO.

8. At the end of the Q&A/ Clarification(s) period the PCO will read a standardized script instructing the offeror on the next steps of the evaluation team’s process.

9. The presentation will take place virtually. Specifics TBD.

VOLUME II - PRICE & CONTRACT DOCUMENTATION

1. Complete the Volume II in accordance with the proposal instructions described in Section D above. In doing so, the offeror accedes to the contract terms and conditions as written in this CS/S. Additionally, the PCO must ensure that before a non-Government evaluator is given access to proprietary information, that the Government has received the consent of the offeror to provide access to the contractor who is to assist in the evaluation. Therefore, by signing the Model Contract SF1449, the offeror expressly provides its consent to the release of its proposal information to The Aerospace Corporation, a Federally Funded Research & Development Center (FFRDC), who will be acting as non-Government evaluators. Please contact the PCO prior to receipt of proposals with any questions regarding The Aerospace Corporation’s participation, or if there is an issue with providing consent. Please understand that failing to provide consent may affect offerors’ ability to propose for this effort.

1. Firm Fixed Priced Proposals: In accordance with FAR 12.207 the resultant contracts will be Firm Fixed Priced. Accordingly, proposed pricing by offerors shall be firm-fixed, and not subject to revision and/or negotiation if selected for contract award. Ensure that unit prices are rounded to the nearest dollar. In accordance with FAR Subpart 13.5, the Government is authorized to use simplified acquisition procedures for the acquisition of these services, not to exceed $7.5M per resultant contract. A proposal which includes a price exceeding $7.5M (per resultant contract) is unawardable and will not be technically evaluated.

1. Proposals shall remain valid for 120-days after the closing date of this solicitation.

Evaluation Criteria

FAR Provision 52.212-2, Evaluation -- Commercial Items (Oct 2014), applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation and hereby amends any language therein:

BASIS FOR CONTRACT AWARD: The evaluation will be conducted using the Trade-off Process described in FAR 15.101-1 and the associated DFARS and AFFARS parts. There are two factors to the award decision: Technical and Price. The Technical Factor will be significantly more important than the Price Factor. Under the Technical Factor, each proposal will receive ratings for Technical Capability and Technical Risk. The Technical Capability rating will be either Acceptable or Unacceptable. Only proposals determined Acceptable for Technical Capability will be eligible for award. Among proposals determined Acceptable for Technical Capability, the award decision will be based on a best value trade-off between risk and price. The Decision Authority will select the proposal presenting the combination of risk and price providing the best value to the Government. This may result in the selection of a higher-price proposal if the Government determines that the higher-priced proposal presents a risk trade-off that provides more value to the Government.

The Government intends to award a contract without discussions. Upon completion of the Government’s initial evaluation of proposals, exchanges with offerors may occur, for purpose of clarifications and communications, in accordance with FAR Part 15. The Government reserves the right to conduct discussions with offerors for the purpose of negotiations, at any point during the evaluation if deemed in the best interest of the Government. Once discussions, if conducted, have been concluded, the Contracting Officer will request Final Proposal Revisions (FPR) from each of the offerors remaining within the competitive range. If the Government decides to enter into discussions and subsequently request FPRs, these will be conducted as an oral/visual presentation, similar to the format of the delivery of the initial technical proposal.

EVALUATION FACTORS FOR AWARD: Each proposal will be evaluated according to the two (2) factors (i.e. Technical and Price) described below. To be selected for award, a proposal must:

1. Be determined Acceptable with respect to Technical Capability

2. Be determined Low, Moderate, or High with respect to Technical Risk

3. Be determined Reasonable with regards to Price

4. Present the Technical Risk and Total Evaluated Price combination representing the best value to the Government based on a subjective, integrated assessment

BEST VALUE MATRIX

Technical Evaluation: Each proposal will receive two (2) ratings under the Technical Factor: Technical Capability and Technical Risk.

Technical Capability: The Government will evaluate Technical Capability on a pass/fail basis, assigning a rating of Acceptable, or Unacceptable (see Acceptable/Unacceptable Rating table below). Technical acceptability shall be evaluated against the following Technical Categories (A. – D.), below. At a minimum, the criteria presented in 1.2 #5 (page 4) will be used to determine if the offeror is Acceptable for each category. The offeror must receive an Acceptable rating for all four categories in order to receive an overall Acceptable rating for Technical Capability.

Technical Categories:

A. Orbital Insertion: Proposals will be evaluated based off of the offerors ability to have their launch vehicle (LV) place the TacRL-3 and or 4 space vehicles (SVs) into the parameters listed in Tables 3.1 and 3.2 (respectively) below from the MRD.

B. Payload Accommodation: The LSC shall accommodate the space vehicle volume and mass detailed in the MRD (MRD 007).

C. Payload Processing: The LSC shall provide the SV payload processing facility (PPF) and SV/LV integration and encapsulation facility (MRD 069).

D. Launch Readiness: The initial launch capability (ILC) date for TacRL-3 is 30 April 2022 or ATP+12 months (whichever is later). For TacRL-4 the ILC is 28 Feb 2023 or ATP+22 months (whichever is later).

Table 3.1: Insertion Orbit Parameters – TacRL-3

Table 3.2: Insertion Orbit Parameters – TacRL-4

a. A determination of acceptable or unacceptable will be assigned to the Technical Capability factor using the following ratings and descriptions:

Acceptable/Unacceptable Ratings

b. The Government will not select for award any offeror that receives a Technical Capability rating of Unacceptable.

Technical Risk: Any proposal that is evaluated for Technical Capability as Acceptable will also be assessed for risk relative to the Technical Categories and receive a single Technical Risk Rating based on the following scale. Any proposal that is evaluated for Technical Capability as Unacceptable will not be assessed for risk relative to the Technical Criteria and is unawardable. The Government will not select for award any offeror that receives an overall technical risk rating of Unacceptable

The evaluation will follow the definitions of weakness and significant weakness as follows:

Weakness is a flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant weakness is a flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Price Evaluation: The Government will evaluate the Firm Fixed price submitted in Attachment 3 – Model Contract SF1449. A proposal which includes a price exceeding $7.5M (per resultant contract) is unawardable and will not be technically evaluated. The Government Evaluation Team will present a Total Evaluated Price (TEP) to the Decision Authority. Offerors should propose the best available pricing to the Government for CLIN 0001. Price information submitted in each offeror’s price proposal, as required by the Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Items, will be evaluated to determine if proposed prices are fair and reasonable IAW FAR 15.305. Note that proposals that have been assessed to be Unacceptable with regards to Technical Capability, or have been assigned a Technical Risk Rating of Unacceptable, are ineligible for award, and may not receive a Price Volume evaluation.

The offeror’s proposal will be assessed for reasonableness, where reasonableness is an assessment of whether the price is too high. The price is reasonable, if, in its nature and amount, it does not exceed that amount which would be paid by a prudent person in the conduct of competitive business (FAR 31.201-3). Reasonableness may be established through adequate price competition if such competition is determined to exist. The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. 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. The Government may use any of the price analysis techniques in accordance with FAR 15.404-1(b)(2) to determine reasonableness. A determination of unreasonableness will render the proposal un-awardable. In addition, proposals that have been assessed to be technically unacceptable are ineligible for award, and as a result, a reasonableness determination will not be made for technically unacceptable, un-awardable proposals.

Provisions

FAR provision 52.212-3, Offeror Representations and Certifications -- Commercial Items with Alternate I applies to this acquisition; the offeror verifies by submission of their 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.

The provisions listed below have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. In accordance with FAR 52.252-1 and 52.252-2, the following provisions are hereby included by reference:

Provisions Incorporated by Reference:

52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 52.203-18, Prohibition on Contracting with Entities That Require Certain Internal Confidentiality Agreements or Statements – Representation 52.204-07, System for Award Management 52.204-13, System for Award Management Maintenance 52.204-16, Commercial and Government Entity Code Reporting 52.204-18, Commercial and Government Entity Code Maintenance 52.204-20, Predecessor of Offeror 52.204-22, Alternative Line Item Proposal 52.209-07, Information Regarding Responsibility Matters 52.209-11, Representations by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law 52.222-22, Previous Contracts and Compliance Reports 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representation 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation 252.203-7005, Representation Relating to Compensation of Former DoD Officials 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls 252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements

Provisions Included by Full Text:

52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (NOV 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"— Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

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

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

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

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

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

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

____ 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, 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) Representations required to implement provisions of Executive Order11246-

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

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

(ii) It □ has, □ has not filed all required compliance reports.

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

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

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

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

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

[List as necessary]

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

(g)

(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

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