Full Post N0016720Q0214.pdf

The Naval Surface Warfare Center Carderock Division (NSWCCD) has a requirement for engineering services in support of training of Modeling and Simulation software suite developed by T. Carroll & Associates. The NAICS code is 541330 and the Product/Service Code is R425.

The proposed purchase order is being solicited on a sole-source basis to T. Carroll & Associates, Inc. The proposed action is for engineering services in support of a Modeling and Simulation software suite developed by T. Carroll & Associates for which the Government intends to solicit and negotiate with only one source pursuant to FAR 6.302-1(a)(2)(ii). The basis for restricting competition is for the following reason: T. Carroll & Associates is the developer of the software and the only company that has the proprietary information for providing the support, which includes vulnerability assessments and training. The NSWCCD intends to award a firm fixed-price purchase order to T. Carroll & Associates using Simplified Acquisition Procedures.

Interested parties may identify their interest to this requirement by submitting a capabilities statement no later than 06 August 2020. This notice of intent is NOT a request for competitive proposals. However, all responses received by 06 August 2020 at 10:00 AM EST will be considered by the Government. Any questions must be received via e-mail by 30 July 2020 at

10:00 AM EST. A determination by the Government not to compete this proposed purchase order based upon responses to this notice is solely within the discretion of the Government.

Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

Inquiries should be directed to Patricia Vara at patricia.vara@navy.mil.

N0016720Q0214

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Engineering Support/Computer Pro Develop

FFP

Engineering support and computer program development support for vulnerability studies of aircraft carrier ship structures and shipboard equipment. In Accordance With (IAW) Performance Work Statement (PWS) FOB: Destination

PSC CD: R425

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot Travel

FFP

Travel in support of egineering services IAW PWS

PSC CD: R425

NET AMT

PERFORMANCE WORK STATEMENT

1.0 SCOPE

The NAVSEA PEO Carriers Program Office PMS 378 must complete the Live Fire Test and Evaluation (LFT&E) requirements in accordance with the Title 10 Congressional mandates for new combat system related platforms. Part of the LFT&E requirement includes a Final Survivability Assessment Report (SAR), a Full Ship Shock Trial (FSST), a Total Ship Survivability Trial (TSST), an Operational Requirements Document (ORD) and a Vulnerability Assessment Report (VAR).

2.0 APPLICABLE DOCUMENTS

None

3.0 REQUIREMENTS AND TASK AREAS

The contractor shall provide weapons effects engineering support and computer program enhancement support to NSWCCD. The work to be performed by the contractor shall include the following:

1) Documentation of the existing SVM, ULTSTR and HULLWHIP software

2) Conduct vulnerability assessments of US Navy platforms using SVM, ULTSTR and HULLWHIP

3) Perform or support experimental studies of US Navy platforms

3.1 Regular Maintenance and Documentation of the Legacy Vulnerability M&S Tools Including SVM, ULTSTR and HULLWHIP (Legacy) Software Suite The contractor shall provide support for maintenance and debugging of the Legacy Software Suite as identified in the tasks below.

3.1.1 - Support the maintenance of the LEGACY software to support changes in analysis modules that run within the software. This support shall include working with NSWCCD to develop the LEGACY software interfaces extensions, Target Description Files (TDF) extensions, Application Program Interfaces (APIs), TDF editor extensions, output graphics, and server extensions required to incorporate analysis module changes. Document changes to existing LEGACY software technical documentation, user manuals, software tooltips, and help files where relevant. The updated software shall adhere to generally accepted practices for explanatory comment lines in the software. Provide the updated software conveyed on compatible magnetic media or network along with a report in accordance with Contract Data Requirements List (CDRL_A002). For the length of this contract, the expectation is that few if any updates to the LEGACY codes will be required. In the event that any changes to the LEGACY codes are required then a Government engineer will be performing the changes to the LEGACY codes with guidance from the contractor.

3.1.2 - Provide support for fixes to bugs found in the LEGACY software. Both the contractor and NSWCCD may identify software bugs. For contractor identified bugs, the contractor shall submit the initial bug reports with supporting examples and shall fix the submitted bugs in the software. Upon compleaseion of the software fix, the contractor shall provide the updated software conveyed on compatible magnetic media or network. The updated software shall adhere to generally accepted practices for explanatory comment lines in the software. Provide a report in accordance with CDRL_A003, which addresses each bug by documenting the problem and identifying the changes made to the software in order to resolve the issue. For the length of this contract, the expectation is few if any bug fixes to the LEGACY codes will be required. In the event that any bug fixes to the LEGACY codes are required then a Government engineer will be performing the changes to the LEGACY codes with guidance from the contractor.

3.1.3 – Following completion of 3.1.2 above, the Contractor shall provide additional documentation to the Legacy Software Suite codes. This work includes expanding the help files, adding graphics to the help files, adding Legacy Software Suite tooltips, providing detailed technical documentation or expanded user manuals (CDRL_A004).

3.2: Support Vulnerability Efforts of US Navy Aircraft Carrier Platforms Using the SVM, ULTSTR and HULLWHIP (Legacy Software Suite) The Contractor shall provide support towards the execution of the LEGACY software to conduct and document vulnerability analyses of US Navy aircraft carriers to include Nimitz and Ford Class. At a minimum, weapons effects shall include air blast, thermal radiation, shock, underwater explosion bubble, shaped-charge jets, and fragments. In completion of this task area, the contractor shall:

3.2.1 – Assist with additional vulnerability analyses originating from review of the DRAFT VAR 4 UNDEX Supplement (VAR 4) Report and the DRAFT ORD Appendix (ORD) that were submitted to PMS 378 in FY20. This support shall include working with NSWCCD for guidance on the weapons effects analyses required. As part of the revision process, the Contractor may execute the Legacy Software Suite that model weapons effects phenomena and then incorporate the analytical results into the revises versions of the VAR 4 and ORD Reports. The contractor shall be responsible for the accuracy of data and its compatibility with the applicable programs. The Government will provide a facility for preparation of the US Navy ship models. The finished products shall be conveyed on compatible magnetic media or network. The Government will provide a facility for executing the Legacy Software Suite. The finished products shall consist of the final DRAFT VAR 4 and ORD Reports conveyed on compatible magnetic media or network. (CDRL_A004).

3.2.2 - The Contractor shall update the digitized descriptions of the Ford Class aircraft carrier from the design version used for VAR 4 to the as-built version used for the Final Survivability Assessment Report (SAR). This support shall include working with NSWCCD for guidance on the platform models required. The Contractor shall update the digitized descriptions of Navy platforms to include updated ship systems and equipment for input to the Legacy Software Suite. Input data shall be developed from GFI drawings, 3D product models, equipment descriptions, and system functional diagrams. The contractor shall be responsible for the accuracy of data and its compatibility with the applicable programs. The Government will provide a facility for preparation of the US Navy ship model. (CDRL A002)

3.2.3 - The Contractor shall execute the Legacy Software Suite codes to perform weapons effects analyses of CVN 78 to support the planning for the Full Ship Shock Trial (FSST) and the Total Ship Survivability Trial (TSST) which includes completion of the Damage Scenario-Based Engineering Analyses (DSBEAs). This support shall include working with NSWCCD for guidance on the weapons effects analyses required. The Contractor shall execute the codes that model weapons effects phenomena and then incorporate the analytical results into a document for presentation. (CDRL A004) The Government will provide a facility for executing the Legacy Software Suite.

3.2.4 - The Contractor shall leverage the knowledge of properties and data stored within the applicable Legacy Software Suite to assist in updating new models used by NSWCCD’s in-house survivability toolsets. This support shall include working with NSWCCD for guidance on historical use cases and methodology that may be used in a different application than the Legacy Software Suite. Guidance may include but is not limited to Vital Component (VCs) Kill Criteria (KC) and system deactivation logic.

The data and finished products shall be incorporated into spreadsheets or presentations as applicable.

(CDRL A004) The Government will provide a facility for executing the Legacy Software Suite and preparation of the US Navy Ship models. The Contractor will use their extensive background knowledge and experience of modeling VC and system deactivation diagrams to help Code 665 engineers update and transition to using the ASAP model. There are many cases where the way an item is modeled in SVM will not work as intended in the ASAP model. For that reason the Contractor shall provide support and guidance on how to model it differently to meet ASAP nuances (i.e aircraft bounding boxes, tank/structure VCs with certain KC). SVM uses Vulnerable Area tables for many component types. The Contractor shall assist Code 665 engineers understand the methodology utilized for the development of Vulnerable Area tables and work with Code 665 engineers to update the KC with alternate values (i.e changing frag VA tables to discrete whole values for a given plate array). The Contractor shall assist NSWCCD Code 665 engineers understand the hidden logic within system deactivation diagrams (ie.. in-depth review and presentation of a ZEDS system or CHW system for current carrier SVM/ASAP models). This task area may overlap with the “training efforts”.

3.2.5 - The Contractor shall execute the Legacy Software codes to perform weapons effects analyses of Ford or Nimitz class aircraft carriers to support vulnerability analyses requested by NAVSEA 05P and/or PMS 378. This support shall include working with NSWCCD for guidance on the weapons effects analyses required. The Contractor shall execute the codes that model weapons effects phenomena and then incorporate the analytical results into a document for presentation. (CDRL A004)

3.3: Lead Training Efforts On Using The Legacy Software Suite For Performing Vulnerability Studies of US Navy Aircraft Carriers The Contractor shall develop training materials and provide training on the execution of the legacy vulnerability M&S tools including LEGACY software, to conduct vulnerability assessments of US Navy platforms. At a minimum, the training materials and training on M&S of weapons effects shall include air blast, thermal radiation, shock, underwater explosion bubble whipping, shaped-charge jets, and fragments. In completion of this task area, the contractor shall:

3.3.1 - The Contractor shall develop vulnerability sections of the classified Weapons Effects Self Study course used in NSWCCD Code 665 that are specific to aircraft carriers including (CDRL_A005).:

- Carrier Protection Designs for Underwater Explosion (UNDEX) and Air Explosion (AIREX) threats;

Threat Descriptions, Damage Mechanisms, Protection of Critical Spaces, SURFEX protection, Protection Systems. These vulnerability sections shall be specific to carrier protection systems and the modeling methods/guidance for implementing in SVM/ASAP, so as not to repeat information in the MIT course.

- Carrier Damage Control (DC); Progressive Damage Mechanisms, Fire Protection, DC Operations, DC Systems, Flooding Control and Damage Stability. The Contractor shall identify the ship features for these systems that are unique to an aircraft carrier and or unique to Ford Class versus Nimitz Class.

- Carrier Vulnerability Assessments and Quantification of Vulnerability. The Contractor shall provide some background on the methodology utilized in SVM for the development and implementation of the 1, 2, 3, 4, 5 hit Pk/h sampling (i.e. 1000 trials uses all 1000 for 1 hit, and has a way of sampling depending on # of hits).

-Description of Ship and Ship Systems, Deactivation Diagrams (specifically the implementation of logic), Inactivation Probabilities (VA table background information with an example scenario i.e. aviation tire shop where VA table creation can be explained – supplement to 3.2), Component Kill Criteria, Damage Rules and Algorithms, Monte Carlo Procedures (what code/package is being used to create their Gaussian, uniform, and lognormal (biased) distributions), Weapon Hit Distributions, Vulnerability Assessment Reports (VAR)

- Carrier Vulnerability Assessments with Legacy Software Suite;

Program Architecture, Program Documentation, Description of Ship and Ship Systems, Deactivation Diagrams, Component Kill Criteria, Methodology for Software Execution

3.3.2 – The Contractor shall collect all digital platform description files and convert the Ship Description File (SDF) to the Target Description File (TDF) including system deactivation diagrams. The relevant names files and property files shall also be included in the archive. A selected platform from the archive shall be used in the training course developed. This specific portion of the training course shall include running a full simulation and providing the trainees with the resources to post-process the vulnerability results as done historically using the Legacy Software Suite.

4.0 TRAVEL

The contractor shall support the anticipated travel requirements for this task order as identified in the chart below.

Destination Number of Trips Number of Days Number of People

Newport News Ship Building 2 1 1

5.0 DELIVERABLES

The contract shall provide the following Contract Data Requirement Lists:

CDRL Title Data Item Description Applicable Section(s) A001 Contracting Officer’s

Management Report

DI-MGMT-81864A 3.1.1 – 3.3.2

A002 Computer Software

Product DI-IPSC-81488 3.1.1 and 3.2.2

A003 Systems Problem Report DI-MGMT-81232 3.1.2

A004 Technical Report-

Study/Services

DI-MISC-80508B 3.1.3, 3.2.3 – 3.2.5

A005 Training Material DI-ILSS-80872 3.3

6.0 GOVERNMENT FURNISHED RESOURCES

The Government will provide the Contractor with on-site access and the material and equipment required for the successful accomplishment of the work specified above. This material will include computer resources and needed ship data, information, background reports and other documents deemed necessary to perform the tasks to include:

- Ship Classification Guides (SCG) from NAVSEA 05P1.

- CVN 78 General Arrangement Drawings Rev J or later, 03 March 2017

Plans, drawings, specifications, designs, photographs, and any other information furnished by the Government shall remain Government property and shall be reproduced only as authorized in writing by the Government, shall be used for performance of the work under this task order only, and shall be returned to the Government upon request.

Such a request may be made during the period of performance or at termination or completion of the period of performance. After the period of performance, the Contractor shall thereafter make no further use of any information derived from GFI without prior written consent of the Government.

7.0 SECURITY REQUIREMENTS

During performance of this task the Contractor may be required to generate information classified to the level of TOP SECRET//NOFORN. The security requirements set forth in DoD Contract Security Classification Specification, DD Form 254, for the subject contract is hereby invoked and forms a part of this contract.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 05-AUG-2020 TO

30-NOV-2020

N/A NAVAL SURFACE WARFARE CENTER

CARDEROCK

CODE 664: NOEL MONARDES

9500 MACARTHUR BLVD

WEST BETHESDA MD 20817-5700

301-227-0280

N00167

0002 POP 06-AUG-2020 TO

30-NOV-2020

N/A (SAME AS PREVIOUS LOCATION)

N00167

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

DEC 2019

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-15 Defense Priority And Allocation Requirements APR 2008

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-3 Offeror Representations and Certifications--Commercial

Items

JUN 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

DEC 2017

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-2 EVALUATION--COMMERCIAL ITEMS

(a) Basis for Award

The Government has determined that an award to the responsible Quoter that submits the Lowest-Priced, Technically Acceptable (LPTA) quote in response to this solicitation will represent the best value to the Government. Quotes will be evaluated to determine the LPTA quote based on the following factors:

Factor 1 Price Factor 2 Technical Capability/Approach

A quote must be rated "ACCEPTABLE" for each non-price factor to be eligible for award. An "UNACCEPTABLE" rating for any non-price factor will result in the entire quote being rated "UNACCEPTABLE" overall; an overall rating of "UNACCEPTABLE" makes a quote ineligible for award. A quote must contain sufficient information to enable evaluators to determine acceptability; if there is insufficient information to determine acceptability of the quote, the quote will be rated “UNACCEPTABLE” overall. Each of the evaluation factors will be rated as set forth below. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability.

The Government will evaluate the lowest priced quote for technical acceptability. If it is not acceptable, the Government will evaluate the next lowest quote for technical acceptability, and so forth, to determine the lowest-priced, technically acceptable quote, at which point all evaluations will stop.

The Government reserves the right to request that the awardee reduce its total price, or adjust CLIN prices with no change to total price, in order to reduce administrative costs and avoid unnecessary burdens for the agency pursuant to FAR 13.002.

(b) Evaluation Factors Factor 1: Price Quotes must include a proposed price for each Contract Line Item Number (CLIN). The Government will determine prices by adding the total proposed price for all CLINS, including all options. Quotes will be ranked from lowest- to highest-priced.

Factor 2: Technical Capability The Government will evaluate the lowest priced Quote for acceptability of Technical Capability. If the quote is not found to be acceptable, the Government will evaluate the next lowest quote for acceptability of technical capability, and so forth, to determine the lowest-priced quote that is acceptable for Technical Capability.

Technical Capability evaluations will result in one of the following ratings:

TABLE 1 - TECHNICAL RATINGS

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

Minimum Requirements:

The following are the minimum requirements a quote must meet to be deemed acceptable for the Technical Capability factor:

1) Must meet the minimum specifications.

PRICE

Quoters responding to this solicitation are advised that, prior to award, the government may request quoters to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts.

QUESTIONS: Any questions in relation to this solicitation shall be submitted to Patricia Vara by email at patricia.vara@navy.mil. The cut-off date for questions is 10:00 AM on 30 July 2020.

(c) Contract Award The Government shall mail or email a written notice of award to the successful quoter. Upon receipt, the quoter shall either commence performance, or have an authorized representative sign the award and return it to the Contracting Officer; a binding contract is formed upon the earlier of either of those actions. The Government requests that the awardee return a signed copy or notify the Contracting Officer by email that it will deliver the items, within 7 days of receiving the award notice.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

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.

“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.

(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 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.

(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.

(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 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:

Line Item No. Country of Origin

(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, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other 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.”

Other Foreign End Products:

Line Item No. Country of Origin

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as…