RIAB_Combined_Synopsis_Sol_Amend_3.pdf

H92239-19-Q-0011 Amendment 3

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) This solicitation document, H92239-19-Q-0011 Amendment 3, is issued as a Request for Quote

(RFQ).

(iii) This solicitation document incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2005-101, effective 26 October 2018.

(iv) This requirement is 100% set-aside for total Small Businesses and only qualified vendors may submit quotes. Quotes received from other than small business will be rejected. The North American Classification System (NAICS) code is 334220, “Radio and Television Broadcasting and Wireless Communication Equipment Manufacturing”, with a size standard of 1,250 employees. This solicitation is issued under Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures for Certain Commercial Items and FAR Part 12.

(v) Prices shall be listed for each Contract Line Item Number (CLIN) of this RFQ. The following is a list of the associated CLINs:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 20 Each BW Broadcast TX600 V3 FM Transmitter

FFP

BW Broadcast TX600 V3 FM Transmitter, 110V Power Input,2U Form Factor FOB: Destination

PSC CD: 5820

NET AMT

0002 8 Each Hurry Up Mast, 24.3 ft, FFP

Hurry Up Mast, 24.3 ft, Will-Burt, Model 903614

0003 8 Each Drive on Base Plate for Hurry Up Mast

FFP

Drive on Base Plate for Hurry Up Mast, Will-Burt

0004 8 Each Antenna Mounting Stand

FFP

Antenna Mounting Stand

0005 8 Each SKB 8U Space Rack with in-line wheels

FFP

SKB 8U Space Rack with in-line wheels, TSA latches, and handles

0006 8 Each 2RU Accessories Drawer

FFP

2RU Accessories Drawer

0007 8 Each Directional Antenna 88 to 108 @ 10db

FFP

Directional Antenna 88 to 108 @ 10db of gain, vertical polarization, 500W dipole, N type connector AKSE/1N

0008 8 Each Omni Dipole Domountable N Type 500WRF

FFP

Omni Dipole Domountable N Type 500WRF Technologies Small, easy to no assembly or tuning, and will mount to the antenna mast with the order.

0009 10 Each Coax Cable Andrew Superflex Jumper

FFP

Coax Cable Andrew Superflex Jumper (N-type) Male - (Ntype) Female 100 feet, PN FSJ4-50B

0010 10 Each Coax Cable Andrew Superflex Jumper

FFP

Coax Cable Andrew Superflex Jumper (N-type) Male - (Ntype) Female 15 feet, PN

FSJ4-50B

0011 48 Each Andrew N Type Male Connectors

FFP

Andrew N Type Male Connectors, PN F4PNMV2-HC

0012 10 Each Hosa Unbalanced Interconnect, RCA to RCA

FFP

Hosa Unbalanced Interconnect, RCA to RCA, 3 ft Cable Input from laptop to transmitter, PN CRA-133

0013 10 Each Hosa Adaptor, RCA to XLR3M, GXM-133

FFP

Hosa Adaptor, RCA to XLR3M, GXM-133

0014 9 Each Digital Voice Recorder, Professional

FFP

Digital Voice Recorder, Professional Quality, Zoom H2N Handy Recorder, PN B005CQ2ZY6. Hand Held Digital Recorder. File types supported: WAV (up to 24 Bit/96KHZ & MP3) (up to 320KBPS) Functions include lo-cut filter, compressor/limiter, auto gain, pre-rec, auto-rec, tuner, metronome, variable speed playback, no less than 12 hours of operation using two standard AA batteries.

0015 9 Each SM58 or SM59 Microphone

FFP

SM58 or SM59 Microphone with a cable (not wireless)

0016 8 Each Tabletop Microphone Stand

FFP

Tabletop Microphone Stand

0017 8 Each Panosonic Toughbook, CF-54

FFP

Panosonic Toughbook with Button Box Automations with OEM WIN10 Disc, Model CF-54

0018 9 Each Tascam CD-RW900mkII Professional CD

FFP

Tascam CD-RW900mkII Professional CD Recorder * Unbalanced Analog I/O & S/PDIF Digital I/O * MP3 Playback & CD Text * New TEAC CD transport. Must be rack mountable. Balanced XLR outputs, unbalanced analog I/O, & S/PDIF Digital I/O. MP3 playback & CD Text.

0019 8 Each Honda EU2200i Companion Generator

FFP

Honda EU2200i Companion Generator

0020 8 Each 50' 12gauge outdoor 110V Extension Cord

FFP

50' 12gauge outdoor 110V Extension Cord

0021 5 Each

POWERVERTER ULTRA-COMPACT - DC TO AC

FFP

POWERVERTER ULTRA-COMPACT - DC TO AC POWER - 12V input, 1500W Output at 120VAC

0022 9 Each NATO Slave Cable for HMWVV

FFP

NATO Slave Cable for HMWVV service power 15 feet. Any gauge up to 10AWG.

The NATO Slave Cable will connect to the 24vdc to 120 vac inverter.

0023 5 Each

POWERVERTER ULTRA-COMPACT - DC TO AC

FFP

POWERVERTER ULTRA-COMPACT - DC TO AC POWER – 24V input 1500W Output at 120VAC

0024 9 Each

TRIPP LITE POWER STRIP RACKMOUNT METAL

FFP

TRIPP LITE POWER STRIP RACKMOUNT METAL 120V 5-15R 6 REAR

FACE OUTLET 1URM - POWER STRIP, PN RS-0615-R

0025 18 Each Soundbox Connected 0 Gauge Red / Black

FFP

Soundbox Connected 0 Gauge Red / Black Amplifier Amp Power/Ground 1/0 Wire Set 50 Feet Superflex Cable 25 Each, ANL Fuse Holder

0026 8 Each Canvas Bags For Antenna Cables

FFP

Canvas Bags For Antenna Cables capable of holding the following cables: Coax Cable Andrew Superflex Jumper (N-type) Male – (N-type) Female 100 feet, Coax Cable Andrew Superflex Jumper (N-type) Male – (N-type) Female 15 feet, Hosa Unbalanced Interconnect, RCA to RCA, 3 feet cable input from laptop to transmitter, Hosa Adaptor, RCA to XLR3M, Hosa Stereo Breakout, 3.52MM TRS to Dual XLR3M – 2M, 50’ 12 Gauge outdoor 110V Extension cord, NATO Slave Connector from HMWVV Service Power – 15 feet.

0027 500 Each Rack Mount Screws

FFP

Rack Mount Screws 10-32 X 5/8” Rack Rail Screws with 1/16” Flat Nylon Washers

0028 500 Each 4" Zip Ties

FFP

4" Zip Ties

0029 500 Each 8" Zip Ties

FFP

8" Zip Ties

0030 10 Each Hosa Stereo Breakout, 3.5 Mm TRS To Dual

FFP

Hosa Stereo Breakout, 3.5 Mm TRS To Dual XLR3m, 2m, PN CYX-402M

(vi) This requirement provides parts for the Radio in a Box (RIAB) requirement.

(vii) Parts will be delivered to Fort Bragg, NC. Delivery is due later than 2 week after the date of award.

All CLINs are FOB Destination.

(viii) The provision at FAR 52.212-1, Instruction to Offerors- Commercial Items, applies to this acquisition.

(ix) On CLINs 0021 and 0023 the Government desires to different types of Power Inverters; one type that takes 24V input and the other that takes 12V input. Both provide 1500W at 120VAC.

FAR 52.212-1 ADDENDUM

52.212-1 INSTRUCTIONS TO OFFERORS -COMMERCIAL ITEMS ADDENDUM

1) Replace paragraph (b) entitled “Submission of Offerors” with the following instructions:

(b) Submission of Quotes. Submit signed and dated quote at or before the date specified in this solicitation. Failure to provide all required documents or information may exclude the Vendors from further consideration. Only signed quotes submitted will be accepted. Quotes shall be submitted electronically to Mrs. Camille Mullis, Contract Specialist, camille.mullis.civ@socom.mil and Mr. Justin Burke, Contracting Officer, justin.burke@socom.mil.

This is an electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted to Federal Business Opportunities (FBO) at www.fbo.gov . It is the responsibility of each vendor to review the webpage for notice of amendments, updates, or changes to current information.

All inquiries during the solicitation phase should be directed to both Mrs. Camille Mullis and Mr.

Justin Burke. Vendors are requested to review the solicitation and submit only written questions and/or comments with email subject line reference: Ref: RIAB H92239-19-Q-0011. All questions must be submitted no later than Monday, 6 May 2019 at 11 A.M. EST. to allow a reasonable time for the Government to respond. All quotes are due no later than Wednesday, 15 May 2019 at 4:00 PM EST.

The quote shall be no more than10 pages (8.5 x 11 inch paper, Times New Roman, 10 font minimum, MS Word 2010 or earlier) and must contain the following:

TAB A-Factor 1: Technical Capability: The Vendor shall provide:

i. Subfactor 1: Parts: The Vendor shall provide a quote for all parts listed above in the CLINs. All parts are Brand Name or Equal. If providing equal alternatives, the vendor must provide documentation demonstrating how the parts are equal.

ii. Subfactor 2: Buy American Act Compliant: All quoted parts must be Buy American compliant or provided from a Qualifying Country or a World Trade Organization Government Procurement Agreement (WTO GPA) country as specified in the FAR and DFARS.

iii. Subfactor 3: Delivery. The Vendor must show how they plan to deliver the CLINs within 3 weeks of the date of award or sooner.

iv. Subfactor 4: Technical Experience: The Vendor must demonstrate that they have at least three (3) years of corporate experience in providing these types of supplies. Vendors must demonstrate their organizational experience based upon the depth and relevance to the work required under this RFQ.

TAB B - Factor 2: Price: The Vendor Shall provide:

i. Subfactor 1: Pricing: The Vendor shall provide its proposed pricing in accordance with the Contract Line Item Number (CLIN) structure in this combined/synopsis. The Vendor shall also include a total proposed price by adding all the CLINS together. All quotes will be ranked according to price. A vendor’s proposed prices will be determined by multiplying the quantities identified in the schedule by the proposed unit price for each CLIN to confirm the extended amount for each. All extended CLIN amounts will be totaled for evaluation purposes. Individual pricing for each line must be completed. Price will be evaluated for reasonableness. Reasonableness will be determined based on prices submitted by the competition, current market conditions, and comparison to the Government estimate, if applicable. If the Government deems this information is not sufficient to determine reasonableness, the Government may use other techniques as appropriate to determine price reasonableness for the acquisition.

TAB C - Acknowledgment of Solicitation Amendments. The vendor must submit a statement to acknowledge solicitation amendments, if applicable.

TAB D - Representations and Certifications. The vendor must complete and submit the required representations and certifications in accordance with FAR 52.212-3 Alt I and DFARS 252.212-7000.

2. Replace paragraph (c) entitled “Period for acceptance of offers” with the following instructions:

Period for acceptance of offers. The Vendor agrees to hold the prices in its offer firm for 30 days from the date specified for receipt of quotes.

3) Replace paragraph (e) entitled “Multiple offers” with the following instructions:

(e) Multiple quotes. Vendors should submit only one quote presenting the terms and conditions or commercial items for satisfying the requirements of this solicitation.

3) Replace paragraph (g) entitled “Contract Award (not applicable to Invitation for Bids) with the following instructions:

(g) Contract award (not applicable to Invitation for Bids). Quotations shall contain the Vendor’s best technical and price terms. The Government intends to evaluate quotes and award a contract without discussions with Vendors. Therefore, the Vendor’s initial quote should contain its best terms from a price and technical standpoint. The Contracting Officer will not negotiate with any Vendors other than those of the Government's choice and will not use the formal source selection procedures described in FAR Part

15. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest quote; and waive informalities and minor irregularities in quotes received.

4) Replace paragraph (h) entitled “Multiple awards” with the following instructions:

(h) Multiple awards. The Government will award on an "all or none" basis.

(ix) The Provision at FAR 52.212-2, Evaluation- Commercial Items, applies to this acquisition.

(a) The Government will award a contract resulting from this solicitation to the responsible Vendor whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate quotes:

1.0 BASIS FOR AWARD –

1.1 Basis of Award: The Government will award a contract resulting from this solicitation to the responsible Vendor whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The policies and procedures under the Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with FAR Subpart 13, Simplified Acquisition Procedures, will be utilized for this procurement.

1.2 The Government's technical evaluation team will evaluate the quote to determine if it is either Technically Acceptable or Technically Unacceptable (price excluded). In order to be considered Technically Acceptable, the quote for each factor must be determined Acceptable. Failure to meet the criteria will render the quote to be Technically Unacceptable and will not be considered for award.

1.3 The Government will evaluate the quote strictly in accordance with this solicitation and will not assume that performance will include areas not specified in the Vendor's submission.

1.4 The Government intends to award the contract without discussions. Therefore, the quote should contain the Vendor's best terms from Technical Capability and Price Reasonableness standpoint.

Additional oral or written information from the Contractor may be requested. The Government reserves the right to conduct discussions. If a revised quote is requested, it will be evaluated against the same criteria as was the initial quote.

2. EVALUATION CRITERIA

The Government will use the criteria set forth below to evaluate and select the awardee. Evaluation criteria consist of two (2) evaluation factors. The quotes will be evaluated under the following evaluation factors:

Factor 1: Technical Capability Subfactor 1: Parts (Brand Name or Equal) Subfactor 2: Buy American Act Compliant Subfactor 3: Delivery (3 weeks after the date of the award or sooner) Subfactor 4: Technical Experience

Factor 2: Price

Assigning Ratings: All factors will be assigned one of the ratings defined below. To be considered technically acceptable, Vendors must demonstrate the capability to provide the required parts within the three week delivery timeframe. The Government will not roll up subfactors for an overall Factor 1 rating. In order to be considered for award, there must be an “acceptable” rating in every technical subfactor.

Table A-1. Technical Acceptable/Unacceptable Ratings Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the

Factor 1 - Technical Capability.

i. Subfactor 1: Parts (Brand Name or Equal): The Vendor’s quote will be evaluated to ensure that all parts are those specified in the CLINs or an equal alternative. The Vendor must provide documentation demonstrating that proposed alternative(s) meet or exceed the specification of the respective CLIN.

ii. Subfactor 2: Buy American Act Compliant: The Vendor’s quote will be evaluated to see if all quoted parts are Buy American compliant or provided from a Qualifying Country or a World Trade Organization Government Procurement Agreement (WTO GPA) country as specified in the FAR and DFARS.

iii. Subfactor 3: Delivery: The Vendor’s quote will be evaluated to determine if they demonstrated how they plan to deliver all CLINs no later than 3 weeks after the date of award or sooner.

iv. Subfactor 4: Technical Experience. The Vendor’s Technical Experience will be evaluated to ensure that the Vendor has at least three (3) years corporate experience in providing these types of supplies. The Government will evaluate each Vendors organizational experience on the basis of it depth and its relevance to the work that will be required under the resultant contract.

Factor 2 - Price.

As authorized under FAR Subpart 13, simplified procedures will be used to evaluate quotes and award the contract. Proposed price will be evaluated for reasonableness using the price analysis techniques provided under FAR Part 13.106-3. Price shall be quoted in accordance with the CLIN(s) structure (0001-0030) provided, in the event an award is made. The Government will roll-up CLIN prices into an overall total price for the overall evaluated price. The unit price shall include a firm fixed price for each priced CLIN. Quotes shall remain valid for a minimum of 30 days. The Government intends to award a contract based on contractor’s responsibility and determination of a fair and reasonable price.

(x) The Provision at FAR 52.212-3 Offeror Representations and Certifications Commercial Items, applies to this acquisition. The Offeror’s representations and certifications must be entered within the System for Award Management website (www.sam.gov) for consideration for award.

(xi) The Clause at FAR 52.212-4 Contract Terms and Conditions Commercial Items, applies to this acquisition.

(xii) The Clause at 52.212-5 (Deviation) applies to this acquisition.

(xiii) The following FAR provisions and clauses apply to this acquisition:

CLAUSES INCORPORATED BY REFERENCE

52.232-1 Payments APR 1984 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items JAN 2019 52.247-34 F.O.B. Destination NOV 1991 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7003 Report of Intended Performance Outside the United States and Canada--Submission with Offer

OCT 2015

252.244-7000 Subcontracts for Commercial Items JUN 2013 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

OCT 2016

CLAUSES INCORPORATED 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 via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“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 posted electronically on the SAM website.

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

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on 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:

(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 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, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

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

For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

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

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

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

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

(ii) Examples.

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

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

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

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

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

[The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countriesof Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ___ ) Outside the United States.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ___ ) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards.

(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

[ ___ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003- 4(c)(1). The offeror ( ___ ) does ( ___ ) does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

[ ___ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ___ ) does ( ___ ) does not certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each…