H92240-14-Q-9021_-DRAFT.doc

Section SF 1449 - CONTINUATION SHEET

Advanced Shooting Instruction

FFP

Close Quarters Combat Training and Enhanced Tactical Shooting Instruction to be provided in accordance with the Performance Work Statement (PWS).

FOB: Destination

MAX

NET AMT

FFP

Close Quarters Combat Training and Enhanced Tactical Shooting Instruction to be provided in accordance with the Performance Work Statement (PWS).

MAX

FFP

Close Quarters Combat Training and Enhanced Tactical Shooting Instruction to be provided in accordance with the Performance Work Statement (PWS).

MAX

FFP

Close Quarters Combat Training and Enhanced Tactical Shooting Instruction to be provided in accordance with the Performance Work Statement (PWS).

MAX

FFP

Close Quarters Combat Training and Enhanced Tactical Shooting Instruction to be provided in accordance with the Performance Work Statement (PWS).

MAX

FURTHER PRICING INFORMATION

SAMPLE TASK ORDER

Sample Task Order 0001 is an awardable task order that may convert to an actual Task Order upon contract award.

MINIMUM AND MAXIMUM QUANTITIES

a) The Government, through the issuance of the first task order will satisfy the minimum quantity and amount for the life of the contract. There is no further minimum during the option periods.

b) The maximum quantity for the contract’s five-year period of performance (base year plus four one-year options) shall be any quantity or combination of the line items not exceeding $6,500,000.00.

EXHIBIT LINE ITEM (ELIN) STRUCTURE

a) Under each applicable CLIN, the Contractor shall use the proposed ELINs exclusively for pricing purposes at the basic contract and task order level.

b) The list of ELINs is to be proposed using Attachment 2- Pricing Section B.

The submitted ELIN rates will be used to price future task orders. Pricing shall include all costs to perform the course of instruction. Travel expenses will be paid in accordance with FAR 31.205-46 Travel Costs and the Joint Travel Regulations and conform to the requirements in the PWS.

IDIQ CONSTRAINTS

MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

A task order satisfying the minimum quantities as identified in the CONTRACT will be issued concurrently with the award of the base contract. The minimum will be considered met for the life of the contract with the issuance of the first task order.

CONTRACT CEILING

A contract ceiling of $6,500,000.00 will apply at the contract level not by CLIN. CLIN totals are estimates only.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$5,000.00

$6,500,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00

$3,000,000.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-JUL-2015

31-JUL-2016

31-JUL-2017

31-JUL-2018

31-JUL-2019

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO VENDORS--COMMERCIAL ITEMS (FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotes. Submit signed and dated quotes to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotes may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotes must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotes;

(3) The name, address, and telephone number of the Vendor;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the Vendor shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of quotes. The Vendor agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotes. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple quotes. Vendors are encouraged to submit multiple quotes presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of quotes:

(1) Vendors are responsible for submitting quotes, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotes or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of quotes; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of quotes and was under the Government's control prior to the time set for receipt of quotes; or

(C) If this solicitation is a request for quote, it was the only quotation received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that quotes cannot be received at the Government office designated for receipt of quotes by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Quotes may be withdrawn by written notice received at any time before the exact time set for receipt of quotes. Oral quotes in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile quotes, quotes may be withdrawn via facsimile received at any time before the exact time set for receipt of quotes, subject to the conditions specified in the solicitation concerning facsimile quotes. An quote may be withdrawn in person by a vendor or its authorized representative if, before the exact time set for receipt of quotes, the identity of the person requesting withdrawal is established and the person signs a receipt for the quote.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate quotes and award a contract without discussions with Vendors. Therefore, the Vendor’s initial offer should contain the Vendor’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in quotes received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the Vendor qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, quotes may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the Vendor specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all quotes exceeding $3,000, and quotes of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The Vendor shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the Vendor’s name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the Vendor to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the Vendor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An Vendor within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An Vendor located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The Vendor should indicate that it is an Vendor for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the Vendor acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Vendor does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Vendor. Vendors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting Vendors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed Vendor’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed Vendor and past performance information on the debriefed Vendor.

(3) The overall ranking of all Vendors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful Vendor.

(6) Reasonable responses to relevant questions posed by the debriefed Vendor as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.212-1 ADDENDUM

QUOTE PREPARATION and SUBMISSION INSTRUCTIONS

Vendors may submit written questions during the quote preparation period. All questions must be received no later than 7 September 2014 to allow NSWC adequate time to prepare and issue responses to all Vendors prior to the date and time set for receipt of quotes. NSWC will continue to accept written questions up to the closing time of the solicitation; however, time may not permit responses to those questions. Only written questions will receive a response. It is required that each question should include the document name, document date, specific page, paragraph, clause or other definitive citation requiring clarification. All questions shall be directed to the Contracting Office by email, citing at a minimum “H92240-14-Q-9021, CQC IDIQ” in the subject line at the following address:

WARCOM-contracts@navsoc.socom.mil

Comprehensive responses to the requirements of this Request for Quote (RFQ) are required to enable the Government to evaluate the Vendor’s understanding of, capability and approaches to accomplish the stated requirements. Quotes shall be submitted in accordance with the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote. The quote shall be valid for no less than 180 days from the date of RFQ closing, a statement affirming this fact shall be placed on the cover page of all quote volumes. The quote shall provide comprehensive responses to the areas provided for in this section. The quote shall be a complete response to the Attachment 1 Performance Work Statement and the requirements of this RFQ, taking into consideration required quantities and delivery schedules specified in this solicitation. The successful Vendor will be selected based on an evaluation of quotes as outlined in FAR 52.212-2.

To assure timely and equitable evaluation of quotes, Vendors must follow the instructions contained herein. Vendors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet a requirement may result in a quote being ineligible for award. Vendors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale in Volume 1.

VOLUME FORMAT AND CONTENT

Electronic quotes shall contain separate files for each volume. Individual emails shall not exceed 10 MB and shall not include .zip files.

To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for final quote submission. An E-mail quote that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for quote submission will be considered late. Therefore, it is incumbent upon the Vendor to ensure that its entire quote is received by the Agency by the designated due date.

The quote page format will be 8 1/2” x 11” except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”. A page is defined as one face of a sheet of paper containing information. Type shall not be less than 12 pitch. Elaborate formats or color presentations are not desired or required.

A. VOLUME 1: INTRODUCTION

The Vendor shall prepare Volume 1 contents as set forth below. No page limit.

Cover Letter The cover letter is considered the first page of the quote and shall include the following:

· Complete business address of the Vendor, the corporate name to be used on any resultant contract, and the remittance address if different from that above. If this name does not identify a "parent company" or sponsoring "corporation" name, also provide such identity, as appropriate.

· The Vendor’s Commercial and Government Entity (CAGE) Code and Dun & Bradstreet (DUNs) Number.

· Name, telephone numbers and e-mail address of person(s) to be contacted for clarification or questions to the quote.

Table of Contents

Signed SF1449: Completed and signed including that the quote is firm for a period of not less than 180 calendar days.

Fill-In Provisions: Contractor shall provide all fill-ins or certifications required by the solicitation, for inclusion in any resulting contract.

Terms and Conditions: The Vendor must include a statement that it either (a) agrees to the terms and conditions of this solicitation (which consists of the entire RFQ, including all documents, exhibits, and other attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or (b) takes exceptions to any terms or conditions of the solicitation, and clearly identifies those exceptions. Exceptions to any of the terms and conditions of this RFQ may be considered by the Government to be unacceptable.

B. VOLUME 2: TECHNICAL PROPOSAL

The Technical Proposal shall be as specific and complete as to clearly demonstrate to the Government that the Vendor has a thorough comprehension and capabilities to perform all aspects of the solicitation requirements.

Factor 1: Facilities - Vendors shall demonstrate using Attachment 7 that they can meet the PWS facility/equipment and facility location requirements. Vendors must provide sufficient information for the government to determine compliance.

Subfactor (a): Facilities/Equipment: Using Attachment 7, Vendors shall confirm they have the facilities and equipment that will enable them to perform the type of work specified in the PWS.

Subfactor (b): Facility Location: Using Attachment 7, Vendors shall provide the location of its range facilities that demonstrates work will be performed within a 100 mile radius of a Department of Defense (DoD) Installation with an armory.

Factor 2: Key Personnel – Under this technical factor Vendors shall provide:

• Provide resumes for seven (7) Instructors, to include current employment status. Resumes shall be sufficiently detailed to document qualifications required in the PWS, specific experience, achievements and associated timeframes.

• A statement that verification has been conducted for content of each resume submitted to include: dates of employment, job responsibilities and education.

• A thorough explanation of its ability to provide qualified personnel to meet the requirements of the PWS.

The Vendor shall limit Volume 2 to 20 pages, exclusive of the information provided in Attachment 7.

C. VOLUME 3: PAST PERFORMANCE

Factor 3: Past Performance: - Interested Vendors shall utilize Attachment 4- Past Performance Worksheet and Attachment 5- Past Performance Questionnaire. Past performance information provided by Vendors in response to this solicitation, and the information the Government may independently obtain from other sources, shall be used to evaluate past performance against the requirements set forth in this solicitation. The Vendor must state if the company has not performed any contracts within the size and/or scope of this contract. The Vendor shall limit Volume 3 to 5 pages.

Past Performance shall describe the Vendor’s past collective expertise used on previous contracts similar to the work to be performed (relevancy) under this contract. Vendors are encouraged to submit any information it considers relevant in demonstrating its ability to perform the proposed effort. Past Performance information is limited to three (3) of the most recent/current programs (within the last 3 years) that are similar in size, scope and complexity (relevancy) to this program. For each effort identified, the Vendor shall discuss problems encountered during performance and its approach to solving them, its approach to staffing, and any other constraints similar to those expected to be countered in performing the current requirement.

D. Volume 4: PRICE

The Vendor shall populate Attachment 2, Pricing Section B. There is no page limit to this volume.

(End of provision)

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

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

Factor 1 – Facilities: A vendor’s Facilities factor will receive a go/no go rating based on whether the quote demonstrated compliance with the requirements of Subfactor (a) Facilities/Equipment and Subfactor (b) Facility Location. A vendor must pass, i.e. receive a “go”, on both facilities subfactors in order to receive an overall “go” for technical. Quotes that do not clearly demonstrate compliance with the PWS requirements for Facilities subfactors (a) & (b) at the time of submission will not be evaluated further and will not be considered for award.

Subfactor (a): Facilities/Equipment: The Government will evaluate the Vendor’s facilities for compliance with the requirements contained in the PWS (Sections 4.1 through 4.1.18). Subfactor (a) will be evaluated on a go/no go basis.

Subfactor (b): Facility Location: The Government will evaluate the location of the Vendor’s facilities for compliance with the requirements contained in the PWS (Section 4.1.17). Subfactor (b) will be evaluated on a go/no go basis.

Factor 2 – Key Personnel: The Government will evaluate the qualifications and experience of the quoted Key Personnel to ensure they meet the minimum qualifications outlined in the PWS (Section 4.2.2). The Government’s evaluation will determine the extent to which the Vendor’s Key Personnel submission is comprehensive and clearly demonstrates the ability to provide highly experienced candidates who can perform the requirements outlined in the PWS.

Factor 3 -- Past Performance: The Government will evaluate the Vendor’s demonstrated ability to successfully perform the requirements of this solicitation as well as to determine the Vendor’s performance risk for the subject solicitation. In the case of a Vendor without a record of relevant past performance, or for whom information on past performance is not available, it will reflect neutrally.

Factor 4 – Price: The Government will evaluate the reasonableness of the Vendor’s “total price”, including all prices quoted for the basic contract and Sample Task Order 0001.

Factor 1 Facilities will be evaluated first, and will be given a rating of go/no go. If a vendor’s quote fails to meet the criteria specified for any of the Factor 1 subfactors, i.e. receive a “no go” rating thatquote will not be evaluated further. Quotes that pass/receive a “go” for Factor 1 will then be evaluated on the quality, understanding, and comprehensiveness of their submissions for Factor 2 and Factor 3. Weighting: Factor 2, Key Personnel, is equal in importance to Factor 3, Past Performance. Factor 2, Key Personnel, and Factor 3, Past Performance, when combined, are significantly more important than Factor 4, Price.

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

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

(End of provision)

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

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

(a) Definitions. As used in this provision:

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern--

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

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

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

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

“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 its stock 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 business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

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

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

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

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

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

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

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

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

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

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

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

(i) General. The offeror represents that either—

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

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

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(11) 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)(11)(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.

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

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

___ Black American.

___ Hispanic American.

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

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

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

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

(d) Certifications and representations required to implement provisions of Executive Order 11246—

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

(ii) It ( ___ ) 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 $100,000.) 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 Act--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--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 Act--Supplies.”

(2) Foreign End Products: