RFQ_-_Combined_Synopsis_Solicitation_Final.pdf

H92240-19-Q-2035

COMBINED SYNOPSIS/SOLICITATION

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures found at FAR Part 13, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation on FedBizOpps; quotes are being requested and a written solicitation will not be issued.

Solicitation H92240-19-Q-2035 is issued as a Request for Quotation (RFQ).

Naval Special Warfare (NSW) intends to award a Firm Fixed Priced (FFP), Indefinite Delivery Indefinite Quantity (IDIQ) contract in support of this effort.

This solicitation is set-aside 100% for small business per the following:

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01, effective 20 Dec 2018, DFARS Change Notice 20190215, and SOFARS

SCN201811.

Quotes are due no later than 8 May 2019 at 0900 am Pacific Standard Time (PST).

Quotes must be valid for 90 days. Email is the only acceptable method of submission. All quotes must be emailed with the RFQ Number in the subject line. Contractors are responsible for verifying receipt of their proposals to this office before quote due date and time. See announcement point of contact information.

52.212-1 ADDENDUM -- INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (Oct 2018)

(m) Quote Preparation and Submission Instructions.

(1) The Quoter may submit written questions during the quote preparation period. All questions must be received no later than 0900 Pacific Standard Time on 30 April 2019 to allow adequate time to prepare and issue responses prior to the date and time set for receipt of quotes. 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 and quotes shall be directed to the Contracting Office by email, citing at a minimum “H92240-19-Q-2035” in the subject line at the following address: NSWK2@socom.mil.

(2) Comprehensive responses to the requirements of this Request for Quote (RFQ) are required to enable the Government to evaluate the Quoter’s capability and understanding to accomplish the stated requirements.

Quotes shall be submitted in accordance with the instructions herein. The quote shall be valid for no less than 90 days from the date of RFQ closing, a statement affirming this fact shall be included in the Introduction. The quote shall provide comprehensive responses to the areas provided for in this section.

The quote shall be a complete response to the requirements of this RFQ, inclusive of any applicable attachments, taking into consideration required quantities and delivery schedules specified in this solicitation. It is the quoters responsibility to ensure that the entire proposal is received to this office prior to the closing time and date. Individual emails shall not exceed 10MB. Any files over 10MB may be rejected.

NAICS code 611699 Small business size standard $11M mailto:NSWK2@socom.mil

(n) Quote Format and Content The quotation shall consist of 4 parts: (I) Introduction, (II) Technical, (III) Past Performance and (IV) Price information. Electronic quotes shall contain separate files for each volume. Individual emails shall not exceed 10MB. The quote page format will be 8 ½” 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 be no less than size 12 font. Elaborate formats or color presentations are not desired or required. Technical (Volume II) shall not exceed 5 pages, excluding resumes and certificates.

VOLUME I – Introduction Offerors shall provide the following information:

1. Contractor Name, Commercial and Government Entity (CAGE) Code, Dun and Bradstreet (DUNs) Number, and Tax Identification Number (TIN).

2. Name, telephone numbers, and email address of person(s) to be contacted for clarification or questions pertaining to the quote.

3. FILL IN CLAUSES: Offerors shall be registered in the System for Award Management (SAM) to be eligible for award. Quotes received without the completed copy of the provision at FAR 52.212-3 ALT I or completed SAM representation may be considered non-compliant. Quotes determined non-compliant may not be evaluated for award. Quoters must also provide all fill-ins for:

- 52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2018)

- 5652.204-9004 Foreign Persons (2006)

- 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

- 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or A Felony Conviction Under Any Federal Law (FEB 2016)

4. Terms and Conditions: The Quoter 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.

5. Specify quote validity period. The quote shall be valid for no less than 90 days from the date of RFQ closing.

**QUALIFYING CRITERIA** In order to qualify for evaluation, the offeror, inclusive of subcontractors/teaming arrangements, shall be Commercial Airlift Review Board (CARB) certified or a Department of Defense (DoD) approved Commercial Paratroop Operator Certified as of the solicitation closing date. If the offeror lacks such approvals, the offeror (inclusive of subcontractors/ teaming arrangements) will be considered “Unacceptable” and will not be evaluated further.

VOLUME II – Factor 1 – Technical Capability Offerors shall be as specific and complete as to clearly demonstrate to the Government the offerors thorough understanding and capabilities to perform all aspects of the solicitation requirements including technical approach/management and qualifications/experience of personnel. Simply stating that the offeror understands requirement and can or will comply will be considered inadequate. Quotes shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Offerors are cautioned not to simply rephrase or restate the Government’s requirements;

but furnish convincing narratives describing “how” they intend to meet the requirements.

Subfactor 1: Technical Approach/Management – The offeror shall submit a narrative response that clearly demonstrates its understanding of the technical/management approach to accomplishing the complexity and magnitude of the service requirements set forth by the PWS. The offeror’s approach shall demonstrate its ability to meet the Government’s technical requirements through its proposed technical knowledge, management capabilities, expertise, and understanding of the requirements of the PWS.

Subfactor 2: Qualifications and Experience of Key Personnel – The offeror shall demonstrate its approach for providing qualified personnel to meet all requirements outlined in the PWS. Offeror shall provide documentation demonstrating that all proposed personnel meet all requirements outlined in the PWS. Specific documentation, to include resumes and certifications, are required for all key personnel, to include all Instructors and Riggers. Resumes and documentation must be current and sufficiently detailed to verify and validate requisite qualifications, certifications, and experience. Offerors shall provide a statement that verification has been conducted for content of each resume submitted to include: dates of employment, job responsibilities, education and qualifications/ certifications.

VOLUME III – Factor 2 – Past Performance Offerors shall submit three (3) RFQ Attachment 4, Past Performance Questionnaires for past performance that occurred within the last three years from the date of issuance of this solicitation that is relevant to this requirement. At least two (2) past performance efforts shall be for the prime Contractor acting as a prime on the effort and at least one (1) from each proposed subcontractor, teaming partner, and/or joint venture performing 25% or more of the Task Order 0001 total amount. If the Offeror does not have subcontractors, teaming partners, and/or joint ventures performing 25% or more of Task Order 0001, the Offeror should submit an additional prime, reference to meet the three (3) required.

VOLUME IV – Factor 3 – Price Offerors shall complete Attachment 2 – Elin Chart (Tab 1) - Exhibit Line Item Numbers (ELIN) A001 and corresponding B001, C001, D001, and E001 ELINs to reflect all labor, materials, equipment and related costs to perform the services under this contract. Contractor submitted pricing under Attachment 2 will be valid for the life of the contract. Estimates provided under attachment 2 are solely estimates and are non-binding. Values under attachment 2 will be summed to arrive at a total evaluated price. Total evaluated price will auto calculate. Offerors shall not alter attachment 2 in any way. Failure to comply with this instruction may result in your quote no longer being considered for award.

The Quoter shall also complete Attachment 2 –Task Order 0001 (Tab 2). The Government may require additional “other than cost and pricing data” prior to award.

(o) Restriction on disclosure and use of data. Quoters that include in their quotes data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall –

(1) Mark the title page with the following legend:

This quote includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this quote. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this quote.

(p) To be considered timely. 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 in accordance with FAR 52.212-1. Therefore, it is incumbent upon the Quoter to ensure that its entire quote is received by the Agency by the designated due date.

(End of Provision)

MINIMUM GUARANTEE

This requirement is to establish a Five Year Indefinite Delivery Indefinite Quantity type contract issuing Firm Fixed Priced Task Order. The minimum guarantee under this contract is $2,500.00. The minimum guarantee under this contract will be satisfied by Task Order 0001 to be issued concurrent with the award of this contract. There is no minimum guarantee for subsequent ordering periods. The maximum value of this contract is not to exceed $6,000,000.00 over the five year life of the contract.

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

(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 – Technical Capability Subfactor 1 – Technical/Management Approach Subfactor 2 – Qualifications and Experience of Key Personnel

Factor 2 – Past Performance Factor 3 – Price

Factor 1 – Technical Capability and Factor 2 – Past Performance, when combined, are more important than Factor 3 – Price. Within Factor 1 – Technical Capability, Subfactor 1 – Technical/Management Approach and Subfactor 2 – Qualifications and Experience of Key Personnel will not receive individual ratings, but will be combined into one overall rating for Factor 1 – Technical Capability.

The Government contemplates award of a single-award Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation. Offerors are advised that the Government intends to evaluate offers and make award without requesting additional information or revised quotes; but reserves the right to do so if determined to be in the best interest of the Government. Therefore, the offeror’s initial quote should contain the offeror’s best terms from a combined Technical, Past Performance, and Price standpoint. The Government reserves the right to request additional information if the Contracting Officer later determines it to be necessary.

QUALIFYING CRITERIA: In accordance with 52.212-1 ADDENDUM, the Government will verify that the offeror, inclusive of subcontractors/teaming arrangements, is Commercial Airlift Review Board (CARB) certified or a Department of Defense (DoD) approved Commercial Paratroop Operator as of the solicitation closing date. If the offeror lacks such approvals, the offeror (inclusive of subcontractors/ teaming arrangements) will be considered “Unacceptable” and will not be evaluated further.

1. FACTOR 1: Technical Capability: Under the Technical Capability Factor, the Government will evaluate Subfactors 1 and 2 utilizing the combined Technical/Risk rating methodology contained within Table 2 below, resulting in an overall rating for Factor 1.

Subfactor 1: Technical/Management Approach: The Government will evaluate the degree to which the offeror’s proposed approach, including the offeror’s proposed technical knowledge, management capabilities, expertise, and understanding of the requirements of the PWS, meets or does not meet the Government’s technical requirements.

Subfactor 2: Qualifications and Experience of Key Personnel: The Government will evaluate the degree to which the offeror’s proposed approach, including providing qualified personnel to meet all requirements outlined in the PWS and specific documentation that demonstrates the requisite qualifications, certifications, and experience of key personnel, meets or does not meet the Government’s technical requirements.

Table 2: Combined Technical/Risk Rating Table

Adjectival Rating

Description

Outstanding

Quote indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Good

Quote indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Acceptable

Quote meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Marginal

Quote has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Unacceptable

Quote does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Quote is unawardable.

2. FACTOR 2: Past Performance: The Government will evaluate the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements.

Past performance will be initially evaluated to determine whether the offeror’s present/past performance is recent, and relevant or not relevant to the effort to be acquired. For the purposes of this evaluation, the following definitions apply:

Recency – Performance occurring within the last three years from the date of issuance of this solicitation will be considered “Recent”. Reports on contracts with nine months or less of performance will not be considered.

Relevancy – Relevant performance for this acquisition is to have provided similar size, scope and complexity support.

Second, the past performance evaluation will determine how well the offeror performed on the prior contracts. This past performance evaluation will not establish, create, or change the existing record and history of the offeror' s past performance on past contracts; rather, the past performance evaluation process shall gather information from customers on how well the offeror performed those past contracts.

In evaluating an offeror’s past performance, the Government may, at its sole discretion, consider information from sources outside the offeror’s quote. These considered sources will be held to the same parameters of evaluation as the offeror’s provided past performance information. The Government may review Contractor Performance Assessment Reporting System (CPARS) rating on other relevant contractors and may also consider Past Performance Information Retrieval System (PPIRS) ratings, regulatory agency databases, past performance questionnaires, information submitted by each Offeror with its quote, and other existing past performance information contained in either local or other databases, or from other Government sources or non-Government sources. General trends in a contractor’s performance may also be considered.

The Government reserves the right to contact references provided by the offeror, and otherwise verity statements and representations made in the offeror’s quote, but reserves the right not to contact all references.

Once all data has been gathered, the Government will assign an Acceptable or Unacceptable rating considering the Offeror’s performance. The ratings with definitions that will be utilized are contained within Table 3 below.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable."

Table 3: Past Performance Acceptable/Unacceptable Rating Table

Adjectival Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable

Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will successfully perform the required effort.

3. FACTOR 3: Price: Price will be evaluated for reasonableness in accordance with FAR 13.106-

3(a). The total evaluated price will be calculated from the Attachment 2 – ELIN Table (Tab 1- Base contract). In order to determine the total evaluated price, the value of all ordering periods, inclusive of the option at FAR 52.217-8, will be summed. The option provision at FAR 52.217-8 will be calculated by taking 50% of the value of the final ordering period. Attachment 2 will auto-calculate values.

The Government will evaluate Attachment 02 (Tab 2 – Task Order) to ensure pricing proposed at the task order level does not exceed the proposed pricing under Attachment 2.

(End of Provision)

The following PROVISIONS AND CLAUSES apply to this acquisition and will be incorporated into any resultant award:

52.202-1 Definitions 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.209-5 Certification Regarding Responsibility Matters 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

52.212-1 Instructions to Offerors-Commercial Items 52.212-4 Contract Terms and Conditions - Commercial Items 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.246-4 Inspection of Services -- Fixed Price

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Oct 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

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

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

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

(b) The Offeror represents that--

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS

(OCT 2018) ALTERNATE I (OCT 2014)

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

(6) 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

(7) 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 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 the stock of which is owned by one or more women; and

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

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

(b)

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

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

[Offeror to identify the applicable paragraphs at (c) through (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 is to be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) 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 to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 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:

LINE ITEM NO.

COUNTRY OF ORIGIN

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or 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

[List as necessary]

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. 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.:

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No.:

Country of Origin:

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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:

[List as necessary]

(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

Line Item No.:

Country of Origin:

[List as necessary]

(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…