- HC102121QA067.v1.pdf

IQO INQUIRY

FM: PL52

TO: Contractors

DATE (MM/DD/YYYY): 4/28/2021

SUBJECT: HC102121QA067

A. TYPE ACTION: START

1. PURPOSE: 1. PURPOSE: Start a dedicated service to provide, install, maintain a DISN 45MBPS PT-PT Layer 2 Ethernet Circuit between DISA Defense Enterprise Commuting Center (DECC), Combined Joint Operation Center, Jordan and The US Embassy in Cairo, Egypt.

2. The service date is August 12, 2021, but not later than eight weeks after receipt of order. Customer desires and will accept an earlier service date.

3. Offeror may request in writing questions of any specification, parts or terms and conditions of this solicitation. No verbal request of information or question will be accepted. All questions shall be submitted to the DITCO-SWA Contracting Office no later than May 13, 2021 at 10:00 am Bahrain local time. The Government may choose not to answer or consider questions received after this time.

4. Telecom Provider (TP) shall conduct a kick-off teleconference meeting with DITCO and local POCs within ten business days after receipt of order.

5. Proposal submission: TPs are authorized to submit their proposal to DITCO-Europe SWA Procurement Branch Contract via e-mail at maria.r.wells.civ@mail.mil, anh.t.carlton.civ@mail.mil, and disa.stuttgart.ditco.mbx.pl52@mail.mil.

If there are more than two locations, their information will be found in Attachment B to this Order.

B. ALLA NUMBER:

C. TSP AUTHORIZATION CODE/RESTORATION CODE: TSP0KUCAP-01

D. DEMANDER'S CODE:

E. SERVICE DATE (MM/DD/YYYY): 8/12/2021

F. TYPE OF CIRCUIT:

1. BANDWIDTH/DATA RATE: 45 Megabits Per Second

2. SIGNALING MODE: No Signaling

G. LOCATION OF TERMINATION A:

1. ADDRESS: (BLDG) NEW DISA DKET; JORSOCOM, C2 BLDGIT COMMUNICATIONSATTN:

COMBINED JOINT OPERATIONS CENTER -JORDAN (CJOC-J)09337LATITUDE: 32*01;23.8"

NLONGITUDE: 36*07'43.3" E

HC102121QA067

2. ROOM: EQUIPMENT ROOM; 1ST FLR

H. LOCAL PART A:

1. EXTENSION OF TELECOMMUNICATIONS SERVICE: All facilities between vendor's commercial communications interface point and termination location shall be provided by vendor. All cables shall be run in accordance with local site standards

2. INTERFACE: INTERFACE: 1000BASELX, SM FIBER, SC CONNECTOR

3. DEMARK: C2 BLDG IT COMMUNICATIONS, COMBINED JOINT OPERATIONS CENTER -

JORDAN (CJOC-J) 09337

LATITUDE: 32*01;23.8" N

LONGITUDE: 36*07'43.3" E

4. NPA/NXX:

5. UNIQUE INSTALLATION FACTORS: N/A

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: Yes

7. CONTACT: (PMRY POC) MR. MICHAEL S MADDOX

(UNCLASS ORG) J6OPSSPECTRUM@JDI.SOCOM.MIL

(UNCLASS USER) MADDOXM@JDI.SOCOM.MIL

(CMCL) 910-243-0359

I. TERMINATION EQUIPMENT A: COMMERCIAL DEMARK

J. LOCATION OF TERMINATION B:

1. ADDRESS: US EMBASSY CAIRO, EGYPT5 TAWFIK DIAB STREETGARDEN CITY,

CAIROCAIRO, EGYPT

2. ROOM: DEMARC ROOM

K. LOCAL PART B:

1. EXTENSION OF TELECOMMUNICATIONS SERVICE: All facilities between vendor's commercial communications interface point and termination location shall be provided by vendor. All cables shall be run in accordance with local site standards

2. INTERFACE: INTERFACE: RJ-45

3. DEMARK: US EMBASSY, 5 TAWFIK DIAB STREET, GARDEN CITY, CAIRO, EGYPT

30*02'27.9" N

31*14'00.1" E

4. NPA/NXX:

5. UNIQUE INSTALLATION FACTORS: N/A

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: INSIDE WIRE INSTL/MAINT:

CPIWI-YES/CPIWM-YES

7. CONTACT: FOR SITE QUESTIONS AND ACCESS:

PRI: JOSEPH RIZCALLAH

RIZCALLAHJE@STATE.GOV

PRI: BRAD LARA

202-757-2602

BRADLEY.N.LARA2@WHMO.MIL

ALT: Will Furmanick

202-757-2596 william.furmanick3@whmo.mil

ORG: MEMBERSWHCAWACCTELCOMHOS@WHMO.MIL

L. TERMINATION EQUIPMENT B: COMMERCIAL DEMARK

M. ADDITIONAL INFORMATION:

1. DITCO CSA NUMBER:

2. BASIC AGREEMENT NUMBER: TBD

3. TSR NUMBER: DO11DEC200015

4. CCSD: WIPDZ6N0

5. DIVERSITY REQUIREMENTS: NA

6. LOCATIONS TO BE AVOIDED: N/A

7. TRANSMISSION MEDIA TO BE AVOIDED: N/A

8. NETWORKS TO BE AVOIDED: N/A

9. CIRCUIT PARAMETERS: Circuits Availability must be 99.95% or greater at all times

10. TESTING REQUIREMENTS: Full detail of Testing Requirements is located in the attachment of the RFQ.

11. GOVERNMENT ACCEPTANCE ACTIVITY: WHCA-NOSC/202-757-6001

12. SECURITY/ REQUIREMENTS: Escort Required

13. SITE ACCESS REQUIREMENTS: Vendor is responsible for obtaining all necessary site access requirement.

14. DITCO STANDARD PROVISIONS: Incorporated in full text below

V. QUOTE DUE DATE AND TIME (MM/DD/YYYY): 5/29/2021 10:00 AM GMT

Z. DITCO CONTACT:

Maria Wells

318 804 3785 (DSN)

Maria.r.wells.civ@mail.mil

Anh T. Carlton

DITCO Contracting Officer

318-439-6229 anh.t.carlton.civ@mail.mil

Section G - Contract Administration Data

Included Clauses

G1 - Points of Contact - JUL 2018 Contracting Officer

Name: Anh Carlton

Organization/Office Symbol: PL52

Phone No.: 00973 1785 6229

E-Mail Address: Anh.T.Carlton.civ@mail.mil

Contract Specialist

Name: Rutty Wells

Organization/Office Symbol: PL52

Phone No.: 00973-439-6244

E-Mail Address: Maria.R.Wells.civ@mail.mil

COR/Mission Partner Point of Contact (Note: To be filled in upon contract award) Name:

Organization/Office Symbol: Phone No.:

E-Mail Address:

Contractor Point of Contact Contractor Legal Business Name: DUNS:

CAGE CODE: Contractor POC: E-Mail Address: Phone Number: Fax Number:

(End of text)

G2 - Contract/Order Closeout—Fixed-Price, Time-and-Materials, or Labor-Hour - JUL

Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the

Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the

Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting

Officer within thirty (30) calendar days of issuance of the modification. A Contractor's failure to respond and/or sign the bilateral closeout modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.

If this contract/order contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.

G20 - Electronic Invoicing for Telecommunications Services - JUL 2018 Electronic invoices shall be submitted to the Defense Financial and Accounting Services (DFAS) for telecommunications services. Please submit invoices to disa.stuttgart.cfe.mbx.cfe84@mail.mil

ATTN: RM3214 -Europe

G23 - Outage Credits - Jul 2018

(a) Credits for outage (interruption) of service will be provided to the Government by the contractor in accordance with its tariff provisions. In the event such tariff provisions do not exist, the following schedule shall be used to determine the credit (one day equals 1/30th of the Monthly Recurring Charge (MRC)) due the Government during each monthly billing period:

INTERRUPTIONS OF 24 HOURS OR LESS (Not less than 30 Minutes)

None

30 Minutes but less than 3 Hours 1/8 Day

3 Hours but less than 6 Hours 1/4 Day

6 Hours but less than 9 Hours 1/3 Day

9 Hours but less than 12 Hours 1/2 Day

12 Hours but less than 24 Hours One Day

INTERRUPTIONS OVER 24 HOURS

Credit of 1/30th of the MRC (or the foreign dollar equivalent) for each day of outage until service is restored.

(b) Outage credits do not apply for:

1) Interruptions caused by the negligence of the Government or others authorized by the

Government to use the Government's service.

2) Interruptions due to the failure of power, equipment, systems or connections not provided by Contractor or subcontractors.

3) Interruptions during any period when the Government or User has released a private line service for maintenance or rearrangement purposes, or for the implementation of a

Government order.

4) Interruptions that continue because of the Government's failure to authorize replacement of any element of special construction. The period for which credit is not allowed begins on the seventh day after the Government receives the contractor's written notification of the need for such replacement. It ends on the day after receipt of the Government's written authorization for such replacement.

5) Interruptions during periods when the Government elects not to release the private line service for testing and/or repair.

6) An interruption, or group of interruptions, resulting from a common cause, for amounts less than $50.00 (or the foreign dollar equivalent).

(c) Outage credits will be due no later than the next Billing Cycle/Month following the outage. Each credit will identify the

Communication Service Authorization (CSA) and Commercial Circuit Number (CCN) as well as the time, date and duration of the outage/outages.

G24 - Contract Billing Dates for Services - JUL 2018 For invoicing purposes, the Effective Billing Date (EBD) is the date the contracted service is delivered to the Government in accordance with the contract and the Final Billing Date (FBD) is the date the Government requests the service to be discontinued via contract modification.

Section H - Special Contract Requirements

Included Clauses

H1 - Organizational and Consultant Conflicts of Interest (OCCI) - JUL 2018

(a) An offeror shall identify in its proposal, quote, bid or any resulting contract, any potential or actual Organizational and

Consultant Conflicts of Interest (OCCI) as described in FAR Subpart

9.5. This includes actual or potential conflicts of interests of proposed subcontractors. If an offeror identifies in its proposal, quote, bid or any resulting contract, a potential or actual conflict of interests the offeror shall submit an Organizational and

Consultant Conflicts of Interest Mitigation Plan to the contracting officer. The Organizational and Consultant Conflicts of Interest

Mitigation Plan shall describe how the offeror addresses potential or actual conflicts of interest and identify how they will avoid, neutralize, or mitigate present or future conflicts of interest.

(b) Offerors must consider whether their involvement and participation raises any OCCI issues, especially in the following areas when:

(1) Providing systems engineering and technical direction.

(2) Preparing specifications or work statements and/or objectives.

(3) Providing evaluation services.

(4) Obtaining access to proprietary information.

(c) If a prime contractor or subcontractor breaches any of the OCCI restrictions, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.

Standard Provisions

Clauses Incorporated By Reference

FAR Clause # Title Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights Sep 2013

252.203-7003 Agency Office of the Inspector General AUG 2019

252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011

252.204-7003 Control Of Government Personnel Work Product Apr 1992

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016

252.225-7041 Correspondence in English JUN 1997

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United

States

JUN 2015

252.225-7048 Export-Controlled Items Jun 2013

252.225-7975 Additional Access to Contractor and Subcontractor Records (DEVIATION

2020-O0022)

AUG 2020

252.225-7993 Prohibition on Providing Funds to the Enemy (DEVIATION 2020-O0022) AUG 2020

252.225-7995 Contractor Personnel Performing in the United States Central Command

Area of Responsibility (DEVIATION 2017-O0004)

SEP 2017

252.232-7010 Levies on Contract Payments Dec 2006

252.239-7017 Notice of Supply Chain Risk FEB 2019

252.239-7018 Supply Chain Risk FEB 2019

252.247-7023 Transportation of Supplies by Sea FEB 2019

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions

SEP 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements--Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

JUL 2018

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment

OCT 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video AUG 2020

Surveillance Services or Equipment

52.204-7 - System for Award Management - OCT 2018

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

"Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

"Registered in the System for Award Management (SAM)" means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and

Transparency Act of 2006 (see subpart 4.14), into the SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record "Active".

"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity

Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The

Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company Headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.209-10 - Prohibition on Contracting With Inverted Domestic Corporations. - NOV 2015

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

"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).

"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.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for

Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

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.

(End of provision)

52.209-2 - Prohibition on Contracting with Inverted Domestic Corporations--

Representation - NOV 2015

(a) Definitions. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract entitled

Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The offeror represents that--

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

52.209-6 - Protecting the Governments Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment - OCT 2015

(a) Definition. "Commercially available off-the-shelf (COTS) item," as used in this clause--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition in FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract in excess of $35,000 with a

Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed $35,000, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM)

Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that--

(1) Exceed $35,000 in value; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of Clause)

52.212-3 - Offeror Representations and Certifications -- Commercial Items (Alt1) - FEB

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

Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan

Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the

Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

(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"--

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

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

"Small disadvantaged business concern, consistent 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.

"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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

(c) Offerors must complete the following representations when the resulting contract 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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) 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, Republic of

Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern

Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

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

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

(d) Representations required to implement provisions of Executive 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)

(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "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)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "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

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

Agreements--Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

Line item No. Country of origin

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

(2) Buy American--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.

(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

(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

(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

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of

Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating

Federal criminal tax laws, or receiving stolen property; and

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

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2)for which the liability remains unsatisfied.

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

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

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required.