HC1028-16-T-0051.docx

HC1028-16-T-0051

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

1. REQUISITION NUMBER N0002416MP00164

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

7. FOR SOLICITATION INFORMATION CALL:

a.

NAME

KELSIE L. NETEMEYER

b.

TELEPHONE NUMBER

618-229-9442

(No Collect Calls) 8.

OFFER DUE DATE/LOCAL TIME

11:00 PM 27 Jan 2016

9. ISSUED BY

CODE

HC1028

10.

THIS ACQUISITION IS

X UNRESTRICTED OR

SET ASIDE: % FOR:

DISA/DITCO-SCOTT-PL83 2300 EAST DRIVE

SCOTT AFB IL 62225-5406

SMALL BUSINESS HUBZONE SMALL

WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM

NAICS:

BUSINESS

TEL: SERVICE-DISABLED

VETERAN-OWNED

EDWOSB

8(A)

511210

SIZE STANDARD:

FAX:

11. DELIVERY FOR FOB DESTINA- TION UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

SMALL BUSINESS

13a. THIS CONTRACT IS A RATED ORDER UNDER

13b. RATING

$38,500,000

SEE SCHEDULE

DPAS (15 CFR 700)

14.

METHOD OF SOLICITATION

X

)RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY

CODE

17a.CONTRACTOR/ CODE FACILITY OFFEROR CODE

18a. PAY MENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

SUCH ADDRESS IN OFFER

BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/ SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

25. ACCOUNTING AND APPROPRIATION DATA

26.

TOTAL AWARD AMOUNT (For Gov t. Use Only )

X )27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

ADDENDA X ARE

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 0

29.

AWARD OF CONTRACT: REF.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER DATED

. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

(SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

(TYPE OR PRINT)

(TYPE OR PRINT)

31c. DATE SIGNED

TEL:

EMAIL:

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

19.

20.

21.

22. 23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/ SERVICES

QUANTITY UNIT

UNIT PRICE

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

PARTIAL

FINAL

34.

VOUCHER NUMBER

35.

AMOUNT VERIFIED CORRECT FOR

36.

PAY MENT

COMPLETE

PARTIAL

FINAL

37.

CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

Section SF 1449 - CONTINUATION SHEET

Software FFP CAT II Reinstatement Fee for PMO-IT (October 1, 2015-December 31, 2016) FOB: Destination

PURCHASE REQUEST NUMBER: N0002416MP00164

NET AMT

Software FFP CAT II Legacy Support for PMO-IT Software maintenance is effective January 29, 2016 through December 31, 2016. There were no new releases or versions received during the period January 1, 2016 through January 29, 2016. However, the government is entitled to new releases and versions during this period at no additional cost. There shall be no reinstatement or reactivation fees for software maintenance that was received during this period.

FOB: Destination

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Software FFP CAT II Legacy Support for shipyards Software maintenance is effective January 29, 2016 through December 31, 2016. There were no new releases or versions received during the period January 1, 2016 through January 29, 2016. However, the government is entitled to new releases and versions during this period at no additional cost. There shall be no reinstatement or reactivation fees for software maintenance that was received during this period.

Software FFP JCAT2020 Annual License Subscription (includes JCAT2020 Technical Maintenance & Support) for PMO-IT Software maintenance is effective January 29, 2016 through December 31, 2016. There were no new releases or versions received during the period January 1, 2016 through January 29, 2016. However, the government is entitled to new releases and versions during this period at no additional cost. There shall be no reinstatement or reactivation fees for software maintenance that was received during this period.

Software FFP JCAT2020 Annual License Subscription (includes JCAT2020 Technical Maintenance & Support) for Portsmouth Naval Shipyard Software maintenance is effective January 29, 2016 through December 31, 2016. There were no new releases or versions received during the period January 1, 2016 through January 29, 2016. However, the government is entitled to new releases and versions during this period at no additional cost. There shall be no reinstatement or reactivation fees for software maintenance that was received during this period.

Software FFP JCAT2020 Annual License Subscription (includes JCAT2020 Technical Maintenance & Support) for Norfolk Naval Shipyard Software maintenance is effective January 29, 2016 through December 31, 2016. There were no new releases or versions received during the period January 1, 2016 through January 29, 2016. However, the government is entitled to new releases and versions during this period at no additional cost. There shall be no reinstatement or reactivation fees for software maintenance that was received during this period.

Software FFP JCAT2020 Annual License Subscription (includes JCAT2020 Technical Maintenance & Support) for Puget Sound Naval Shipyard Software maintenance is effective January 29, 2016 through December 31, 2016. There were no new releases or versions received during the period January 1, 2016 through January 29, 2016. However, the government is entitled to new releases and versions during this period at no additional cost. There shall be no reinstatement or reactivation fees for software maintenance that was received during this period.

Software FFP JCAT2020 Annual License Subscription (includes JCAT2020 Technical Maintenance & Support) for Pearl Harbor Naval Shipyard Software maintenance is effective January 29, 2016 through December 31, 2016. There were no new releases or versions received during the period January 1, 2016 through January 29, 2016. However, the government is entitled to new releases and versions during this period at no additional cost. There shall be no reinstatement or reactivation fees for software maintenance that was received during this period.

ITEM

NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT

PRICE

Each

OPTION

Software

FFP

JCAT2020

Annual

License

Subscription for

PMO-IT

FOB:

Destination

)AMOUNT

JCAT2020 Annual License Subscription for Portsmouth Naval Shipyard FOB: Destination

JCAT2020 Annual License Subscription for Norfolk Naval Shipyard FOB: Destination

JCAT2020 Annual License Subscription for Puget Sound Naval Shipyard FOB: Destination

JCAT2020 Annual License Subscription for Pearl Harbor Naval Shipyard FOB: Destination

NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT

PRICE

Each

OPTION

Software

FFP

JCAT2020

Technical

Maintenance and

Support for

PMO-IT

FOB:

JCAT2020 Technical Maintenance and Support for Portsmouth Naval Shipyard FOB: Destination

JCAT2020 Technical Maintenance and Support for Norfolk Naval Shipyard FOB: Destination

NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT

PRICE

Each

)AMOUNT

OPTION Software FFP JCAT2020 Technical Maintenance and Support for Puget Sound Naval Shipyard FOB: Destination

JCAT2020 Technical Maintenance and Support for Pearl Harbor Naval Shipyard FOB: Destination

NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT

PRICE

Each

OPTION

Software

FFP

JCAT2020

Annual

License

Subscription for

PMO-IT

FOB:

JCAT2020 Annual License Subscription for Portsmouth Naval Shipyard FOB: Destination

HC1028-16-T-0051

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JCAT2020 Annual License Subscription for Norfolk Naval Shipyard FOB: Destination

JCAT2020 Annual License Subscription for Puget Sound Naval Shipyard FOB: Destination

JCAT2020 Annual License Subscription for Pearl Harbor Naval Shipyard FOB: Destination

NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT

PRICE

Each

OPTION

Software

FFP

JCAT2020

Technical

Maintenance and

Support for

PMO-IT

FOB:

JCAT2020 Technical Maintenance and Support for Portsmouth Naval Shipyard FOB: Destination

JCAT2020 Technical Maintenance and Support for Norfolk Naval Shipyard FOB: Destination

JCAT2020 Technical Maintenance and Supportfor Puget Sound Naval Shipyard FOB: Destination

JCAT2020 Technical Maintenance and Support for Pearl Harbor Naval Shipyard FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

2510 WALMER AVENUE, SUITE A ATTN: CHIP HARRISON NORFOLK VA 23513

CHIP HARRISON 757-852-7723

FOB: Destination N00024

FOB: Destination N00024

FOB: Destination N00024

PORTSMOUTH NAVAL SHIPYARD - UIC N39040

BUILDING 170; 6TH FLOOR KITTERY ME 03904

DIEGO MACHADO 207-438-6954

N39040

PORTSMOUTH VA 23709 PEGGY JARMAN

757-396-8798 FOB: Destination N42158

1400 FARRAGUT AVENUE

BREMERTON WA 98314-5001 PAUL HARNEY

360-476-8505 FOB: Destination N4523A

BLDG 167-5

JOINT BASE PEARL HARBOR HICKAM HI 96860-5033

AVIS NAKAMA

808-473-8000 EXT. 6226

FOB: Destination N32253

2510 WALMER AVENUE, SUITE A ATTN: CHIP HARRISON NORFOLK VA 23513

CHIP HARRISON 757-852-7723

FOB: Destination N00024

PORTSMOUTH NAVAL SHIPYARD - UIC N39040

BUILDING 170; 6TH FLOOR KITTERY ME 03904

DIEGO MACHADO 207-438-6954

FOB: Destination N39040

PORTSMOUTH VA 23709 PEGGY JARMAN

757-396-8798 FOB: Destination N42158

1400 FARRAGUT AVENUE

BREMERTON WA 98314-5001 PAUL HARNEY

360-476-8505

N4523A

BLDG 167-5

JOINT BASE PEARL HARBOR HICKAM HI 96860-5033

AVIS NAKAMA

808-473-8000 EXT. 6226

FOB: Destination N32253

2510 WALMER AVENUE, SUITE A ATTN: CHIP HARRISON NORFOLK VA 23513

CHIP HARRISON 757-852-7723

FOB: Destination N00024

PORTSMOUTH NAVAL SHIPYARD - UIC N39040

BUILDING 170; 6TH FLOOR KITTERY ME 03904

DIEGO MACHADO 207-438-6954

FOB: Destination N39040

PORTSMOUTH VA 23709 PEGGY JARMAN

757-396-8798 FOB: Destination N42158

1400 FARRAGUT AVENUE

BREMERTON WA 98314-5001 PAUL HARNEY

360-476-8505 FOB: Destination N4523A

BLDG 167-5

JOINT BASE PEARL HARBOR HICKAM HI 96860-5033

AVIS NAKAMA

808-473-8000 EXT. 6226

N32253

2510 WALMER AVENUE, SUITE A ATTN: CHIP HARRISON NORFOLK VA 23513

CHIP HARRISON 757-852-7723

FOB: Destination N00024

PORTSMOUTH NAVAL SHIPYARD - UIC N39040

BUILDING 170; 6TH FLOOR KITTERY ME 03904

DIEGO MACHADO 207-438-6954

FOB: Destination N39040

PORTSMOUTH VA 23709 PEGGY JARMAN

757-396-8798 FOB: Destination N42158

1400 FARRAGUT AVENUE

BREMERTON WA 98314-5001 PAUL HARNEY

360-476-8505 FOB: Destination N4523A

BLDG 167-5

JOINT BASE PEARL HARBOR HICKAM HI 96860-5033

AVIS NAKAMA

808-473-8000 EXT. 6226

FOB: Destination N32253

2510 WALMER AVENUE, SUITE A ATTN: CHIP HARRISON NORFOLK VA 23513

CHIP HARRISON 757-852-7723

N00024

PORTSMOUTH NAVAL SHIPYARD - UIC N39040

BUILDING 170; 6TH FLOOR KITTERY ME 03904

DIEGO MACHADO 207-438-6954

FOB: Destination N39040

PORTSMOUTH VA 23709 PEGGY JARMAN

757-396-8798 FOB: Destination N42158

1400 FARRAGUT AVENUE

BREMERTON WA 98314-5001 PAUL HARNEY

360-476-8505 FOB: Destination N4523A

BLDG 167-5

JOINT BASE PEARL HARBOR HICKAM HI 96860-5033

AVIS NAKAMA

808-473-8000 EXT. 6226

N32253

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-9000 POINTS OF CONTACT (AUG 2005)

Contracting Officer Name: Kimberly M. Hampel Organization/Office Symbol: DISA/DITCO/PL8321 Phone No.: 619-229-9392 E-Mail Address: kimberly.m.hampel.civ@mail.mil

Contract Specialist Name: Kelsie Netemeyer Organization/Office Symbol: DISA/DITCO/PL8321 Phone No.: 618-229-9492 E-Mail Address: kelsie.l.netemeyer.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 clause)

52.204-9001 CONTRACT/ORDER CLOSEOUT—FIXED-PRICE, TIME-AND-MATERIALS, OR LABOR- HOURS (JAN 2007)

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.

52.209-9000 ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (DEC 2005)

(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.

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

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(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:

(b) Technically Acceptable Proposal: Offerors’ proposals shall demonstrate a clear understanding of the technical requirements and a comprehensive, systematic approach to accomplishing tasks in all areas identified in the Request for Quote (RFQ) and constraints specified in this solicitation. Failure to be found technically acceptable will result in the offeror being ineligible for award.

(c) Price Reasonable Proposal: The Government will verify that all solicitation requirements have been priced, figures are correctly calculated, and prices are presented in a clear and useful format. DISA will perform an evaluation of the offeror’s technical proposals and proposed costs to ensure the solution costs are reasonable and appropriate.

(1) The offeror’s cost/price proposal will be evaluated for completness and reasonableness. The total evaluated will be the sum of all CLINs for the basic and all options.

(2) Evaluation of options shall not obligate the Government to exercise such options.

(3) The offeror’s price proposal will be evaluated as defined in FAR 15.404.

(4) The Government will verify that all solicitation requirements have been priced, figures are correctly calculated, and prices are presented in a clear and useful format.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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-

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(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.

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.

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

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

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

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

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

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

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

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

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

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

[Offeror to identify the applicable paragraphs at (c) through (p) 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 ORCA.]

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

(1) Small business concern. The offeror represents as part of its offer that it ( business concern.

) is, (

) is not a small

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business

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) is, (

) is

(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 ( disadvantaged business concern as defined in 13 CFR 124.1002.

) is, (

) is not a small

(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 ( owned small business concern.

) is, (

) is not a women-

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

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

(i) It [ ] is, [

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

(ii) It [ ] is, [

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

.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

(ii) It [ ] is, [ 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) Certifications and representations required to implement provisions of Executive Order 11246--

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

(i) It (

) has, (

) has not, participated in a previous contract or subcontract subject either to the Equal

Opportunity clause of this solicitation, the and

(ii) It (

) has, (

) has not, filed all required compliance reports.

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

(i) It (

) has developed and has on file, (

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

(ii) It (

) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

(List as necessary)

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

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

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

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

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

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

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

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

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

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

HC1028-16-T-0051

(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 --

(1) The offeror and/or any of its principals (

) are, (

) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

(2) (

) Have, (

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

(3) (

) Are, (

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

(4) (

) Have, (

) have not, within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

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

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec.