Amendment_001.pdf

HSCG23-14-R-MMC007 Amendment 001

QUESTIONS AND ANSWERS PAGE | 1

Q1: This procurement is being solicited as a 100% small business set-aside and the associated North American Industrial Classification System (NAICS) code for this procurement is 611699 (small business size standard: average annual receipts-$11M). Is a nonprofit organization with receipts less than $11M eligible to be awarded this contract?

A1: Yes.

Q2: Regarding the Past Performance Questionnaire (PPQ):

a. Can one of the questionnaires be completed by the COR involved with a USCG contract?

A2a: Yes.

b. Can some of the PPQs be from private companies or do the PPQs need to be from a state/federal agency?

A2b: There is no requirement for PPQs to be from state/federal agencies only. PPQs may be from private companies.

c. Please clarify to which email address the respondents of the PPQ should email the

PPQ.

A2c: E-mail completed PPQs to: james.f.ferguson@uscg.mil.

Q3. SOW point 2.4.3 says that “the Contractor shall provide the USCG with a detailed course syllabus and course curriculum covering the items listed above” (in 2.4.2).” Will just an outline of topics with the methodology suffice or do you want all the instructional materials etc (which would greatly surpass the 20 page limit of volume 1)?

A3: RFP enclosure (2) has been revised to require that a course syllabus or outline be submitted with a proposal.

Q4: Is there an incumbent contractor associated with this work? If so, are you able to provide the name of the contractor and the contract #?

A4: The U.S. Coast Guard has contracted for these services in the past. The last contract was HSCG23-08-C-MMC265 which expired in 2013. Its value was $350,000. The contractor was Alaska Marine Safety Education Association.

Q5: What was the solicitation number?

A5: HSCG23-08-Q-MMC265.

QUESTIONS AND ANSWERS PAGE | 2

Q6: If there is/was an incumbent, what type of contract was awarded: Lowest Price, Technically Acceptable (LPTA), Best Value etc? Please clarify.

A6: Award was based on a Best-Value Trade-Off analysis.

Q7: If there is/was an incumbent, what was the NAICS code for the contract issued?

A7: 611699

Q8: Was the contract a set-aside?

A8: No.

Q9: Would the Government consider a sole source to a verified SDVOSB concern?

A9: No.

Q10. Per SOW 2.0.1, the Contractor shall provide marketing, outreach, and awareness as appropriate to recruit for all training programs. Would the Government please clarify and quantify what type of marketing, outreach is required? Is this marketing and outreach campaign cost reimbursable?

A10: The approach to marketing, outreach, and awareness is at the contractor’s discretion and should be described in Volume I of its proposal. It is not separately-priced and is not cost-reimbursable.

Q11: Per SOW 2.0.4. Course Cancellation, if the course has to be cancelled for circumstances beyond the contractor’s control, will the government reimburse the contractor for cancellation fees such as hotel conference room reservations et cetera?

A11: No.

Q12: Per SOW 6.1 The Contractor shall furnish all facilities, materials, equipment and services necessary to fulfill the requirements of this contract, except for the Government

Furnished Property listed in SOW 5.0. The Contractor shall provide all necessary management, supervision, personnel, materials (including mock-ups) and equipment required to educate and train commercial fishing industry personnel in the need for and proper use of safety equipment, including but not limited to, required safety equipment. Please clarify what type of facilities, materials, equipment and services.

A12: The type of facilities, materials, equipment and services that is standard for the industry providing Commercial Fishing Vessel Safety training.

Q13: Is the Government securing and paying for facilities at the potential locations? Alternatively, is this cost reimbursable if the government is not?

QUESTIONS AND ANSWERS PAGE | 3

A13: The Government is not securing facilities and the Government is not paying directly or reimbursing the contractor for facilities.

Q14: Will the Government kindly make all amendments or changes to the SOW in track changes?

A14: Not applicable.

Q15: Are potential conflict of interest mitigation plans required?

A15: If an offeror has a conflict of interest, it should be disclosed in its proposal in accordance with the clause at the bottom of page 3 of enclosure (3). Since an offeror with a conflict of interest would not otherwise be eligible for award of this contract, it may provide a mitigation plan. A conflict of interest mitigation plan does not count against the limitation on pages.

Q16: In the worksheet "Task Order 1", the numbers of students are significantly less when compared to the numbers of students listed in the worksheet "Ordering Years 1-5".

Which numbers are the correct numbers? Or is the difference intentional, and if so why?

A16: As stated in paragraph vii of the synopsis/solicitation, it is anticipated that an

Indefinite Delivery / Indefinite Quantity (IDIQ) type contract will be awarded and an initial task order will be issued concurrently with the award of the contract. The worksheet “Task Order 1” represents the initial task order which is the first order under

Ordering Year 1.

Q17: Per Provisions, Enclosure (2) (d) Solicitation Questions—questions shall be submitted NLT 12:00 Noon ET on August 7, 2014. Whereas, the Solicitation’s FBO

Synopsis Aug 04, 2014 1:44 pm (xv) Questions about this combined synopsis/solicitation states ‘questions are due by 2:00 PM (ET) on August 14, 2014. Please clarify.

A17: RFP enclosure (2) has been revised to remove the inconsistency. The later date applies for submission of questions. The Government will not respond to questions again if they are answered here.

Q18: When is the anticipated base period of award to be issued, such as Q4 FY14, Q1

FY15?

A18: Before September 30, 2014 (i.e. Q4 FY 14).

Q19: Would the Government please consider adding five business days to the current due date of proposals since no previous draft was issued and potential Offeror responses have yet to be posted?

A19: No.

HSCG23-14-R-MMC007 PROVISIONS (Amendment 001) ENCLOSURE 2

FEDERAL ACQUISITION REGULATIONS (FAR) (48 CFR CH 1) PROVISIONS

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its offer. Also, the full text of a clause may be accessed electronically at these addresses:

http://acquisition.gov/far/current/html/52_301Matrix.html

FAR Provisions Included by Reference (IBR):

Number Title/Date

52.203-11

CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2005)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (APR 2014)

52.225-25

PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES

OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS

(DEC 2012)

ADDENDUM TO FAR 52.212-1 IS AS FOLLOWS:

1) SUBMISSION OF OFFERS—in addition to the listed items found at 52.212-1, Offerors must comply with the following.

(a) INSTRUCTIONS FOR PROPOSAL CONTENT AND SUBMISSION FORMAT—Offerors’ proposals shall be submitted in two separate volumes. Both volumes must indicate: (1) the solicitation number: HSCG23-14-R-MCM007, (2) the date/time specified in the combined synopsis/solicitation cover letter for receipt of proposals, and (3) the name, address and telephone number of the Offeror.

VOLUME I: Volume I shall (1) consist of the (a) Technical Capabilities and (b)

Relevant Past Performance information; and (2) be submitted in PDF-format in a legible font-size. Volume I shall clearly articulate how the Offeror will comply with the requirements outlined in section 2.0 of the Statement of Work (SOW) and be specific, detailed, and comprehensive enough to enable technical personnel to make a thorough evaluation of the Offeror’s capabilities. No price data shall be included in this volume.

The Technical Capabilities portion of Volume I shall address section 2.0 of the

SOW sequentially. The Offeror shall also demonstrate performance of the training requirements, to include: (1) details on the Offeror’s capability to export training—e.g. travelling to students’ location to execute the training in U.S.

coastal communities; (2) documentation that the proposed courses feature curriculum certified in accordance with (IAW) the criteria for SOW 2.1, 2.2, and

2.3; (3) a course syllabus or outline curriculum for evaluation purposes IAW the requirements for SOW 2.4; and (4) a list of proposed instructors for each type of training outlined in SOW 2.0 and documentation to support that each instructor meets the Fishing Vessel Safety Instructors standards as found in 46 CFR 28.275 and the SOW.

The Past Performance portion of Volume I shall include three past performance references, consisting of the contract number, the agency or company for which the work was performed, a summary of the work product(s), and the name of the contracting and/or technical person to be contacted with their address, telephone, and email address.

PAST PERFORMANCE QUESTIONNAIRE

The Questionnaire includes instructions that must be reviewed and followed carefully.

Responses must be typed into the provided, editable Microsoft Office

Word Document Past Performance Questionnaire (RFP Enclosure 5).

Completed Questionnaires do not count against the Volume I page limit.

The Offeror shall submit the Past Performance Questionnaire (Enclosure

5) to its three references listed in Volume I for completion. The references

(not the Offeror) must return the completed Questionnaire to the email address indicated no later than the closing date of this solicitation. The

Offeror is solely responsible for ensuring the questionnaire is completed and returned by the respective references on or before the deadline.

VOLUME II: Volume II shall be submitted on a Firm-Fixed-Priced (FFP) basis.

Volume II shall consist of a completed Enclosure 4, “Price Worksheet” submitted in electronic format (e.g. MS Excel). Offerors shall enter the respective fully burdened unit pricing for the CLINS listed. Offerors shall also submit the following with their Volume 2: (1) Representations and Certifications (in accordance with (IAW) 52.212.3), IF they are not listed in the SAM.gov database;

(2) Small Business Program Representations (IAW 52.219-1, Alt 1); and (3) any amendments to the solicitation.

Offerors shall submit proposals with all appropriate “fill-in” sections completed. If any exceptions are taken to the terms and conditions of the solicitation, they shall be clearly set forth in a cover letter; and they shall be explained by the Offeror with the understanding that the exceptions may render the Offeror’s proposal unacceptable to the government.

(b) PROPOSAL PAGE LIMIT—Volume I shall not exceed 20 pages; there is no page limit for Volume II. Both Volumes shall include a Compliance Matrix mapping the Offeror’s proposal sections to the respective parts of the solicitation (SOW, evaluation factors, etc.). Any brochures, product literature, or resumes submitted count towards the limitation of 20 pages for Volume I. However, cover letters, tables of contents, and

Representations and Certifications (IAW 52.212.3) do not count against the page limitation.

(c) PERIOD FOR ACCEPTANCE OF PROPOSALS—The Offeror agrees to hold the prices in its proposal firm for 90 calendar days from the date specified for receipt of proposals, unless another time period is specified in an addendum to the solicitation.

(d) SOLICITATION QUESTIONS—questions shall be submitted NLT 2:00 PM (ET) on

August 14, 2014. Questions shall be submitted via email to james.f.ferguson@uscg.mil.

Questions received after the above cutoff date and time may not be answered. Submission of questions and any resulting answers from the Government will not require the

Contracting Officer to extend the solicitation closing date. All Amendments to the solicitation will be posted via http://www.fedbizopps.gov.

(e) NO PROMISE TO PROCEED—This IDIQ contract solicitation shall not be considered direction to proceed with the subject effort, nor a promise of future direction to proceed.

Submission of a proposal in response to this RFP denotes that the Offeror understands and accepts the terms and conditions contained in Enclosure 3. Offerors are solely responsible for any perceived or incurred submission costs.

(f) NOTICE FOR FILING AGENCY PROTESTS—It is the policy of the U.S. Coast Guard

(USCG) to issue solicitations and make contract awards in a fair and timely manner. The

Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the

GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or

Ombudsman.

Informal forum with the Ombudsman—interested parties who believe a specific

USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for

Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the mailto:james.f.ferguson@uscg.mil

Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman—prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in

FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

Commandant (CG-9131)

ATTN: Ombudsman Program for Agency Protests

U.S. Coast Guard

2100 2nd St SW STOP 7112

Washington, DC 20593-7112

FAX: 202-475-3904

The Ombudsman Hotline telephone number is 202.372.3695.

FAR Provisions in Full Text:

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

and

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

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

(B) The payment of a reimbursement, restitution, or damages in excess of

$100,000.

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

(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

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

(d) The Offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for

Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-2 EVALUATION –COMMERCIAL ITEMS (JAN1999)

(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 proposals:

Technical Capabilities, Relevant Past Performance, and Price. These factors are listed in descending order of importance and, when combined, all non-price factors are significantly more important than price.

EVALUATION FACTORS:

The Government will evaluate the proposals against the following three factors:

https://www.acquisition.gov/ http://acquisition.gov/far/current/html/52_200_206.html#wp1137850

(1) Technical Capabilities: Offerors will be evaluated on their capabilities to provide a solution that meets, or exceeds, the requirements set forth in section 2.0 of the SOW. The Government will evaluate: (a) the Offeror’s capability to export training; (b) whether the proposed curriculum for the courses at SOW 2.1, 2.2, and 2.3 is certified; (c) the curriculum for the course at SOW 2.4; and (d) the credentials of proposed instructors against the Fishing Vessel Safety

Instructors standards found in 46 CFR 28.275.

The evaluation of Technical Capabilities will be attained through a determination and analysis of strengths, weaknesses, significant weaknesses, and deficiencies.

Simply restating or paraphrasing the SOW or providing a blanket statement of full compliance will not be rated as satisfactory demonstration of Technical Capabilities. If an Offeror fails to sequentially address all requirements listed in the SOW or fails to comply with any of the RFP instructions, its proposal may be eliminated from further consideration.

(2) Relevant Past performance: The Government’s intent is to evaluate each Offeror’s past performance - including quality of service; price control; timeliness of performance; business relationships; and customer satisfaction - to determine whether the Offeror consistently delivered quality service in a timely manner in the past. This factor will be evaluated on the basis of relevant past performance information, including performance on contracts of a comparable nature scope and complexity to those in the current solicitation. The past performance information to be evaluated includes information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant. The information presented in the

Offerors’ proposals, together with information from any other sources available to the

Government (e.g., Government-controlled Contractor performance databases and references including contractual, technical, and end-user representatives) may be considered.

Any past performance questionnaire returned directly by the Offeror may not be considered.

Offerors are authorized to provide information on problems encountered on the identified contracts and the Offerors’ corrective actions. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the Offeror’s past performance. The source selection authority shall determine the relevance of similar past performance information.

In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available FAR 15.305(a)(2)(iv) states that the Offeror may not be evaluated favorably or unfavorably on past performance. The Offeror, in this case, shall be rated as “Neutral” – which is neither favorable nor unfavorable.

(3) Price: The Offeror’s proposal shall be submitted on a firm-fixed price basis. Offerors shall provide pricing IAW the attached price worksheet (see RFP Enclosure 4). The information contained in the price worksheet shall reflect the total evaluated price. The price worksheet shall be used by the Government to evaluate the proposed prices for completeness, realism, and reasonableness. The worksheet itself will not be part of the award document.

Evaluation will be based upon the receipt of competitive proposals, comparison to published commercial and historical prices, and to the Independent Government Cost Estimate (IGCE).

Offerors are encouraged to provide their most favored customer pricing and discounts with their initial proposal.

Offerors’ pricing will be assessed to determine if it is reasonable and realistic for the work to be performed; reflects a clear understanding of the Government’s requirements; and is consistent with the complexity of the technical solution offered. Total evaluated price will be calculated by adding the totals for years one through five.

BASIS FOR AWARD

Selection for award shall be to the responsible Offeror whose proposal offers the best value to the Government based on evaluation criteria contained herein and using the tradeoff continuum in accordance with FAR 12.602(c). The Government will conduct a best-value trade-off analysis.

The Government intends to evaluate proposals and award a single contract without discussions with Offerors. Therefore, each initial proposal should contain the Offeror’s best terms. The

Government reserves the right to conduct discussions, if determined necessary by the

Contracting Officer. The Government may reject any or all proposals if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in proposals received.

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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAY 2014)

An Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an

Offeror has not completed the annual representations and certifications electronically at the

System for Award Management (SAM) website, the Offeror shall complete only paragraphs (c) through (o) 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 http://www.acquisition.gov/ 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.

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

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

9999, except—

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

(4) Consist of providing goods or services to an internationally recognized peacekeeping http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ force or humanitarian organization;

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on

Government contracts, and qualified as a small business under the criteria in 13 CFR Part

121 and size standards in this solicitation.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

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

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

“Women-owned 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 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.

http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

“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 on the SAM website.

(2) The Offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://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 (o) of this provision that the

Offeror has completed for the purposes of this solicitation only, if any.

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

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

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

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

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

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

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

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

(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 http://www.acquisition.gov/ http://acquisition.gov/far/current/html/Subpart%204_12.html#wp1073667 provision.] The Offeror represents that—

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

and

(ii) It is, is not a joint venture that complies with the requirements of 13

CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the Offeror represented itself as a WOSB concern eligible under the

WOSB Program in (c)(6) of this provision.] The Offeror represents that—

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

(ii) It is, is not a joint venture that complies with the requirements of 13

CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The

Offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each

EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of

Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR

52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the Offeror desires a benefit based on its disadvantaged status.]

(i) General. The Offeror represents that either—

(A) It is, is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this http://acquisition.gov/far/current/html/52_217_221.html#wp1136333 http://acquisition.gov/far/current/html/52_217_221.html#wp1136374 representation, as a certified small disadvantaged business concern in the

SAM Dynamic Small Business Search database maintained by the Small

Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It has, has not submitted a completed application to the Small

Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart

B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small

Disadvantaged Business Concerns. The Offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR

124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The Offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

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

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

(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Offeror shall enter the names of each of the

HUBZone small business concerns participating in the HUBZone joint venture:

__________.] Each HUBZone small business concern participating in the

HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The Offeror represents that—

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

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

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

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

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

Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the

Offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the Offeror with respect to this contract, the Offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The Offeror need not report regularly employed officers or employees of the Offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation

(FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

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

“commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)

(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade

Act, is included in this solicitation.)

(i) The Offeror certifies that each end product, except those listed in paragraph

(g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the Offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end http://acquisition.gov/far/current/html/52_223_226.html#wp1192900 http://acquisition.gov/far/current/html/FARTOCP25.html#wp225048 http://acquisition.gov/far/current/html/52_223_226.html#wp1169038 product,” “commercially available off-the-shelf (COTS) item,” “component,”

“domestic end product,” “end product,” “foreign end product,” “Free Trade

Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled

“Buy American—Free Trade Agreements–Israeli Trade Act.”

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or

Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade

Act”:

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

Line Item No. Country of Origin

[List as necessary]

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

Act.” The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The Offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade

Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.

[List as necessary] http://acquisition.gov/far/current/html/52_223_226.html#wp1169038

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II.

If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The Offeror certifies that the following supplies are Canadian end products or

Israeli end products as defined in the clause of this solicitation entitled “Buy American—

Free Trade Agreements—Israeli Trade Act”:

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III.

If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or

Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

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

Line Item No. Country of Origin

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade

Agreements, is included in this solicitation.)

(i) The Offeror certifies that each end product, except those listed in paragraph

(g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The Offeror shall list as other end products those end products that are not

U.S.