HSFE10-14-Q-0001.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 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 _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED 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 (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HSFE10-14-Q-0001 10-15-2013

Daisy Joseph 907-762-4727 10-24-2013 2:00 p.m. (AK)

Department of Homeland Security Federal Emergency Management Agency DR-4122-AK Contracting Office 1901 South Bragaw Street Anchorage AK 99508

Y

481211

1500 Employees

Net 30 Days

X

N/A

X

TBD Per Task Order See Block 9

FEMA Finance Center

P. O. Box 9001

Winchester VA 22604

See CONTINUATION Page

TITLE: AIR PASSENGER TRANSPORTATION

Location: State of Alaska

Period of Performance: 11/01/2013 TO 05/31/2013

In Accordance With (IAW) FAR 52.217-8 Option to Extend Services

IAW FAR 52.217-9 Option to Extend the Term of the Contract

The Point of Contact for this requirement is:

Daisy Joseph Phone: 907-792-4727 Email: daisy.joseph@fema.dhs.gov

See CONTINUATION Page

Per Task Order

X X

X 1

Daisy Joseph Contracting Officer

Table of Contents

SECTION A ..................................................................................................................................................... A-1

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS ........................ A-1

A.2 PRICE/COST SCHEDULE ............................................................................................................... A-1

A.3 DELIVERY SCHEDULE ................................................................ A-Error! Bookmark not defined.

A.4 PERFORMANCE WORK STATEMENT…………………………………………………………...A-1

SECTION B - CLAUSES & PROVISIONS ................................................................................................... B-1

B.1 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) ................................................... B-1

B.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS

(AUG 2013) ..................................................................................................................................... B-1

B.3 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUL 2013) .... B-13

B.4 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUL 2013)

ALTERNATE I (AUG 2012) ........................................................................................................ B-18

B.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2013) ........................................... B-31

B.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) ......................................................... B-36

B.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ................... B-36

B.8 52.233-2 SERVICE OF PROTEST (SEP 2006) ............................................................................ B-36

B.9 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE ......................................... B-37

B.10 IDENTIFICATION OF GOVERNMENT OFFICIALS ................................................................ B-37

B.11 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

(JUN 2006) .................................................................................................................................... B-38

B.12 HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS

ACQUISITION OF COMMERCIAL ITEMS (SEP 2012) ........................................................... B-39

B.13 52.228-9 CARGO INSURANCE (MAY 1999) .......................................................................... B-41

B.14 52.228-10 VEHICULAR AND GENERAL PUBLIC LIABILITY INSURANCE (APR 1984) B-41

B.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) .................................. B-41

B.16 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS ...................................... B-42

B.17 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS .................................. B-44

HSFE10-14-Q-0001 DHS / FEMA

A.2 PRICE/COST SCHEDULE

ITEM DESCRIPTION OF SUPPL QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SERVICES PRICE

0001 Rate Per Flight Hour with Pilot 1.00 Hourly___________________ ____________________ (Small Aircraft)

0002 Rate Per Flight Hour with Pilot 1.00 Hourly___________________ ____________________

(Medium Aircraft)

0003 Rate Per Flight Hour with Pilot 1.00 Hourly___________________ ____________________ (Large Aircraft)

0004 Standby Rate Per Hour 1.00 Hourly___________________ ____________________ (Small Aircraft) For Orders- FEMA Missions Under 24 Hours

0005 Standby Rate Per Hour 1.00 Hourly___________________ ____________________ (Medium Aircraft) For Orders- FEMA Missions Under 24 Hours

0006 Standby Rate Per Hour 1.00 Hourly___________________ ____________________

(Large Aircraft) For Orders- FEMA Missions Under 24 Hours

0007 Cost Per Flight Hour with CoPilot 1.00 Hourly___________________ ____________________ Additional Cost Per Flight Hour When CoPilot is Requested or Needed

0008 Standby Rate Per Hour For Pilot 1.00 Hourly___________________ ____________________ Over 9 Hours

0009 Standby Rate Per Hour For CoPilot 1.00 Hourly___________________ ____________________ Over 9 Hours (When Needed or Requested)

0010 Cargo 1.00 LBS ___________________ ____________________

0011 Miscellaneous Costs (Unforeseeable Cost) 1.00 Hourly___________________ ____________________ Related to FEMA Air Passenger

A.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DATE OF DELIVERY

0001 1.00 TBD Per Task Order

0002 1.00 TBD Per Task Order

0003 1.00 TBD Per Task Order

0004 1.00 TBD Per Task Order

0005 1.00 TBD Per Task Order

0006 1.00 TBD Per Task Order

0007 1.00 TBD Per Task Order

0008 1.00 TBD Per Task Order

0009 1.00 TBD Per Task Order

0010 1.00 TBD Per Task Order

0011 1.00 TBD Per Task Order

PERFORMANCE WORK STATEMENT

Department of Homeland Security Federal Emergency Management Agency has a requirement for Air Passenger Transportation within the State of Alaska.

BACKGROUND: The Federal Emergency Management Agency (FEMA) mission is to reduce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and other man-made disasters, by leading and supporting the Nation in a risk based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation.

The FEMA coordinates and provides the core Federal disaster response capability needed to save lives, reduce suffering, and protect property in communities throughout the Nation that have been overwhelmed by the impact of a major disaster or emergency, regardless of cause. The FEMA must ensure that Federal emergency response systems and capabilities are properly poised to lean forward to support States and communities overwhelmed by disasters and emergencies.

To support declared or undeclared emergencies and disaster response operations within the United States, its territories and possessions, FEMA may need to transport responders, personnel, equipment, and vehicles to affected areas. To meet this need, FEMA requires a contracted source of air transportation services for various types of charter jet aircraft, corresponding but not limited to types described in this PWS. A contract of this type will enable FEMA to proactively support the emergency response needs associated with natural, technological and man-made disasters in a timely manner.

SCOPE: FEMA has a requirement for Air Passenger Transportation within the State of Alaska. The number of passengers per flight will vary between 2 and 16 based on the mission (with or without cargo). In exceptional emergency circumstances larger missions may require larger aircraft or multiple aircraft to perform the mission.

Occurrences of flights will be on an as needed basis. However, the Government anticipates a minimum of 1 flight per week from Anchorage to Galena. Other destinations may include but are not limited to: Fort Yukon, Circle, Eagle, Tok, Hughes, Emmonak and Alakanuk. Flights should depart from the closest contractor base such as Anchorage, Fairbanks or Bethel.

PERIOD OF PERFORMANCE: November 1, 2013 to May 31, 2013 with the option to extend for an additional (not-to-exceed) twelve months.

SPECIFICATIONS: The contractor shall provide all equipment, personnel, facilities, supplies and services necessary to perform passenger (with or without cargo) air transportation services as described per task order. Each task order will include a Performance Work Statement (PWS) detailing each requirement. The contractor shall provide aircraft(s) certified by the Federal Aviation Administration (FAA), Department of Transportation (DoT), and current commercial standards applicable to commercial aircraft charter.

Contractor furnished aircraft and equipment must be operable, free of damage, and in good repair. The aircraft interior must be clean and neat with no unrepaired tears, rips or other damage. The interior finish, including the paint, must be clean, neat, and in good condition. Any corrosion must be within manufacturer or FAA acceptable limits. Aircrafts must be within compliance with temperature gauge, seatbelts, fire extinguisher(s), and communication systems. Applicable to operations in the State of Alaska-one Iridium Satellite-Based Aircraft Tracking (ISAT) system is required for all aircraft.

The contractor must ensure that the aircraft and all required equipment are operated and maintained in accordance with the manufacturer’s specification. The contractor must comply with the Manufacturer’s Mandatory Service Bulletins (MMSBs) and FAA Airworthiness Directives (ADs) before and during agreement performance. The contractor must provide and make available a list of complied with MMSBs and FAA Ads applicable to the contract aircraft complete with authorized signature, certificate, type and number.

The contractor shall provide a pilot(s) who possesses the required certificates or evidence of having satisfactorily passed the evaluations for the required tasks to include but not limited to: FAA Commercial Pilot or Airline Transport Pilot (ATP) certificate with appropriate category, class, and type rating if required; instrument rating or ATP for airplanes; a minimum of a current second-class medical certificate issued under provisions of 14 CFR Part 67; evidence of satisfactorily passing all required FAA flight checks in accordance with provisions of 14 CFR Part 135. All pilots must meet the currency requirement of 14 CFR 61.57;

and the Pilot in Command must meet flight time requirements of 14 CFR 135.

The contractor must operate in accordance with their approved FAA Operations Specification and all portions of 14 CFR Part 91.

Under 14 CFR 121 operators must comply with their approved standards for operations, personnel, equipment, avionics, maintenance, and servicing. The contractor must ensure that all personnel operate in compliance with the following requirements:

manifesting, passenger briefing, flight plans, and no smoking requirements.

AVAILABILITY REQUIREMENTS: The contractor shall provide the approved aviation services upon acceptance of a task order. The order period and destination will be stated per task order. Services under each task order are subject to termination by either party upon a 24-hour notice, prior to commencement of work, unless a longer period is agreed upon in writing.

Aircraft use shall be subject to the exclusive use and control of the Government throughout the ordered period of use. The date and time of hire and time of release shall be recorded on the aircraft use report form. During the exclusive use period of hire and any extension, the contractor must be in compliance with all task order requirements and available and capable of providing service up to 14 hours per day, or as scheduled by the Government. Personnel must be available a minimum of nine hours each day, or as scheduled by the Government.

Standby is intended to provide the contractor compensation for employee time when ordered services are provided in excess of the first nine hours of service. Ordered standby must not exceed individual crew members’ daily duty limitations. There may be emergency instances when contractor personnel must be on standby as scheduled and must be ready for takeoff/dispatch within 15 minutes after the Government attempts to contact the contractor. Extended standby is not intended to compensate the contractor for hours necessary to service and maintain the aircraft.

The contractor personnel may be released and considered to be off duty prior to lapse of their individual crew duty limitation period. Once released, they cannot be required to return to duty status that day and service will be recorded as fully available status, provided the authorized Government representative has approved in advance release of the Contractor’s personnel.

MEASUREMENT OF PAYMENT for flight will be measured from the time the aircraft commences its take-off roll until it returns to the blocks. Elapsed time will be measured in hours and tenth/hundredths of hours. The Government will pay for all flights ordered by the Contracting Officer or the designated Government representative and flown by the contractor at the rates set forth in the Pricing Schedule. The Government does not guarantee any minimum or maximum number of flight hours under this agreement.

Mobilization / Demobilization the Government will pay for mobilization and demobilization by the contractor once a task order is placed and the contractor accepts the order. The contractor will be paid flight time to and from the contractor’s base of operations as specified on their Aviation Management Directorate or the location of the air craft at the time of hire, whichever is in the best interest of the Government. The Government will not pay for inspections, maintenance, or maintenance testing. Additionally, the contractor is responsible for the cost of all fuel and/or any cost associated with fueling aircraft(s) required to perform under this agreement.

Standby airplane mission under 24-hours, the Government will pay for standby time when properly invoiced and reported on the Aircraft Use Report Form, at the agreed upon rate in the Pricing Schedule. Standby will not be earned for stops involving passenger exchange, cargo loading/unloading, fuel stops, lunch breaks, or acts of God, such as weather, which prevents the continuation of flight.

The contractor is responsible for the cost of all fuel required to perform under this agreement. The Government will not pay for any fuel services associated with this agreement. Fuel services, maintenance and maintenance services will be the responsibility of the contractor.

Seat fares may be offered by the contractor (fixed price tariff) under the Pricing Schedule when approved by the Contracting Officer as part of the proposal of costs. When fares are used as the form of compensation, the flight shall not be subject to the exclusive use and control of the Government and/or its traveler. However, the aircraft and pilot must meet the specified requirements as stated in this document.

Miscellaneous unforeseeable costs that cannot be recovered through the Pricing Schedule payment rates and that are the direct result of ordered services away from the contractor’s aircraft base of operations may be paid by the Government at actual costs, when authorized in advance by the Contracting Officer or the Contracting Officer Representative. Any unforeseeable costs must be supported with backup documentation such as a properly documented invoice.

BLANKET PURCHASE AGREEMENT (BPA): The agreement period for each contractor under this BPA shall be from the date of award by the Contracting Officer under the Standard Form 1449 Solicitation Contract Order for Commercial Items (SF1449), to May 31, 2014, with an option to extend the contract for an additional (not-to-exceed) twelve months. However, the contract may be terminated by either party in writing prior to the end of the agreement. Under the BPA, the Government does not guarantee the placement of any orders for service and the contractor is not obligated to accept any orders. The Government is obligated only to the extent of a sign task order which states the services to be performed. Once the contractor accepts an order from the Government’s Contracting Officer, the contractor is obligated to perform in accordance with the terms and conditions stated herein and per task order.

Orders placed against this agreement shall not exceed $25,000.00 per ordered project, unless authorized by the Contracting Officer. Price is a mandatory consideration when pricing order for service, however, the Government reserves the right to justify a trade-off of higher prices to other factors such as time, past performance, and/or aircraft capabilities.

For the purpose of this BPA, multiple awards may be made to Local Alaska Air Passenger Transportation contractors who possess various aircraft types to meet the requirements of FEMA. Therefore, the contractor’s initial offer should contain the best terms and conditions from a price standpoint. Offerors that are considered unreasonable will not be considered for award.

INSTRUCTIONS TO OFFER:

Send proposal to daisy.joseph@fema.dhs.gov in addition to the following submittals and evaluation of proposal information shown in B.1 52.212-2 EVALUATION--COMMERCIAL ITEMS.

SUBMITTALS:

• Cancelation Policy

• List All Aircraft types intended for use in this requirement:

o Maximum Passenger Capacity o Maximum Payload o Turbo or Reciprocating & Number of Engines o Pressurized or Nonpressurized o Cargo Door o Minimum Runway Length (at maximum gross weight) o Iridium Satellite Aircraft Tracking

• Pricing Schedule o Flight Hour Rate o Stand by Rate Per Hour

• Completed SF 1444 (Contractor’s Name, Address, Phone Number, Signature, Title, and Date) mailto:daisy.joseph@fema.dhs.gov

SECTION B - CLAUSES & PROVISIONS

B.1 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

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

1. Past Performance

2. Technical

a. Cancellation Policy

b. Certification Under 14 CFR Part 121 or 14 CFR Part 135 and Standard Airworthiness Certification issued under 14 CFR 21.183

3. Price

Technical and past performance, when combined, are equal.

Evaluation of Offers:

1. Past performance will be evaluated based on work in the past. Your past performance will be evaluated based on information obtained from references.

2. Offeror must agree to the terms and conditions as stated in this solicitation.

a. Cancellation Policy will be weight for a cancellation policy that is advantageous to the Government.

b. Offeror must propose an aircraft that meets or exceeds the minimum aircraft requirement specifications located in this solicitation to include 14 CFR Part 121 or 14 CFR Part 135 and Standard Airworthiness Certification (see submittal).

3. Prices will be evaluated to ensure they are fair and reasonable when compared to other similar aircraft models providing commercial flight services.

(b) 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.

B.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (AUG

2013)

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 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 http://www.acquisition.gov/

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

"Women-owned 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.

"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 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

(i) General. The offeror represents that either--

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

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

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

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

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

(ii) It [ ] is, [ ] is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the 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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Supplies, is included in this solicitation.)

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

(2) Foreign End Products:

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

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American Act--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 Act--Free Trade Agreements--Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Buy American Act--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 Act-- 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, designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

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

(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 $3,000 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. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. 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.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

(1) Listed end products.

Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph…