Synopsis-Solicitation.pdf
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- Vessel Tracking Satellite & AIS Subscription Service Federal contract opportunity
- Solicitation number
- HTC711-17-Q-D039
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| General | Information: | ||||
| Document | Type: | Combined | Synopsis/Solicitation | ||
| Solicitation | Number: | HTC711‐17‐Q‐D039 | |||
| Set‐Aside: | N/A |
NAICS Code: 517919—All Other Telecommunications
Contracting Office Address:
| United | States | Transportation | Command | (USTRANSCOM), | Directorate | of | Acquisition, | DPO | |||
| Support | Division | (TCAQ‐D), | 508 | Scott | Drive, | Building | 1900W, | Scott | AFB, | IL | 62225‐5357, |
Description:
| This | notice | is | a | combined | synopsis/solicitation | for | commercial | items | prepared | in | accordance | with | ||||
| the | format | in | Subpart | 12.6, | as | supplemented | with | additional | information | included | in | this | notice. | |||
| This | announcement | constitutes | the | only | solicitation; | quotes | are | being | requested | and | a | separate | ||||
| written | solicitation | will | not | be | issued. | This | solicitation | is | issued | as | a | Request | for | Quotation | (RFQ) | |
| and | the | reference | number | is | HTC711‐17‐Q‐D039. | The | North | American | Industry | Classification | ||||||
| System | code | is | 517919 | with | a | business | size | standard | of | $32.5 | million. |
| USTRANSCOM | and | Surface | Deployment | and | Distribution | Command | require | the | capability | to | |||||||||
| globally | track | vessels. | The | contractor | shall | provide | an | automated, | worldwide, | hourly | vessel | ||||||||
| tracking | service | to | allow | for | in‐transit | visibility | to | the | warfighter. | Previous | tracking | capability | was | ||||||
| based | on | individual | vessel | ‘pings’ | to | buoys | within | various | locations | worldwide. | Satellite | coverage | is | ||||||
| needed | to | provide | global | data, | not | just | within | the | range | of | buoys. | The | data | that | will | be | provided | by | |
| this | web‐based | satellite | subscription | provides | web‐enabled | location | and | mapping | services. | The | |||||||||
| Government | requires | that | no | additional | equipment | be | installed | onto | the | vessels | in | order | to | support | |||||
| the | coverage. | The | satellite | data | will | need | to | provide | coverage | for | approximately | 10,000 | unique | ||||||
| vessels | within | any | 24‐hour | period. |
| Request | for | Quote | (RFQ): | Quotes | will | be | evaluated | using | the | lowest | price | technically | acceptable | |||
| (LPTA) | evaluation | method. | Offerors | shall | complete | the | RFQ | Information | Sheet | below | along | with | ||||
| your | quote, | as | well | as, | provide | an | explanation | on | how | you | will | adhere | to | the | requirements | outlined |
| in | Attachment | 1. |
The FAR and DFARS provisions and clauses that apply to this acquisition are provided in the RFQ.
| Any | questions | related | to | this | requirement | shall | be | received | by | the | POCs | identified | below | by | 6:00 | |
| AM | (CDT) | Wednesday, | 6 | September | 2017. | Any | questions | submitted | by | offerors | after | this | date | may | ||
| not | be | answered | prior | to | response | deadline. | All | quotes | must | be | received | not | later | than | 3:00 | PM |
| (CDT), | 12 | Sep | 2017, | and | shall | be | e‐mailed | to | Alicia | Osborn | at | USTRANSCOM, | Directorate | of | ||
| Acquisition | at | alicia.m.osborn.civ@mail.mil | and | David | Swaney | at | USTRANSCOM | Directorate | of | |||||||
| Acquistion | at | david.q.swaney.civ@mail.mil. |
Point of Contacts:
| Alicia | Osborn, | Contract | Specialist, | 618‐220‐7054, | alicia.m.osborn.civ@mail.mil |
| David | Swaney, | Contracting | Officer, | 618‐220‐7136, | david.q.swaney.civ@mail.mil |
Place of Performance:
| Address: | Surface | Deployment | & | Distribution | Command |
| 1 | Soldier | Way | |||
| Scott | AFB, | IL | 62225 |
Request for Quote Information Sheet
HTC711‐17‐Q‐D039
Vessel Tracking Satellite & AIS Subscription Services
QUOTES SHALL BE RECEIVED PRIOR TO TUESDAY, 12 September 2017 AT 3PM CT
Government Points of Contact:
| Ms. | Alicia | Osborn, | Contract | Specialist | Mr. | David | Q. | Swaney, | Contracting | Officer |
| USTRANSCOM/TCAQ‐D | USTRANSCOM/TCAQ‐D | |||||||||
| 508 | Scott | Drive, | Bldg | 1900W | 508 | Scott | Drive, | Bldg | 1900W | |
| Scott | AFB, | IL | 62225 | Scott | AFB, | IL | 62225 | |||
| 618‐220‐7054 | 618‐220‐7136 | |||||||||
| alicia.m.osborn.civ@mail.mil | david.q.swaney.civ@mail.mil |
Please complete the following information and submit with your quote.
| Offeror | Name | / | Address |
| (Please | include | Zip+4) |
| Telephone | Number | ||
| Address | |||
| Cage | Code | ||
| DUNS | Number | ||
| GSA | Schedule | (if | applicable) |
Approved NAICS Code 517919 – All Other Telecommunications
Business Size (according to NAICS) Small Large
Check all that apply to your firm
| HubZone | Small | Business | |||
| Service | Disabled | Veteran‐Owned | Small | Business | |
| Veteran‐Owned | Small | Business | |||
| Small | Disadvantaged | Business | |||
| Woman‐Owned | Small | Business | |||
| Economically | Disadvantaged | Woman‐Owned | Small |
Business
| Prompt | Payment | Discount |
| (if | applicable) |
FOB Point:
| ** | System | for | Award | Management | (SAM): | Please | ensure | that | all | information | contained | in | SAM | is |
| current | and | that | registration | has | not | expired. | ** |
| 1. | CLIN | Structure. | Insert | unit | prices | and | extended | amounts | as | required | in | the | Pricing | Schedule | ||
| below | and | return | with | your | quote. |
Vessel Tracking Satellite and AIS Subscription Service
1 October 2017 – 30 September 2022
CLIN Number Qty Unit Unit Price Extended Total Amount
CLIN 0001 –
| Vessel | Tracking | Satellite | Service |
| Subscription | Renewal |
| Satellite | Vessel | Tracking | Coverage | and | ||
| supply | of | AIS | data | through | hourly | web |
| service | subscription | for | up | to | 50 | |
| concurrent | users, | Period | of |
Performance:
1 October 2017 – 30 September 2018
1 Each $_______ $__________________
CLIN 1001 –
| Vessel | Tracking | Satellite | Service |
| Subscription | Renewal |
| Satellite | Vessel | Tracking | Coverage | and | ||
| supply | of | AIS | data | through | hourly | web |
| service | subscription | for | up | to | 50 | |
| concurrent | users, | Period | of |
Performance:
1 October 2018 – 30 September 2019
1 Each $_______ $__________________
CLIN 2001 –
| Vessel | Tracking | Satellite | Service |
| Subscription | Renewal |
| Satellite | Vessel | Tracking | Coverage | and | ||
| supply | of | AIS | data | through | hourly | web |
| service | subscription | for | up | to | 50 | |
| concurrent | users, | Period | of |
Performance:
1 October 2019 – 30 September 2020
1 Each $_______ $__________________
CLIN 3001 –
| Vessel | Tracking | Satellite | Service |
| Subscription | Renewal |
| Satellite | Vessel | Tracking | Coverage | and | ||
| supply | of | AIS | data | through | hourly | web |
| service | subscription | for | up | to | 50 | |
| concurrent | users, | Period | of |
Performance:
1 October 2020 – 30 September 2021
1 Each $_______ $__________________
CLIN 4001 –
| Vessel | Tracking | Satellite | Service |
| Subscription | Renewal |
| Satellite | Vessel | Tracking | Coverage | and | ||
| supply | of | AIS | data | through | hourly | web |
| service | subscription | for | up | to | 50 | |
| concurrent | users, | Period | of |
Performance:
1 October 2021 – 30 September 2022
1 Each $_______ $__________________
TOTAL: $________________
2. Your quote will be evaluated in accordance with the following factor: Lowest Price Technically Acceptable.
3. The following provisions are incorporated by reference:
| 52.204‐7 | ‐‐ | System | for | Award | Management | (Jul | 2013) | ||
| 52.204‐16 | – | Commercial | and | Government | Entity | Code | Reporting | (Jul | 2016) |
| 52.212‐1 | – | Instructions | to | Offers | – | Commercial | Items | (Jan | 2017) |
| 52.217‐5 | – | Evaluation | of | Options | (Jul | 1990) | |||||
| 52.222‐56 | ‐‐ | Certification | Regarding | Trafficking | in | Persons | Compliance | Plan | (Mar | 2015) | |
| 252.203‐7005 | ‐‐ | Representation | Relating | to | Compensation | of | Former | DoD | Officials. | (Nov |
2011)
| 252.203‐7998 | ‐‐ | Prohibition | on | contracting | with | Entities | that | Require | Certain | Internal |
| Confidentiality | Agreements | – | Representation | (Dev) | (Feb | 2015) | ||||
| 252.204‐7008 | – | Compliance | with | Safeguarding | Covered | Defense | Information | Controls | (Oct |
2016)
| 252.204‐7011 | – | Alternative | Line | Item | Structure | (Sep | 2011) | |||
| 252.209‐7999 | ‐‐ | Representation | by | Corporations | Regarding | an | Unpaid | Delinquent | Tax | |
| Liability | or | a | Felony | Conviction | under | any | Federal | Law | (May | 2014) |
| 252.215‐7008 | – | Only | One | Offer | (Oct | 2013) | ||||
| 252.222‐7007 | – | Representation | Regarding | Combating | Trafficking | in | Persons | (Jan | 2015) | |
| 252.239‐7009 | – | Representation | of | Use | of | Cloud | Computing | (Sep | 15) |
4. The following provisions are incorporated by 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 | ||||
| proceeding | at | the | Federal | and | State | level | but | only | in | connection | with | performance | of | a |
| Federal | contract | or | grant. | It | does | not | include | agency | actions | such | as | contract | audits, | site |
| visits, | corrective | plans, | or | inspection | of | deliverables. |
“Federal contracts and grants with total value greater than $10,000,000” means—
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under
| indefinite‐delivery, | indefinite‐quantity, | 8(a), | or | requirements | contracts | (including | task | and |
| delivery | and | multiple‐award | Schedules). |
“Principal” means an officer, director, owner, partner, or a person having primary
| management | or | supervisory | responsibilities | within | a | business | entity | (e.g., | general | |||
| manager; | plant | manager; | head | of | a | division | or | business | segment; | and | similar | positions). |
(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror
| represents, | by | submission | of | this | offer, | that | the | information | it | has | entered | in | the | Federal | |
| Awardee | Performance | and | Integrity | Information | System | (FAPIIS) | is | current, | accurate, | and | |||||
| complete | as | of | the | date | of | submission | of | this | offer | with | regard | to | the | following | information: |
(1) Whether the offeror, and/or any of its principals, has or has not, within the last
| five | years, | in | connection | with | the | award | to | or | performance | by | the | offeror | of | a | Federal |
| contract | or | grant, | been | the | subject | of | a | proceeding, | at | the | Federal | or | State | level | that |
| resulted | in | any | of | the | following | dispositions: |
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in—
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of
$100,000.
| (iv) | In | a | criminal, | civil, | or | administrative | proceeding, | a | disposition | of | the | matter | ||||||||
| by | consent | or | compromise | with | an | acknowledgment | of | fault | by | the | Contractor | if | the | |||||||
| proceeding | could | have | led | to | any | of | the | outcomes | specified | in | paragraphs | (c)(1)(i), | ||||||||
| (c)(1)(ii), | or | (c)(1)(iii) | of | this | provision. |
(2) If the offeror has been involved in the last five years in any of the occurrences
| listed | in | (c)(1) | of | this | provision, | whether | the | offeror | has | provided | the | requested |
| information | with | regard | to | each | occurrence. |
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv)
| of | this | provision | in | FAPIIS | as | required | through | maintaining | an | active | registration | in | the |
| System | for | Award | Management | database | via | https://www.acquisition.gov | (see | 52.204‐7). | |||||
| (End | of | provision) |
52.212‐3 ‐‐ Offeror Representations and Certifications ‐‐ Commercial Items (Jan 2017)
| The | offeror | shall | complete | only | paragraphs | (b) | of | this | provision | if | the | Offeror | has |
| completed | the | annual | representations | and | certification | electronically | via | the | System | for | |||
| Award | Management | (SAM) | Web | site | located | at | http://www.sam.gov/portal. | If | the | Offeror | |||
| has | not | completed | the | annual | representations | and | certifications | electronically, | the | Offeror | |||
| shall | complete | only | paragraphs | (c) | through | (u) | of | this | provision. |
(a) Definitions. As used in this provision‐‐
| “Administrative | merits | determination” | means | certain | notices | or | findings | of | labor | law | ||||
| violations | issued | by | an | enforcement | agency | following | an | investigation. | An | administrative | ||||
| merits | determination | may | be | final | or | be | subject | to | appeal | or | further | review. | To | determine |
| whether | a | particular | notice | or | finding | is | covered | by | this | definition, | it | is | necessary | to |
| consult | section | II.B | in | the | DOL | Guidance. |
| “Arbitral | award | or | decision” | means | an | arbitrator | or | arbitral | panel | determination | that | a | ||||
| labor | law | violation | occurred, | or | that | enjoined | or | restrained | a | violation | of | labor | law. | It | ||
| includes | an | award | or | decision | that | is | not | final | or | is | subject | to | being | confirmed, | modified, | or |
| vacated | by | a | court, | and | includes | an | award | or | decision | resulting | from | private | or | confidential | ||
| proceedings. | To | determine | whether | a | particular | award | or | decision | is | covered | by | this | ||||
| definition, | it | is | necessary | to | consult | section | II.B | in | the | DOL | Guidance. |
“Civil judgment” means‐‐
| (1) | In | paragraph | (h) | of | this | provision: | A | judgment | or | finding | of | a | civil | offense | by | any | court |
| of | competent | jurisdiction. |
| (2) | In | paragraph | (s) | of | this | provision: | Any | judgment | or | order | entered | by | any | Federal | or | |||
| State | court | in | which | the | court | determined | that | a | labor | law | violation | occurred, | or | enjoined | ||||
| or | restrained | a | violation | of | labor | law. | It | includes | a | judgment | or | order | that | is | not | final | or | is |
| subject | to | appeal. | To | determine | whether | a | particular | judgment | or | order | is | covered | by | this | ||||
| definition, | it | is | necessary | to | consult | section | II.B | in | the | DOL | Guidance. |
| “DOL | Guidance” | means | the | Department | of | Labor | (DOL) | Guidance | entitled: | “Guidance | for | ||
| Executive | Order | 13673, | ‘Fair | Pay | and | Safe | Workplaces’ | “. | The | DOL | Guidance, | dated | August |
| 25, | 2016, | can | be | obtained | from | www.dol.gov/fairpayandsafeworkplaces. |
| “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. |
| “Enforcement | agency” | means | any | agency | granted | authority | to | enforce | the | Federal | labor | |||||
| laws. | It | includes | the | enforcement | components | of | DOL | (Wage | and | Hour | Division, | Office | of | |||
| Federal | Contract | Compliance | Programs, | and | Occupational | Safety | and | Health | ||||||||
| Administration), | the | Equal | Employment | Opportunity | Commission, | the | Occupational | Safety | ||||||||
| and | Health | Review | Commission, | and | the | National | Labor | Relations | Board. | It | also | means | a | |||
| State | agency | designated | to | administer | an | OSHA‐approved | State | Plan, | but | only | to | the | extent | |||
| that | the | State | agency | is | acting | in | its | capacity | as | administrator | of | such | plan. | It | does | not |
| include | other | Federal | agencies | which, | in | their | capacity | as | contracting | agencies, | conduct | |||||
| investigations | of | potential | labor | law | violations. | The | enforcement | agencies | associated | with | ||||||
| each | labor | law | under | E.O. | 13673 | are‐‐ |
(1) Department of Labor Wage and Hour Division (WHD) for‐‐
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act;
(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(vi) The Family and Medical Leave Act; and
(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for‐‐
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA‐approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for‐‐
(i) Section 503 of the Rehabilitation Act of 1973;
| (ii) | The | Vietnam | Era | Veterans' | Readjustment | Assistance | Act | of | 1972 | and | the | Vietnam | Era |
| Veterans' | Readjustment | Assistance | Act | of | 1974; | and |
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for‐‐
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
“Forced or indentured child labor” means all work or service—
| (6) | Exacted | from | any | person | under | the | age | of | 18 | under | the | menace | of | any | penalty | for | its |
| nonperformance | and | for | which | the | worker | does | not | offer | himself | voluntarily; | or |
| (7) | Performed | by | any | person | under | the | age | of | 18 | pursuant | to | a | contract | the | enforcement | of |
| which | can | be | accomplished | by | process | or | penalties. |
| “Highest‐level | owner” | means | the | entity | that | owns | or | controls | an | immediate | owner | of | the | ||
| offeror, | or | that | owns | or | controls | one | or | more | entities | that | control | an | immediate | owner | of |
| the | offeror. | No | entity | owns | or | exercises | control | of | the | highest | level | owner. |
| “Immediate | owner” | means | an | entity, | other | than | the | offeror, | that | has | direct | control | of | the | |
| offeror. | Indicators | of | control | include, | but | are | not | limited | to, | one | or | more | of | the | following: |
| Ownership | or | interlocking | management, | identity | of | interests | among | family | members, | ||||||
| shared | facilities | and | equipment, | and | the | common | use | of | employees. |
| “Inverted | domestic | corporation,” | means | a | foreign | incorporated | entity | that | meets | the | ||
| definition | of | an | inverted | domestic | corporation | under | 6 | U.S.C. | 395(b), | applied | in | accordance |
| with | the | rules | and | definitions | of | 6 | U.S.C. | 395(c). |
| “Labor | compliance | agreement” | means | an | agreement | entered | into | between | a | contractor | or | |
| subcontractor | and | an | enforcement | agency | to | address | appropriate | remedial | measures, | |||
| compliance | assistance, | steps | to | resolve | issues | to | increase | compliance | with | the | labor | laws, |
| or | other | related | matters. |
“Labor laws” means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
| (9) | The | Vietnam | Era | Veterans' | Readjustment | Assistance | Act | of | 1972 | and | the | Vietnam | Era |
| Veterans' | Readjustment | Assistance | Act | of | 1974. |
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
(12) The Americans with Disabilities Act of 1990.
(13) The Age Discrimination in Employment Act of 1967.
(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
| (15) | Equivalent | State | laws | as | defined | in | the | DOL | Guidance. | (The | only | equivalent | State | laws |
| implemented | in | the | FAR | are | OSHA‐approved | State | Plans, | which | can | be | found | at |
www.osha.gov/dcsp/osp/approved_state_plans.html).
| “Labor | law | decision” | means | an | administrative | merits | determination, | arbitral | award | or | |||||
| decision, | or | civil | judgment, | which | resulted | from | a | violation | of | one | or | more | of | the | laws |
| listed | in | the | definition | of | “labor | laws”. |
| “Manufactured | end | product” | means | any | end | product | in | product | and | service | codes | (PSCs) |
| 1000‐9999, | except— |
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
| “Place | of | manufacture” | means | the | place | where | an | end | product | is | assembled | out | of | |
| components, | or | otherwise | made | or | processed | from | raw | materials | into | the | finished | product | ||
| that | is | to | be | provided | to | the | Government. | If | a | product | is | disassembled | and | reassembled, |
| the | place | of | reassembly | is | not | the | place | of | manufacture. |
| “Predecessor” | means | an | entity | that | is | replaced | by | a | successor | and | includes | any |
| predecessors | of | the | predecessor. |
| “Restricted | business | operations” | means | business | operations | in | Sudan | that | include | power | |||||
| production | activities, | mineral | extraction | activities, | oil‐related | activities, | or | the | production | ||||||
| of | military | equipment, | as | those | terms | are | defined | in | the | Sudan | Accountability | and | |||
| Divestment | Act | of | 2007 | (Pub. | L. | 110‐174). | Restricted | business | operations | do | not | include | |||
| business | operations | that | the | person | (as | that | term | is | defined | in | Section | 2 | of | the | Sudan |
| Accountability | and | Divestment | Act | of | 2007) | conducting | the | business | can | demonstrate— |
| (1) | Are | conducted | under | contract | directly | and | exclusively | with | the | regional | government | of |
| southern | Sudan; |
| (2) | Are | conducted | pursuant | to | specific | authorization | from | the | Office | of | Foreign | Assets | |
| Control | in | the | Department | of | the | Treasury, | or | are | expressly | exempted | under | Federal | law |
| from | the | requirement | to | be | conducted | under | such | authorization; |
(3) Consist of providing goods or services to marginalized populations of Sudan;
| (4) | Consist | of | providing | goods | or | services | to | an | internationally | recognized | peacekeeping |
| force | or | humanitarian | organization; |
| (5) | Consist | of | providing | goods | or | services | that | are | used | only | to | promote | health | or |
| education; | or |
(6) Have been voluntarily suspended.
Sensitive technology—
| (1) | Means | hardware, | software, | telecommunications | equipment, | or | any | other | technology |
| that | is | to | be | used | specifically— |
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
| (2) | Does | not | include | information | or | informational | materials | the | export | of | which | the | |
| President | does | not | have | the | authority | to | regulate | or | prohibit | pursuant | to | section | 203(b)(3) |
| of | the | International | Emergency | Economic | Powers | Act | (50 | U.S.C. | 1702(b)(3)). |
“Service‐disabled veteran‐owned small business concern”—
(1) Means a small business concern—
| (i) | Not | less | than | 51 | percent | of | which | is | owned | by | one | or | more | service‐disabled | veterans | or, | ||
| in | the | case | of | any | publicly | owned | business, | not | less | than | 51 | percent | of | the | stock | of | which | is |
| owned | by | one | or | more | service‐disabled | veterans; | and |
| (ii) | The | management | and | daily | business | operations | of | which | are | controlled | by | one | or | more |
| service‐disabled | veterans | or, | in | the | case | of | a | service‐disabled | veteran | with | permanent | and | ||
| severe | disability, | the | spouse | or | permanent | caregiver | of | such | veteran. |
| (2) | Service‐disabled | veteran | means | a | veteran, | as | defined | in | 38 | U.S.C. | 101(2), | with | a |
| disability | that | is | service‐connected, | as | defined | in | 38 | U.S.C. | 101(16). |
| “Small | business | concern” | means | a | concern, | including | its | affiliates, | that | is | independently | ||||
| owned | and | operated, | not | dominant | in | the | field | of | operation | in | which | it | is | bidding | on |
| Government | contracts, | and | qualified | as | a | small | business | under | the | criteria | in | 13 | CFR | Part | |
| 121 | and | size | standards | in | this | solicitation. |
| “Small | disadvantaged | business | concern, | consistent | with | 13 | CFR | 124.1002,” | means | a | small |
| business | concern | under | the | size | standard | applicable | to | the | acquisition, | that‐‐ |
| (1) | Is | at | least | 51 | percent | unconditionally | and | directly | owned | (as | defined | at | 13 | CFR |
| 124.105) | by‐‐ |
| (i) | One | or | more | socially | disadvantaged | (as | defined | at | 13 | CFR | 124.103) | and | economically |
| disadvantaged | (as | defined | at | 13 | CFR | 124.104) | individuals | who | are | citizens | of | the | United |
| States; | and |
| (ii) | Each | individual | claiming | economic | disadvantage | has | a | net | worth | not | exceeding | |
| $750,000 | after | taking | into | account | the | applicable | exclusions | set | forth | at | 13 | CFR |
| 124.104(c)(2); | and |
| (2) | The | management | and | daily | business | operations | of | which | are | controlled | (as | defined | at | |
| 13.CFR | 124.106) | by | individuals, | who | meet | the | criteria | in | paragraphs | (1)(i) | and | (ii) | of | this |
definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
| “Successor” | means | an | entity | that | has | replaced | a | predecessor | by | acquiring | the | assets | and | ||
| carrying | out | the | affairs | of | the | predecessor | under | a | new | name | (often | through | acquisition | or | |
| merger). | The | term | “successor” | does | not | include | new | offices/divisions | of | the | same | company | |||
| or | a | company | that | only | changes | its | name. | The | extent | of | the | responsibility | of | the | successor |
| for | the | liabilities | of | the | predecessor | may | vary, | depending | on | State | law | and | specific |
circumstances.
“Veteran‐owned small business concern” means a small business concern—
| (1) | Not | less | than | 51 | percent | of | which | is | owned | by | one | or | more | veterans(as | defined | at | 38 |
| U.S.C. | 101(2)) | or, | in | the | case | of | any | publicly | owned | business, | not | less | than | 51 | percent | of | the |
| stock | of | which | is | owned | by | one | or | more | veterans; | and |
(2) The management and daily business operations of which are controlled by one or more veterans.
| “Women‐owned | business | concern” | means | a | concern | which | is | at | least | 51 | percent | owned | by | ||||
| one | or | more | women; | or | in | the | case | of | any | publicly | owned | business, | at | least | 51 | percent | of |
| the | its | stock | is | owned | by | one | or | more | women; | and | whose | management | and | daily | business | ||
| operations | are | controlled | by | one | or | more | women. |
“Women‐owned small business concern” means a small business concern ‐‐
| (1) | That | is | at | least | 51 | percent | owned | by | one | or | more | women | or, | in | the | case | of | any | publicly |
| owned | business, | at | least | 51 | percent | of | the | stock | of | which | is | owned | by | one | or | more | women; |
and
(2) Whose management and daily business operations are controlled by one or more women.
| “Women‐owned | small | business | (WOSB) | concern | eligible | under | the | WOSB | Program | (in | |||||
| accordance | with | 13 | CFR | part | 127),” | means | a | small | business | concern | that | is | at | least | 51 |
| percent | directly | and | unconditionally | owned | by, | and | the | management | and | daily | business | ||||
| operations | of | which | are | controlled | by, | one | or | more | women | who | are | citizens | of | the | United |
States.
| Note | to | paragraph | (a): | By | a | court | order | issued | on | October | 24, | 2016, | the | following |
| definitions | in | this | paragraph | (a) | are | enjoined | indefinitely | as | of | the | date | of | the | order: |
| “Administrative | merits | determination”, | “Arbitral | award | or | decision”, | paragraph | (2) | of | |||||
| “Civil | judgment”, | “DOL | Guidance”, | “Enforcement | agency”, | “Labor | compliance | agreement”, | ||||||
| “Labor | laws”, | and | “Labor | law | decision”. | The | enjoined | definitions | will | become | effective | |||
| immediately | if | the | court | terminates | the | injunction. | At | that | time, | DoD, | GSA, | and | NASA | will |
| publish | a | document | in | the | Federal | Register | advising | the | public | of | the | termination | of | the |
injunction.
(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 | https://www.acquisition.gov. | After | reviewing | the | |||||||
| SAM | database | information, | the | offeror | verifies | by | submission | of | this | offer | that | the | ||||
| representation | 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 | (u) | of | this | provision | that | the | offeror | has | completed | for | the | ||
| purposes | of | this | solicitation | only, | if | any. | These | amended | representation(s) | and/or | ||||||
| certification(s) | are | also | incorporated | in | this | offer | and | are | current, | accurate, | and | complete | as | |||
| of | the | date | of | this | offer. | Any | changes | provided | by | the | offeror | are | applicable | to | this | solicitation |
| only, | and | do | not | result | in | an | update | to | the | representations | and | certifications | posted | |||
| electronically | on | SAM.] |
| (c) | Offerors | must | complete | the | following | representations | when | the | resulting | contract | is | to | |
| be | performed | in | the | United | States | or | its | outlying | areas. | Check | all | that | apply. |
| (1) | Small | business | concern. | The | offeror | represents | as | part | of | its | offer | that | it | [_] | is, | [_] | is | not | a |
| small | business | concern. |
| (2) | Veteran‐owned | small | business | concern. | [Complete | only | if | the | offeror | represented | itself | |||||
| as | a | small | business | concern | in | paragraph | (c)(1) | of | this | provision.] | The | offeror | represents | |||
| as | part | of | its | offer | that | it | [_] | is, | [_] | is | not | a | veteran‐owned | small | business | concern. |
| (3) | Service‐disabled | veteran‐owned | small | business | concern. | [Complete | only | if | the | offeror | |||||||
| represented | itself | as | a | veteran‐owned | small | business | concern | in | paragraph | (c)(2) | of | this | |||||
| provision.] | The | offeror | represents | as | part | of | its | offer | that | it | [_] | is, | [_] | is | not | a | service‐ |
| disabled | veteran‐owned | small | business | concern. |
| (4) | Small | disadvantaged | business | concern. | [Complete | only | if | the | offeror | represented | itself | |||||
| as | a | small | business | concern | in | paragraph | (c)(1) | of | this | provision.] | The | offeror | represents | |||
| that | it | [_] | is, | [_] | is | not, | a | small | disadvantaged | business | concern | as | defined | in | 13 | CFR |
124.1002.
| (5) | Women‐owned | small | business | concern. | [Complete | only | if | the | offeror | represented | itself | ||
| as | a | small | business | concern | in | paragraph | (c)(1) | of | this | provision.] | The | offeror | represents |
| that | it | [_] | is, | [_] | is | not | a | women‐owned | small | business | concern. |
| Note: | Complete | paragraphs | (c)(8) | and | (c)(9) | only | if | this | solicitation | is | expected | to | exceed |
| the | simplified | acquisition | threshold. |
| (6) | WOSB | concern | eligible | under | the | WOSB | Program. | [Complete | only | if | the | offeror |
| represented | itself | as | a | women‐owned | small | business | concern | in | paragraph | (c)(5) | of | this |
| provision.] | The | offeror | represents | that— |
| (i) | It | [_] | is, | [_] | is | not | a | WOSB | concern | eligible | under | the | WOSB | Program, | has | provided | all |
| the | required | documents | to | the | WOSB | Repository, | and | no | change | in | circumstances | or | |||||
| adverse | decisions | have | been | issued | that | affects | its | eligibility; | and |
| (ii) | It | [_] | is, | [_] | is | not | a | joint | venture | that | complies | with | the | requirements | of | 13 | CFR | part |
| 127, | and | the | representation | in | paragraph | (c)(6)(i) | of | this | provision | is | accurate | for | each | |||||
| WOSB | concern | eligible | under | the | WOSB | Program | participating | in | the | joint | venture. | [The | ||||||
| offeror | shall | enter | the | name | or | names | of | the | WOSB | concern | eligible | under | the | WOSB | ||||
| Program | and | other | small | businesses | that | are | participating | in | the | joint | venture: | _________.] | ||||||
| Each | WOSB | concern | eligible | under | the | WOSB | Program | participating | in | the | joint | venture | ||||||
| shall | submit | a | separate | signed | copy | of | the | WOSB | representation. |
| (7) | Economically | disadvantaged | women‐owned | small | business | (EDWOSB) | concern. | ||||||
| [Complete | only | if | the | offeror | represented | itself | as | a | WOSB | concern | eligible | under | the |
| WOSB | Program | in | (c)(6) | of | this | provision.] | The | offeror | represents | that— |
| (i) | It | [_] | is, | [_] | is | not | an | EDWOSB | concern, | has | provided | all | the | required | documents | to | the |
| WOSB | Repository, | and | no | change | in | circumstances | or | adverse | decisions | have | been | issued | |||||
| that | affects | its | eligibility; | and |
| (ii) | It | [_] | is, | [_] | is | not | a | joint | venture | that | complies | with | the | requirements | of | 13 | CFR | part |
| 127, | and | the | representation | in | paragraph | (c)(7)(i) | of | this | provision | is | accurate | for | each | |||||
| EDWOSB | concern | participating | in | the | joint | venture. | [The | offeror | shall | enter | the | name | or | |||||
| names | of | the | EDWOSB | concern | and | other | small | businesses | that | are | participating | in | the | |||||
| joint | venture: | _____________.] | Each | EDWOSB | concern | participating | in | the | joint | venture | shall | |||||||
| submit | a | separate | signed | copy | of | the | EDWOSB | representation. |
| (8) | Women‐owned | business | concern | (other | than | small | business | concern). | [Complete | only | |||||
| if | the | offeror | is | a | women‐owned | business | concern | and | did | not | represent | itself | as | a | small |
| business | concern | in | paragraph | (c)(1) | of | this | provision.] | The | offeror | represents | that | it | [_] | is, | |
| a | women‐owned | business | concern. |
| (9) | Tie | bid | priority | for | labor | surplus | area | concerns. | If | this | is | an | invitation | for | bid, | small |
| business | offerors | may | identify | the | labor | surplus | areas | in | which | costs | to | be | incurred | on | ||
| account | of | manufacturing | or | production | (by | offeror | or | first‐tier | subcontractors) | amount | to | |||||
| more | than | 50 | percent | of | the | contract | price: |
| (10) | HUBZone | small | business | concern. | [Complete | only | if | the | offeror | represented | itself | as | a |
| small | business | concern | in | paragraph | (c)(1) | of | this | provision.] | The | offeror | represents, | as | |
| part | of | its | offer, | that‐‐ |
| (i) | It | [_] | is, | [_] | is | not | a | HUBZone | small | business | concern | listed, | on | the | date | of | this |
| representation, | on | the | List | of | Qualified | HUBZone | Small | Business | Concerns | maintained | by | ||||||
| the | Small | Business | Administration, | and | no | material | changes | in | ownership | and | control, | ||||||
| principal | office, | or | HUBZone | employee | percentage | have | occurred | since | it | was | certified | in | |||||
| accordance | with | 13 | CFR | part | 126; | and |
| (ii) | It | [_] | is, | [_] | is | not | a | HUBZone | joint | venture | that | complies | with | the | requirements | of | 13 |
| CFR | part | 126, | and | the | representation | in | paragraph | (c)(10)(i) | of | this | provision | is | accurate | ||||
| for | each | HUBZone | small | business | concern | participating | in | the | HUBZone | joint | venture. | [The | |||||
| offeror | shall | enter | the | names | of | each | of | the | HUBZone | small | business | concerns | participating | in | |||
| the | HUBZone | joint | venture: | __________.] | Each | HUBZone | small | business | concern | participating | |||||||
| in | the | HUBZone | joint | venture | shall | submit | a | separate | signed | copy | of | the | HUBZone |
representation.
(d) Representations required to implement provisions of Executive Order 11246 ‐‐
(1) Previous contracts and compliance. The offeror represents that ‐‐
| (i) | It | [_] | has, | [_] | has | not, | participated | in | a | previous | contract | or | subcontract | subject | to | the |
| Equal | Opportunity | clause | of | this | solicitation; | and |
(ii) It [_] has, [_] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that ‐‐
| (i) | It | [_] | has | developed | and | has | on | file, | [_] | has | not | developed | and | does | not | have | on | file, | at |
| each | establishment, | affirmative | action | programs | required | by | rules | and | regulations | of | the | ||||||||
| Secretary | of | Labor | (41 | CFR | parts | 60‐1 | and | 60‐2), | or |
| (ii) | It | [_] | has | not | previously | had | contracts | subject | to | the | written | affirmative | action |
| programs | requirement | of | the | rules | and | regulations | of | the | Secretary | of | Labor. |
| (e) | Certification | Regarding | Payments | to | Influence | Federal | Transactions | (31 | U.S.C. | 1352). | ||||||
| (Applies | only | if | the | contract | is | expected | to | exceed | $150,000.) | By | submission | of | its | offer, | the | |
| offeror | certifies | to | the | best | of | its | knowledge | and | belief | that | no | Federal | appropriated | funds | ||
| have | been | paid | or | will | be | paid | to | any | person | for | influencing | or | attempting | to | influence | an |
| officer | or | employee | of | any | agency, | a | Member | of | Congress, | an | officer | or | employee | of | ||
| Congress | or | an | employee | of | a | Member | of | Congress | on | his | or | her | behalf | in | connection | with |
| the | award | of | any | resultant | contract. | If | any | registrants | under | the | Lobbying | Disclosure | Act | of | ||
| 1995 | have | made | a | lobbying | contact | on | behalf | of | the | offeror | with | respect | to | this | contract, | |
| the | offeror | shall | complete | and | submit, | with | its | offer, | OMB | Standard | Form | LLL, | Disclosure | of | ||
| Lobbying | Activities, | to | provide | the | name | of | the | registrants. | The | offeror | need | not | report | |||
| regularly | employed | officers | or | employees | of | the | offeror | to | whom | payments | of | reasonable | ||||
| compensation | were | made. |
| (f) | Buy | American | Certificate. | (Applies | only | if | the | clause | at | Federal | Acquisition | Regulation |
| (FAR) | 52.225‐1, | Buy | American | – | Supplies, | is | included | in | this | solicitation.) |
| (1) | The | offeror | certifies | that | each | end | product, | except | those | listed | in | paragraph | (f)(2) | of | |||
| this | provision, | is | a | domestic | end | product | and | that | for | other | than | COTS | items, | the | offeror | ||
| has | considered | components | of | unknown | origin | to | have | been | mined, | produced, | or | ||||||
| manufactured | outside | the | United | States. | The | offeror | shall | list | as | foreign | end | products | those | ||||
| end | products | manufactured | in | the | United | States | that | do | not | qualify | as | domestic | end | ||||
| products, | i.e., | an | end | product | that | is | not | a | COTS | item | and | does | not | meet | the | component | test |
| in | paragraph | (2) | of | the | definition | of | “domestic | end | product.” | The | terms | “commercially | |||||
| available | off‐the‐shelf | (COTS) | item,” | “component,” | “domestic | end | product,” | “end | product,” | ||||||||
| “foreign | end | product,” | and | “United | States” | are | defined | in | the | clause | of | this | solicitation | ||||
| entitled | “Buy | American—Supplies.” |
(2) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
| (3) | The | Government | will | evaluate | offers | in | accordance | with | the | policies | and | procedures | of |
| FAR | Part | 25. |
(g)
| (1) | Buy | American | ‐‐ | Free | Trade | Agreements | ‐‐ | Israeli | Trade | Act | Certificate. | (Applies | only | if | |
| the | clause | at | FAR | 52.225‐3, | Buy | American | ‐‐ | Free | Trade | Agreements | ‐‐ | Israeli | Trade | Act, | is |
| included | in | this | solicitation.) |
| (i) | The | offeror | certifies | that | each | end | product, | except | those | listed | in | paragraph | (g)(1)(ii) | or | |
| (g)(1)(iii) | of | this | provision, | is | a | domestic | end | product | and | that | for | other | than | COTS | items, |
| the | offeror | has | considered | components | of | unknown | origin | to | have | been | mined, | produced, | |||
| or | manufactured | outside | the | United | States. | The | terms | “Bahrainian, | Moroccan, | Omani, | |||||
| Panamanian, | or | Peruvian | end | product,” | “commercially | available | off‐the‐shelf | (COTS) | item,” | ||||||
| “component,” | “domestic | end | product,” | “end | product,” | “foreign | end | product,” | “Free | Trade | |||||
| Agreement | country,” | “Free | Trade | Agreement | country | end | product,” | “Israeli | end | product,” | |||||
| and | “United | States” | are | defined | in | the | clause | of | this | solicitation | entitled | “Buy | American‐‐ | ||
| Free | Trade | Agreements‐‐Israeli | Trade | Act.” |
| (ii) | The | offeror | certifies | that | the | following | supplies | are | Free | Trade | Agreement | country | end | |
| products | (other | than | Bahrainian, | Moroccan, | Omani, | Panamanian, | or | Peruvian | end | |||||
| products) | or | Israeli | end | products | as | defined | in | the | clause | of | this | solicitation | entitled | “Buy |
| American—Free | Trade | Agreements—Israeli | Trade | Act”: |
| Free | Trade | Agreement | Country | End | Products | (Other | than | Bahrainian, | Moroccan, | Omani, |
| Panamanian, | or | Peruvian | End | Products) | or | Israeli | End | Products: |
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
| (iii) | The | offeror | shall | list | those | supplies | that | are | foreign | end | products | (other | than | those | |||
| listed | in | paragraph | (g)(1)(ii) | or | this | provision) | as | defined | in | the | clause | of | this | solicitation | |||
| entitled | “Buy | American—Free | Trade | Agreements—Israeli | Trade | Act.” | The | offeror | shall | list | |||||||
| as | other | foreign | end | products | those | end | products | manufactured | in | the | United | States | that | ||||
| do | not | qualify | as | domestic | end | products, | i.e., | an | end | product | that | is | not | a | COTS | item | and |
| does | not | meet | the | component | test | in | paragraph | (2) | of | the | definition | of | “domestic | end |
product.”
Other Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
| (iv) | The | Government | will | evaluate | offers | in | accordance | with | the | policies | and | procedures | of |
| FAR | Part | 25. |
| (2) | Buy | American—Free | Trade | Agreements—Israeli | Trade | Act | Certificate, | Alternate | I. | If | ||||
| Alternate | I | to | the | clause | at | FAR | 52.225‐3 | is | included | in | this | solicitation, | substitute | the |
| following | paragraph | (g)(1)(ii) | for | paragraph | (g)(1)(ii) | of | the | basic | provision: |
| (g)(1)(ii) | The | offeror | certifies | that | the | following | supplies | are | Canadian | end | products | as |
| defined | in | the | clause | of | this | solicitation | entitled | “Buy | American—Free | Trade | Agreements— | |
| Israeli | Trade | Act”: |
Canadian End Products:
Line Item No.:
[List as necessary]
| (3) | Buy | American—Free | Trade | Agreements—Israeli | Trade | Act | Certificate, | Alternate | II. | If | ||||
| Alternate | II | to | the | clause | at | FAR | 52.225‐3 | is | included | in | this | solicitation, | substitute | the |
| following | paragraph | (g)(1)(ii) | for | paragraph | (g)(1)(ii) | of | the | basic | provision: |
| (g)(1)(ii) | The | offeror | certifies | that | the | following | supplies | are | Canadian | end | products | or | |
| Israeli | end | products | as | defined | in | the | clause | of | this | solicitation | entitled | “Buy | American‐‐ |
| Free | Trade | Agreements‐‐Israeli | Trade | Act'': |
Canadian or Israeli End Products:
Line Item No.: Country of Origin:
[List as necessary]
| (4) | Buy | American—Free | Trade | Agreements—Israeli | Trade | Act | Certificate, | Alternate | III. | If | |||
| Alternate | III | to | the | clause | at | 52.225‐3 | is | included | in | this | solicitation, | substitute | the |
| following | paragraph | (g)(1)(ii) | for | paragraph | (g)(1)(ii) | of | the | basic | provision: |
| (g)(1)(ii) | The | offeror | certifies | that | the | following | supplies | are | Free | Trade | Agreement | |||
| country | end | products | (other | than | Bahrainian, | Korean, | Moroccan, | Omani, | Panamanian, | or | ||||
| Peruvian | end | products) | or | Israeli | end | products | as | defined | in | the | clause | of | this | solicitation |
| entitled | “Buy | American—Free | Trade | Agreements—Israeli | Trade | Act”: |
| Free | Trade | Agreement | Country | End | Products | (Other | than | Bahrainian, | Korean, | Moroccan, |
| Omani, | Panamanian, | or | Peruvian | End | Products) | or | Israeli | End | Products: |
Line Item No.: Country of Origin:
[List as necessary]
| (5) | Trade | Agreements | Certificate. | (Applies | only | if | the | clause | at | FAR | 52.225‐5, | Trade |
| Agreements, | is | included | in | this | solicitation.) |
| (i) | The | offeror | certifies | that | each | end | product, | except | those | listed | in | paragraph | (g)(5)(ii) | of | |
| this | provision, | is | a | U.S.‐made | or | designated | country | end | product | as | defined | in | the | clause | of |
| this | solicitation | entitled | “Trade | Agreements.” |
| (ii) | The | offeror | shall | list | as | other | end | products | those | end | products | that | are | not | U.S.‐made |
| or | designated | country | end | products. |
Other End Products
Line Item No.: Country of Origin:
[List as necessary]
| (iii) | The | Government | will | evaluate | offers | in | accordance | with | the | policies | and | procedures | of | ||
| FAR | Part | 25. | For | line | items | covered | by | the | WTO | GPA, | the | Government | will | evaluate | offers |
| of | U.S.‐made | or | designated | country | end | products | without | regard | to | the | restrictions | of | the | ||
| Buy | American | statute. | The | Government | will | consider | for | award | only | offers | of | U.S.‐made | or |
| designated | country | end | products | unless | the | Contracting | Officer | determines | that | there | are | |||||
| no | offers | for | such | products | or | that | the | offers | for | such | products | are | insufficient | to | fulfill | the |
| requirements | of | the | solicitation. |
| (h) | Certification | Regarding | Responsibility | Matters | (Executive | Order | 12689). | (Applies | only | if | |||||
| the | contract | value | is | expected | to | exceed | the | simplified | acquisition | threshold.) | The | offeror | |||
| certifies, | to | the | best | of | its | knowledge | and | belief, | that | the | offeror | and/or | any | of | its |
principals‐‐
| (1) | [_] | Are, | [_] | are | not | presently | debarred, | suspended, | proposed | for | debarment, | or | declared |
| ineligible | for | the | award | of | contracts | by | any | Federal | agency; |
| (2) | [_] | Have, | [_] | have | not, | within | a | three‐year | period | preceding | this | offer, | been | convicted | of |
| or | had | a | civil | judgment | rendered | against | them | for: | commission | of | fraud | or | a | criminal | |
| offense | in | connection | with | obtaining, | attempting | to | obtain, | or | performing | a | Federal, | state | |||
| or | local | government | contract | or | subcontract; | violation | of | Federal | or | state | antitrust | statutes | |||
| relating | to | the | submission | of | offers; | or | commission | of | embezzlement, | theft, | forgery, | ||||
| bribery, | falsification | or | destruction | of | records, | making | false | statements, | tax | evasion, | |||||
| violating | Federal | criminal | tax | laws, | or | receiving | stolen | property; | and |
| (3) | [_] | Are, | [_] | are | not | presently | indicted | for, | or | otherwise | criminally | or | civilly | charged | by | a |
| Government | entity | with, | commission | of | any | of | these | offenses | enumerated | in | paragraph | |||||
| (h)(2) | of | this | clause; | and |
| (4) | [_] | Have, | [_] | have | not, | within | a | three‐year | period | preceding | this | offer, | been | notified | of |
| any | delinquent | Federal | taxes | in | an | amount | that | exceeds | $3,500 | for | which | the | liability | ||
| remains | unsatisfied. |
(i) Taxes are considered delinquent if both of the following criteria apply:
| (A) | The | tax | liability | is | finally | determined. | The | liability | is | finally | determined | if | it | has | been |
| assessed. | A | liability | is | not | finally | determined | if | there | is | a | pending | administrative | or | judicial | |
| challenge. | In | the | case | of | a | judicial | challenge | to | the | liability, | the | liability | is | not | finally |
| determined | until | all | judicial | appeal | rights | have | been | exhausted. |
| (B) | The | taxpayer | is | delinquent | in | making | payment. | A | taxpayer | is | delinquent | if | the | taxpayer | |||
| has | failed | to | pay | the | tax | liability | when | full | payment | was | due | and | required. | A | taxpayer | is | not |
| delinquent | in | cases | where | enforced | collection | action | is | precluded. |
(ii) Examples.
| (A) | The | taxpayer | has | received | a | statutory | notice | of | deficiency, | under | I.R.C. | §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 | |
| appear | 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. | §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. | §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). | [The | Contracting | Officer | must | list | in | paragraph | (i)(1) | any | end | products | |
| being | acquired | under | this | solicitation | that | are | included | in | the | List | of | Products | Requiring |
| Contractor | Certification | as | to | Forced | or | Indentured | Child | Labor, | unless | excluded | at |
22.1503(b).]
(1) Listed End Product
Listed End Product: Listed Countries of Origin:
| (2) | Certification. | [If | the | Contracting | Officer | has | identified | end | products | and | countries | of | ||
| origin | in | paragraph | (i)(1) | of | this | provision, | then | the | offeror | must | certify | to | either | (i)(2)(i) |
| or | (i)(2)(ii) | by | checking | the | appropriate | block.] |
| [_] | (i) | The | offeror | will | not | supply | any | end | product | listed | in | paragraph | (i)(1) | of | this |
| provision | that | was | mined, | produced, | or | manufactured | in | the | corresponding | country | as | ||||
| listed | for | that | product. |
| [_] | (ii) | The | offeror | may | supply | an | end | product | listed | in | paragraph | (i)(1) | of | this | provision |
| that | was | mined, | produced, | or | manufactured | in | the | corresponding | country | as | listed | for | that | ||
| product. | The | offeror | certifies | that | is | has | made | a | good | faith | effort | to | determine | whether | |
| forced | or | indentured | child | labor | was | used | to | mine, | produce, | or | manufacture | any | such | end | |
| product | furnished | under | this | contract. | On | the | basis | of | those | efforts, | the | offeror | certifies | ||
| that | it | is | not | aware | of | any | such | use | of | child | labor. |
| (j) | Place | of | manufacture. | (Does | not | apply | unless | the | solicitation | is | predominantly | for | the | |
| acquisition | of | manufactured | end | products.) | For | statistical | purposes | only, | the | offeror | shall | |||
| indicate | whether | the | place | of | manufacture | of | the | end | products | it | expects | to | provide | in |
| response | to | this | solicitation | is | predominantly— |
| (1) | [_] | In | the | United | States | (Check | this | box | if | the | total | anticipated | price | of | offered | end |
| products | manufactured | in | the | United | States | exceeds | the | total | anticipated | price | of | offered | ||||
| end | products | manufactured | outside | the | United | States); | or |
(2) [_] Outside the United States.
| (k) | Certificates | regarding | exemptions | from | the | application | of | the | Service | Contract | Labor | |||
| Standards. | (Certification | by | the | offeror | as | to | its | compliance | with | respect | to | the | contract | |
| also | constitutes | its | certification | as | to | compliance | by | its | subcontractor | if | it | subcontracts | out | |
| the | exempt | services.) | [The | contracting | officer | is | to | check | a | box | to | indicate | if | paragraph |
| (k)(1) | or | (k)(2) | applies.] |
| (1) | [_] | Maintenance, | calibration, | or | repair | of | certain | equipment | as | described | in | FAR |
| 22.1003‐4(c)(1). | The | offeror | [_] | does | [_] | does | not | certify | that— |
| (i) | The | items | of | equipment | to | be | serviced | under | this | contract | are | used | regularly | for | other |
| than | Governmental | purposes | and | are | sold | or | traded | by | the | offeror | (or | subcontractor | in | the | |
| case | of | an | exempt | subcontract) | in | substantial | quantities | to | the | general | public | in | the | course | |
| of | normal | business | operations; |
| (ii) | The | services | will | be | furnished | at | prices | which | are, | or | are | based | on, | established | catalog |
| or | market | prices | (see | FAR | 22.1003‐4(c)(2)(ii)) | for | the | maintenance, | calibration, | or | repair | ||||
| of | such | equipment; | and |
| (iii) | The | compensation | (wage | and | fringe | benefits) | plan | for | all | service | employees | ||||
| performing | work | under | the | contract | will | be | the | same | as | that | used | for | these | employees | and |
| equivalent | employees | servicing | the | same | equipment | of | commercial | customers. |
| (2) | [_] | Certain | services | as | described | in | FAR | 22.1003‐4(d)(1). | The | offeror | [_] | does | [_] | does |
| not | certify | that— |
| (i) | The | services | under | the | contract | are | offered | and | sold | regularly | to | non‐Governmental | ||
| customers, | and | are | provided | by | the | offeror | (or | subcontractor | in | the | case | of | an | exempt |
| subcontract) | to | the | general | public | in | substantial | quantities | in | the | course | of | normal | ||
| business | operations; |
| (ii) | The | contract | services | will | be | furnished | at | prices | that | are, | or | are | based | on, | established |
| catalog | or | market | prices | (see | FAR | 22.1003‐4(d)(2)(iii)); |
| (iii) | Each | service | employee | who | will | perform | the | services | under | the | contract | will | spend | |||||
| only | a | small | portion | of | his | or | her | time | (a | monthly | average | of | less | than | 20 | percent | of | the |
| available | hours | on | an | annualized | basis, | or | less | than | 20 | percent | of | available | hours | during | ||||
| the | contract | period | if | the | contract | period | is | less | than | a | month) | servicing | the | Government | ||||
| contract; | and |
| (iv) | The | compensation | (wage | and | fringe | benefits) | plan | for | all | service | employees | |||
| performing | work | under | the | contract | is | the | same | as | that | used | for | these | employees | and |
| equivalent | employees | servicing | commercial | customers. |
(3) If paragraph (k)(1) or (k)(2) of this clause applies—
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