ID05180019 RFP Sec K.pdf

USSOCOM T2SDT

ID05180019

Section K

Representations, Certifications and Other Statements of Offerors

Contents

K.1 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 2 K.2 52.219-1 Small Business Program Representations (OCT 2014) 2 K.3 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) 5 K.4 52.222-25 Affirmative Action Compliance (APR 1984) 5

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K.1 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This contract incorporates the following provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer (CO) will make their full text available. Also the full text of a clause may be accessed electronically at this address:

FEDERAL ACQUIISITION REGULATION:

https://www.acquisition.gov/?q=browsefar

GENERAL SERVICE ADMINISTRATION ACQUISITION MANUAL:

https://www.acquisition.gov/?q=browsegsam

DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT:

http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

FAR Clause No. Title and Date

52.204-7 System for Award Management (JUL 2013)

52.204-8 Annual Representations and Certifications (FEB 2016)

52.204-13 System for Award Management Maintenance (JUL 2013)

52.209-5 Certification Regarding Responsibility Matters (OCT 2015)

52.222-38 Compliance with Veteran’s Employment Reporting Requirements (FEB 2016)

52.227-15 Representation of Limited Rights Data and Restricted Computer Software

(DEC 2007)

K.2 52.219-1 Small Business Program Representations (OCT 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is

334290, Other Communications Equipment Manufacturing.

(2) The small business size standard is 750 employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations.

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

K − 2 of 5 https://www.acquisition.gov/?q=browsefar https://www.acquisition.gov/?q=browsegsam http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

(2) [Complete only if the offeror represented itself as a small business concern in paragraph

(b)(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.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph

(b)(1) of this provision.] The offeror represents as part of its offer that it ___ is, ___ is not a women-owned small business concern.

(4) [Complete only if the offeror represented itself as a small business concern in paragraph

(b)(1) of this provision.] The offeror represents as part of its offer that it ___ is, ___ is not a veteran-owned small business concern.

(5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it

___ is, ___is not a service-disabled veteran-owned small business concern.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph

(b)(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 (b)(6)(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.

(c) Definitions. As used in this provision—

“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.

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(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 the size standard in paragraph (a) of this provision.

“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 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.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

K.3 52.222-22 Previous Contracts and Compliance Reports (FEB 1999)

The offeror represents that—

(a) It ___ has, ___ has not participated in a previous contract or subcontract subject to the

Equal Opportunity clause of this solicitation;

(b) It ___ has, ___ has not filed all required compliance reports; and

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(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

K.4 52.222-25 Affirmative Action Compliance (APR 1984)

The offeror represents that—

(a) It ___ has developed and has on file, ___ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the

Secretary of Labor (41 CFR 60-1 and 60-2); or

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

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