M00263-21-Q-1009 7.19.2021 Final.docx

M0026321Q1009

Section B - Supplies or Services and Prices

CONTRACT MINIMUM/MAXIMUM

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00

25.00

VIRTUAL REALITY (VR) FLIGHT SIMULATORS

FFP

Flight Simulator(s) Ordering Period August 1, 2021 through July 31, 2024. See Requirement in Section C and in the Summary of Deliverable Section 1.17.

FOB: Destination

MILSTRIP: M9549221SU00301

PURCHASE REQUEST NUMBER: M9549221SU00301

PSC CD: 6930

MAX

NET AMT

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

MARINE CORPS RECRUITING COMMAND

VIRTUAL REALITY (VR) FLIGHT SIMULATORS

Requirement Description/Specifications

This contract is in support of the Marine Corps Recruiting Command (MCRC) Marine Corps Flight Corps Flight Orientation Program (MCFOP). This requirement will also include a one year warranty requirement for all hardware/software.

This contract establishes a single-award, Indefinite Delivery Indefinite Quantity (IDIQ) contract for Virtual Reality (VR) flight simulators in support of the Marine Corps Flight Orientation Program (MCFOP). All hardware and software components and all other items, materials and components of the delivered VR flight simulators (and any upgrades to the deliverables) will become property of the USMC after acceptance. The contract ordering period will be August 1, 2021 thru July 31, 2024. This procurement is being conducted under provisions of Federal Acquisition Regulations (FAR) Part 12 Acquisition of Commercial Items and FAR Part 13.5 Simplified Acquisition Procedures.

Requirement

The specification listed below address the minimal requirement for the virtual reality flight simulators, warranty, and technical support outlined in sections 1.1 through 1.15. “Unit” as used in this contract means the complete set of all hardware, software, computers and other information technology, chair, sound system, peripherals, associated equipment, and any other item needed for an operator to operate a virtual reality flight simulator at various locations, and cases for transportation of the Unit. The term “system” (or “System”) is a subset of the term “Unit.”

1.1 General Operating Environment

· Environment: Indoor – Outdoor Direct Sunlight

· Temperature Range: 0 – 115 degrees

· Humidity: 0 - 100%

· Power: 110v, 60hz, 15amp max power draw (Standard house power)

· The equipment should be able to fully operate continuously for a 4hr event.

1.2 Transportation:

· Maximum of two cases per Flight Simulator

· One primary case that supports essential equipment.

· Secondary case allows for additional equipment.

· Case needs to be water proof, shock proof, drop damage resistant from 5’(TSA proof)

· Case has wheels

· Case has a latch that allows the user to lock with a padlock or combination lock

· Integrated folding or collapsible handle

· Orientation and handling instructions/stickers that identify the cases as “Fragile” and “Handle with care”

· Rolled through a standard doorway / No wider than 30”

· One person able to transport

· Meet FAA Checked bagged requirements, including fully packed individual containers no more than 50lbs each.

1.3 Primary Case configuration:

· Primary Case

· Computer, VR headset, keyboard, mouse, cyclic stick, monitor

· Secondary Storage/travel Cases

· Portable Seat for user to sit on while engaged on VR rudder / collective sticks to facilitate aircraft or Helicopter simulations

· Pedal and associated assembly.

1.4 Setup

· Setup should take a single person no longer than 15 minutes

· Single person capable of entire setup and operation

· Setup instructions included and easy to understand/follow

1.5 System

· The operating and graphics processing system must be capable of running the newest flight simulator software comparable to the virtual environments included in software such as Prepare 3d (P3D), Microsoft Flight Simulator (MFS) 2020, and (Digital Combat Simulator) DCS World at the highest graphics setting.

· Virtual reality

· Refresh Rate: min 60hz

· Display Setting: min 1080p

· Frame per second (fps): minimum of 90fps

· Network Capable: 10/100/1000 mbps nic / Wi-Fi capable

· Latency or noticeably chunky graphics should not be evident to the user under normal operating circumstances.

· Graphics Setting

· Able to mirror display from VR to an external Monitor, hardwire HDMI or equivalent cable to mitigate connectivity issues.

· Microsoft office suite 2019

· Rapid Launch Welcome Screen: Upon initial starting by a Marine operating the system or reset after a user finishes, the display will state “Welcome to the Marine Corps Flight Operations Program. Select F-35C or AH-1Z and click “begin” to start your flight.” If the fixed wing aircraft the contractor provides is F/A 18, the welcome screen will refer to that aircraft instead of F-35C. There will be a button for users to click to begin. The actual VR simulation will begin without delay after a user presses “begin.” The system must be designed for an unlimited number of users to rotate through rapidly, with the system pausing only for sanitization and pressing “begin.” The system will allow the Marine operating the system to freeze the display and reset without delay.

1.6 Flight Simulator Software

· Flight Scenarios: Preplanned, and modifiable within the software parameters

· Aircraft: USMC variant

· 1 Fixed wing aircraft (F-35C preferred or F/A-18) and

· 1 Helo (AH-1Z)

· User guided tutorial to explain the flight controls and preplanned route. 30- 60 seconds

· Preplanned route that is guided through rings/ flags/ checkpoints

· Point system assigned to route based on standard bell curve

· Leaderboard

· Displayable on external monitor/screen (password protected)

· First Name, Middle Initial, Last Name

· No internet connection required (Leaderboard is updated locally and when a connection is established between flight simulator and external monitor). An excel spreadsheet is saved with user information, this information is used to display as a high score. Also, see section 1.7

· Stores past scores

· Sortable by date range and score

· Virtual Locations:

· Virtual Military settings such as Air Station and Aircraft Carriers

· Ability to fly between buildings, canyons, and other large stationary objects common to military air operations.

· Aircraft carrier landings

· Aerial Refueling

· Control time of day (sunrise, sunset, mid-day)

· Control weather environment (clouds, rain, storms)

· Night vision device flying filter

· Weapons employment from aircraft (bombs, rockets, gun)

· Simple weapons setup (1-2 button presses)

· Ending cut scene. Eagle, Globe, and Anchor / Displays score

1.7 Candidate Information Tracking

· Sign into the system

· Separate module that collects contact info first name, middle initial, and last name / age / gender / phone number /email / ethnicity, and adds the score from leaderboard.

· Pushes only first name and middle initial and last name to leaderboard displayed on the external display during the event

· Stored to the desktop as excel spreadsheet or similar. Each day when the system is initially turned on, a separate excel spreadsheet is created for that day and saved as a separate file.

1.8 Equipment:

· Computer Specifications:

· Computer Tower

· CPU: Equivalent or better processor to i9 8 core 8 processing cores, use with multiple motherboard/gpu setups, 2.5-5.0 GHZ.

· RAM: 32 – 64 gb ddr4

· Graphics Card: Equivalent or better to Nvidia RTX 3070 No less than 60 frames per second at 4k resolution on 2x screens. Direct X 12 capable. Ray tracing capable.

· Cooling:

· Power Supply: 1000w min

· HDD: 1- 2 TB SSD

· Operating System: Windows 10 Pro

· Ports: 3 x usb3 / 2 x HDMI or equivalent

1.9 Display:

· Monitor: Outdoor viewable Display – 4k Equivalent or better ((4K) resolution, 27” diagonal minimum, HDMI connection or equivalent, ability to mirror VR display).

· 10’ HDMI or equivalent cable

1.10 Virtual Reality (VR): Minimum requirement is listed

· Refresh Rate: 90hz

· Resolution: 1080p minimum

· Field of View (FOV): 110

· Entire system must be designed to be sanitized within 5 second of a user completing use of the system. Contractor will provide the Sanitation UV light box, which will sanitize the entire system within 5 seconds of a user completing use of the system. The lightbox must be usable by Marines at the site of the use of the simulator.

· Connection type: The VR headset connects to the computer through a physical cord. Not Bluetooth

1.11 Peripherals:

· Wireless Mouse & Keyboard

· Thrustmaster HOTAS warthog throttle & joystick or equivalent (Salient Characteristic: Cyclic and throttle minimum. Full range of normal motion. USB connection. Compatibility with most modern flight simulators. Ability to be quickly attached/detached from flat surfaces, e.g. table).

· Anchoring device to allow for peripheral attachment to sawhorse or tabletop

· Rudder pedals – anchoring device to prevent them from shifting while in use

· Collective stick - anchoring device to allow attachment to a sawhorse / table

· The simulator being offered shall have a separately mounted functional instrument pod that houses radios, flight directors, autopilot switches, landing gear and flaps.

· The minimum needs for a HOTAS would be cyclic and throttle, each with a minimum of 5 aviation-equivalent buttons/switches, force feedback, and an USB connection.

1.12 Sound System

· Two amplified stereo speakers

· Min 200 watts

1.13 Chair

· Collapsible gaming chair with mounting system for Hands off throttle and stick (HOTAS)

1.14 Training:

· Initial training for up to 20 personal at the Aviation Assistant for Officer Procurement (AAOP) conference (location TBD). AAOP conference will be scheduled within 10-14 days after receipt of the first delivery order. The training location will be sited on the delivery order.

· Training shall involve setup and use, and tear down, of the system and instructions on how to modify flight scenarios within the software parameters

· Contractor will provide 20 copies of the training materials including quick set-up and tear down pamphlet and quick instruction guide in hardcopy and electronic version with Government Purpose Rights as defined in DFARS 252.227-7013 and/or DFARS 252.227-7014. The training materials at a minimum shall detail the setup, usage, and tear down of the system. These training materials shall be provided during the in-person training. The Government will have the right to use, modify, reproduce, perform, display, release, or disclose, training material, in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so for Government purposes.

1.15 Warranty (H/S/P):

· Warranty Life: Each unit as delivered has a one-year warranty for all hardware components from date of delivery. The one year warranty for a specific unit may extend past the three year ordering period if a unit is ordered near contract expiration.

· Live operator for troubleshooting technical issues between the hours of 9:00 am and 5:00 pm EST/EDT, M-F via phone or email.

1.16 Upgrades:

If, during the 3-year period of performance of this contract, the contractor upgrades or makes a later version of any of the hardware or software or gameplay or other parts of the units delivered under this contract, the contractor will provide the upgraded or later version, at no additional cost to the Government, for each already-delivered unit to each location where the contractor earlier delivered one or more units.

1.17 Summary of Deliverables (CLIN 0001):

1. Primary Travel Case: Computer, VR headset, keyboard, mouse, cyclic stick, monitor (Section 1.3)

2. Secondary Travel Case: Portable Seat Refer to Section (Section 1.3)

3. Flight Simulator Software (Section 1.6 and 1.7)

4. Computer Equipment (Section 1.8, 1.9 and 1.10)

5. Sanitation UV light box (Section 1.10)

6. Wireless Mouse & Keyboard (Section 1.11)

7. Thrustmaster HOTAS warthog throttle & joystick or equivalent (Section 1.11)

8. Anchoring device (Section 1.11)

9. Rudder pedals (Section 1.11)

10. Collective stick (Section 1.11)

11. Separately mounted functional instrument pod (Section 1.11)

12. Two amplified stereo speakers (Section 1.12)

13. Chair (Section 1.13)

14. Training Materials (Section 1.14)

15. Warranty Package (Section 1.15)

2. Delivery/Performance Information

The performance requirements for this contract shall include the following:

1.

0. Complete delivery for each Delivery Order within 30 days after receipt of Order award. Specific delivery dates will be established with each Order, however all Orders will require delivery within 30 days after receipt of Order.

0. Delivery locations will be specified in the individual Delivery Orders. Potential delivery locations include MCRC HQs, the Marine Corps Districts’ (MCD) HQs which are located throughout the Continental United States. Shipments must be able to be delivered on United States military installations. Please see shipping addresses:

0. A complete list of locations:

1st Marine Corps District 605 Stewart Ave Garden City, NY 11530-4761 4th Marine Corps District 54 M Avenue, Suite 9 New Cumberland, PA 17070-0806

6th Marine Corps District Bldg. 903 P.O. Box 19201 Parris Island, SC 29905 8th Marine Corps District 1513 Desert Storm Road Fort Worth, TX 76127

9TH Marine Corps District 2223 Luce Blvd. Bldg. 523 Great Lakes, IL 60088-7561 12th Marine Corps District 3704 Hocumuth Ave, Bldg. 8 San Diego, CA 92140

Marine Corps Recruit Command 3280 Russell Road Quantico, VA 22134-5103

1. Period of Performance

1. Commencement. The contractor shall commence performance of the work on the contract immediately upon receipt of the first Delivery Order issued.

1. This IDIQ contract establishes a three (3) year ordering period. The Government is required to purchase the minimum amount established in the contract. The Government may purchase additional quantities on an as-needed basis (via subsequent Delivery Orders) up to the maximum not-to-exceed (NTE) amount established in the contract.

Access and Use of Information, Data, and Deliverables

4.1 Contractor personnel will not be authorized to access classified information or information/data that is confidential or sensitive in nature (i.e. PII/HIPAA). The contractor shall ensure all personnel are aware of their responsibility to safeguard this data/information if access to such data/information is obtained.

4.2 Data, Software and Intellectual Property Rights: Deliverable items delivered by the Contractor, including, but not limited to, simulator and other associated/related hardware, software and other associated training materials and other items such as model and simulation documentation, visualizations, and diagrams (singularly or collectively “Items”), created, generated, produced and delivered under this contract including all associated intellectual property rights shall become the property of or licensed to, the U.S. Government/Marine Corps in accordance with the FAR, DFARS, and /or any associated license agreement; therefore, the U.S. Government/Marine Corps shall obtain or be provided with a license from the Contractor providing for, at least ownership of the Deliverables or an irrevocable, royalty-free, worldwide right to use, modify, reproduce, perform, display, release, or disclose, or dispose of such Items, in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so. The contract includes, in part, FAR 52.227-19 Commercial Computer Software License; FAR 52.232-39 – Unenforceability of Unauthorized Obligations.; DFARS 252.227-7015 Technical Data – Commercial Items; and DFARS 252.227-7020 – Rights in Special Works.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

Section G - Contract Administration Data

CONTRACT ADMINISTATION DATA

G-1 Contract administration functions shall be retained by the Regional Contracting Office, Marine Corps Recruit Depot, Parris Island, South Carolina. Any inquiries pertaining to the administration of performance of this contract should be directed to the Regional Contracting Office.

G-1.l Invoices and receiving documents shall be submitted through Wide Area Workflow (WAWF) for payment in accordance with DFARS 252.232-7006.

G.2 Contract Correspondence and Inquiries

G-2.1 All correspondence/inquiries shall reference the appropriate Contract Number, and shall be submitted to the following address:

Regional Contracting Office, Paris Island Marine Corps Recruit Depot Attn: Juanita Roberson Contract Specialist Parris Island, SC 29905 Phone: 843-228-3585 E-mail: juanita.roberson@usmc.mil Regional Contracting Office, Paris Island Marine Corps Recruit Depot Attn: Kacy Mohead Contracting Officer Parris Island, SC 29905 Phone: 843-228-2188 E-mail: kacy.m.mohead@usmc.mil

G.3 Authority of Government Personnel

G-3.1 Notwithstanding any provisions to the contrary contained elsewhere in this solicitation, the Contracting Officer is the only person authorized to approve and issue amendments to this solicitation.

G-3.2 The Contracting Officer is the only person who can legally modify any resulting contract or obligate the Government for the expenditure of public funds. Costs shall not be incurred by recipients of the solicitation in anticipation of receiving direct reimbursement from the Government. If any Government agent other than the Contracting Officer makes or tries to make any modifications to the contract or to any order placed under the contract, the Contractor’s POC will contact the Contracting Officer immediately and without delay.

Section I - Contract Clauses

252.216-7006

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from TBD at award through TBD at award [the ordering period of this contract shall run for three (3) years from the date of award. The specific dates will be filled in at the time of award].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2020) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision-- “Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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

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

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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"—

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) 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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(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:

[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:

(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:

(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:

(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:

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

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

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

Other End Products

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

(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 the threshold at 9.104-5(a)(2)for which…