RFQ_M0026418R0030_Amendment_1.docx

UNITED STATES MARINE CORPS

MARINE CORPS INSULATIONS NATIONAL CAPITAL REGION

MARINE CORPS BASE

Quantico, Virginia 22134-5001

AMENDMENT 1

THE PURPOSE OF THIS AMENDMENT IS TO EXTEND THE DUE DATE TO

15 AUGUST 2018 at 12:00PM EST and CHANGE THE POP.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. M00264-18-R-0030 is a Request for Quotation (RFQ) for a commercial service prepared in accordance with the format in FAR Subpart 13.5, as supplemented with additional information included in this notice.

All contractors must be registered in the System for Award Management (SAM) in accordance with FAR 52.204-7 prior to receiving any award. Information on registering in SAMs may be obtained via the internet at https://www.sam.gov.

This RFQ document and all incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-98, published 1 May 2018.

This acquisition is a Small Business Set-Aside under NAICS code 541511, size standard of $27,500,000. All responsible sources may submit a firm-fixed price (FFP) quote. This requirement shall be awarded “all-or-none”.

This requirement is being solicited in order to award a single “all or none” competitive non-personal services purchase order to perform in accordance with the attached Performance Work Statement (PWS). This will be a six (6) Month Base Period with options that will not exceed five (5) Years. This solicitation will be awarded under FAR Subpart 13.5 based on Lowest Price that has been determined to be Technically Acceptable.

Description of Requirements: See Contract Line Item Number(s) (CLINS) and PERFORMANCE WORK STATEMENT (PWS) for specific details. Request for Quotation on the following CLINS Schedule:

ITEMS/SPECIFICATIONS

Locations: Beaufort, SC; New River, NC; and Cherry Point, NC

TOTAL AMOUNT

Period of Performance (PoP) - ESTIMATED 6 Month Base: 08/20/18 – 02/19/19 Option Year (OY) 1: 02/20/19 – 02/19/20

OY 2: 02/20/20 – 02/19/21

OY 3: 02/20/21 – 02/19/22

OY 4: 02/20/22 – 02/19/23

6 Month Option 5: 02/20/23 – 08/19/23

Electronic submittals of questions are to be received by the Contracting Office by the stated time and date. All questions must be received no later than 12 JULY 2018 at 12:00PM EST. All questions must be submitted electronically via email to the following: judith.campbell@usmc.mil.

The closing date and time for quote submission is: 15 AUGUST 2018 12:00PM EST. Offers received after this date and time may be considered non-responsive and will not be given further consideration unless the Contracting Officer has determined it to be in the best interest of the Government. Please provide all quote submissions to Government Point of Contact: Judith Campbell at judith.campbell@usmc.mil.

**IMPORTANT**

Due to the firewall on Government networks, please be advised that it is the Offeror’s responsibility to ensure all electronic submittals of questions and quotes are received by the Contracting Office at the email addresses identified and in the timeframe given above.

All contractors must comply with the requirement listed above for this request. Failure to comply may result in disqualification. This will be a Firm Fixed Price (FFP) Purchase Order.

EVALUATION OF QUOTATIONS:

A Best Value determination will be made based on the lowest price, which has been determined to be technically acceptable.

Vendors responding to this announcement shall submit their quote in accordance with FAR 52.212-1. Submission of quote shall include the following: (1) Technical acceptability: Performance compliance IAW PWS; (2) Price: All pricing quoted. The Government reserves the right to not award a purchase order at all under this solicitation, depending on the quality of offers submitted.

All quotes will be evaluated first on price. The lowest priced quote will be evaluated for technical acceptability on an acceptable/unacceptable basis. If the lowest priced quote is found to be technically acceptable, then no further evaluations will be conducted and award will be made. If the lowest priced quote is not technically acceptable, the next lowest priced offer will be evaluated, and so on until a technically acceptable quote is found.

The following ratings/definitions will be utilized:

RATING DEFINITION

PROVISIONS AND CLAUSES:

The provisions FAR 52.212-1 Instruction to Offerors – Commercial Items and FAR 52.212-3 Offeror Representations and Certifications- Commercial Items apply to this acquisition. The clause FAR 52.212-4 Contract Terms and Conditions - Commercial Items and 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items apply to this acquisition. The quote shall comply with all Federal, State, and Local regulations.

ADDENDUM TO FAR 52.212-1 Instructions to Offerors Commercial Items. Offerors shall prepare their quotations IAW FAR 52.212-1 and the Addendum below:

PERFORMANCE COMPLIANCE:

To ensure performance compliance see PWS.

PRICING:

The Government will evaluate Offeror quoted prices in accordance of FAR 13.106-3.

DISCLAIMER:

This is a request for the submission of a quote and does not constitute a contract or authorization to begin work. Nor does an offeror’s submission of a quote constitute a contract or authorize the individual or company to being work.

PERFORMANCE WORK STATEMENT

Software Engineering and Support Services of CMC SD ASAP Program

1.0 INTRODUCTION

The Director, Commandant of the Marine Corps, Safety Division (CMC SD) is required to maintain and update software and engineering support services for the fielding and integration of the Marine Corps Aviation Safety Awareness Program (ASAP), the Marine Corps Aviation Safety Requirements Tracker, and the Marine Corps Aviation Safety Mishap Tracker into Naval Aviation’s Safety Process. These support services include customization and updating of software, engineering integration services, data input/translation, testing support, and data analysis support producing actionable information pertaining to both technical and human factors issues.

2.0 BACKGROUND

Human error is a contributing factor in approximately 80% of major incidents in Naval Aviation. The goal of the Marine Corps’ Aviation Safety Awareness Program (ASAP) is to enhance aviation safety though the prevention of incidents and accidents by encouraging voluntary reporting of safety issues and events that would otherwise go unreported. The Marine Corps’ program will be totally de-identified upon data entry and is aimed solely at gathering information to fix problems while not assigning blame.

The Marine Corps’ ASAP must be capable of proactive risk management using real-time categorical data collection and analysis to assist in preventing mishaps before they occur. To meet this requirement, the software used as the engine for the Marine Corps’ ASAP software must be capable of allowing users from the squadron through Headquarters Marine Corps levels to immediately gather critical or time-sensitive safety/operational information using questions that can be entered directly into the ASAP data collection tool by the Marine Corps’ ASAP administrator without contract programming assistance. ASAP software must have a search capability that reduces the delays normally associated with “man-in-the-loop” analysis and provides all levels of command with “actionable information” capable of supporting timely decision making and sustained readiness. Respecting the dynamic that characterizes today’s Naval Aviation, ASAP must gather information that clearly illuminates those deficiencies that risk in the conduct of daily operations.

By collecting information from trained observers (Naval Aviators, crewmembers, maintainers, and airfield employees (tower and ground)) on how their complex operating environment is affected by command environment, human factors, equipment issues, policies, ASAP will provide a multi-dimensional view of Marine Corps Aviation providing information never previously accessible and allow design and implementation of timely risk countermeasures. The US Navy’s Aviation Safety Awareness Program software has taken in more than 1,000,000 reports since its inception and currently averages over 11,000 reports each month making this one of the most successful self-reporting programs in the history of aviation. The ability to integrate the Marine Corps’ ASAP with the Navy’s ASAP will provide a larger pool of available information that is common across Naval Aviation (similar Type/Model/Series aircraft, doctrine, publications, and orders; training schools and courses) benefitting both Navy and Marine Corps Aviation.

Also integral to progression into a full Safety Management System (SMS) is the tracking of safety requirements and certain mishap statistics that, when combined with analytics of real time ASAP reports, provide an all-encompassing 360-degree view of errors, their associated trends, how they relate to mishaps across the Fleet, and if training or procedural changes mitigate these errors in future missions.

Requirements identification, development support, and integration activities are required across this program to provide cost effective, secure solutions meeting the Marine Corps Aviation mission. The primary focus is on the unique demands of the aviation community, increased data input, sustainment, and maintaining the software infrastructure.

3.0 SCOPE

The objective of this contract is to provide software and technical engineering support services, software associated with integration/fleet implementation issues, analysis for supporting military ASAP, and safety tracking programs.

The support effort includes prime mission software engineering, integration/fleet implementation, and systems engineering support. Systems engineering may further apply to technologies for potential rapid insertion, Science and Technology (S&T), and analyses of software for potential rapid insertion, S&T initiatives and projects including Office of Naval Research (ONR) Future Naval Capabilities (FNCs), Small Business Independent Research (SBIR), and Defense Advanced Research Projects Agency (DARPA).

This effort provides Technical and Engineering support to ensure Marine Corps systems achieve their stated objectives in accordance with DOD directive to reduce preventable mishaps. For this Performance Work Statement (PWS), systems engineering applies to software. The contractor shall be able to provide technical support, including document development, comment review, and written analysis in the areas of design, development, testing, certification and accreditation (C&A), and emergent data calls requiring technical assessments and analysis.

The contractor shall be able to identify software engineering problems and make recommendations to CMC SD for technical solutions across all networks. The contractor shall be proficient in the DoD Acquisition, JCIDS, JITC, and SSAA processes. Contractors shall be proficient with Visio, Microsoft Office (Excel, Word, Project, Power Point, and Access), and the use of web-based applications.

4.0 APPLICABLE DIRECTIVES/DOCUMENTS

The Contractor shall adhere to the following documents in accordance with paragraph 5.0 Performance Requirements.

TABLE 4.0

DoD Interim Guidance

31 December 2005

5.0 PERFORMANCE REQUIREMENTS

The identified requirements are to be performed and delivered in accordance with the requirements stated in this contract. Additionally, the Contractor shall provide the necessary assistance to meet program emergent requirements as stated in the terms and conditions of this contract and shall provide updates within 48 hours during normal business hours.

5.1 Aviation Safety Awareness Program (ASAP) Software or Equal (Brand Name or Equal ASAP software must be compatible with current Navy ASAP Pulse+ software to support integration and cumulative data collection, analysis, and dissemination.

5.1.1 The Contractor shall have the legal authority to provide licensing for Pulse+ © ASAP software version 5 or higher or equal, known as “the license,” “software license,” or “software licensing” to the Government.

5.1.2 The Contractor shall have both the legal authority and capability to provide software engineering of Pulse+© ASAP software version 5 or higher or equal for CMC SD, have the legal authority and capability to alter core code of Pulse+© ASAP software version 5 or higher or equal, and shall allow for government verification of the subject authority.

5.1.2.1 The software licenses shall have the ability to be scalable, encompassing multiple units within the Naval Aviation Enterprise within a single database. Moreover, the terms and conditions of the software license must comply with the following DFARS section: 227.7202-1 Policy (a) Commercial computer software or commercial computer software documentation shall be acquired under the licenses customarily provided to the public unless such licenses are inconsistent with Federal procurement law or do not otherwise satisfy user needs.

5.1.2.2 The software shall have the ability to be dynamically modified to include Marine Corps entities other than squadrons, Marine Aircraft Groups (MAGs), Marine Aircraft Wings (MAWs), and Marine Forces commands (MARFORs).

5.1.2.3 The software shall encompass password protected, encrypted data, and 256 bit secure transmission.

5.1.2.4 The software shall function like any web-based data/form input engine, such as Amazon.com®, Google® and other websites.

5.1.2.5 The software shall operate without the use of a common access card (CAC) and allow anonymous user inputs.

5.1.2.6 The software shall utilize a system of government administrators who decide what events/incidents should be tracked through user-modifiable capabilities that can be instantly updated and changed by the government administrator.

5.1.2.7 The software shall utilize screens that are dynamically created based on user login roles and permissions.

5.1.2.8 The software shall use a customized capability to collect any type of data and automatically generate organic and customized graphical depictions/reports from user selected sorting criteria.

5.1.2.9 The software shall be written in PHP, HTML, CSS, JavaScript, using a database of MySQL, SQL Server, or both and a web server of Apache or IIS.

5.1.2.10 The software shall use PHP to dynamically create HTML input forms from a database. The entry forms should use data validation to ensure the validity of data entered.

5.1.2.10.1 The software shall use categorized data collection to ensure cross-divisional entry has a common terminology and use dropdown selections or radio selection.

5.1.2.10.2 The software shall use field validation (i.e., only date information in a date field).

5.1.3 The Contractor shall provide software updates (e.g. data field modifications) to software within 48 hours of receipt.

5.1.4 The Contractor shall provide deliverables in accordance with PWS SECTION 6.0 DELIVERABLES TABLE 6.

5.2 Aviation Safety Awareness Program (ASAP) Support Services

5.2.1 The Contractor shall maintain ISO 9001 compliance throughout the period of performance and all option years and provide annual certification of compliance.

5.2.1.1 The Contractor shall maintain compliance with DOD cyber security requirements (to include WIN10) throughout the period of performance and all option years and provide required certifications of compliance.

5.2.1.2 The Contractor shall maintain for review and update systems specifications and systems architecture.

5.2.2 The Contractor shall maintain a user guide and provide revision and maintenance of any training materials to the COR for acceptance.

5.2.2.1 The Contractor shall provide an automated question bank organic to and imbedded within the Pulse+© software version 5.0 or higher or equal and responses which can be modified by government and/or contract administrators for frequently asked questions about ASAP in general and the software application specifically.

5.2.2.2 The Contractor shall make available commercial hosting of Pulse+ © software version 5.0 or higher or equal for use and testing for a length of six months.

5.2.2.3 The Contractor shall be available for program reviews, software configuration control board conferences, and other meetings with DOD or commercial aviation industry personnel in support of ASAP at all locations where ASAP is implemented (both CONUS and OCONUS).

5.2.2.4 The Contractor shall maintain and update user guide materials encompassing ASAP background, use of software, and other government provided materials to each squadron (82 total) after COR approval. The government will have unrestricted rights to use these materials/items.

5.2.3 The Contractor shall perform analysis and assessments of reported data on a quarterly basis, provide electronic results via email to the COR, and inform the government immediately if any critical or time sensitive indicators are identified during the analysis.

5.2.3.1 The Contractor shall provide electronic reports via email to the COR for each MAG every 90 days. The reports shall at a minimal include Top 4 categories, comparison of like/kind MAGs to their own, human factors analysis using threat and error management, a breakdown of categories of the reports, and the raw reports themselves.

5.2.3.2 The Contractor shall have the capability to provide electronic reports via email to the COR for SQDN/MAG/Wing Safety Round Tables for each 30-60 day reporting period in which all categories (not just the Top 4 as in quarterly reports) are analyzed and assessed with threat and error management.

5.2.3.3 The Contractor shall provide an electronic compilation of all analysis from quarterly reports and Safety Round Tables via email to the COR. This information will be used by the Aviation Schools Command as curriculum material for Aviation Safety Officer and Command Safety School courses. These reports will also define for the students the compilation of hardware, software, live ware, and how they interact within the operating environment.

5.2.3.4 The Contractor shall perform the following duties in support of the ASAP Configuration and Control Management Board (CCMB) and generate an ASAP Quality Manual, to include annual updates, which is required to interface with other government programs and systems requiring International Organizational Standards ISO 9001 compliance.

5.2.3.5 The Contractor shall obtain COR approval prior to providing electronic ASAP data and trend analysis to other government offices via email by the COR, and shall use only data that has been de-identified as related to individual and/or squadron names.

5.2.3.6 The Contractor shall provide analysis and trending reports in the form of electronic newsletters, and upload them to the ASAP Website on a quarterly basis after COR approval.

5.2.4 The Contractor shall provide 24-hour access to the Safety Requirement Tracker (also known as the Risk Management Status Report) using the software defined in para 5.1.1. The software must allow for user modifiable requirements to be added or removed without direct programming by the Contractor with a color coding visual dashboard look based upon user defined parameters of date of completion.

5.2.4.1 The contractor shall update the Safety Requirements Tracker (also known as the Risk Management Status Report) and the Safety Mishap Tracker on a daily basis, ensuring that all Navy/Marine Corps mishap data reported through the Web-Enabled Safety System (WESS) Aviation Hazard and Mishap Reporting System (WAHMRS)/Naval Safety Automated System (NAVSAS) is reflected in both products.

5.2.5 The Contractor shall provide electronic deliverables via email to the COR, or COR-specified personnel/offices.

5.2.6 All required written documentation, reports, briefing materials, viewgraphs, budgets, obligation/expenditure reports, and other materials as described below shall be submitted in a Government-requested format without spelling, grammatical, or calculation errors and in accordance with the directives listed in Section 4.0 Applicable Directives/Documents where appropriate. Deliverables shall be prepared using Microsoft Office (or compatible) products. See PWS SECTION 6.0 DELIVERABLES TABLE 6.

5.2.7 PRIVACY ACT: Work on this project may require that Contractor personnel have access to Privacy Information. Therefore, Contractor, its personnel and subcontractors shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations. Contractor personnel will be expected to sign a Non-Disclosure Form, which will be provided to the Contracting Officer or the COR prior to commencing work. Contractor acknowledges that criminal penalties under section 1106(a) of the Social Security Act (42 USC 1306(a)), including possible imprisonment, may apply with respect to any disclosure of information in the file(s) that is inconsistent with the terms of the agreement. Contractor further acknowledges that criminal penalties under the Privacy Act (5 USC 552a(I)(3), as amended) may apply if USMC determines Contractor, or any individual employed or affiliated therewith, knowingly and willfully obtained the file(s) or distributed information under false pretenses.

6.0 DELIVERABLES

The contractor shall provide deliverables in accordance with TABLE 6.0 below:

TABLE 6

Provide major/minor updates to accredited software

Throughout the Period of Performance

Commercial hosting of government verified Pulse+© software version 5.0 or higher or equal

Upon contract award

Participate in meetings either via telephone or on site

Bi-weekly or as requested

Provide SQDN/MAG/WING Roundtable data processing of reports

Quarterly as requested

Provide Aviation Safety Officer Course with compilation reports from all Quarterly Reports

At Safety Officer Courses at School of Aviation Safety

7.0 PERFORMANCE EVALUATION

The Contractor shall perform Section 5.0 Requirements in order to meet the terms and conditions of this contract. Performance evaluation will be related to the standard ratings contained within the Contractor Performance Assessment Reporting System.

8.0 GOVERNMENT FURNISHED PROPERTY

The Government will provide onsite government-hosted seats under this contract.

9.0 SECURITY

The nature of this requirement may require access to privileged information. The work performed by the contractor may involve privileged data, information, and spaces. The contractor is required to attend privileged meetings in government spaces.

10.0 TECHNICAL POINT OF CONTACT

Government Point of Contact: To be provided at time of award.

Please Provide the Following:

1. Tax Identification Number: _____________________

2. Company Registered in WAWF-RA (Wide Area Workflow):_______________

If Not, Will Your Company Register? ________________

3. Company Registered In System for Award Management (SAM):_______________

If Yes, What Is Your DUNS# and/or Cage Code: _______________

If No, Will You Register: ________________

4. Company Considered Small or a Large Business under the NAICS Code of 611710: _____________

5. Delivery Time of Requested Items: ____________ Please show earliest delivery date possible.

6. FOB Cost If Applicable: _______________

A. NOTE: Is Freight (Fob) Included In Price? If Not, Please Indicate Price and Where It’s Being Originated From: _______________

Discount Terms: ___________

Company Name and Address: ___________________________________________________________

Company Point of Contact: _____________________________________________________

Company Telephone: __________________

Company Facsimile: ___________________

CLAUSES INCORPORATED BY REFERENCE

52.202-1 52.203-6 52.204-4

52.204-7 Definitions Restrictions on Subcontractor Sales to the Government Printed or Copied Double-Sided on Postconsumer Fiber Content Paper System for Award Management

NOV 2013

SEP 2006

MAY

OCT 2016

52.209-9

52.209-10 Updates of Publicly Available Information Regarding Responsibility Matters Prohibition on Contracting With Inverted Domestic Corporations

JUL 2013

NOV 2015

52.233-3 52.233-4 Protest After Award Applicable Law for Breach of Contract Claim

AUG 1996

OCT 2004

252.204-7000 252.204-7004 Alt A Disclosure of Information System for Award Management Alternate A

OCT 2016

FEB 2014

252.225-7048 252.227-7020 252.227-7027

252.227-7028

Export-Controlled Items Rights in Special Works Deferred Ordering of Technical Data or Computer Software Technical Data or Computer Software Previously Delivered to the Government

JUN 2013

JUN 1995

APR 1988

JUN 1995

252.232-7010 252.235-7004 Levies on Contract Payments Protection of Human Subjects

DEC 2006

JUL 2009

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

The Offeror shall complete only paragraph (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 https://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 --

“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.

“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 stock of which 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 its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (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 will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(10) 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) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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…