Combined_Synopsis_Solicitation_M00264-18-R-0043_Amendment_01_-_Conformed_Copy.doc

M00264-18-Q-0053

Combined Synopsis/Solicitation

SOLICITATION FOR USMC G-6/SATELLITE COMMUNICATION HARDWARE AND SERVICES.

ISSUED BY:

Commanding General – Regional Contracting Office, National Capital Region

2010 Henderson Road

Quantico, Virginia 22134

CONTRACT SPECIALIST:

Grace M. Gonzalez

(703) 432-1667 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This acquisition is set aside 100% for Small Businesses. The applicable NAICS code is 517410- Satellite Telecommunications with a size standards of $32.5 Million. This Request for Quotation (RFQ) and subsequent order are set-aside exclusively for only those authorized Small Businesses. Quotes from other than these vendors will not be considered. This is a RFQ is for purchase satellite communication hardware and services. The Government intends to award a single firm fixed-price contract as a result of this solicitation. This acquisition will be conducted in accordance with Federal Acquisition Regulation (FAR) 13, Simplified Acquisition Procedures.

M00264-18-R-0043 is issued as a RFQ to provide the Government the following services: USMC G-6 Satellite Communication Hardware and Services.

Contractor/Quoter:

Cage Code:

Tax ID Number:

SUBMISSION OF QUOTES:

Questions: All questions must be received by 03 September 2018 at 10:00 AM EDT. All questions submitted for this solicitation must be electronically sent to the following e-mail address: grace.gonzalez@usmc.mil.

Note: Due to the firewall at Quantico, please be advised that it is the Quoter’s responsibility to ensure all electronic submittals of questions are received by the Contracting Officer in the timeframe given above.

Quotes: Quotes must be received by the Contracting Officer no later than 11 September 2018 at 02:00 PM EDT.

See FAR 52.212-1 and 52.212-2 Addendums of this solicitation for detailed information regarding submission of quotes.

SCHEDULE OF SUPPLIES/SERVICES

FFP

Mobile Satellite Dish Brand Name or Equal to Ground Control Toughsat XP 1.2 Meter Mobile Dish.

Hardware in accordance with section 3.1 and 3.1.2 of the Statement of Work. The item quoted must meet the technical requirements / characteristics described in the Statement of Work (SOW).

This is a Brand Name or Equal requirement, in accordance with FAR 52.211-6. The manufacturer's name and part/model number have been provided to describe equipment deemed capable of satisfying the Government's requirement. Further, the manufacturer name and part numbers are provided only to assist potential quoters in understanding the Government's requirement. The Goverment is not soliciting a specific brand name and will consider quotes for any products that meet the specifications listed above that an "equal" product would require to be considered technically acceptable.

FFP

Mounted 1.2 Meter Satellite Antenna with 1.2m MSS mount and reflector.

FOB: Destination

MILSTRIP: M3000418SU03384

PURCHASE REQUEST NUMBER: M3000418SU03384

1 Each

FFP

Mobile 1.2 Meter Satellite Antenna with Flyaway kit

FOB: Destination

MILSTRIP: M3000418SU03384

1 Each

FFP

Antenna Control Units

FOB: Destination

MILSTRIP: M3000418SU03384

2 Each

FFP

6W Universal Ku-Band Block Up Converter

FOB: Destination

MILSTRIP: M3000418SU03384

2 Each

FFP

Ku-Band PLL LNB

FOB: Destination

MILSTRIP: M3000418SU03384

2 Each

FFP

Satellite Routers

FOB: Destination

MILSTRIP: M3000418SU03384

2 Each

FFP

Auto Stow UPS

FOB: Destination

MILSTRIP: M3000418SU03384

2 Each

FFP

IP Phones

FOB: Destination

MILSTRIP: M3000418SU03384

15 Each

FFP

2000 Watt Portable Generator

FOB: Destination

MILSTRIP: M3000418SU03384

1 Each

FFP

Installation of equipment and system in accordance with the Statement of Work (SOW).

FOB: Destination

1 Each

FFP

Satellite Communication Services.

The services quoted must meet the technical requirements / characteristics and services described in the Statement of Work (SOW).

This is a Brand Name or Equal requirement, in accordance with FAR 52.211-6. The manufacturer's name and part/model number have been provided to describe equipment deemed capable of satisfying the Government's requirement. Further, the manufacturer name and part numbers are provided only to assist potential quoters in understanding the Government's requirement. The Goverment is not soliciting a specific brand name and will consider quotes for any products that meet the specifications listed above that an "equal" product would require to be considered technically acceptable

1 Each

FFP

The contractor shall provide warranty and repair in accordance with the Statement of Work (SOW).

1 Each

FFP

Maintenance in accordance with the Statement of Work (SOW).

1 Each

Satellite Communication services

FFP

Satellite Communication Services in accordance with the SOW.

1 Each

Warranty & Repair

FFP

Warranty & Repair in accordance with the SOW.

1 Each

Maintenance

FFP

Maintenance in accordance with the SOW.

1 Each

Satellite Communication Services

FFP

1 Each

Warranty & Repair

FFP

1 Each

Maintenance

FFP

Maintenance in accordance with the SOW.

1 Each

Satellite Communication Services

FFP

1 Each

Warranty & Repair

FFP

1 Each

Maintenance

FFP

Maintenance in accordance with the SOW.

1 Each

Period of Performance: The Government requires complete a base period of 12 months with a delivery date 30 days After Receipt of Order (ARO), plus four (4) 12 month option years, to be exercised at the Government’s discretion (see FAR 52.217-9, Option to Extend the Term of the Contract). The Government makes no guarantee that any or all of the Option Periods will be exercised.

COMMANDING GENERAL AC/S G6

STATEMENT OF WORK

1. Background

The Government requires the ability to provide satellite communications capabilities for a Mobile Command Post (MCP) and Provost Marshal Office Emergency Response Vehicle (PMO-ERV) for special events, humanitarian assistance, disaster relief, and other first response emergency situations. These capabilities are expected to be provided in the absence of wired or Broad Band service availability, hence the government maintains satellite connectivity via multiple VSAT satellite dishes, accompanying peripheral and connectivity services.

2. Objective

This Statement of Work (SOW) is in support of FY18 procurement for commercial satellite hardware, internet services, voice over internet protocol (VoIP) phones, equipment installation, and maintenance and repair services. The satellite hardware provides a mobile internet access supported anywhere in CONUS. The satellite hardware will include one mobile/fly-away kit and one vehicle mounted to establish internet connectivity. The VoIP phones will require internet access to a vendor provided call manager and public switched telephone network (PSTN). All tunneling or virtual private network (VPN) access will be delivered via government furnished equipment.

3. Tasks

This requirement is a Mobile Satellite Dish BRAND NAME OR EQUAL TO Ground Control Toughsat XP 1.2 Meter Mobile Dish.

3.1 Hardware

The Contractor shall provide the following hardware.

· A quantity of one (1) Mounted 1.2 Meter Satellite Antenna with 1.2m MSS mount and reflector

· A quantity of one (1) Mobile 1.2 Meter Satellite Antenna with Flyaway kit

· A quantity of two (2) Antenna Control Units

· A quantity of two (2) 6W Universal Ku-Band Block Up Converter

· A quantity of two (2) Ku-Band PLL LNB

· A quantity of two (2) Satellite Routers

· A quantity of two (2) Auto Stow UPS

· A quantity of fifteen (15) IP Phones

· A quantity of one (1) 2000 Watt Portable Generator

3.1.2 Hardware Requirements

The item quoted must meet the following technical requirement/ characteristics:

Mobile Satellite Dish comparable to Toughsat XP 1.2 Meter Mobile Dish:

· Mobile satellite dish must be able to mount to any vehicle as well as be ground mountable in a standalone setup.

· Mobile satellite dish must be compatible with iDirect services.

· Mobile satellite dish must be able to provide up to 20Mbps x 5Mbps Internet Speeds.

· Mobile satellite dish must comply with all 2013 SAFECOM requirements.

· Mobile satellite dish must be constructed of billet aluminum, UV resistant plastics, and sealed all-weather electronics.

· Mobile satellite dish must support a minimum of concurrent 10 VoIP phone connections.

· Mobile satellite dish must be able to operate without any computer software.

· Mobile satellite dish must have a stow height below 12 inches.

· Mobile satellite dish must be able to be operated without personnel needing certification and/or licensing.

· No external equipment (including iDirect router) should be required to find and peak on any Ku-band satellite.

· Mobile satellite dish must have a peaking accuracy within 0.1° with near zero play using dish braking technology.

· Mobile satellite dish must be impervious to magnetic interference. Search routines should not use a compass to acquire satellite.

· Mobile satellite dish must be SNG rated to stream live video at guaranteed 4x4 Mbps.

· Mobile satellite dish must have built in auto stow feature. Dish should automatically stow if rig is moved or dish goes of signal.

· Mobile satellite dish must be compatible with 6 or 8 watt transmitter.

· Mobile satellite dish must be capable of locking on any liner polarized Ku-band satellite in orbit.

· Mobile satellite dish components must be easily replaced in a field environment.

· Mobile satellite dish must maintain radio position and operational in winds up to at least 50mph.

· Mobile satellite dish must be operational in temperatures of -20° to 140°F at 100% humidity.

· Mobile satellite dish must be capable of one button stowing in less than one minute from fully deployed.

· Mobile satellite dish must be capable of global operations in northern and southern hemispheres.

· Mobile satellite dish must be supported with 24/7/365 technical support.

Antenna Control Unit comparable to Toughsat TS2:

· Antenna Control Unit must support dual matrix – dual satellite infrastructure for redundancy.

· Antenna Control Unit must use DVB-S and DVB-S2 signal acquisition for any KU-Band.

· Antenna Control Unit must include integrated wireless 4-port router.

· Antenna Control Unit must have a backlit display that provides real time system status.

· Antenna Control Unit must have built in wireless 802.11G access point rated at 54Mbps, with 4 port full-duplex 10/100 Ethernet switch.

· Antenna Control Unit must have integrated router.

· Antenna Control Unit must have integrated DVB-S2 tuner to reduce acquisition time and provide for satellite modem independence.

· Antenna Control Unit must be able to communicate with iDirect routers.

· Antenna Control Unit access point must offer TKIP (WPA) and AES (WPA2) security with 128-bit encryption.

· Antenna Control Unit capabilities must include SPI firewall, VPN passthrough, MAC address filtering, NAT, DMZ, port forwarding, port triggers, DHCP server, DHCP client, QoS, Tos/DiffSerf, UPnP, MAC address clone, and RIPv2.

· Access Control Unit must be accessed via web interface without the need for supporting software.

· Access Control Unit GUI should offer the ability to override system parameters such as latitude/longitude configurations.

· Access Control Unit GUI should display system status to include dish location, GPS coordinates, signal strength and connectivity state.

Flyaway Kit must include the following:

· Flyaway Kit must include customized case for MSS, Soft Case Reflector Bag, 25’ Cable Bundle and 6U Ruggedized Controller/Modem Rack.

· Flyaway Kit must include fly and drive brackets, leveling feet and storage bag.

· Flyaway Kit case must include removable two-wheel dolly.

· Flyaway Kit must have a reflector quick disconnect system.

2000 Watt Portable Generator comparable to Honda EU2200i:

· AC Output must be at least 120V 2200W max (18.3A), 1800W rated (15A)

· Receptacles must be 20A 125V Duplex

· DC Output must be 12V, 100W (8.3A)

· Fuel Tank must hold at least .95 gallons.

· Minimum run time per tankful must be at least 3.2 hours at rated load and 8.1 hours at ¼ load.

· Noise level must be equal or less than 57 dB(A) at rated load and 48 dB(A) at ¼ load.

· Dry weight must be less than 50 lbs.

3.2 Task 2: Satellite Communication Service

3.2.1 VoIP Service:

The Contractor shall provide all services identified below:

· Monthly VoIP services for 15 VoIP phones that shall have a 20/20Kbps committed information rate (CIR) dedicated to each phone number.

VoIP phones shall include power supplies and voice service shall be available wherever internet access is available.

3.2.2 Bandwidth Service:

The Contractor shall provide the services identified below:

· Twenty-four (24) connections for vehicle mounted satellite system, brand name or equal to Ground Control iDirect Emergency Responder Service 3Mbps/1Mbps Burstable Bandwidth, Includes Ten (10) 24 hour periods of Usage per Calendar Month.

· Twenty-four (24) connections for fly-away kit satellite system, brand name or equal to Ground Control iDirect Emergency Responder Service 5Mbps/2Mbps Burstable Bandwidth, Includes Ten (10) 24 hour periods of Usage per Calendar Month.

· “Ground Control iDirect Emergency Responder Service”, as referenced above, is the emergency responder services previously used to meet this requirement, and this service is geared toward occasional usage in response to an event. In order to be equal to this portion of the requirement, a persistent connection is expected via Emergency responder Service (ERS) until permanent communications capabilities are established or restored. ERS services support a rapid response force that can gain and maintain connectivity to enable command and control during periods of terrestrial communications disruptions.

· ERS would be available for initiation on site, within required usage models, absent reach back to a vendor. In this case, no communication is required to activate services, when operating with the window of the ERS period, 10 days per month of continuous, unlimited availability.

3.2.3 Bandwidth Overage Services:

The contractor shall provide one additional day Period of Bandwidth Service (PBS) per month to allow the government to continue to access satellite services and technical support. The Government requires a means to maintain uninterrupted connectivity, absent vendor communication to enable continued usage. The Government does not anticipate a continuous requirement for satellite communications during normal or contingency operations; however should the Government have a need to exceed satellite communications for the contracted 10 days within a calendar month, an overage line item for one additional day (24 hour period) is required in order to allow the government to continue to access satellite services and technical support. The number of overage days (24 hour periods) is not to exceed 12 per calendar year.

A Period of Bandwidth Service (PBS) is defined as a 24 hour period of bandwidth service. The contractor shall provide the additional PBS only under the direction of the Contracting Officer.

4. Installation

The contractor shall install (1) Vehicle Mounted Systems (VMS) on location aboard Marine Corps Base Quantico. VMS shall be installed on Provost Marshal Office Emergency Response Vehicle (PMO-ERV) by a Certified System Installer. All materials required for installation will be provided by the contractor. Upon completion the contractor shall provide original manufacturer manuals and installation/operating/troubleshooting procedures in hard and/or soft formats.

5. Warranty & Repair

The contractor shall provide one year warranty and four years extended warranty on parts and on-site labor on all new hardware and Mobile Satellite System installed. At any time during the warranty period, should any equipment purchased become defective, the contractor shall replace such equipment at no additional charge to the Government.

Equipment shall be considered defective if unable to connect to the Internet due to a malfunction in such equipment in a regular or ongoing basis. All replacement parts are to be shipped out at contractor’s expense.

6. Maintenance

The Contractor shall provide maintenance for a period of one base year and four option years on all hardware and systems installed for a regular and ongoing function.

7. Management

The Government shall assign a Point of Contact to liaison with the Contractor’s Project Manager. On-site inspection will be done by the Government’s Contracting Officer’s Representative (COR). The Government shall insure that the Contractor will have access to areas in order to fulfill the contract and will provide escorts if or as necessary. The COR will execute all government responsibilities for performance oversight, deliverables acceptance, invoice certification, and coordination of work efforts with the Contractor. The Contractor shall identify relevant staff (e.g., Project Mgr. /Coordinator, contracts representative) and ensure their availability as a corresponding point of contact throughout contract execution.

The Contractor must have access to software/firmware patch and hotfix updates for all covered products. The Contractor shall provide adequate training for all equipment to G-6 personnel prior to project completion and provide an adequate number of service personnel who have been thoroughly trained, and knowledgeable and capable of fulfilling the above identified requirement. The contractor must offer a toll free number for remote technical support. The toll free number must be continuously available to provide technical expertise in order to resolve any initial setup or service disruption incidents.

8. Period of Performance

The Government requires complete a base period of 12 months with a delivery date 30 days After Receipt of Order (ARO), plus four (4) 12 month option years, to be exercised at the Government’s discretion (see FAR 52.217-9, Option to Extend the Term of the Contract). The Government makes no guarantee that any or all of the Option Periods will be exercised.

52.212-1 ADDENDUM: INSTRUCTIONS TO QUOTERS

GENERAL INTENTION. Marine Corps Installations – National Capital Region (MCI-NCR) has a requirement to purchase a Mobile Satellite Dish BRAND NAME OR EQUAL TO Ground Control Toughsat XP 1.2 Meter Mobile Dish in accordance with FAR Part 13. Required specifications are listed in Schedule of Supplies/Services within this solicitation.

PROCUREMENT APPROACH: The Contractor’s quoted item descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services. A single firm-fixed price delivery/task order will be issued and it is the Government’s intent to award on an “all-or-none” basis to satisfy this requirement.

REQUIRED DELIVERY/PERIOD OF PERFORMANCE: The Government requires complete a Delivery Date no more than 30 days After Receipt of Order (ARO).

TECHNICAL COMPLIANCE: To ensure technical compliance:

a. The quoter must clearly demonstrate that the item quoted meet the solictiation requirements. A mere statement that the quoter will meet the Government’s requirement is NOT sufficient.

b. Clearly state whether the quoter can meet the required delivery date timeframe. Vendors who cannot meet the required delivery date timeframe will not be considered technically acceptable.

c. Quoter shall include detailed product warranty information.

SUBMISSION OF QUOTES.

Questions: All questions must be received by 03 September 2018 at 10:00 AM EDT. All questions submitted for this solicitation must be electronically sent to the following e-mail address: grace.gonzalez@usmc.mil.

Note: Due to the firewall at Quantico, please be advised that it is the Quoter’s responsibility to ensure all electronic submittals of questions are received by the Contracting Officer in the timeframe given above.

Quotes: Quotes may be submitted either electronically or hard copies may be submitted. Quotes shall be received by the Contract Specialist no later than 11 September 2018 at 02:00 PM EST.

Electronic quotes shall be sent via email to grace.gonzalez@usmc.mil no later than the time specified in the paragraph above.

Hard copies may be sent via private courier, hand delivered, or mailed, to the following address:

Regional Contracting Office, NCR

2010 Henderson Road

Attention: Grace Gonzalez

Marine Corps Base (MCB)

Quantico, VA 22134

52.212-2 ADDENDUM: EVALUATION – COMMERCIAL ITEMS

EVALUATION. Award will be made to the Lowest Price Technically Acceptable quote. The Government intends to make a single Firm Fixed Price order to satisfy this requirement. The Government reserves the right to award no contract at all, depending on the quality of offers submitted.

The Government intends to evaluate quotes and award a contract without discussions with vendors. Vendors should not expect requests for clarification or additional information from the Government. Award will be based on the initial evaluation of quotes received in response to the solicitation. Therefore, quoters are cautioned that their initial quotes should contain their best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions with vendors if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; and may waive informalities and minor irregularities in quotes received.

Evaluation of quotes will be conducted on a lowest-priced, technically acceptable basis.

The following ratings/definitions will be utilized:

The Government may use information such as Contractor Performance Assessment Reporting System (CPARS), DOD PPIRS and the FAPIIS data available from Government sources to evaluate a Quoter's past performance.

PRICING. Quoters shall provide pricing for a period of twelve months, with provisions for four (4) twelve-month option period. The Government intends to make a single award Firm Fixed Price (FFP) task order with FFP CLINs for one, (1) twelve-month base period, plus four (4), twelve (12) month option period, to be exercised at the discretion of the Government (see FAR 52.217-9, Option to Extend the Term of the Contract). The prices for all option items will be evaluated in accordance with FAR 52.217-5, Evaluation of Options. The Government makes no guarantee that the option periods will be exercised. It will be the Government’s unilateral right to exercise any option periods providing that the Notice of Intent is provided to the contractor within the time specified in FAR 52.217-9 of the contract and, once option periods are exercised; the Contractor is required to perform the work when ordered during the scheduled period of performance of the task order.

The price quote should avoid ambiguities of inclusion, exclusion, or content.

The Government will evaluate Quoter’s quoted prices, but this factor will not be given an adjectival rating. Quotes will be evaluated on completeness, accuracy, and reasonableness. Evaluation of the quoted prices for the services will be based on a comparison of quoted prices received in response to the solicitation and may also be based on a comparison to the Independent Government Cost Estimate (IGCE) along with any other relevant price analysis techniques defined in FAR 15.404-1(b). Note, that while FAR Part 15 does not apply to this procurement, the price analysis techniques defined in FAR 15.404-1 will be utilized as appropriate.

Reasonableness. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. Reasonableness takes into account the context of a given source selection, including current market conditions, general economic conditions, and other factors that affect the ability of a Quoter to perform the contract requirements. Normally, adequate price competition establishes a fair and reasonable price.

Completeness and Accuracy. The Government will review the pricing tables for completeness and accuracy. A determination will be made as to whether the Quoter properly completed the pricing tables. The Quoter’s quote will be checked for mathematical correctness to include the following:

1) Checking arithmetic in all computations; and

2) Ensuring all prices are summarized correctly

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-OCT-2019

31-OCT-2019

31-OCT-2019

31-OCT-2020

31-OCT-2020

31-OCT-2020

31-OCT-2021

31-OCT-2021

31-OCT-2021

31-OCT-2022

31-OCT-2022

31-OCT-2022

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

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 entitled ``Buy American--Free Trade Agreements--Israeli…