Combined_Synopsis_&_Solicitation_M00264-19-Q-0026.doc

SOLICITATION FOR UNITED STATES MARINE CORPS WOUNDED WARRIOR REGIMENT -WARRIOR ADAPTIVE SPORTS PROGRAM: COACHING SUPPORT FOR MARINE CORPS TRIALS (MCT) 2019.

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 611620 – Sports and Recreation Instruction with a size standards of $7.5 in millions of dollars. 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 to provide coaching and support services to the United States Marine Corps (USMC) Wounded Warrior Regiment (WWR) Warrior Athlete Reconditioning Program (WAR-P). This coaching and support services is to provide assistant coaching for the Marine Corps Trials (MCT) 2019. 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.

M00264-19-Q-0026 is issued as a RFQ to provide the Government the following services: Provide coaching and support services to the United States Marine Corps (USMC) Wounded Warrior Regiment (WWR) Warrior Athlete Reconditioning Program (WAR-P). This coaching and support services is to provide assistant coaching for the Marine Corps Trials (MCT) 2019.

Contractor/Quoter:

Cage Code:

Tax ID Number:

SUBMISSION OF QUOTES:

Questions: All questions must be received by 22 January 2019 at 03:00 PM 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 31 January 2019 at 12:00 PM EDT.

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

SCHEDULE OF SUPPLIES/SERVICES

FFP

THIS IS A NON-PRICED INFORMATIONAL CLIN ONLY (NON PRICED CLIN, SEE SUBCLINS FOR PRICING).

Marine Corps Trials (MCT) 2019 Coaches as prescribed in the Performance Work Statement (PWS). Performance will be at Marine Corps Base Camp Pendleton, CA.

MILSTRIP: M0008419SUCOACH

PURCHASE REQUEST NUMBER: M0008419SUCOACH

FFP

Provide adequate and trained coaching personnel supporting the Shooting Competition, in accordance with the Performance Work Statement (PWS).

Performance will be at Marine Corps Base Camp Pendleton, CA.

Firm Fixed-Price

FOB: Destination

MILSTRIP: M0008419SUCOACH

MFR PART NR: 000000000000

PSC CD: G003

2 Each

FFP

Provide adequate and trained coaching personnel supporting the Field-Shotput and Head Track Competitions, in accordance with the Performance Work Statement (PWS).

Performance will be at Marine Corps Base Camp Pendleton, CA.

FOB: Destination

MILSTRIP: M0008419SUCOACH

MFR PART NR: 00000000

2 Each

FFP

Provide adequate and trained coaching personnel supporting the Volleyball Competition, in accordance with the Performance Work Statement (PWS).

Performance will be at Marine Corps Base Camp Pendleton, CA.

FOB: Destination

MILSTRIP: M0008419SUCOACH

MFR PART NR: 00000

1 Each

FFP

Provide adequate and trained coaching personnel supporting the Archery & Archery-Compound Competitions, in accordance with the Performance Work Statement (PWS).

Performance will be at Marine Corps Base Camp Pendleton, CA.

FOB: Destination

MILSTRIP: M0008419SUCOACH

MFR PART NR: 0000

2 Each

FFP

Provide adequate and trained coaching personnel supporting the Wheelchair Basketball Competition, in accordance with the Performance Work Statement (PWS).

Performance will be at Marine Corps Base Camp Pendleton, CA.

FOB: Destination

MILSTRIP: M0008419SUCOACH

MFR PART NR: 000000000

3 Each

FFP

Provide adequate and trained coaching personnel supporting the Wheelchair Racing Competition, in accordance with the Performance Work Statement (PWS).

Performance will be at Marine Corps Base Camp Pendleton, CA.

FOB: Destination

MILSTRIP: M0008419SUCOACH

MFR PART NR: 000000000000

1 Each

FFP

Provide adequate and trained coaching personnel supporting the Indoor Rowing Competition, in accordance with the Performance Work Statement (PWS).

Performance will be at Marine Corps Base Camp Pendleton, CA.

FOB: Destination

MILSTRIP: M0008419SUCOACH

MFR PART NR: 00000

1 Each

FFP

Provide adequate and trained coaching personnel supporting the Wheelchair Rugby Competition, in accordance with the Performance Work Statement (PWS).

Performance will be at Marine Corps Base Camp Pendleton, CA.

FOB: Destination

MILSTRIP: M0008419SUCOACH

MFR PART NR: 000000000

1 Each

FFP

Provide adequate and trained coaching personnel supporting the Ultimate Champion Competition, in accordance with the Performance Work Statement (PWS).

Performance will be at Marine Corps Base Camp Pendleton, CA.

FOB: Destination

MILSTRIP: M0008419SUCOACH

MFR PART NR: 0000000

1 Each

FFP

Travel, in accordance with the Performance Work Statement

Travel to be all inclusive of transportation and Per Diem (Lodging as well as Meals and Incidentals (MIE)). Travel shall be in accordance with Joint Travel Regulations (JTR).

The requirement is commercial in nature, therefore, this will be a firm fixed priced CLIN and will have a NOT TO EXCEED (NTE) amount. Travel will NOT be a cost reimbursement type CLIN but instead firm fixed price. Quoters are responsible for determining the cost of travel and quoting as firm fixed price. Cost-reimbursement type CLINs are prohibited for commercial services and therefore, travel will NOT be a cost reimbursement type CLIN.

FOB: Destination

MILSTRIP: M0008419SUCOACH

PURCHASE REQUEST NUMBER: M0008419SUCOACH

Period of Performance: The Government requires a Period of Performance (POP) from 25 February 2019 to 10 March 2019.

United States Marine Corps

Wounded Warrior Regiment - Warrior Adaptive Sports Program

Coaching Support for Marine Corps Trials

Performance Work Statement (PWS)

1.

Purpose. The purpose of this requirement is to provide coaching and support services to the United States Marine Corps (USMC) Wounded Warrior Regiment (WWR) Warrior Athlete Reconditioning Program (WAR-P). The Warrior Athlete Reconditioning Program (WAR-P) supports the Wounded Warrior Regiment’s mission by providing adaptive reconditioning activities and programs such as Trials, Games, and Camps to the Wounded, Ill, and Injured (WII) Marines throughout the year. WAR-P is designed to strengthen the wounded, ill, or injured (WII) through adaptive reconditioning and rehabilitation and set the course for a healthy lifestyle. The program provides access to specialized equipment, professional coaching, and the opportunity to attend various adaptive sport camps and competitions. Marine athletes compete in Archery, Cycling, Field, Shooting, Swimming, Track, Sitting Volleyball, Powerlifting, and Wheelchair Basketball, Wheelchair Rugby and Indoor Rowing.

2.

Requirements. The WWR WAR-P staff will execute the Marine Corps Trials (MCT) at Camp Pendleton, CA. The MCT will have up to 325 WII athletes training and competing in eleven (11) sports to include: Archery, Cycling, Field, Shooting, Swimming, Track, Sitting Volleyball, Powerlifting, Wheelchair Basketball, Wheelchair Rugby and Indoor Rowing. The MCT will run 14 days (including the two travel days and 12 training/competition days) starting on February 25, 2019 and concluding on 10 March, 2019. Daily training periods and coach expectations will be based on the overall trials schedule. A typical program day will include up to two training sessions (morning and afternoon) resulting in an 8 hour day. One day will include a competition for that sport. The needs for coaches in the specific disciplines listed below may change based on the needs of the athletes that are attending the trials. The coaches must be departing the installation/base no later than the day after that their respective sport competition concludes. Please find the departure date for each coach below.

The contractor and coaching staff are not required to rent any ground transportation to assist in the movement of warrior athletes or any other Government personnel. Additionally, the contractor and their coaching staff are not required to rent any equipment for the event. The equipment for the event will be provided by the Government. However, the contractor is responsible for travel arrangements, to include but not limited to, ground transportation for their coaching staff.

2.1 Coach Requirements (Dates and sports may change)

Marine Corps Trials, Camp Pendleton, CA

1. Assistant Shooting Coach: DEPART 03/06/2019

2. Assistant Shooting Coach: DEPART 03/06/2019

3. Field Coach - Shotput: DEPART 03/03/2019

4. Assistant Volleyball: DEPART 03/09/2019

5. Assistant Arch Coach - Compound: DEPART 03/05/2019

6. Assistant Archery Coach: DEPART 03/05/2019

7. Assistant WC Basketball Coach: DEPART 03/07/2019

8. Assistant WC Basketball Coach: DEPART 03/07/2019

9. Assistant WC Basketball Coach: DEPART 03/07/2019

10. Head Track Coach: DEPART 03/03/2019

11. Wheelchair Racing Coach: DEPART 03/03/2019

12. Indoor Rowing Coach: DEPART 03/07/2019

13. Wheelchair Rugby Coach: DEPART 03/08/2019

14. Ultimate Champion Coach: DEPART 03/10/2019 25-February, 2019

10-March, 2019

*plus 2 travel days

2.2.

Specific Requirements:

a. Experience coaching at previous Wounded Warrior Regiment (or other service equivalent) sports camps, trials and/or games.

b. Coaching experience at a competitive level, such as DOD warrior games, collegiate, Paralympic or National level.

c. Coaching experience in adaptive or able-bodied coaching at a national level, such as NCAA, Paralympics, US Shooting, DOD Warrior Games, etc.

d. Coaching certifications level 1 and level 2 in shooting and archery.

e. Coaching certification level 1, Level 2 and Level 3 in wheelchair basketball.

f. Head Track Coach Certification level 1.

g. Head Field Coach certification level 1.

h. Head Volleyball Coach Certification level 1.

i. Head Rugby Coach Certification level 1.

j. Head Rowing Coach Certification level 1.

k. Coaches are required to report to the Marine Corps Trials Head Coach.

3.

Tasks. The Contractor will provide Coaches that will train Wounded, Ill and Injured Marine athletes in various adaptive sports and develop a training plan to fit within the schedule provided by WWR WAR-P for the trials.

3.1 The contractor shall provide all necessary labor, material, and equipment to assist the MCT Head Coach of four different sporting events below (tasks 1 thru 4) during the 2019 MCT. The contractor is not responsible for providing materials and equipment to be used by the athletes. However, contracted personnel must provide their own whistles for events, which is required for wheel chair basketball coaches. Coaching duties will include the following: Manage results (consolidate, track, and report results); assist with gear and equipment set up and maintenance; assist with running the events to ensure safety and proper execution; submit a sport specific WWR athlete assessment on each athlete at the end of the event.

3.2 Task 1 – Assist the MCT Head Coach running the Archery Competition

3.3 Task 2 – Assist the MCT Head Coach running the Shooting Competition

3.4 Task 3 – Assist the MCT Head Coach running the Wheelchair Basketball Competition

3.5 Task 4 – Assist the MCT Head Coach running the Volleyball Competition.

3.6 WAR-P will submit a request for coaches NLT 20 days prior to the event with names and dates for the camp, program or service.

4.

General Instruction and Information.

4.1 Tentative Schedule

(a) 24 February 2019: Arrive and report to MCT Head Coach no later than 0800 to receive 2018 MCT schedule, briefings, and orientation.

(b) 25 to 10 March 2019: Assist the MCT Head Coach setting up four (4) sports venues (Tasks 1 thru 4).

(c) 25 February 2019: 2019 MCT events begin

(d) 10 March 2019: 2019 MCT events conclude

4.2 The contractor will have to provide their own commercial air, ground transportation, billeting, including transportation to and from venues on board Marine Corps Base Camp Pendleton, CA and any additional .

4.3 Performance will be at Marine Corps Base Camp Pendleton, CA.

5.0 Special Qualifications. The Contractor shall be responsible for employment, training, guidance, and supervision of qualified personnel performing under this PWS. The Contractor shall accomplish the assigned services by employing and utilizing qualified personnel possessing an appropriate combination of education, training, and experience to successfully accomplish the services in this PWS.

6.0 Identification of Contractor Employees. All contract personnel working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public, Government, or other Contractor personnel, that they are Government officials. They must also ensure that all documents or reports produced by the Contractor are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. The Contractor shall provide identification badges and contract personnel are required to wear badges at all times in the performance of each task.

7.0 Contractor Responsibilities while on a Government Installation. The Contractor shall provide each employee with an identification badge, uniform, or shirt that identifies the individual as an employee of the Contractor. These badges will be presented for examination upon request from the Contracting Officer, Government Representative, QA Personnel, Military Police, and any other Government official with a need to see the badge. The Contractor and his employees shall be subject to all traffic, security and registration regulations for personnel and vehicles. Contractor employees must be clearly identifiable while on Government property by wearing appropriate Contractor furnished badges. Contractor employees are required to clearly identify themselves and the company they work for whenever making contact with Government personnel by telephone or other electronic means.

8.0 Required Insurance. The following types of insurance are required (IAW) FAR Clause 52.228-5, “Insurance – Work on a Government Installation” and shall be maintained in the minimum amounts. This clause can be found in the clause and provisions section of this solicitation and may also be found at www.acquisition.gov/far or http://farsite.hill.af.mil/.

8.1 Workmen’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State that does not require or permit private insurance, then companies with the statutory or administrative requirements in any such State will be satisfactory.

8.2 Automobile Liability Insurance. This insurance shall be required on the comprehensive for of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. This insurance may be required in order to obtain entry to the military installation.

9.0 Performance Requirements Summary (PRS).

10.

Travel and Lodging. The contractor is responsible for all travel and lodging arrangements for their contracted personnel. Travel costs shall be in accordance with the Joint Travel Regulations. On base lodging will not be provided/offered to the contractor and it is the responsibility of the quoter to determine what accommodations will be required for their coaching staff. Additionally, the contractor is responsible for providing transportation for their coaching staff from and to their place of lodging and the WWR MCT events. The Government will not be providing any ground transportation for coaching staff.

11.

NMCARS 5237-102(90) ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA) The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Wounded Warrior Regiment (WWR) Marine Corps Trial (MCT) 2019 via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

(End of PWS)

52.212-1 ADDENDUM: INSTRUCTIONS TO QUOTERS – COMMERCIAL ITEMS

GENERAL INTENTION. Marine Corps Installations – National Capital Region (MCI-NCR) has a commercial requirement to purchase coaching and support services to the United States Marine Corps (USMC) Wounded Warrior Regiment (WWR) Warrior Athlete Reconditioning Program (WAR-P) in accordance with FAR Part 12 and 13. This coaching and support services is to provide assistant coaching for the Marine Corps Trials (MCT) 2019. Required specifications are listed in Schedule of Supplies/Services within this solicitation.

Customer: United States Marine Corps (USMC) Wounded Warrior Regiment (WWR) Warrior Athlete Reconditioning Program (WAR-P)

3025 John Quick Road

Marine Corps Base (MCB)

Quantico, VA 22134

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 contract will be issued and it is the Government’s intent to award on an “all-or-none” basis to satisfy this requirement. This procurement is restricted to authorized Small Business concerns. This solicitation and resulting order will be issued in accordance with FAR Parts 12 and 13. Quotes from vendors other than those certified as Small Business concerns will not be considered for award.

CONFIDENTIAL INFORMATION: The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of contract qualifications and quotes/proposals submitted to federal agencies. If a Quoter’s submissions contain information that he/she believes should be withheld from such requestors under FOIA on the grounds that they contain “trade secrets and commercial or financial information” (5 USC 552(b)(4)), the Quoter should mark its submissions in the following manner:

The following notice should be placed on the title page: “Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on such grounds is contained on page(s) _______.”

PAYMENT TERMS: NET 30. Invoices must be submitted via the Wide Area Workflow (WAWF) in accordance with DFARS 252.232-7006 which is included in this solicitation.

REQUIRED DELIVERY/PERIOD OF PERFORMANCE: The Government requires a Period of Performance (POP) from 25 February 2019 to 10 March 2019.

TECHNICAL COMPLIANCE: To ensure technical compliance:

a. The quoter must clearly demonstrate the coaching and supported services quoted meet the solictiation requirements, as outlined in the Performance Work Statement (PWS). 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 period of performance timeframe. Vendors who cannot meet the required period of performance timeframe will not be considered technically acceptable.

c. Quoters shall demonstrate that the coach’s certification are current. Sufficient evidence consists of copies of coaches current certifications. Quotes that are submitted without copies of valid and current certifications shall be deemed technically unacceptable. For coaches nto requiring certification, the proposed coaches experience, as cited in the PWS, must be stated within the quote. For coahes requiring certification, names must be revealed on the certificaiton. Note: The Government does NOT have a list of previously vetteed or recommended individuals for interested vendors to seek for coaching staff.

d. Quoters shall provide proof of insurance as stated in section 8.0 of the Performance Work Statement.

e. Quoters shall indicate the type of employee identification as stated in section 6.0 of the Performance Work Statement.

SUBMISSION OF QUOTES.

a. Questions: All questions must be received by 22 January 2019 at 03:00 PM 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.

b. Quotes: Quotes must be received by the Contracting Officer no later than 31 January 2019 at 12:00 PM EDT. In order to maximize efficiency and minimize the effort involved in the quotes evaluation process, all Quoters must comply with the following instructions for quote format and content. Quotes that do not comply with these instructions may be considered non-responsive and may render the Quote ineligible for award. Quotes may be sent either electronically via electronic mail or via Federal Express, private courier, hand delivered, or mailed, to the following address:

Regional Contracting Office, NCR

2010 Henderson Road

Attention: Grace González Marine Corps Base (MCB)

Quantico, VA 22134

Quotes sent via Federal Express, private courier, hand delivered, or mailed shall be submitted and received by the time and date specified in Paragraph b. Quotes sent electronically shall be submitted to the following e-mail address and received by the time and date specified in Paragraph b: grace.gonzalez@usmc.mil

c. Quote Format: In order to maximize efficiency and minimize the time for quote evaluation Quoters should submit their quotes in accordance with the format and content specified.

• 8.5 x 11 inch paper;

• 1 inch margins on all sides;

• No hyperlinks are permitted

52.212-2 ADDENDUM: EVALUATION – COMMERCIAL ITEMS

EVALUATION. The quote(s) will be evaluated on the Lowest Price Technicable Acceptable (LPTA). 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.

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 all items listed in this solicitation. The Government intends to make a single award Firm Fixed Price (FFP) task order with FFP CLINs. Travel shall also be quoted as firm fixed priced.

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.

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

(End of Provision)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

01-MAR-2019

FOB: Destination

10-MAR-2019

10-MAR-2019

10-MAR-2019

10-MAR-2019

10-MAR-2019

10-MAR-2019

10-MAR-2019

10-MAR-2019

10-MAR-2019

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

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 (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 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 applicable to the NAICS code 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 (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.