Solicitation.pdf

M0026420Q0035

SOLICITATION FOR WARRIOR ATHLETE RECONDITIONING PROGRAM SERVICES

ISSUED BY: Marine Corps Installations National Capital Region- Regional Contracting Office

2010 Henderson Road

Quantico, Virginia 22134

CONTRACT SPECIALIST: Ms. Cyndi Guthridge

(703) 432-1084 cynthia.guthridge@usmc.mil

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 standard of $8 million. This Request for Quotation (RFQ) and subsequent contract are set-aside exclusively for only those authorized Small Businesses. Quotes from other than these vendors will not be considered. This is a RFQ for the Wounded Warrior Regiment, Warrior Athlete Reconditioning Program. 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 and FAR 12, Acquisition of

Commercial Items.

M00264-20-Q-0035 is issued as a RFQ to provide the Government the following services: Contractor shall provide non-personal services for the Warrior Athlete Reconditioning Program requirement for contractor support to provide the coaching services necessary at the specified adaptive sport events.

Contractor/Quoter: __________________________________

Address: __________________________________

City: __________________________________

State and Zip Code: __________________________________

Cage Code: __________________________________

Tax ID Number: __________________________________ mailto:cynthia.guthridge@usmc.mil

SUBMISSION OF QUOTES:

Questions: All questions must be received by 9 January 2020 at 10:00 AM Eastern Time. All questions submitted for this solicitation must be electronically sent to cynthia.guthridge@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 14 January 2020 at 10:00 AM Eastern

Time.

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

mailto:cynthia.guthridge@usmc.mil

SCHEDULE OF SUPPLIES/SERVICES:

LINE

ITEM

SUPPLY/SERVICE QTY UNIT UNIT

PRICE

TOTAL

PRICE

0001 Task 1- Coaching Support Services

16 total Coaches to support the Marine Corps

Trials in accordance with Performance Work

Statement Section 2.1 and 3.1.

Performance location is at Camp Pendleton, CA for the period of 28 February through 12

March 2020.

Firm Fixed-Price

16 Each

0002 Task 2- Coaching Support Services

8 total Coaches to support the Team Sport

Camp in accordance with Performance Work

Statement Section 2.2 and 3.1.

Performance location is at Camp Lejeune, NC for the period of 31 May through 6 June 2020.

Firm-Fixed Price

8 Each

0003 Task 3- Coaching Support Services

11 total Coaches to support the Multi-Sport Camp in accordance with Performance Work Statement Section

2.3 and 3.1.

Performance location is at Camp Pendleton, CA for the period of 7 June through 13 June 2020.

Firm Fixed-Price

11 Each

0004 Task 4- Coaching Support Services

15 total Coaches to support the Warrior Games 2020 in accordance with Performance Work Statement Section

2.4 and 3.1.

Performance location is in San Antonio, TX for the period of 14 September through 29 September 2020.

Firm-Fixed Price

15 Each

PERFORMANCE WORK STATEMENT

Performance Work Statement

United States Marine Corps Warrior Athlete Reconditioning Program

Coaching Support for Marine Corps Trials, Adaptive Sports Training Camps, and Warrior Games 2020

1. Scope

The United States Marine Corps (USMC) Wounded Warrior Regiment (WWR) Warrior Athlete Reconditioning

Program (WAR-P) is designed to strengthen the wounded, ill, or injured (WII) service members 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. The WAR-P requires contractor support services for the Marine Corps Trials (MCT), Team Sport

Camp, Multi-Sport Camp, and the Warrior Games (WG) 2020 adaptive sporting events. The below table lists these event’s anticipated start and end dates:

Event and Location Start End

MCT

Camp Pendleton, CA 28 February 2020 12 March 2020

Team Sport Camp

Camp Lejeune, NC 31 May 2020 6 June 2020

Multi-Sport Camp

Camp Pendleton, CA 7 June 2020 13 June 2020

WG 2020

San Antonio, TX 14 September 2020 29 September 2020

The WWR WAR-P staff will carry out and facilitate the MCT, Multi-Sport and Team Sport Camps, and WG 2020 at

San Antonio, TX. The purpose of this requirement is to provide contractor coaching and support services to prepare

Marine athletes competing in the aforementioned events in the following twelve (12) sports:

Sports

Archery Sitting Volleyball

Cycling Powerlifting

Field Wheelchair Basketball

Shooting Wheelchair Rugby

Swimming Indoor Rowing

Track Golf

2. Requirement

The coaching and support services required for each event, as well as arrival and departure dates are individually detailed in the below tables. The Government will provide a 30-day notice in the event of changes to dates and sports.

2.1 Task 1

Table 1 details the coaching and support services required at Marine Corps Trials at Camp Pendleton, CA:

2.2 Task 2

Table 2 details the coaching and support services required at the Team Sport Camp at Camp Lejeune, NC:

Table 1. Marine Corps Trials Coach Requirements

16 total Coaches Dates

1. Head Volleyball Coach

2. Assistant Powerlifting Coach

3. Head Track Coach

4. Head Field Coach

5. Ultimate Champion coach

6. Assistant. Shooting Coach

7. Assistant. Shooting Coach

8. Head Archery Coach

9. Assistant Cycling Coach/Mechanic

10. Assistant Basketball Coach/Mechanic

11. Assistant Basketball Coach

12. Rowing Coach

13. Assistant Wheelchair Rugby/Mechanic

14. Golf Coach

15. Head Wheelchair Rugby Coach

16. Assistant Wheelchair Rugby Coach

Arrive: Feb. 28 , 2020

Depart: Mar. 12, 2020

Table 2. Team Sport Camp Coach Requirements

8 total Coaches Dates

1. Head Volleyball Coach

2. Head Basketball Coach

3. Assistant Basketball Coach/Mechanic

4. Assistant Volleyball Coach

5. Assistant Basketball Coach

6. Wheelchair Rugby Mechanic

7. Head Wheelchair Rugby Coach

8. Assistant Wheelchair Rugby Coach

Arrive: May 31, 2020

Depart: June 6, 2020

2.3 Task 3

Table 3 details the coaching and support services required at the Multi-Sport Camp at Camp Pendleton, CA:

2.4 Task 4

Table 4 details the coaching and support services required at the Warrior Games 2020 at San Antonio, TX:

Table 4. Warrior Games 2020 Coach Requirements

15 total Coaches Dates

1. Volleyball Coach

2. Head Field Coach

3. Head Track Coach

4. Shooting Coach

5. Shooting Coach

6. Head Archery Coach

7. Assistant Basketball Coach

8. Assistant Basketball Coach/Mechanic

9. Rowing Coach

10. Wheelchair Rugby Mechanic

11. Golf Coach

12. Assistant Cycling Coach/Mechanic

13. Wheelchair Rugby Coach

14. Assistant Powerlifting Coach

15. Ultimate Champion Coach

Arrive: Sept. 14, 2020

Depart: Sept. 29, 2020

Table 3. Multi-Sport Camp Coach Requirements

11 total Coaches Dates

1. Head Field Coach

2. Assistant Field Coach

3. Assistant Track/WC Racing Coach

4. Assistant Shooting Coach

5. Assistant Shooting Coach

6. Assistant Cycling Coach/Mechanic

7. Head Archery Coach

8. Assistant Archery Coach/Mechanic

9. Head Track Coach

10. Head Rowing Coach

11. Head Golf Coach

Arrive: June 7, 2020

Depart: June 13, 2020

3. Additional Requirements

3.1 Required Certification and Experience

Coaching Certification

Required certification in the adaptive sports program(s) in which the individual will be coaching.

Corporate Experience

Minimum five (5) years’ experience (cumulatively or individually) providing coaching support in any of the following:

- Wounded Warrior Regiment (or other service equivalent) sports camps, trials and/or games,

- Competitive levels, such as DOD warrior games, collegiate, Paralympic or National level,

- Adaptive or able-bodied experience at a national level, such as NCAA, Paralympics, US Shooting, DOD

Warrior Games, etc.

3.2 Training

Coaches are expected to develop a training plan outlining the practice schedule details (e.g. session start and end times, etc.) based on the attached event schedules for the MCT, the Camps, and for the WG 2020, and train

Wounded, Ill and Injured Marine athletes in their designated adaptive sport. The training plan should be submitted to the Contracting Officer’s Representative (COR) no later than (NLT) 3 business days prior to the commencement of the event in a format agreed upon by the contractor and the COR. Contracted personnel must provide their own whistles for events, which is required for wheel chair basketball coaches.

3.3 Coaching Responsibilities

- Manage practice sessions;

- Assist with gear, and equipment set up and maintenance;

- Assist with accountability of their athletes at the MCT, Camps, and WG 2020 events to ensure safety and proper execution;

- Report daily to the designated Command Center for schedule assignment;

- Bring tools and supplies for designated sport equipment (mechanic coaches only);

- Submit a sport specific WWR athlete assessment on each athlete within seven (7) business days at the end of the event.

3.4 Contractor Point of Contact

The contractor must identify a primary point of contact for this requirement.

4. Additional Information

- 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;

- The contractor and their coaching staff are not required to rent any equipment for the events. (All sports equipment needed by the athletes for the sporting events will be provided by the Government.)

- Daily training periods and coach expectations will be based on the overall schedule. The needs for coaches in the specific sports may change based on the needs of the athletes attending these events.

5. Travel

5.1 The contractor is responsible for all travel and lodging arrangements for their contracted personnel.

Government installation lodging will not be provided or offered to the contractor; it is the responsibility of the contractor to determine what accommodations will be required for their coaching staff. Additionally, the contractor is responsible for providing transportation for their coaching staff to and from their place of lodging, the MCT, Multi-Sport Camp, Team Sport Camp, and the WG 2020 events. The Government will not be providing any ground transportation for coaching staff.

5.2 Coaches are expected to arrive the day prior to the start of the event as noted in Tasks 2.1 through 2.4.

Coaches should schedule their departure on the day after their respective sport competition concludes as noted in

Tasks 2.1 through 2.4, and not attempt to leave their competition early in order to make their flight.

6. Security Requirements

A DOD issued ID is required for base access. If the coach does not have a DOD issued ID the COR should be notified no later than four (4) weeks in advance of the start of the event. Coaches not in possession of a DOD issued

ID will be required to provide their driver’s license information to the COR and submit to a background check.

7. Deliverables

The Contractor will submit the following deliverables to the COR as described in the below table. The COR is responsible for the tracking and acceptance of all deliverables.

DELIVERABLES

Deliverable PWS Reference Due Date Format

Athlete Assessment 3.3

Within seven (7) business days after the end of each event

Attachment 1

Training Plan 3.2

No later than three

(3) business days prior to start of event

As agreed to by the contractor and

COR

8. Performance Requirements Summary

The below table details the performance objectives and performance standards that must be performed by the contractor. The table also details the method of surveillance the COR will use to determine the quality of the contractor’s performance as it relates to those objectives and standards.

Performance

Objective

PWS

Reference

Performance

Standard

Acceptable

Quality

Level

(AQL)

Surveillance

Method Incentive

Provide adequate coaching and support personnel to support the

Wounded Warrior adaptive sporting events

Section II;

Task 1

The Marine Corps

Trials event is supported by 16 coaches

100%

- Demonstration

- Customer

Feedback

- CPARS

rating

Section II;

Task 2

The Multi-Sport event is supported by 11 coaches 100%

Section II;

Task 3

The Team Sport

Camp event is supported by 8 coaches

Section II;

Task 4

The Warrior Games

2020 is supported by

15 Coaches

9. Performance Location / Period of Performance / Operational Hours

The place of performance is detailed in Section 2. Contractor personnel supporting this requirement are required to be on-site throughout the specified times at their designated event.

The period of performances is detailed in Section 2 and is specified by Task, and in Section 5.2.

Hours of operation for each event is approximately eight (8) hours.

10. Contracting Officer’s Representative (COR)

The Contracting Officer has designated the person named below as the authorized COR for this contract:

Name: To Be Provided At Award

Email:

Phone Number:

The COR will represent the Contracting Officer in the administration of technical details within the scope of this contract and will perform inspections and acceptance of all deliverable. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The

COR does not have the authority to alter the contractor’s obligations or change the specifications in the contract. If, as a result of technical discussions, it is desirable to alter contract obligations or statement of works, a modification must be issued in writing and signed by the Contracting Officer. The COR is responsible for reviewing invoices submitted by the contractor and informing the Contracting Officer of areas where exceptions are to be taken. The

COR authority is non-delegable. The COR may be personally liable for unauthorized acts

11. Authorized Changes

Authorized Changes by the Contracting Officer (KO)

Except as specified in Paragraph B below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the Changes clause of this contract.

A) The contractor shall not comply with any order, direction, or request of Government personnel unless it is issued in writing and signed by the KO or is pursuant to specific authority otherwise included as a part of this contract.

B) The KO is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, said authority remains solely the KO’s. In the event the contractor effects change at the direction of any person other than the KO, the change will be considered to have been made without authority and no adjustment will be made in the contact price to cover any increase incurred as a result thereof. The address and telephone number of the KO is:

Name: TBD

Telephone:

Email:

12. 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 HQMC EEO Program Support services 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;

(4) S, Utilities ONLY;

(5) V, Freight and Shipping ONLY.

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

13. Required Insurance

The following types of insurance are required in accordance with 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 soliciation and may also be found at: https://www.acquisition.gov/content/regulations

13.1 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 requirement in any such State will be satisfactory.

13.2 Automobile Liability Insurance. This insurance shall be required on the comprehensive 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.

14. Attachments and Exhibits

Attachments

(1) Athlete Assessment

(2) Training Schedules

- MCT

- Multi-Sport

- Team Sport Camp

- WG 2020

Exhibit

(a) Pricing Template https://www.acquisition.gov/content/regulations

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 28-FEB-2020 TO

12-MAR-2020

N/A M00084 MANPOWER & RESERVE

AFFAIRS

3025 JOHN QUICK ROAD

QUANTICO VA 22134

MARC SAVINE

703 784 3630

FOB: Destination

M00084

0002 POP 31-MAY-2020 TO

06-JUN-2020

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 07-JUN-2020 TO

13-JUN-2020

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 14-SEP-2020 TO

29-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities.

JUL 2018

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

52.207-2 Notice Of Streamlined Competition MAY 2006

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.223-10 Waste Reduction Program MAY 2011

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-11 Extras APR 1984

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-7 Indemnification and Medical Liability Insurance JAN 1997

52.242-13 Bankruptcy JUL 1995

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.247-34 F.O.B. Destination NOV 1991

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7006 Billing Instructions OCT 2005

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.215-7005 Evaluation Factor for Employing or Subcontracting With

Members of the Selected Reserve

OCT 2008

252.215-7007 Notice of Intent to Resolicit JUN 2012

252.215-7008 Only One Offer JUL 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)

ALTERNATE I (OCT 2014)

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

(a) Definitions. As used in this provision--

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

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

https://www.sam.gov/

“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.

“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.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

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

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

United States.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard 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 __.

http://www.sam.gov/

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the

United States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

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

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

___ Black American.

___ Hispanic American.

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

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana

Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the Maldives Islands, or Nepal).

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

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

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

Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts

60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of

“domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,”

“component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,”

“Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian

End Products) or Israeli End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—

Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United

States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at

FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or

Peruvian End Products) or Israeli End Products:

Line Item No.: Country of Origin:

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

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

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

Other End Products

Line Item No.: Country of Origin:

[List as necessary]

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

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals

Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing.