Solicitation_M67004-18-R-0026.docx

M6700418R0026

Section SF 1449 - CONTINUATION SHEET

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

COMBO

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

ORIGIN/ORIGIN

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Julie.dennison@usmc

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Julie.dennison@usmc Phone:229-639-8709

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

IGF::OT::IGF Reciever TransmitterFFP The purpose of this document is to request funding for contractual services for the procurement of services to refurbish the below components, with minimun quantity one (1) maximun quantity (150) via Long Term Contract.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

NSN: 5820015805471

MILSTRIP: M9886118RCLTRA2

MFR PART NR: 410658-514

PURCHASE REQUEST NUMBER: M9886118RCLTRA2

ADDITIONAL MARKINGS: TAMCN: Various

NET AMT

IGF::OT::IGF Reciever TransmitterFFP The purpose of this document is to request funding for contractual services for the procurement of services to refurbish the below components, with minimun quantity one (1) maximun quantity (80) via Long Term Contract.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

NSN: 5820015817287

MILSTRIP: M9886118RCLTRA2

MFR PART NR: 4101660-510

NET AMT

IGF::OT::IGF Reciever TransmitterFFP The purpose of this document is to request funding for contractual services for the procurement of services to refurbish the below components, with minimun quantity (16) maximun quantity (155) via Long Term Contract.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

NSN: 5820014870973

MILSTRIP: M9886118RCLTRA2

MFR PART NR: 4101195-501

NET AMT

IGF::OT::IGF Circuit Card AssemblyFFP The purpose of this document is to request funding for contractual services for the procurement of services to refurbish the below components, with minimun quantity (84) maximun quantity (215) via Long Term Contract.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

NSN: 5998014870979

MILSTRIP: M9886118RCLTRA2

MFR PART NR: 4101146-501

NET AMT

The purpose of this document is to request funding for contractual services for the procurement of services to refurbish the below components, with minimun quantity one (1) maximun quantity,(150) via Long Term Contract.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

NSN: 5820015805471

MILSTRIP: M9886118RCLTRA2

MFR PART NR: 410658-514

NET AMT

The purpose of this document is to request funding for contractual services for the procurement of services to refurbish the below components, with minimun quantity one (1) maximun quantity (80) via Long Term Contract.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

NSN: 5820015817287

MILSTRIP: M9886118RCLTRA2

MFR PART NR: 4101660-510

NET AMT

The purpose of this document is to request funding for contractual services for the procurement of services to refurbish the below components, with minimun quantity (16) maximun quantity (155) via Long Term Contract.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

NSN: 5820014870973

MILSTRIP: M9886118RCLTRA2

MFR PART NR: 4101195-501

NET AMT

The purpose of this document is to request funding for contractual services for the procurement of services to refurbish the below components, with minimun quantity (84) maximun quantity (215) via Long Term Contract.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

NSN: 5998014870979

MILSTRIP: M9886118RCLTRA2

MFR PART NR: 4101146-501

NET AMT

The purpose of this document is to request funding for contractual services for the procurement of services to refurbish the below components, with minimun quantity one (1) maximun quantity (150) via Long Term Contract.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

NSN: 5820015805471

MILSTRIP: M9886118RCLTRA2

MFR PART NR: 410658-514

NET AMT

The purpose of this document is to request funding for contractual services for the procurement of services to refurbish the below components, with minimun quantity one (1) maximun quantity (80) via Long Term Contract.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

NSN: 5820015817287

MILSTRIP: M9886118RCLTRA2

MFR PART NR: 4101660-510

NET AMT

The purpose of this document is to request funding for contractual services for the procurement of services to refurbish the below components, with minimun quantity (16) maximun quantity (155) via Long Term Contract.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

NSN: 5820014870973

MILSTRIP: M9886118RCLTRA2

MFR PART NR: 4101195-501

NET AMT

The purpose of this document is to request funding for contractual services for the procurement of services to refurbish the below components, with minimun quantity (84) maximun quantity (215) via Long Term Contract.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

NSN: 5998014870979

MILSTRIP: M9886118RCLTRA2

MFR PART NR: 4101146-501

NET AMT

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

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

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

150.00

80.00

155.00

215.00

150.00

80.00

155.00

215.00

150.00

80.00

155.00

215.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

LOGCOM STANDARD LANGUAGE

ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Inspect Repair Only As Necessary of the Reciever Transmitters, Circuit Card Assembly,via a secure data collection site. 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.”

PACKAGING AND PACKING

To be in accordance with manufacturer’s standard commercial practice, ensure acceptance by common or other carrier for safe transportation at lowest rate to point of delivery.

DELIVERIES TO ALBANY, GEORGIA, ONLY:

Deliveries will be accepted during working hours; i.e., weekdays 7:00 A.M. to 1:00 P.M. APPOINTMENT IS REQUIRED TO UNLOAD ALL SHIPMENTS AND MUST BE MADE 24 HOURS IN ADVANCE BY CALLING (229)639-5860. No deliveries on Saturdays, Sundays, or legal holidays. TRUCK DELIVERIES WILL BE EFFECTED THROUGH GATE 5.

Expedited Delivery

Expedited delivery at no cost to the Government is requested.

PERFORMANCE WORK STATEMENT

Performance Work Statement For

CCI RADIO EQUIPMENT

Receiver Transmitter (5820-01-580-5471) Receiver Transmitter (5820-01-581-7287) Receiver Transmitter (5820-01-487-0973) Circuit Card Assembly (5998-01-487-0979)

Contents

1.0 SCOPE

This section sets forth the requirements of the Firm Fixed Price contract for refurbishment of various Depot Level Reparables (DLR’s) associated with the Controlled Cryptographic Radios (CCI COMSEC) at the direction of the United States Marine Corps Logistics Command (MARCORLOGCOM) in Albany, GA. The intent is to provide materiel availability of the COMSEC CCI DLR’s, which are major subsystems of handheld, shelter and mobile communication networks. Under the agreement, the contractor shall provide sustainment support as outlined in this section to meet the agreed upon requirements for the CCI COMSEC equipment.

1.1 BACKGROUND

The CCI COMSEC communication systems had been fielded with warranty as the initial sustainment strategy. However, most of the warranties have now expired. Historically MARCORLOGCOM has used individual short term contracts to satisfy refurbishments. The continuous repeat of awarding these short term contracts warrantied the need to move to a Long Term Repair Agreement to save Acquisition Lead Time (ALT) and labor costs. Additionally, the time F-condition components remain in LOGCOM’s custody awaiting disposition decisions or contract execution contributes to delays in the repair process and supply chain activities. Procurement of new parts is not justified due to the amount of repairable carcasses on hand

2.0 SCOPE OF WORK

USMC is seeking to initiate a Firm Fixed Price Refurbishment contract for the DLR’s listed in Figure 1 below. The contractor will provide repair turn-around time (TAT) of 120 days or less for those items once received at vendor sight. Figure 1 also provides the min/max amount of carcasses forecasted for refurbishment per year. The vendor is expected refurbish material to meet Form, Fit, and Function along with Repair Turn Around Time (RTAT) as outlined in par. 3.2 and the Quality Assurance Surveillance Plan (QASP) par. 5.1. The contractor is required to put in place the infrastructure, material, and systems necessary to meet the Government’s requirements. This section of the Performance Work Statement (PWS) lists Contractor and Government responsibilities during the Period of Performance (PoP) for refurbishment of the COMSEC CCI.

Figure 1.

2.1 CONTRACTOR RESPONSIBILITIES

The Contractor will be responsible for the requirements as identified in the contract schedule at a single price for the period of the contract. It is the responsibility of the Contractor to manage the program to provide serviceable components to the government.

The Contractor shall:

1. Meet the Delivery Dates for in accordance with the content of this PWS, starting with contract award date.

1. Perform all repairs and/or overhaul, of the CCI COMSEC DLR’s to 65% of a procurement cost to meet Form Fit and Function.

1. Integrate all activities performed by its partnerships and sub-tier suppliers.

1. Deliver program data and status reports, to root cause analysis and Work In Progress reports.

1. Manage Diminishing Manufacturing Sources and Material Shortages (DMSMS) as it relates to commercial repair activity.

1. Manage Configuration management as a result of reliability improvements. Obtain Government approval in advance of configuration management stemming from reliability improvements that will negatively impact the form, fit and function.

1. Arrange for shipment of A-Condition components back to the Government.

1. Coordinate inspection/acceptance with the Government representative

1. The Contractor will repair all items which fail a Product Quality Deficiency Report.

2.2 GOVERNMENT RESPONSIBILITIES

The Government will ensure timely turn in of unserviceable assets from Marine Corps Stock. All unserviceable assets will be shipped directly to the Contractor.

2. 2. 1 MARCORLOGCOM RESPONSIBILITIES

1. Assign a Contracting Officer’s Representative(s) (COR) to be responsible for performing specific technical or administrative functions.

1. Provide quality assurance personnel (DCMA) authorized to accomplish Government inspection/acceptance at the source of repair/replacement output under this contract.

1. Make timely decisions on DMSMS and Configuration Management issues.

2. 2. 2 PM MAGTCS RESPONSIBILITIES

1. Make timely decisions on DMSMS, obsolescence, reliability enhancements, and CM issues.

2.3 CONTRACTOR PROGRAM MANAGEMENT

The Contractor shall provide a Program Manager (PM) who has the authority to accomplish the program performance requirements. The PM shall be the Contractor’s single point of contact to the Government for the program. Any contractual changes must be communicated and approved prior to execution through the Contracts department (Government and contractor). Responsibilities of the Contractor’s PM include, but are not limited to:

1. The PM shall coordinate program requirements and information with the Contracting Agency.

1. The PM or PM’s representatives shall be available to the Government during normal working hours. A working day is defined as 0800-1700 Eastern Standard Time, excluding Saturdays, Sundays, and Federal holidays.

1. The PM shall ensure timely (within 30-60 days) resolution of business and technical problems.

1. Program management costs are included in the contract and will not be priced separately.

2.4 PROGRAM MANAGEMENT REVIEWS

The contractor and government will meet for Program Management Review Boards if either party determines and validates the necessity. The preferred method in order to hold down costs would be Video Tele-Conferences but would be open for other options. PMRBs are a forum to review program performance, action items, and any other outstanding program related items, as well as to resolve any issues. PMRBs may include all relevant Industry and Government (Program Manager MAGTCS and Marine Corps Logistics Command) stakeholders. The agenda topics covered by the PMRB may include at a minimum the following:

1. Root cause analysis

1. Repair status report

1. Beyond Economical Repair (BER) report if required

1. DMSMS, Obsolescence and configuration management report if required

1. Other action items

Additional agenda topics can be added as necessary.

3.0 PERIOD OF PERFORMANCE

The period of performance will be conducted on a schedule agreed upon by the contractor and the government.

3.1 PERFORMANCE REQUIREMENTS

The Contractor shall meet the repair time frame set forth in contract and this PWS.

3.2 PERFORMANCE STANDARDS

Government shall use the monitoring methods cited to determine whether the performance standards have been met. If the contractor has not met the minimum requirements the contractor will receive a negative CPARS review. Start date for below will be receipt of carcasses at vendor facility for refurbishment.

a. Satisfactory. Indicates performance clearly meets contractual requirements. The area of evaluation contains some minor problems for which the corrective actions appear satisfactory. As stated in the PWS, Satisfactory performance is delivery of refurbished items back to Marine Corps Wholesale stock prior to Contract POP end date.

b. Unsatisfactory. Indicates the Contractor is in danger of not being able to satisfy contractual requirements and recovery is not likely in a timely manner. The area of evaluation contains one or more serious problems for which the corrective actions appear ineffective. As stated in the PWS, Unsatisfactory performance is return of any item over Contract POP no fault of the government.

4.0 METRIC TRACKING

If the Contractor fails to meet the delivery requirement, the Government reserves all rights and remedies under the contract. The evaluation of contractor’s Delivery Date will be reviewed at time of last shipment report provided by contractor.

5.0 DATA AND REPORTING

All Forms will be submitted electronically to Marine Corps Customer.

The Contractor shall report, via electronic form, the Repair Status Report (CDRL A001) on a monthly basis to include the component level details.

6.0 REPAIR, REPLACE, AND OVERHAUL

The Contractor shall return all units undergoing major refurbishment to Ready For Issue condition (RFI) or “A” Condition, where RFI (A) condition is defined as that condition where the equipment performs in accordance with its performance specifications in an operational environment and is in new like condition.

7.0 GOVERNMENT SOURCE INSPECTION REQUIREMENT

All product audits performed at the discretion of the DCMA QAR or other appropriate government representative shall be conducted by witnessing Contractor inspections or tests on a non-interference basis. When appropriate advance notification is furnished of the time of Contractor inspections or tests and the DCMA QAR is unavailable to witness the tests or inspections, the Contractor may proceed with the inspections or tests. The Contractor shall maintain records adequate to allow verification of all required inspections and tests. When necessary, Government verification of inspections or testing may be accomplished by records review.

8.0 TRANSPORTATION

The Government will ship all wholesale material to the Contractor at the Government expense. The Contractor will be responsible for transportation and in transit tracking of cargo within the Continental United States (CONUS) to the designated Marine Corps activity (DLA Albany).

The Marine Corps will be responsible for:

The Contractor will be responsible for:

a. Shipment and Tracking of material back to the Government (A DD Form 1348-1A or a DD1149) shipping document must be prepared for each unit being shipped). Documents will reflect at a minimum: Contract Number, Document Number gear initially received on, serial number, national stock number, and quantity and condition code.

b. Shipment of material to sub-vendor repair facilities.

c. Proper packaging of material.

9.0 GOVERNMENT FURNISHED PROPERTY (GFP)

The Government material referenced within this contract is considered Government Furnished Property. If material while in the vendor’s possession is Missing, Lost or Stolen, the vendor will be required to furnish the government replacement costs equal to current market prices.

10.0 DIMINISHING MANUFACTURING SOURCES AND MATERIAL SHORTAGES MONITORING

The Contractor will manage DMSMSM over the entire period of the contract to ensure compliance with all performance and contract requirements. Responsibility includes all costs associated with locating part replacement, vendor interface, and engineering efforts. The Contractor shall develop a plan for managing the loss, or impending loss, of manufacturers or suppliers of components, assemblies, or materials used in the system. Changes considered necessary by the Contractor to ensure the continued manufacture and/or repair of the equipment shall be made in accordance with the Configuration Management requirements of this PWS.

11.0 CONFIGURATION MANAGEMENT

The Contractor may develop, prepare, submit, and incorporate configuration changes for approval by the Government in order to improve the reliability, availability, and maintainability of the thermal elbow.

12.0 RELIABILITY IMPROVEMENTS

This PWS will not incorporate any cost improvements. The government will however entertain contractor suggestions at no cost to the government.

13.0 DELIVERABLES

ID

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

TRAFFIC MANAGEMENT OFFICER

JOE MILLER

MCLC BLDG 1221 DR 20

MF FSD STOR MAINTBR WHSE 1231 DR 11

814 RADFORD BLVD

ALBANY GA 31704-5000

FOB: Origin (Shipping Point)

MMSA01

29-AUG-2019

MMSA01

29-AUG-2019

MMSA01

29-AUG-2019

MMSA01

(SAME AS PREVIOUS LOCATION)

MMSA01

29-AUG-2020

MMSA01

29-AUG-2020

MMSA01

29-AUG-2020

MMSA01

(SAME AS PREVIOUS LOCATION)

MMSA01

29-AUG-2021

MMSA01

29-AUG-2021

MMSA01

29-AUG-2021

MMSA01

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Award will be made on lowest priced, technically acceptable basis, considering the following factors: technical capability of the item to meet the government’s requirements, delivery, past performance and price in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

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

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

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

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

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

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

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

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

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

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

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

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

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.