M67400-15-T-0057_Para_Ops.doc

Section SF 1449 - CONTINUATION SHEET

TRAINING

FFP

The contractor shall provide training as defined in PWS.

6 Aug 2015 ~ 8 Aug 2015: Provide a period of instruction on advanced parachuting operations.

10 Aug 2015 ~ 22 Aug 2015: Provide 3 certified instructors to lead practical application

FOB: Destination

NET AMT

TRAINING SUPPORT

The Contrator shall provide classroom space and accomodations as defined in PWS.

NET AMT

AIRCRAFT BLADE HOURS

Total of 45 blade hours as defined in the SOW.

NET AMT

FFP

The contractor shall provide training as defined in PWS.

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

The contractor shall provide training as defined in PWS.

NET AMT

FFP

NET AMT

FFP

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

SUBMISSION OF QUOTE

The Offerors are required to submit the following as part of their Quote:

(X) SF1449 (Solicitation M67400-15-T-0057) completed.

(X) Offerors shall submit two separate volumes: (Volume I and II) Offerors shall submit each Volume in accordance with the instructions below:

Volume I – (Technical Approach and Past Performance): The Offeror shall submit one original copy and one redacted version (The redacted version is used during the technical evaluation and therefore; it should be without company logo, identifying marks and names. Failure to provide a redacted copy may result in a non-responsive determination. The Government will validate Offeror’s redacted company information but will not make changes to the Offeror’s provided redacted proposal either to add or delete redacted text/graphics/etc.).

1) Task Understanding (See FAR 52.212-2)

· The Offeror shall also provide the methodology and detail as to how the Offeror intends to perform the tasks as specified in the SOW. In particular, the Offeror shall provide specific details of how the Offeror will fulfill all the required tasks of the SOW.

Qualifications/Certifications/Experience (See FAR 52.212-2)

· The Offeror shall propose minimum qualifications, certifications, experience, and specialized experience that the individuals will possess for each of the support areas identified in the SOW. The Offeror shall certify that all the individuals to perform services throughout the life of the contract will meet the characteristics proposed.

Aircraft must be an approved Air Mobility Command (AMC) aircraft, which is authorized to conduct parachute operations with DOD personnel. The aircraft must be capable of supporting 10 combat loaded Marines and 2 Free Fall Jump Masters. Contractor shall provide proof of AMC certification.

2) Past Performance Information List (See FAR 52.212-2) (Attachment 1)

Offerors shall provide no more than five (5) past performances references for the prime and any sub contractor. Emphasis should be placed on the provision of High Altitude High Opening (HAHO) training and support within the last three (3) years. Include the following fields:

· Customer;

· Contract/Task Order number;

· Contract type;

· Program name;

· Total contract value;

· Identification of any Key Staff involved;

· Description of work performed / relevance to this task, provided in ‘bullet’ format;

· Names / telephone numbers / e-mail for the PCO and COR

If the offeror is unable to provide five (5) relevant contracts for the past performance evaluation, a lesser number may be submitted. The offeror may also submit relevant contracts performed by subcontractors that will perform under this contract, but under no circumstances may an offeror submit more than five (5) contracts for review, regardless of whether the contracts were performed by the offeror, subcontractor(s), or any combination thereof. Any submission(s) in excess of this stated limit will be excluded by the Government. The Government will choose the excluded contract(s) at random, or in any manner that the Government, in their absolute discretion, deems appropriate, without any consideration for the best interests of the offeror. If subcontractor contracts are submitted, the offeror must also clearly indicate the percentage of work that the subcontractor(s) performed under each task/category of effort throughout the course of the contract. If the offeror possesses no relevant past performance, it should affirmatively state this fact in the Past Performance Information List. Failure to submit the completed Past Performance Information List shall be considered certification (by signature on the offer) that the offeror has no past performance for like or similar items for the Government to evaluate.

Volume II- (Price): The Offeror shall contain all the pricing information. Only one (1) original copy shall be submitted. This Volume shall contain the information requested below and shall include a copy of Section SF1449 – CONTINUATION SHEET with the Contract Line Item (CLIN) Unit Prices and for evaluation purposes, the Total Prices filled in.

All price/cost and price/cost supporting information shall be contained in Volume II and the price/cost proposal. No price or pricing information shall be included in any other technical volume including cover letters. Offerors are responsible for submitting sufficient information to enable the Government to fully evaluate their price/cost proposal.

1. All and any communications/questions pertaining to this solicitation must be submitted in writing to the responsible Contracting Specialist no later than five (5) working days prior to the solicitation closing date. If an Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the Contract Specialist in writing with supporting rationale. The Offeror is reminded that the Government reserves the right to award this effort based on the initial quote as received, without discussions.

Mail:

Regional Contracting Office

Attn: Kazuho Tamayose

PSC 557 Box 2000

FPO AP 96379-0379

To:

MCIPAC Regional Contracting Office Butler

Attn: Kazuho Tamayose Bldg. 355

Camp Foster, Okinawa Japan

Phone: 81-98-970-8531(from U.S.)

098-970-8531 (within Japan)

Fax:

81-98-970-0969 (from U.S.)

098-970-0969 (within Japan)

E-mail: kazuho.tamayose.ja@usmc.mil

2. Submission of quotes: The solicitation must be returned to the address listed above at the date and time specified in paragraph 5. Quotes may be submitted by mail, courier, or facsimile. Facsimile quotes are subject to the same rules as paper quotes. The Government reserves the right to make award solely on the quotes received or request clarifications. Offerors bear the burden of ensuring that offers (and any authorized modifications) reach the designated office before the deadline specified in paragraph 5(a). Offerors should allow a reasonable time for facsimile transmissions to be completed.

3. Quotes may be submitted electronically (emailed); however, due to government computer firewall security, please be advised that it is the Offeror’s responsibility to ensure that the Contracting Office receives all required documents.

4. All pages of the offer must reach the office before the deadline specified in paragraph 5. Pages of a facsimile transmission that arrive in the office after the specified deadline will not be considered. The Offeror bears the risk of non-receipt of facsimile transmissions and should confirm by telephone that a facsimile was received. Any facsimile transmission must clearly state the solicitation number and the name of the Contract Specialist on the first page, to ensure proper receipt.

5. Format of Quotes: This section specifies the contents, format, and limitations that Offeror’s shall use when submitting quotes. Quotes that do not conform to the requirements addressed herein may not be considered for award.

a) All responses to this request for quote are due no later than Friday, 17th April, 2015 @ 1:00 PM JST

Offeror’s expenses incurred as a result of proposal preparation shall not be reimbursed by the U.S. Government.

SYSTEM FOR AWARD MANAGEMENT (SAM) VALIDATION

Effective 01 March 1999 all payments made by the government will be made by Electronic Fund Transfer (EFT). All DoD Contractors are now required to be registered within the SAM database prior to award, during performance and throughout final payment of any contract resulting from this request for quotation. Offerors may obtain information on registration and annual confirmation requirements by calling 1-312-463-3376 or via the Internet at: https://www.sam.gov. Registration on line will normally take 5 business days vice the standard 30 days processing time required through other methods.

The following information must be provided with this quotation:

Commercial And Government Entity Code (CAGE). ____________________ (U.S. Vendor Only)

NATO Commercial And Government Entity Code (NCAGE). ____________________ (Foreign Vendor Only)

Taxpayer Identification Number (TIN). _____________________________

Data Universal Numbering System (DUNS). __________________________

By submitting the above information, offerors are affirming that they are registered in the SAM database.

STATEMENT OF WORK

Introduction

Marines of Force Company, III MEF will be conducting jump operations, attending classroom instruction, and participating in practical applications that will provide them a solid understanding of what is needed to conduct High Altitude High Opening (HAHO)/High Altitude Low Opening (HALO) operations in a combat environment. This skill set greatly enhances the capability of the Company to execute tactical infiltrations, under the cover of darkness, in support of deep reconnaissance missions. Terrorist networks operate in a wide range of geographical locations, and the ability to insert without detection and risk to the operator is imperative to mission success. A compromise during or immediately following a HAHO/HALO insertion puts the lives of the Marines in jeopardy and can have huge ramifications on the status of the mission. Affording this skill set to the Force Reconnaissance Marines of III MEF, will enhance their value and the crisis response capabilities for the III Marine Expeditionary Force.

Objectives

· Provide a period of instruction on advanced parachuteing operations, enabling the Marines to utilize night vision devices and multiple gear configurations (approved by HQMC) in order to safely insert a Force Reconnaissance team to an unknown drop zone.

· Provide 3 certified instructors to lead practical application. One instructor will be paired with one Force Reconnaissance team. This instructor must: assist in planning the insert, insert with the team while filming the team’s exit and flight pattern, and land safely with the team. The instructor must then conduct a video based debrief.

· Provide a DOD approved commercial platform that is capable of deploying military parachutist, at an altitude not to exceed 25,000ft MSL. This aircraft must be capable of supporting a rear ramp exit loaded with 10 combat equipped Marines and 2 Free Fall Jump Masters. The Company will require 45 hours of blade time to conduct this training.

· Provide training spaces/ training areas capable of accommodating 50 Marines from Force Company for formal/informal instruction and parachute operations. The Marines must be able to utilize these training areas for classroom instruction, parachute packing, parachute storage, gear preparation, gear storage, training, and drop zones for DOD personnel conducting parachute operations, berthing and messing. The training area must be capable of supporting all requirements as detailed below and provide a command and control node to the instructors and company staff throughout the period of instruction.

Scope

The jump operations must include High Altitude High Opening (HAHO)/ High Altitude Low Opening (HALO) parachute jumps to satisfy the desired program of instruction.

Tasks

The Government’s requirements include:

Contractor provided:

1. The Contractor shall provide one aircraft, capable of conducting military free fall parachute operations from an altitude not to exceed 25,000ft MSL. This aircraft must be an approved Air Mobility Command aircraft, which is authorized to conduct parachute operations with DOD personnel. The aircraft must be capable of supporting 10 combat loaded Marines and 2 Free Fall Jump Masters.

2. The Contractor shall provide 45 blade hours of aircraft utilization. The contractor is responsible for all aircraft maintenance, mechanical support and airfield storage.

3. The Contractor shall provide a parachute packing facility (10,000ft minimum) with direct access to the aircraft loading area.

4. The Contractor shall provide double locked climate controlled parachute storage space.

5. The Contractor shall provide parachute packing space.

6. The Contractor shall provide climate controlled billeting space for 50 Marines utilizing cots. The billeting location must also include full bathrooms with toilets and showers. Adequate space must be provided per man to accommodate sleeping and the storage of extra uniforms, gear and civilian attire (1 x Cots & 1 x Seabag & 1 x Kitbag).

7. The Contractor will provide climate controlled classroom spaces available for formal and informal instruction. This classroom will contain seating and desk space for 50 students as well as an appropriate surface (screen or smooth wall surface) to project Power Points presentation on. Additionally, the room will have an accecible chalk board or dry erase board. Space must also be available for a separate catering company/restaurant to set up and serve a breakfast and dinner meal to 50 Marines.

8. The Contractor shall provide DZ landing jumper and parachute recovery capability.

9. The Contractor shall provide 5 Zone Availability Report (ZAR) listed drop zones.

10. The Contractor shall provide and coordinate medical support in the form of air medevac capabilities.

11. The Contractor shall provide liaison to medical facilities in the area.

12. The Contractor shall provide initial coordination of air evacuation of casualty.

13. The Contractor will provide a runway capable of supporting a C-130 aircraft.

14. The Contractor will provide a facility capable of conducting live fire training to include 5.56 and 7.62 caliber weapons.

15. Subject matter expertise (SME) in the form of 3 Advanced Tactical Infiltration Course level instructors. This qualification is the Advanced Tactical infiltration Course (ATIC).

16. ATIC course will conduct jumps according to requirements of MCWP 2-25 Category 3, see Table 1 below.

17. Table 1

Min/ Max Notes

18. Conduct training in accordance with ATIC certification requirements. See below table.

Government provided:

1. Sufficient quantities and types of weapons to load out Marines participating in training with a combat load.

2. Individual radios for jumpers.

3. Radios for communication with the aircraft.

4. Night vision devices capable of mounting on jump helmets during HAHO/HALO operations.

5. 50 Cots for Marines billeting.

6. 80MMPS parachutes.

7. 60PHOAS bailout bottles.

8. 60 PHAOS masks.

9. 60 Altimeters.

10. 50 PIEK kits.

Curriculum:

1. Advanced Infiltration (parachuting) considerations.

2. NVG parachute operations

3. NVG emergency procedures

4. Special equipment and considerations

5. Canopy control

6. HAHO Navigation

7. Terrain Considerations

Security:

1. Due to the high-risk nature of parachute operations, a secure climate controlled area with double lock capability and authorized access to only 3d Reconnaissance Para-loft personnel is required for storage of all parachutes and parachute related gear.

Place of Performance:

Southwestern Continental US.

Specific requirements:

1. Dry climate with fairly predictable weather.

2. No major air traffic routes through training area.

3. No major mountainous regions to traverse during training.

4. No significantly large bodies of water that would increase the risk to parachute operations.

Period of Performance {POP):

Base Period: 6 August 2015 – 25 August 2015

Option Period One (1): Summer time frame between July 2016 and August 2016. Exact training dates to be provided in modification to exercise the option no later than 90 days prior to start of training.

Option Period two (2): Summer time frame between July 2017 and August 2017. Exact training dates to be provided in modification to exercise the option no later than 90 days prior to start of training.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

05-AUG-2016

05-AUG-2016

05-AUG-2016

05-AUG-2017

05-AUG-2017

05-AUG-2017

05-AUG-2018

05-AUG-2018

05-AUG-2018

CLAUSES INCORPORATED BY REFERENCE

252.209-7998 252.203-7998 Prohibition on Contracting with Entities that Require Certain internal Confidentiality Agreements

Representation (DEVIATION 2015-O0010) (FEB 2015)

252.203-7999 252.203-7999 Prohibitation on Contracting with Entities that Require Certain Internal Confidentiality

Agreements (DEVIATION 2015-O0010) (FEB 2015)

CLAUSES INCORPORATED BY FULL TEXT

52.204-2 SECURITY REQUIREMENTS (AUG 1996)

(a) This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."

(b) The Contractor shall comply with (1) the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M); and (2) any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 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 appeal rights.

(ii) 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. Sec. 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. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. 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 appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.212-2 – Evaluation – Commercial Items

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:

1) Technical Approach Subfactor (a): Task Understanding

Subfactor (b): Qualifications/Certifications/Experience

2) Past Performance

Subfactor (a): Quality of Service, Subfactor (b): Timely Performance, Subfactor (c): Business Relations, Subfactor (d): Management Effectiveness, Subfactor (e): Compliance with Environmental, Safety, Health and Security

Requirements, Subfactor (f): Offeror’s Contractual Considerations

3) Price

For the non-price factors (Technical Approach and Past Performance), Technical Approach is more important than Past Performance. Of the two Technical Approach subfactors: (a) Task Understanding and (b) Qualifications/Certifications/ Experience, (a) is more important than Subfactor (b). The six Past Performance subfactors are of equal importance. The non-price factors combined are more important than Price. Offerors must receive a combined overall rating of “Acceptable” or higher for the non-price factors of Technical and Past Performance to be considered for award.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2014)

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 accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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 Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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 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 (p) 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 ORCA.]

(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.

Note to paragraphs (c)(8) and (9): 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.

(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.