M67400-17-T-0006.docx

M67400-17-T-0006

Section SF 1449 - CONTINUATION SHEET

TRAINING

FFP

The contractor shall provide training as defined in Performance Work Statement (PWS).

FOB: Destination

NET AMT

TRAINING SUPPORT

The Contractor shall provide classroom space and accommodations as defined in Performance Work Statement (PWS).

NET AMT

AIRCRAFT BLADE HOURS

Total of 65 blade hours as defined in the Performance Work Statement (PWS).

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

Addendum to FAR 52.212-1 – INSTRUCTIONS TO OFFERORS

SUBMISSION OF QUOTE

1. Requirements of the quote:

This is a small busineess set-aside action limited to qualifying entities per FAR part 19. Non-U.S. business concerns of any size are not qualifying entities. The NAICS code is 611699, and the small business size standard is $11,000,000.00.

PLEASE NOTE FAILURE TO SUBMIT ANY OF THE INFORMATION REQUIRED BY THIS SECTION MAY RESULT IN A NON-RESPONSIVE DETERMINATION:

(X) SF1449 (Solicitation M67400-17-T-0006) completed (including all unit and extended price quotes).

(X) SF30 Amendment (s) (if applicable) signed.

(X) One copy of quoter’s current audited Balance Sheet and Income Statement.

(X) Two (2) additional separate volumes:

Volume I – (Technical & Past Performance Information): Offerors shall submit one (1) original copy and one (1) redacted version (The redacted version is used during the technical evaluation and therefore; it should be without company logo, identifying marks and names must be redacted. 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.).

Technical Approach:

1). Task Understanding The Offeror shall provide the methodology and detail as to how the Offeror intends to perform the tasks as specified in the Performance Work Statement(PWS). In particular, the Offeror shall provide specific details of how the Offeror will fulfill all the required tasks of the PWS.

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.

Past Performance Information:

Offerors shall submit Attachment 1 with a mximmum of five past performance references for similar services. Due to the nature and safety issues to these services, Offerors with no past experience in providing services similar to this will be rated as unacceptable for past performance and ineligible for award.

Volume II- Quoter’s Representations and Certifications

· Quote shall contain a validation that System for Award Management (SAM) registration Online Representations and Certifications Application (ORCA) information is up to date and includes all the necessary representations and certifications.

· 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. Quoters 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, quoters are affirming that they are registered and current in the SAM database.

2. Format of the quote

Quoters shall prepare and submit quotes as set forth in Table 1. The titles and contents of each volume shall be within the required page limits (including all attachments, figures, etc.) and with the number of copies specified in the table. An electronic copy of all documents (technical, past performance information list and price) shall be submitted. Quotes shall be prepared using “Arial” or “Times New Roman” 11-point or larger font style on 8½ x 11 inch. Tables and illustrations may use a reduced font style, not less than 8 point. Margins shall be one (1) inch on all sides. All material submitted may be single-spaced. Quoters should ensure that each page provides identification of the submitting Quoter in the header or footer.

Table 1 – Required Format for RFQ

3. Correspondence

Any and all communications/questions pertaining to this solicitation (with the exception of the quote itself) must be submitted in writing to the responsible Contracting Specialist, Kazuho Tamayose, no later than 7 Dec 2016 @9:00AM (Japanese Standard Time) / 6 Dec 2016 @07:00PM (U.S. Eastern Time) . If a quoter believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the quoter shall immediately notify the Contract Specialist in writing with supporting rationale. The quoter is reminded that the Government reserves the right to award this effort based on the initial quote, as received, without discussions.

Point of Contact:

Regional Contracting Office Marine Corps Installations Pacific Attn: Kazuho Tamayose PSC 557 Box 2000

FPO AP 96379-2000

Phone: 011-81-98-970-5555 (Ext. 645-4481) (from U.S.) / 098-970-5555 (Ext. 645-4481) (Local) Fax: 011-81-98-970-0969 (from U.S) / 098-970-0969 (Local) E-mail: kazuho.tamayose.ja@usmc.mil

4. Submission method and considerations.

The solicitation must be returned to the address listed above at the date and time specified in SF1449 block #8, page #1. Quotes may be submitted by courier, or facsimile. The Government reserves the right to make award solely on the quotes received, or enter into “discussions.” Quoters bear the burden of ensuring that quotes (and any authorized modifications) reach the designated office on time and should allow a reasonable time for facsimile transmissions to be completed.

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

Due to Government computer firewall security, any e-mail(s) with "zip" files will be automatically rejected. Any e-mails with large volume of attachments might be rejected. Quoters may submit their quotes via several e-mails. In that case, quoters shall specify the number of e-mails and attachments. It is the quoter’s responsibility to ensure that the Contracting Office receives all required documents. After submitting quote(s), it is the quoter’s responsibility to receive acknowledgment from the Government.

All pages of the submission must reach the Contracting Office before the deadline specified on the solicitation. Pages of e-mail transmission that arrive in the office after the specified deadline will be marked as late. Quoters shall bear the risk of non-receipt of e-mail transmissions and should confirm by telephone or e-mail that the quote was received. Any e-mail transmission shall clearly state the solicitation number and the name of the Contract Specialist on the first page, to ensure proper receipt and preparation.

Other electronic methods of submission (such as web, grid, and cloud distributed system) will not be accepted unless approved by the Government 24 hours prior to the due date of the solicitation.

All pages must reach the office before the deadline specified on the solicitation. Pages of a facsimile transmission that arrive in the office after the specified deadline will be marked as late. The quoter bears the risk of non-receipt of facsimile transmissions and should confirm by telephone that any 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.

System for Award Management (SAM) Additional Information. All DoD Contractors are 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. Quoters 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.

Quoters shall ensure that all correspondence that is addressed to the United States Government is submitted in English or with an English translation.

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

5. Period of pricing availability.

The quoter agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation.

CLASSIFICATION

EVALUATION

1. This is a commercial item requirement, using Simplified Acquisition Procedures under FAR part 12 and 13, respectively. Evaluation will be conducted in accordance with FAR 13.106-2. The Government intends to issue an award resulting from this solicitation to the responsible contractor whose quote, conforming to the solicitation is to determined to be lowest price technically acceptable with acceptable past performance. The following shall be used to evaluate offers:

Each item will be evaluated as acceptable/unacceptable. An unacceptable rating for any item will result in duqualification for award. Due to the nature and safety issues to these services, Offerors with no past experience in providing services similar to this will be rated as unacceptable for past performance and ineligible for award.

SATEMENT OF WORK

STATEMENT OF WORK

Introduction Marines of 3d Reconnaissance Battalion, 3D MARDIV, III MEF will be conducting parachute operations, conduct qualification training for Double Bag Static Line (DBSL) to utilize the Multi Mission Parachute System (MMPS) by USMC Mobile Training Team instructors, 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 Battalion to execute tactical infiltrations, under the cover of darkness, in support of deep reconnaissance missions. Uncertainty exists regarding near peer threats in the PACOM AOR require that our Reconnaissance Marines have the capability to insert in a non-permissive environment. Enemy 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. Reconnaissance teams that are compromised 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 Battalion Reconnaissance Marines of 3D MARDIV, III MEF, will dramatically enhance our capability to fulfill mission requirements and support crisis response capabilities for the III Marine Expeditionary Force.

Objectives

1. Provide a period of instruction on advanced parachuting operations (per NAVMC 3500.55B and TM 70244A-OI/A), enabling the Marines to utilize night vision devices and multiple gear configurations (approved by HQMC) in order to safely insert Reconnaissance teams to an unknown drop zone.

2. Provide 4 certified instructors to lead practical application. The certified instructors need to be DoD Military Free Fall certified and capable of conducting video recording operations during High Altitude High Opening Operations. One instructor will be paired with one 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.

3. Provide a DOD approved commercial platform that is capable of deploying military parachutist in a Static Line Configuration, at an altitude not to exceed 25,000ft MSL. According to NAVMC 3500.55B the approved aircraft are: UH-1, UH-60, CH-47, CH-53, MV-22, C2A, CASA, or C-130. This aircraft must be capable of supporting a rear ramp exit loaded with 10 combat equipped Marines and 2 Free Fall Jump Masters. The Battalion will require 65 hours of blade time to conduct this training.

4. Provide training spaces/ training areas capable of accommodating 32 Students and enablers during practical application for 55 total Marines and Sailors from 3d Reconnaissance Battalion 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, 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) 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 65 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 for a period of 28 days.

5. The Contractor shall provide parachute packing space.

6. The Contractor will provide climate controlled classroom spaces available for formal and informal instruction. This classroom will contain seating and desk space for 32 students as well as an appropriate surface (screen or smooth wall surface) to project Power Points presentation on. Additionally, the room will have an accessible chalk board or dry erase board. Space must also be available for a separate catering company/restaurant to set up and serve a dinner meal to 55 Marines.

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

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

9. The Contractor shall provide and coordinate medical support in the form of air medevac capabilities. The minimum is that the contractor be capable of coordinating Medivac support through local Emergency Medical Systems (EMS) like "911" to include life flight for urgent and/or priority casualties.

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

11. The Contractor shall provide initial coordination of air evacuation of casualty. Initial coordination falls in line with the minimum requirements for MEDEVAC support, so they need to be able to activate the EMS to allow USMC medical support to process any injured Marines or Sailors.

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

13. Subject matter expertise (SME) in the form of 4 Advanced Tactical Infiltration Course level instructors. This qualification is the Advanced Tactical infiltration Course (ATIC).

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

15. Table 1

HAHO/HALO)

Exit Altitude Mimimum/Maximum feet AGL Notes

Category III certified

*TORDS progression

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. 80MMPS parachutes.

6. 60PHOAS bailout bottles.

7. 60 PHAOS masks.

8. 60 Altimeters.

9. 32 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.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

04-MAR-2017

SEE SCHEDULE

FPO AP

M13011

04-MAR-2017

M13011

04-MAR-2017

M13011

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2016) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (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 (r) 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.

“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 posted on the SAMwebsite.

(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 representation 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 (q) 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…