Solicitation_M67861-17-T-0005_-_F-5_BIG_IP_Hardware_and_Maintenance_Support.docx

M67861-17-T-0005

Section SF 1449 - CONTINUATION SHEET

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

FFP

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-BIG-LTM-6900-8G-R f5-htjy-scrp. Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

MILSTRIP: M0009417RC00015

PURCHASE REQUEST NUMBER: M0009417RC00015

NET AMT

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-ADD-BIGAPM-6900B f5-htjy-scrp. Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-ADD-BIGASM-6900B f5-htjy-scrp. Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-BIG-LTM-6900-F-R f5-witt-gzpb. Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-ADD-BIGASM-6900B f5-witt-gzpb. Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-ADD-BIGAPM-6900B f5-witt-gzpb. Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-BIG-LTM-6900-F-R f5-rdcn-giby.Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-ADD-BIGASM-6900B f5-rdcn-giby. Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-ADD-BIGAPM-6900B f5-rdcn-giby. Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-BIG-LTM-6900-F-R f5-nygj-usdy.Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-ADD-BIGAPM-6900B f5-nygj-usdy. Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-ADD-BIG-ASM f5-nygj-usdy. Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-BIG-LTM-6900-F-R f5-ptfy-kkus. Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-ADD-BIG-ASM f5-ptfy-kkus. Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

BIG-IP SERVICE: PREMIUM, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-PRE-L1-3 BIG-IP SERVICE: PREMIUM, (LEVEL 1-3) F5-ADD-BIGAPM-6900B f5-ptfy-kkus. Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

BIG-IP SERVICE: STANDARD, (LEVEL 1-3)

BRAND NAME OR EQUAL - F5-SVC-BIG-STD-L1-3 BIG-IP SERVICE: STANDARD, (LEVEL 1-3) F5-BIG-LTM-6900-8G-R f5-csdn-ratp. Service POP: 12/6/2016 - 12/5/2017.

FOB: Destination

NET AMT

INSTRUCTIONS TO OFFERORS

1 Synopsis: This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued.

2 Brand Name or Equal Product: This is a Competitive Brand Name or Equal solicitation under FAR Part 12 using FAR Part 13 procedures for a firm-fixed price contract for the purchase of F-5 BIG IP Services.

7 Market Research: Market research conducted via World Wide Web (WWW) and GSA Advantage revealed that there is not a reasonable expectation of obtaining two or more offers from small business concerns. FAR Part 19.502-2 (a) Each acquisition of supplies or services that has an anticipated dollar value exceeding $3,000 but not over $150,000 is automatically reserved exclusively for small business concerns and shall be set aside for small business unless the contracting officer determines there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery. Marine Forces Reserve Small Business Program Deputy Director concurs with this action.

QUOTATION INSTRUCTIONS

8Quotations/bids may be submitted via email only to Brenlie.Wilson@usmc.mil and copy Shelley.Mentzos@usmc.mil.

9All responsible sources may submit a quotation which, if received in a timely manner, shall be considered by the agency.

10 Award will be made to the lowest-priced technically acceptable (LPTA) offer. The Technical Evaluation Template that will be used to evaluate the LPTA bid is incorporated herein for Contractor awareness only. See FAR 52.212-2 herein for technical evaluation procedures.

11 The Government will accept Open Market offers, GSA offers, or SEWP offers.

12 The Government will consider brand name or equal bids. Descriptive literature/brochures and proof software/hardware authorized to operate on USMC-N00027-NGEN-U Network required with all quotes bidding equal.

13 Method of Invoicing/Payment: Wide Area Workflow (WAWF) DFARS 252.232-7006 WAWF Instructions.

14 Any direct customer contact by Bidders is not authorized during the solicitation phase or your bid may be at risk of being eliminated from consideration for this solicitation.

15 NO PHONE CALLS will be accepted regarding this solicitation. ALL QUESTIONS shall be sent in writing via email to Brenlie.Wilson@usmc.mil and copy Shelley.Mentzos@usmc.mil.

17 The Contracting Officer may review Past Performance Information Retrieval System (PPIRS) for responsibility determination purposes.

18 The Government reserves the right to make award solely on initial quotes received on an all or none award basis.

19 Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation.

INSTRUCTIONS TO BE CONSIDERED RESPONSIVE TO THIS SOLICITATION

20 Bidders should include and comply with all remaining numbered instructions to Offerors:

21 CAGE code 22 DUNS number 23 Address 24 Point of contact 25 Delivery lead time after receipt of order for supplies and period of performance for services if different than listed in the solicitation document. List by line item if the delivery lead time differs from one line item to another. This shall be visible on the face of the quote and not incorporated as a link or other attachment.

26 Prompt payment/discount terms (if offered). This will not be used to evaluate offers.

27 Contract number and expiration date shall be included if bidding under a GSA, SEWP or other contract. This shall be listed per line item unless the contract vehicle is applicable to all line items.

28 Manufacturer Part Number and Contractor Part Number (if different).

29 Supply product descriptive literature or certification statement that the proposed product or service meets all salient characteristics listed in this solicitation and the Technical Evaluation Template provided with the solicitation.

33 Brand Name or Equal Bids: All responses to this solicitation shall indicate whether the firm is offering a ‘brand name manufacturer's products’ or ‘equal products.’ Descriptive literature is required with all quotes. Firms should submit sufficient descriptive literature to permit the contracting agency to assess whether the product proposed meets all the salient characteristics specified in the solicitation in accordance to the Lowest Priced Technically Acceptable Template included/attached to this solicitation. Firms offering "equal" items should provide the make, model, description of the items, proof software/hardware authorized to operate on USMC-N00027-NGEN-U Network, and product literature/brochures. This agency will not be responsible for locating or obtaining any information not included on the face of the offer or a hardcopy attachment to the offer in a response to this solicitation.

43 Service Contract Labor Standards - Bidders shall provide self-certification in 52.212-3(K)(1) or (2) certifying whether this solicitation is exempt from the Service Contract Labor Standards. This clause is included in this solicitation and can also be found at http://farsite.hill.af.mil/vffar.htm.

44 Representationof f Use Of Cloud Computing – Bidders shall complete 252.239-7009 certifying whether cloud computing will be used in the performance of this contract. This clause is included in this solicitation and can also be found at http://farsite.hill.af.mil/vffar.htm.

SECTION 508 COMPLIANCE

1. Section 508 Program Need

Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) are determined NOT to be relevant for the following program need: "BIG F-5 IP Hardware Renewal"

Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) do not apply based on the claim of the following exception founded in Federal Acquisition Regulation (FAR) 39.204:

- Section 508 back office exception based on 1194.3(f)b. Justification for this claim is documented by the following: "Hardware support and maintenance renewal for F-5 BIG IP."

TECHNICAL EVALUATION TEMPLATE

TECHNICAL EVALUATION WORKSHEET FOR LOWEST PRICE TECHNICALLY ACCEPTABILITY DETERMINATION (v8.19.2015)

TECHNICAL ACCEPTABILITY SECTION 1: TBD

Not Technically Acceptable

Vendor shall provide predictive, preventative and corrective maintenance at the service level agreements (SLA), Premium support 24 x7.

Vendor must be an authorized reseller of F5 Networks support throughout the period of performance.

Vendor must be capable of providing F5 Network Standard iRules Support for iRules Scripting Language Assistance.

Vendor must be capable of providing F5 Network Standard iRules support for basic syntactical review with an active Standard Support Maintenance Contract.

Vendor must be capable of providing direct F5 Network Self-Service Resources provided by the AskF5 Knowledge Base and the F5 DevCentral online community.

Vendor must provide USMC Customer direct access to the AskF5 website for software downloads, licensing tools, product guides, release notes, solutions to known issues, how-to information, USMC Customer can register/sign up to receive security email alerts and product-specific RSS feeds from F5 Network.

Vendor must be capable of providing USMC Customer with direct access/join the F5 DevCentral online developer community to learn, gather, collaborate, and/or share innovations, to include data on items such as code samples, new techniques, tips, etc.

Vendor must provide USMC Customer with 24-hour Technical Support directly to F5 via telephone.

Vendor must provide USMC Customer with Product Information, Updates, and Technical Support through F5 web-site.

Vendor must provide USMC Customer with a product knowledge base via access through F5 Web-site.

Vendor must provide USMC Customer with E-mail notification to USMC Point of Contact (POC) of all F5 software and hardware updates.

Vendor must provide Full replacement of hardware if any product or component fails during the term of USMC Customer’s support agreement at no cost to the customer.

Technician must be escorted at equipment location(s).

A clearance is required for vendor technician providing on-site work for repairs and parts replacement.

Vendor must allow USMC Customer to create/submit new support cases, receive an automated case number, read case details and updates, and upload troubleshooting attachments directly on F5 Web-site.

Vendor must provide Advance RMA Replacement.

Vendor must provide USMC Customer with response within 1 hour to site down or site-at-risk support calls.

SALIENT CHARACTERISTICS

F5 Network Hardware Support Salient Characteristics -Vendor shall provide predictive, preventative and corrective maintenance at the service level agreements (SLA), Premium support 24 x7.

-Vendor must be an authorized reseller of F5 Networks support throughout the period of performance.

-Vendor must be capable of providing F5 Network Standard iRules Support for iRules Scripting Language Assistance.

-Vendor must be capable of providing F5 Network Standard iRules support for basic syntactical review with an active Standard Support Maintenance Contract.

-Vendor must be capable of providing direct F5 Network Self-Service Resources provided by the AskF5 Knowledge Base and the F5 DevCentral online community.

-Vendor must provide USMC Customer direct access to the AskF5 website for software downloads, licensing tools, product guides, release notes, solutions to known issues, how-to information, USMC Customer can register/sign up to receive security email alerts and product-specific RSS feeds from F5 Network.

-Vendor must be capable of providing USMC Customer with direct access/join the F5 DevCentral online developer community to learn, gather, collaborate, and/or share innovations, to include data on items such as code samples, new techniques, tips, etc.

-Vendor must provide USMC Customer with 24-hour Technical Support directly to F5 via telephone.

-Vendor must provide USMC Customer with Product Information, Updates, and Technical Support through F5 web-site.

-Vendor must provide USMC Customer with a product knowledge base via access through F5 Web-site.

-Vendor must provide USMC Customer with E-mail notification to USMC Point of Contact (POC) of all F5 software and hardware updates.

-Vendor must provide Full replacement of hardware if any product or component fails during the term of USMC Customer’s support agreement at no cost to the customer.

-Technician must be escorted at equipment location(s).

-A clearance is required for vendor technician providing on-site work for repairs and parts replacement.

-Vendor must allow USMC Customer to create/submit new support cases, receive an automated case number, read case details and updates, and upload troubleshooting attachments directly on F5 Web-site.

-Vendor must provide Advance RMA Replacement.

-Vendor must provide USMC Customer with response within 1 hour to site down or site-at-risk support calls.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

SHAWN RAPP

135 N. PENNSYLVANIA ST

ROOM 2209

INDIANAPOLIS IN 46204

317-200-3467 FOB: Destination M00094

M00094

M00094

M00094

M00094

M00094

M00094

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CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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:

BASIS FOR AWARD - Lowest Price Technically Acceptable (LPTA) - Offers will be ranked lowest to highest according to price. The lowest price offer will be forwarded to the requiring activity for technical evaluation (offer will be deemed either technically acceptable or technically unacceptable). If the lowest price offer is found technically acceptable and its price is determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price offer. If the lowest price offer is determined technically unacceptable, the next lowest price offer will be sent for technical evaluation and price analysis. This process is repeated in order of price until an offer is deemed technically acceptable and price is determined fair and reasonable. The actual evaluation template is incorporated into this solicitation for reference. The actual evaluation template is incorporated into this solicitation for reference.

(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 (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 establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

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

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

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

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