N0016721Q0203 Mastercam Mills 3D License CSS.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with

Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation that Naval Surface

Warfare Center Carderock Division (NSWCCD) intends to issue, and is a Request for Quotes

(RFQ) for the following Supplies and/or Services.

This procurement is for Mastercam Mill Essentials, Mastercam multi-axis, A-Plus for

Mastercam, posts for Mastercam that are compatible with the 3-axis and 5-axis DMS

2Cubed systems, 1 year of Maintenance Support for all licenses, and training for Mill 3D and A-plus for eight people. Options for a Mill 5-axis training and four option years of software maintenance are also requested.

This RFQ incorporates all provisions and clauses in effect through Federal Acquisition Circular

FAC 2021-05 effective 03/10/2021 located on https://www.acquisition.gov/?q=browsefar and the Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20210224 effective

2/24/2021 located at https://www.acq.osd.mil/dpap/dars/change_notices.html SEE

ATTACHED SOLICITATION FOR CLAUSES AND PROVISIONS. The NAICS code is

334614 and the associated PSC code is 7A20, and the Small Business Standard is 1,250 for this procurement: NOTE: A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.

This procurement IS being set-aside for small business.

Interested parties may identify their interest to this requirement by submitting a quote and/or capabilities statement no later than 10:00 AM on 02 August 2021. It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ. All responses shall include price(s) per CLIN, FOB Destination point, Cage Code/DUN Number, a point of contact, name and phone number, GSA contract number (if applicable), business size, and payment terms. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.

Responses to this notice are due no later than 10:00 AM ET on 02 August 2021 to christopher.c.rolinc@navy.mil

Point of Contact for this notice is Chris Rolince, 757-513-8285, christopher.c.rolinc@navy.mil.

https://www.acquisition.gov/?q=browsefar https://www.acq.osd.mil/dpap/dars/change_notices.html mailto:christopher.c.rolinc@navy.mil mailto:christopher.c.rolinc@navy.mil

N0016721Q0203

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each 1 Year Maintenance/Support

FFP

Subscription Service Limited: 1 Year Maintenance/Support

-NewLic#0001: Mill 3D, Multi-Axis, A-Plus, Post

-NewLic#0002: Mill 3D, A-Plus, Post

-NewLic#0003: Mill 3D, A-Plus, Post

-NewLic#0004: Mill 3D, A-Plus, Post

See Minimum Specification for more detailed information.

FOB: Destination

NSN: 7A211000000850

VENDOR PART NR: 400000065393-0030

PURCHASE REQUEST NUMBER: 1300933056

PSC CD: 7A20

NET AMT

0002 1 Lite Post Processor

FFP

Post Processor Customization: 2020 Mill 5-axis DMS 2cubed system /machine simulation – includes base post, Aplus integration, machism, no additive support.

See Minimum Specification for more detailed information.

FOB: Destination

VENDOR PART NR: 400000065393-0030

0003 1 Lite Mill 3D Training

FFP

Prepaid Training Bundle-Mill 3D: 8 students at a Cimquest facility, See Minimum

Specification for more detailed information.

VENDOR PART NR: 400000065393-0030

0004 1 Lite A-Plus Training

FFP

Dedicated A-Plus (1-day) at a Cimquest facility, See Minimum Specification for more detailed information.

FOB: Destination

VENDOR PART NR: 400000065393-0030

0005 4 Each Mastercam Mill 3D License

FFP

Mastercam Mill 3D License, See Minimum Specification for more detailed information.

FOB: Destination

NSN: 7A211000000850

VENDOR PART NR: 100001664391-0030

PURCHASE REQUEST NUMBER: 1300933051

0006 1 Each Mastercam Multi-Axis Add-on

FFP

Mastercam Multi-Axis Add-on, See Minimum Specification for more detailed information.

FOB: Destination

NSN: 7A211000000850

VENDOR PART NR: 100001664391-0030

0007 4 Each A-Plus for Mastercam

FFP

A-Plus for Mastercam, See Minimum Specification for more detailed information.

FOB: Destination

NSN: 7A211000000850

VENDOR PART NR: 100001664391-0030

0008 3 Each Post Processor Customization: 2019 Mill

FFP

Post Processor Customization: 2019 Mill 3-axis DMS 2cubed system /machine simulation – includes spin off from 5-axis, mechanism, no additive support. See

Minimum Specification for more detailed information.

NSN: 7A211000000850

VENDOR PART NR: 100001664391-0030

1001 1 Lot Prepaid Training Bundle

FFP

Mill 5-axis: 4 students at a Cimquest facility... See Minimum Specification for more detailed information.

1002 4 Lot Mastercam Mill 3D License

FFP

Mastercam Mill 3D License, FY 22 Subscription Service Limited: Reference

CLIN 0005... See Minimum Specification for more detailed information.

1003 1 Each Mastercam multi-axis add-on

FFP

FY 22 Subscription Service Limited: Mastercam multi-axis add-on, Reference

CLIN 0006... See Minimum Specification for more detailed information.

1004 4 Each A-Plus for Mastercam

FFP

FY 22 Subscription Service Limited: A-Plus for Mastercam, Reference CLIN

0007... See Minimum Specification for more detailed information.

2001 4 Each Mastercam Mill 3D License

FFP

FY 23 Subscription Service Limited: Mastercam Mill 3D License, Reference CLIN

0005... See Minimum Specification for more detailed information.

2002 1 Each Mastercam multi-axis add-on

FFP

FY 23 Subscription Service Limited: Mastercam multi-axis add-on, Reference

CLIN 0006... See Minimum Specification for more detailed information.

2003 4 Each A-Plus for Mastercam

FFP

FY 23 Subscription Service Limited: A-Plus for Mastercam, Reference CLIN

0007... See Minimum Specification for more detailed information.

3001 4 Each Mastercam Mill 3D License

FFP

FY 24 Subscription Service Limited: Mastercam Mill 3D License, Reference CLIN

0005.... See Minimum Specification for more detailed information.

3002 1 Each Mastercam multi-axis add-on

FFP

FY 24 Subscription Service Limited: Mastercam multi-axis add-on, Reference

CLIN 0006.. See Minimum Specification for more detailed information.

3003 4 Each A-Plus for Mastercam

FFP

FY 24 Subscription Service Limited: A-Plus for Mastercam, Reference CLIN

0007.. See Minimum Specification for more detailed information.

4001 4 Each Mastercam Mill 3D License

FFP

FY 25 Subscription Service Limited: Mastercam Mill 3D License, Reference

CLIN 0005..See Minimum Specification for more detailed information.

4002 1 Each Mastercam multi-axis add-on

FFP

FY 25 Subscription Service Limited: Mastercam multi-axis add-on, Reference

CLIN 0006..See Minimum Specification for more detailed information.

4003 4 Each A-Plus for Mastercam

FFP

FY 25 Subscription Service Limited: A-Plus for Mastercam, Reference CLIN

0007..See Minimum Specification for more detailed information.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 14-AUG-2021 TO

14-AUG-2022

N/A NAVAL SURFACE WARFARE CENTER

CARDEROCK

JACOB ALJUNDI

NSWCCD

9500 MACARTHUR BLVD

WEST BETHESDA MD 20817-5700

301-227-5083

N00167

0002 30-SEP-2021 1 (SAME AS PREVIOUS LOCATION)

0003 POP 14-AUG-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 14-AUG-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 30-SEP-2021 4 (SAME AS PREVIOUS LOCATION)

0006 30-SEP-2021 1 (SAME AS PREVIOUS LOCATION)

0007 30-SEP-2021 4 (SAME AS PREVIOUS LOCATION)

0008 30-SEP-2021 3 (SAME AS PREVIOUS LOCATION)

1001 POP 14-AUG-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 14-AUG-2021 TO

13-AUG-2022

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 14-AUG-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 14-AUG-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 14-AUG-2022 TO

13-AUG-2023

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 14-AUG-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 14-AUG-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 14-AUG-2023 TO

13-AUG-2024

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 14-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 14-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 14-AUG-2024 TO

13-AUG-2025

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 14-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 14-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

MINIMUM SPECIFICATIONS

Minimum Specifications Title: Mastercam Software Suite

Scope

Naval Surface Warfare Center, Carderock Division (NSWCCD) Code 618 is looking to utilize hybrid Computer-aided manufacturing software for use on an existing hybrid metal additive manufacturing system at Carderock. Mastercam is widely used by machinist sailors across the

Navy. In order to minimize costs associated with learning another CAM package, the Mastercam

A-plus additive add-on and the requisite Mastercam software packages are being solicited for purchase. This procurement is for Mastercam Mill Essentials, Mastercam multi-axis, A-Plus for

Mastercam, posts for Mastercam that are compatible with the 3-axis and 5-axis DMS 2Cubed systems, 1 year of Maintenance Support for all licenses, and training for Mill 3D and A-plus for eight people. Options for a Mill 5-axis training and four option years of software maintenance are also requested.

General Requirements

The vendor shall provide the following:

CLIN Description Quantity

0001 Subscription Service Limited: 1 Year Maintenance/Support

-NewLic#0001: Mill 3D, Multi-Axis, A-Plus, Post

-NewLic#0002: Mill 3D, A-Plus, Post

-NewLic#0003: Mill 3D, A-Plus, Post

-NewLic#0004: Mill 3D, A-Plus, Post

0002 Post Processor Customization: 2020 Mill

5-axis DMS 2cubed system w/machine simulation – includes base post, Aplus integration, machism, no additive support

0003 Prepaid Training Bundle

-Mill 3D: 8 students at a Cimquest facility

0004 Dedicated A-Plus (1-day) at a Cimquest facility 1

0005 Mastercam Mill 3D License 4

0006 Mastercam multi-axis add-on 1

0007 A-Plus for Mastercam 4

0008 Post Processor Customization: 2019 Mill

3-axis DMS 2cubed system w/machine simulation – includes spin off from 5-axis, mechanism, no additive support

OPTIONAL REQUESTS:

CLIN Description Quantity

1001 Prepaid Training Bundle

-Mill 5-axis: 4 students at a Cimquest facility

FY 22 Subscription Service Limited:

- Mastercam Mill 3D License, Reference CLIN 0005

FY 22 Subscription Service Limited:

Mastercam multi-axis add-on, Reference CLIN 0006

FY 22 Subscription Service Limited:

A-Plus for Mastercam, Reference CLIN 0007

FY 23 Subscription Service Limited:

Mastercam Mill 3D License, Reference CLIN 0005

FY 23 Subscription Service Limited:

Mastercam multi-axis add-on, Reference CLIN 0006

FY 23 Subscription Service Limited:

A-Plus for Mastercam, Reference CLIN 0007

FY 24 Subscription Service Limited:

Mastercam Mill 3D License, Reference CLIN 0005

FY 24 Subscription Service Limited:

Mastercam multi-axis add-on, Reference CLIN 0006

FY 24 Subscription Service Limited:

A-Plus for Mastercam, Reference CLIN 0007

FY 25 Subscription Service Limited:

Mastercam Mill 3D License, Reference CLIN 0005

FY 25 Subscription Service Limited:

Mastercam multi-axis add-on, Reference CLIN 0006

FY 25 Subscription Service Limited:

A-Plus for Mastercam, Reference CLIN 0007

SECTION 3.0 Delivery

The contractor shall provide the Mastercam software licenses and associated modules identified in Section 2 electronically to the Technical Point of Contact (TPOC) identified in the contract.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-17 Ownership or Control of Offeror AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items JUN 2020

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

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-25 Affirmative Action Compliance APR 1984

52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

DEC 2016

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.243-1 Changes--Fixed Price AUG 1987

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

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020

252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JAN 2021

252.246-7008 Sources of Electronic Parts MAY 2018

252.247-7023 Transportation of Supplies by Sea FEB 2019

G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION

POINTS-OF-CONTACT AND RESPONSIBILITIES

(NAVSEA) (OCT 2018)

OCT 2018

G-242-W001 CONTRACT ADMINISTRATION FUNCTIONS

(NAVSEA) (OCT 2018)

OCT 2018

CLAUSES INCORPORATED BY FULL TEXT

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

(a) Basis for Award

The Government has determined that an award to the responsible Quoter that submits the Lowest-Priced, Technically Acceptable (LPTA) quote in response to this solicitation will represent the best value to the

Government. Quotes will be evaluated to determine the LPTA quote based on the following factors:

Factor 1 Price

Factor 2 Technical Capability

A quote must be rated "ACCEPTABLE" for each non-price factor to be eligible for award. An "UNACCEPTABLE" rating for any non-price factor will result in the entire quote being rated "UNACCEPTABLE" overall; an overall rating of "UNACCEPTABLE" makes a quote ineligible for award. A quote must contain sufficient information to enable evaluators to determine acceptability; if there is insufficient information to determine acceptability of the quote, the quote will be rated “UNACCEPTABLE” overall. Each of the evaluation factors will be rated as set forth below. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability.

The Government will evaluate the lowest priced quote for technical acceptability. If it is not acceptable, the

Government will evaluate the next lowest quote for technical acceptability, and so forth, to determine the lowest-priced, technically acceptable quote, at which point all evaluations will stop.

The Government reserves the right to request that the awardee reduce its total price, or adjust CLIN prices with no change to total price, in order to reduce administrative costs and avoid unnecessary burdens for the agency pursuant to FAR 13.002.

(b) Evaluation Factors

Factor 1: Price

Quotes must include a proposed price for each Contract Line Item Number (CLIN) (see SF 1449 Continuation Sheet provided in this RFQ, pages 3 through 10). The Government will determine prices by adding the total proposed price for all CLINS. Quotes will be ranked from lowest- to highest-priced.

Factor 2: Technical Capability

The Government will evaluate the lowest priced Quoter for acceptability of Technical Capability. If the quote is not found to be acceptable, the Government will evaluate the next lowest quote for acceptability of technical capability, and so forth, to determine the lowest-priced quote that is acceptable for Technical Capability.

Technical Capability evaluations will result in one of the following ratings:

TABLE 1 - TECHNICAL RATINGS

Rating Description

Acceptable Quote meets the minimum requirements of the solicitation.

Unacceptable Quote does not meet the minimum requirements of the solicitation.

Minimum Requirements:

The following are the minimum requirements a quote must meet to be deemed acceptable for the Technical

Capability factor:

1) The quote must meet the requirements set forth in the Minimum Specification and CLIN description, the delivery dates identified in the Delivery Information of this Solicitation, and the terms and conditions found in the solicitation.

PRICE

Quoters responding to this solicitation are advised that, prior to award, the government may request quoters to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts.

QUESTIONS: Any questions in relation to this solicitation shall be submitted to Chris Rolince by email at

Christopher.c.rolinc@navy.mil. The cut-off date for questions is 10:00 am on 23 July 2021.

(c) Contract Award

The Government shall mail or email a written notice of award to the successful quoter. Upon receipt, the quoter shall either commence performance, or have an authorized representative sign the award and return it to the

Contracting Officer; a binding contract is formed upon the earlier of either of those actions.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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

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

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

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

"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 https://www.sam.gov/

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

“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"--

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

51 percent of its stock is owned by one or more women; or

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

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

United States.

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

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

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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Opportunity clause of this solicitation, the and

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

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

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

Subparts 60-1 and 60-2), or

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

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

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

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

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

American --Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line item No. Country of origin

[List as necessary]

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

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

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

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product,"

"Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free

Trade Agreements--Israeli Trade Act."

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

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

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

End Products) or Israeli End Products:

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

Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the

United States that do not qualify as domestic end products.

Other Foreign End Products:

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line item No. Country of origin

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

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

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

Peruvian End Products) or Israeli End Products:

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

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

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

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

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

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

Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2)for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

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

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

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

Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The

Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed end product Listed countries of origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

https://www.acquisition.gov/far/current/html/Subpart%2022_15.html#wp1088086

[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United

States); or

(2) ( ___ ) Outside the United States.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United

States); or

(2) ( ___ ) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards.