N0016723Q0095 Combined Synopsis_Solicitation.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. Naval Surface Warfare Center Carderock Division (NSWCCD) intends to solicit only one source under the authority of FAR Part 13.106-1(b) the Contracting Officer has determined that circumstances of the contract action deem only one source reasonably available. The Government intends to solicit PerkinElmer for: one (1) base year and four (4) option years for an annual service visit to calibration a PerkinElmer

Lambda 950 UV/Vis Spectrophotometer and a PerkinElmer Spectrum 100 FTIR, as detailed in the attached solicitation. This solicitation is a sole source, other than full and open request justification attached). This announcement constitutes the only solicitation and a written solicitation will not be issued. Quotes are being requested under Request for Quotation (RFQ) no. N0016723Q0095. The NAICS code is 541380 and the business size standard is $16.5M.

The provisions and clauses included and/or incorporated in this solicitation document are those in effect through the Federal Acquisition Circular. This RFQ incorporates all provisions and clauses in effect through

Federal Acquisition Circular FAC 2022-02 and the Defense Federal Acquisition Regulation Supplement

(DFARS) DPN 20211130. SEE ATTACHED SOLICITATION FOR CLAUSES AND PROVISIONS.

This is a Sole Source Only solicitation; however interested parties who can provide may submit a capabilities statement no later than Tuesday, 4 April 2023 11:00 am EST. This notice of intent is NOT a request for competitive quotes. However, all responses received by Tuesday, 4 April 2023 will be considered by the

Government. A determination by the Government not to compete this proposed purchase order based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. All responses shall include price(s), FOB point, 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 on or before 11:00 am EST on Tuesday, 4 April 2023 via email at lametria.r.smith.civ@us.navy.mil

The Point of Contact for this acquisition is Lametria Smith, at lametria.r.smith.civ@us.navy.mil

AUTHORIZED FOR LOCAL

REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

BACK

Prescribed by GSA – FAR (48 CFR) 53.212 mailto:lametria.r.smith.civ@us.navy.mil mailto:lametria.r.smith.civ@us.navy.mil

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

1.0 DESCRIPTION OF SERVICES/INTRODUCTION: Perform calibration service on two separate stand-alone

Perkin Elmer material properties measurement systems (machines).

2.0 BACKGROUND: NSWCCD requires a calibration service on two PerkinElmer material property measurement systems (machines):

PerkinElmer Lambda 950 UV/Vis Spectrophotometer

PerkinElmer Spectrum 100 FTIR (Fourier-Transform Infrared Spectroscopy)

3.0 OBJECTIVE: The contractor shall conduct) on-site visit annually for 5 years to perform the following calibration services:

3.1 The contractor shall perform a calibration service on the Perkin Elmer Lambda 950 UV/Vis

Spectrophotometer.

3.1.1 The contractor shall replace the ELP UV Lamp Complete and Tungsten Halogen Lamp

Assembly in the system

3.2 The contractor shall perform a calibration service on the Perkin Elmer Spectrum 100 FTIR

Spectrometer.

3.2.1 The contractor shall replace the Purge Desiccant Kit in the system.

3.3 Options 1-4: Perform annual calibrations as requested in 3.1 through 3.2

4.0 MINIMUM SPECIFICATIONS:

4.1 One ELP UV Lamp Complete, part number L6022728

4.2 One Tungsten Halogen Lamp Assembly, part number B0114620

4.3 Three Purge Desiccant Kit (Pkg. 2), part number N0171159

4.4 Options 1-4: Provide 4.1 - 4.3 each option year

5.0 SPECIAL QUALIFICATIONS: The vendor shall provide a qualified technician that is knowledgeable of the operations, calibration and preventative maintenance required on the PerkinElmer Lambda 950 UV/Vis

Spectrophotometer and the PerkinElmer Spectrum 100 FTIR.

6.0 APPLICABLE DOCUMENTS: N/A

7.0 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY/INFORMATION: N/A

8.0 PERFORMANCE:

8.1 Period of Performance. Repairs and maintenance shall be completed NLT June 30, 2023.

8.2 Place of Performance. The place of performance shall be at Naval Surface Warfare Center Carderock

Division, 9500 MacArthur Blvd, Bethesda, Maryland 20817.

9.0 DELIVERABLES: N/A

10.0 SECURITY REQUIREMENTS: Unclassified

N0016723Q0095

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Each

Base Service Charge for PerkinElmer Lam.

FFP

Base Service Charge for PerkinElmer Lambda 950 UV/Vis Spectrophotometer

FOB: Destination

VENDOR PART NR: 100001974869-0130

PURCHASE REQUEST NUMBER: 1301069155

PSC CD: J066

NET AMT

0002 1 Lite

Fuel Surcharge for PerkinElmer Lambda950

FFP

Fuel S urcharge for PerkinElmer Lambda950

FOB: Destination

VENDOR PART NR: 100001974869-0130

1 Lite

NET AMT 0003 1

ELP UV Lamp Complete PerkinElmer Lambda

FFP

ELP UV Lamp Complete PerkinElmer Lambda

FOB: Destination

NSN: 66401017515086

VENDOR PART NR: 100001974869-0130

PSC CD: 6640

0004 1 Each

Tungsten Halogen Lamp Assembly

FFP

Tungsten Halogen Lamp Assembly for Lambda 950

FOB: Destination

NSN: 66401017515088

VENDOR PART NR: 100001974869-0130

NET AMT 0005

Base Service Charge for PerkinElmer Spec

FFP

Base Service Charge for PerkinElmer SPECTRUM100

FOB: Destination

VENDOR PART NR: 100001974869-0130

0006 1 Lite

Fuel Surcharge for PerkinElmer Spectrum

FFP

Fuel Surcharge for PerkinElmer SPECTRUM100

FOB: Destination

VENDOR PART NR: 100001974869-0130

NET AMT 0007 3

Purge Dessiccant Kit for PerkinElmer

FFP

Purge Dessiccant Kit for PerkinElmer SPECTRUM100

FOB: Destination

NSN: 66501022711669

VENDOR PART NR: 100001974869-0130

PSC CD: 6650

1001 1 Lite

OPTION Base Service Charge for PerkinElmer Lam.

FFP

Base Service Charge for PerkinElmer Lambda 950 UV/Vis Spectrophotometer

FOB: Destination

OPTION Fuel Surcharge for PerkinElmer Lambda950

Fuel Surcharge for PerkinElmer Lambda950

1003 1 Each

OPTION ELP UV Lamp Complete PerkinElmer Lambda

FFP

ELP UV Lamp Complete PerkinElmer Lambda

FOB: Destination

NSN: 66401017515086

1 Each

OPTION Tungsten Halogen Lamp Assembly

FFP

Tungsten Halogen Lamp Assembly for Lambda 950

FOB: Destination

NSN: 66401017515088

1005 1 Lite

OPTION Base Service Charge for PerkinElmer Spec

FFP

Base Service Charge for PerkinElmer SPECTRUM100

FOB: Destination

OPTION Fuel Surcharge for PerkinElmer Spectrum

Fuel Surcharge for PerkinElmer SPECTRUM100

FOB: Destination

1007 3 Each

OPTION Purge Dessiccant Kit for PerkinElmer

FFP

Purge Dessiccant Kit for PerkinElmer SPECTRUM100

FOB: Destination

NSN: 66501022711669

OPTION Base Service Charge for PerkinElmer Lam.

FFP

Base Service Charge for PerkinElmer Lambda 950 UV/Vis Spectrophotometer

FOB: Destination

2002 1 Lite

OPTION Fuel Surcharge for PerkinElmer Lambda950

FFP

Fuel S urcharge for PerkinElmer Lambda950

FOB: Destination

OPTION ELP UV Lamp Complete PerkinElmer Lambda

FFP

ELP UV Lamp Complete PerkinElmer Lambda

FOB: Destination

NSN: 66401017515086

2004 1 Each

OPTION Tungsten Halogen Lamp Assembly

FFP

Tungsten Halogen Lamp Assembly for Lambda 950

FOB: Destination

NSN: 66401017515088

NET AMT 2005

OPTION Base Service Charge for PerkinElmer Spec

Base Service Charge for PerkinElmer SPECTRUM100

FOB: Destination

2006 1 Lite

OPTION Fuel Surcharge for PerkinElmer Spectrum

FFP

Fuel Surcharge for PerkinElmer SPECTRUM100

FOB: Destination

NET AMT 2007 3

OPTION Purge Dessiccant Kit for PerkinElmer

FFP

Purge Dessiccant Kit for PerkinElmer SPECTRUM100

NSN: 66501022711669

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3001 1 Lite

OPTION Base Service Charge for PerkinElmer Lam.

Base Service Charge for PerkinElmer Lambda 950 UV/Vis Spectrophotometer

FOB: Destination

NET AMT 3002

OPTION Fuel Surcharge for PerkinElmer Lambda950

FFP

Fuel S urcharge for PerkinElmer Lambda950

FOB: Destination

3003 1 Each

OPTION ELP UV Lamp Complete PerkinElmer Lambda

FFP

ELP UV Lamp Complete PerkinElmer Lambda

FOB: Destination

NSN: 66401017515086

OPTION Tungsten Halogen Lamp Assembly

FFP

Tungsten Halogen Lamp Assembly for Lambda 950

FOB: Destination

NSN: 66401017515088

3005 1 Lite

OPTION Base Service Charge for PerkinElmer Spec

FFP

Base Service Charge for PerkinElmer SPECTRUM100

FOB: Destination

NET AMT 3006

OPTION Fuel Surcharge for PerkinElmer Spectrum

Fuel Surcharge for PerkinElmer SPECTRUM100

FOB: Destination

3007 3 Each

OPTION Purge Dessiccant Kit for PerkinElmer

FFP

Purge Dessiccant Kit for PerkinElmer SPECTRUM100

FOB: Destination

NSN: 66501022711669

NET AMT 4001 Lite

OPTION Base Service Charge for PerkinElmer Lam.

Base Service Charge for PerkinElmer Lambda 950 UV/Vis Spectrophotometer

FOB: Destination

4002 1 Lite

OPTION Fuel Surcharge for PerkinElmer Lambda950

FFP

Fuel S urcharge for PerkinElmer Lambda950

FOB: Destination

4003 Each OPTION ELP UV Lamp Complete PerkinElmer Lambda

ELP UV Lamp Complete PerkinElmer Lambda

FOB: Destination

NSN: 66401017515086

4004 1 Each

OPTION Tungsten Halogen Lamp Assembly

FFP

Tungsten Halogen Lamp Assembly for Lambda 950

FOB: Destination

NSN: 66401017515088

NET AMT 4005 Lite

OPTION Base Service Charge for PerkinElmer Spec

FFP

Base Service Charge for PerkinElmer SPECTRUM100

FOB: Destination

4006 1 Lite

OPTION Fuel Surcharge for PerkinElmer Spectrum

FFP

Fuel Surcharge for PerkinElmer SPECTRUM100

FOB: Destination

NET AMT 4007 3 Each

OPTION Purge Dessiccant Kit for PerkinElmer

FFP

Purge Dessiccant Kit for PerkinElmer SPECTRUM100

FOB: Destination

NSN: 66501022711669

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

0002 N/A N/A N/A Government

0003 N/A N/A N/A Government

0004 N/A N/A N/A Government

0005 N/A N/A N/A Government

0006 N/A N/A N/A Government

0007 N/A N/A N/A Government

1001 N/A N/A N/A Government

1002 N/A N/A N/A Government

1003 N/A N/A N/A Government

1004 N/A N/A N/A Government

1005 N/A N/A N/A Government

1006 N/A N/A N/A Government

1007 N/A N/A N/A Government

2001 N/A N/A N/A Government

2002 N/A N/A N/A Government

2003 N/A N/A N/A Government

2004 N/A N/A N/A Government

2005 N/A N/A N/A Government

2006 N/A N/A N/A Government

2007 N/A N/A N/A Government

3001 N/A N/A N/A Government

3002 N/A N/A N/A Government

3003 N/A N/A N/A Government

3004 N/A N/A N/A Government

3005 N/A N/A N/A Government

3006 N/A N/A N/A Government

3007 N/A N/A N/A Government

4001 N/A N/A N/A Government

4002 N/A N/A N/A Government

4003 N/A N/A N/A Government

4004 N/A N/A N/A Government

4005 N/A N/A N/A Government

4006 N/A N/A N/A Government

4007 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 10-APR-2023 TO N/A NAVAL SURFACE WARFARE CENTER N00167

28-JUN-2024 CARDEROCK

RECEIVING OFFICER

9500 MACARTHUR BLVD

WEST BETHESDA MD 20817-5700

0002 POP 10-APR-2023 TO N/A (SAME AS PREVIOUS LOCATION) N00167

28-JUN-2024 FOB: Destination

0003 23-APR-2023 1 (SAME AS PREVIOUS LOCATION) N00167

0004 23-APR-2023 1 (SAME AS PREVIOUS LOCATION) N00167

0005 POP 10-APR-2023 TO N/A (SAME AS PREVIOUS LOCATION) N00167

0006 POP 10-APR-2023 TO N/A (SAME AS PREVIOUS LOCATION) N00167

0007 23-APR-2023 3 (SAME AS PREVIOUS LOCATION) N00167

1001 POP 10-APR-2024 TO N/A (SAME AS PREVIOUS LOCATION) N00167

28-JUN-2025 FOB: Destination

1002 POP 10-APR-2024 TO N/A (SAME AS PREVIOUS LOCATION) N00167

1003 23-APR-2023 1 (SAME AS PREVIOUS LOCATION) N00167

1004 23-APR-2023 1 (SAME AS PREVIOUS LOCATION) N00167

1005 POP 10-APR-2024 TO N/A (SAME AS PREVIOUS LOCATION) N00167

1006 POP 10-APR-2024 TO N/A (SAME AS PREVIOUS LOCATION) N00167

1007 23-APR-2023 3 (SAME AS PREVIOUS LOCATION) N00167

2001 POP 10-APR-2025 TO N/A (SAME AS PREVIOUS LOCATION) N00167

28-JUN-2026 FOB: Destination

2002 POP 10-APR-2025 TO N/A (SAME AS PREVIOUS LOCATION) N00167

2003 23-APR-2023 1 (SAME AS PREVIOUS LOCATION) N00167

2004 23-APR-2023 1 (SAME AS PREVIOUS LOCATION) N00167

2005 POP 10-APR-2025 TO N/A (SAME AS PREVIOUS LOCATION) N00167

2006 POP 10-APR-2025 TO N/A (SAME AS PREVIOUS LOCATION) N00167

2007 23-APR-2023 3 (SAME AS PREVIOUS LOCATION) N00167

3001 POP 10-APR-2026 TO N/A (SAME AS PREVIOUS LOCATION) N00167

28-JUN-2027 FOB: Destination

3002 POP 10-APR-2026 TO N/A (SAME AS PREVIOUS LOCATION) N00167

3003 23-APR-2023 1 (SAME AS PREVIOUS LOCATION) N00167

3004 23-APR-2023 1 (SAME AS PREVIOUS LOCATION) N00167

3005 POP 10-APR-2026 TO N/A (SAME AS PREVIOUS LOCATION) N00167

3006 POP 10-APR-2026 TO N/A (SAME AS PREVIOUS LOCATION) N00167

3007 23-APR-2023 3 (SAME AS PREVIOUS LOCATION) N00167

4001 POP 10-APR-2027 TO N/A (SAME AS PREVIOUS LOCATION) N00167

28-JUN-2028 FOB: Destination

4002 POP 10-APR-2027 TO N/A (SAME AS PREVIOUS LOCATION) N00167

4003 23-APR-2023 1 (SAME AS PREVIOUS LOCATION) N00167

4004 23-APR-2023 1 (SAME AS PREVIOUS LOCATION) N00167

4005 POP 10-APR-2027 TO N/A (SAME AS PREVIOUS LOCATION) N00167

4006 POP 10-APR-2027 TO N/A (SAME AS PREVIOUS LOCATION) N00167

4007 23-APR-2023 3 (SAME AS PREVIOUS LOCATION) N00167

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To SEP 2007

Influence Certain Federal Transactions

52.203-12 Limitation On Payments To Influence Certain Federal JUN 2020

Transactions

52.203-18 Prohibition on Contracting With Entities That Require Certain JAN 2017

Internal Confidentiality Agreements or Statements-Representation

52.203-19 Prohibition on Requiring Certain Internal Confidentiality JAN 2017

Agreements or Statements

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

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and DEC 2014

Certifications.

52.204-20 Predecessor of Offeror AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-25 Prohibition on Contracting for Certain Telecommunications NOV 2021 and Video Surveillance Services or Equipment

52.209-6 Protecting the Government's Interest When Subcontracting NOV 2021

With Contractors Debarred, Suspended, or Proposed for

Debarment

52.211-14 Notice Of Priority Rating For National Defense, Emergency APR 2008

Preparedness, and Energy Program Use

52.211-15 Defense Priority And Allocation Requirements APR 2008

52.212-1 Instructions to Offerors--Commercial Products and MAR 2023

Commercial Services

52.212-3 Offeror Representations and Certifications--Commercial DEC 2022 Products and Commercial

Services

52.212-4 Contract Terms and Conditions--Commercial Products and DEC 2022

Commercial Services

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business MAR 2023

Subcontractors

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

252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011

Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-

7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber JAN 2023

Incident Reporting

252.204-7015 Notice of Authorized Disclosure of Information for Litigation JAN 2023

Support

252.204-7018 Prohibition on the Acquisition of Covered Defense JAN 2023 Telecommunications Equipment or

Services

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By MAY 2019

The Government of a Country that is a State Sponsor of

Terrorism

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014

Hazardous Materials

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-

7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018

Reports

252.232-7010 Levies on Contract Payments DEC 2006 252.239-7018 Supply Chain Risk

DEC 2022

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Products or Commercial JAN 2023

Services

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

"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 serviceconnected, 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 its field of operation, 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 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR

127.300.

(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

Representations and Certifications--Commercial Products and Commercial Services, 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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR

121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(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--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and

(2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each servicedisabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(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 womenowned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a womenowned 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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and

SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR

126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(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 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

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 and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical 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:

Line Item No. Country of origin

Exceeds 55% domestic content

(yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

(4) 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 and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available offthe-shelf (COTS) item,'' "critical 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, 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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

Other Foreign End Products:

Exceeds 55% domestic content

(yes/no)

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see

FAR 25.105).

Line Item No.

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

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. 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 Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Israeli End Products:

Line Item No.

(3) 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:

(4) 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;

(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 appeal 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.

[ ___ ] (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.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

[ ___ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ___ ) does ( ___ ) does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see

FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

[ ___ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ___ ) does ( ___ ) does not certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than

20 percent of available hours during the contract period if the contract period is less than a month) servicing the

Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the

Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph

(k)(3)(i) of this clause.

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to SAM to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

( ___ ) TIN: --------------------.

( ___ ) TIN has been applied for.

( ___ ) TIN is not required because:

( ___ ) Offeror…