N0018918Q0519.docx

N0018918Q0519

Section SF 1449 - CONTINUATION SHEET

SAFE FOR DISPLAY AIRCRACT SERVICES

FFP

IAW ATTACHMENT 1 - PRICING SPREADSHEET

CONTRACTOR SHALL FURNISH ALL TOOLS, SUPPORT EQUIPMENT, LABOR AND MATERIALS REQUIRED TO INSPECT AND MAKE AIRCRACTS SAFE FOR DISPLAY IN THE SOUTH EAST REGION FOB: Destination

MILSTRIP: N6315118RC00135

PURCHASE REQUEST NUMBER: N6315118RC00135

SIGNAL CODE: J

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

19-SEP-2019

SEE SCHEDULE

SEE SCHEDULE FOR

VARIOUS LOCATIONS

NORFOLK VA REQUESTING OFFICE

SEE SCHEDULE FOR POC DETAILS

FOB: Destination N91732

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

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

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

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

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

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

(b) The Offeror represents that--

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

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

ADDENDUM TO 52.212.1

Interested vendors may send a quotation by the specified closing date and time to the Navy in the following ways:

QUESTIONS: In order to ensure that all questions submitted by potential quoters are answered prior to the RFQ closing date, all questions concerning the RFQ should be submitted via e-mail to the contracting point of contact Courtney Olszak at courtney.olszak@navy.mil no later than 07 September 2018 at 1100 EST.

The Government reserves the right not to respond to any questions received concerning this RFQ after the due date for questions listed above. Accordingly, quoters are encouraged to carefully review all RFQ requirements and submit questions to the Government as soon as possible in the RFQ timeframe.

INSTRUCTIONS TO QUOTERS

I. GENERAL

In addition to any other instructions contained elsewhere in this RFQ, the following information is provided.

Quoters are required to submit their quotes in two (2) separate volumes as follows:

Volume 1: Factor I – Past Performance Volume 2: Factor II – Price

In addition to the above listed two (2) volumes, quotes consist of, and must include, the following completed documents:

- A complete and signed Request for Quotations (RFQ) and executed copy of all Amendments, if applicable, completed by the quoter (to be provided in Volume 2 along with the Price Quote)

- RFQ Section B “Schedule of Supplies/Services” completed by the quoter (to be provided in Volume 2)

The completion and submission of the above items will constitute a quotation and will indicate the quoter’s unconditional assent to the terms and conditions of this RFQ and any attachments and/or exhibits hereto.

Alternate quotations are not authorized. Quoters objecting or taking exception to the terms and conditions of the RFQ may be determined to be ineligible for award.

Volume 1, Factor I – Past Performance: This volume shall address past performance to include all data and information required for evaluation excluding any price information that would reveal the total price detailed in Volume 2 of the quote.

Volume 2, Factor II – Price Quote: This volume shall include the completed RFQ documents (described above in the General section of this provision).

IMPORTANT NOTES:

(1) Quoters shall respond to all requirements of the RFQ document. Quoters are cautioned not to alter the RFQ.

(2) In the event any person who is not a bona fide employee of the quoter participated in the creation, formulation, or writing of any portion of the quote, a certificate to this effect shall be included in the quote which shall be signed by an officer of the quoter. Such certificate shall identify the name of the person who is not a bona fide employee, that person’s employment capacity, the name of the person’s firm, the relationship of that firm to the quoter, and the portion of the quote in which the person participated.

(3) In order to ensure that all questions submitted by potential offerors are answered prior to the solicitation closing date, one consolidated list of questions concerning the solicitation should be submitted via e-mail to the contract specialist, Courtney Olszak at Courtney.olszak@navy.mil no later than 3:00 pm, Eastern Standard Time, on 04 September 2018. The Government reserves the right not to respond to any questions concerning this solicitation received after the questions receipt date above. Accordingly, offerors are encouraged to carefully review all solicitation requirements and submit questions to the Government as early as possible.

Accordingly, quoters are encouraged to carefully review all RFQ requirements and submit questions to the Government early in the quote timeframe.

Quotes are due no later than 11:00 am Eastern Standard Time (EST) 07 September 2018.

II. REQUIREMENTS FOR QUOTE FORMAT

1. Introduction and Purpose: This section specifies the format that quoters shall use in responding to this RFQ. The intent is not to restrict the quoters in the manner in which they will perform their work, but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes.

2. Each volume shall contain the following items in addition to the technical/descriptive data required by this RFQ:

Cover: The cover should indicate the following:

Title of the quote Quote category (i.e. Past Performance, and Price) Volume number (I or II) RFQ number Name and address of quoter/Cage Code, TIN, and DUNS number Identification of original or copies of quote Quote validity period (minimum of 180 days from the date of RFQ closing)

Table of Contents: The table of contents should provide sufficient detail as to allow the important elements to be easily located. The use of tabs and dividers is encouraged.

3. Requirements for Style: Each quoter shall submit a quote that clearly and concisely describes and defines the contractor’s response to the requirements contained in the RFQ. Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective quote are not desired. Elaborate art work, visual or other presentation aids are neither necessary nor desired. The quote shall contain all the pertinent information in sufficient detail in the one area of the quote where it contributes most critically to the discussion of the same information. When necessary, the quoter shall refer to the initial discussion and identify its location within the submitted quote.

4. Page Limitations: The following page limitations are established:

The Non-Price Quote factors are limited to the maximum number of pages as defined in the table above. These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics. Graphics (including tables) included in the proposal may use an alternative font with 8-point size type or larger. Each “page” is defined as one sheet, 8 ½” x 11”, with at least one inch margins on all sides, using a font with a point size of 12 or greater (e.g., "Times New Roman" style with 12-point font). Lines shall, at a minimum, be single spaced. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½" x 11" pages. The cover sheet, compliance matrix, and table of contents (not to exceed one page per attachment) will not count toward the page limit. Pages submitted in excess of the page limitations described above will not be evaluated.

The Price Quote is not page limited; however, the Price Quote is to be strictly limited to price information and completed solicitation documents as described in the General Section at the beginning of this text.

* Page limits represent the maximum pages the Government will evaluate and are not construed as de facto standards for the amount of material expected in the proposal.

III. QUOTE CONTENT

Volume 1

Factor 1 – Past Performance:

The quoter shall demonstrate relevant past performance or affirmatively state that it possesses no relevant past performance. Relevant past performance is performance under contracts or efforts within the past five years prior to the solicitation closing date that is the same as or similar to, the scope and magnitude of the work described by this solicitation.

To demonstrate its past performance, the quoter shall identify up to three (3) of its most relevant contracts within the past five (5) years from the solicitation closing date. In addition, performance data will only be assessed for those references demonstrating at least one (1) year of completed performance within the five (5) years prior to the closing date of this solicitation. Quoters shall provide a detailed explanation demonstrating the relevance of the contracts to the requirements of the solicitation. For purposes of this solicitation, a contract is defined as a single contract or a single task order placed under an ID/IQ contract, a Blanket Purchase Agreement (BPA), or a Federal Supply Schedule.

If the quoter includes delivery orders/task orders as past performance, the quoter shall state specifically what work was performed by the quoter under the delivery order/task order and the dates during which work was performed.

Subcontractor performance (either the quoter 's own subcontractor experience or proposed subcontractors experience) of major or critical aspects of this requirement will be considered as highly as prime contractor past performance information for the quoter.

If proposed subcontractor past performance is provided as part of the three (3) of its most relevant contracts or efforts, the percentage and type of work to be done by the subcontractor on the solicitation requirement must be stated. The quoter’s proposal shall detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform. A Past Performance example which does not detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform will not be evaluated.

a. If the prime quoter or intended subcontractor/partner submits a past performance example in which it served as a subcontractor, the prime/sub/partner shall detail clearly the work that it performed and the magnitude (dollar value) of that subcontracted work only. A Past Performance example that does not differentiate between the overall contract effort and the subcontractor effort will not be evaluated.

b. The references will be evaluated in the aggregate in order to allow quoters who may not have the entire scope and magnitude of the requirement under one individual contract to still be considered acceptable if past performance with the full scope and magnitude of the requirement can be demonstrated within the allotted number of references as described above.

The quoter should complete a Past Performance Information Form (Attachment 1) for each reference submitted.

The form is an attachment to the solicitation. For additional information regarding a particular reference beyond that which will fit on the form, the quoter may continue onto another sheet of paper. The forms and any such continuation sheet(s) for submitted references will count toward the Volume 1 page limit described above.

In addition to the information requested above, offerors shall contact their past performance references and request that each reference complete (Attachment 2) – Past Performance Report Form and e-mail the completed survey form directly to Courtney Olszak at courtney.olszak@navy.mil by the DUE DATE OF THIS SOLICITATION. The Government reserves the right to consider past performance report forms received after the due date of the solicitation and to contact references for verification or additional information.

Volume 2

Factor 2 – Price:

The Price Quote shall include the completed solicitation documents. The price quote shall include all elements of price and such other price information considered appropriate to support the quoter’s proposal. The pricing information shall be completed in accordance with the following:

a. A completed Section B “Supplies or Services and Price” submitted electronically via email to Courtney Olszak at Courtney.olszak@navy.mil

b. All supplemental information to support proposed price, to include but not limited to fully burdened labor rates, and estimated level of effort by labor category.

c. A completed and signed page 1 of the solicitation and a completed and signed page 1 of any amendments.

d. Unless completed in SAM, RFP Section K, Representations, Certifications and Other Statements of Offerors completed by the quoter.

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The Government intends to award a firm-fixed-price indefinite delivery, indefinite quantity contract IAW FAR 13.5, Simplified Procedures for Commercial Items, resulting from this RFQ to the responsible quoter whose quote represents the best value to the Government after an evaluation in accordance with the RFQ.

The quoter’s quote shall be in the form prescribed by, and shall contain a response to, each of the areas identified in the RFQ.

The evaluation of quotes will consider Factor 1 – Past Performance to be more important than Factor 2 – Price.

Even though Past Performance is more important than Price, initially, offers shall be ranked from lowest to highest according to price, inclusive of all option pricing. An offeror’s proposed prices will be determined by adding all extended amount for the CLINs.

If the lowest priced evaluated offer is evaluated to have a “Substantial Confidence” performance assessment, that offer represents the best value for the Government and the evaluation process stop at this point. Award shall be made to that offeror without further consideration of any other offers. However, if the lowest priced offeror is not evaluated to have a “Substantial Confidence” performance confidence assessment, the next lowest priced offeror will be evaluated and the process will continue (in order of price from lowest to highest) until an offeror is evaluated to have a “Substantial Confidence” performance confidence assessment. At that time, the Government shall make an integrated assessment best value award decision to trade-off between the offer rated with a “Substantial Confidence” and all lower priced offerors.

Although price is the not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based. The importance of price will also increase when an quoter’s price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the quote. If, at any stage of the evaluation, all quoter are determined to have submitted equal, or virtually equal, quotes, price could become the factor in determining which quoter shall receive the award.

All quotes will be reviewed for timeliness. Timely quotes will be reviewed for responsiveness (compliance) to the solicitation. If the quote is not responsive to the solicitation, it will not be evaluated and the quoter will be notified that the quote is non-responsive.

Factor 1 – Past Performance

For the Past Performance factor, the rating tables identified in the table below, entitled “Past Performance Relevancy Ratings Table” and “Past Performance Confidence Assessment Ratings Table” will be utilized for the assignment of ratings for relevancy and confidence assessment. Past performance will be evaluated for confidence based on the recency, relevance and quality of the submitted contracts. Past Performance will be assessed as follows:

Past Performance Recency The Government will evaluate each past performance reference to determine the recency. Recency is the first aspect of the past performance evaluation and is the time period during which past performance references are considered relevant. Recency is critical to establishing the relevancy of past performance information Evaluation will focus only on work experience already performed. Work yet-to-be performed, and work prior to the last five (5) years, will not be considered. In addition, performance data will only be assessed for those references demonstrating at least one (1) year of completed performance prior to the closing date of the solicitation.

Past Performance Relevancy

Past Performance Relevancy Ratings – Regarding relevancy, each past performance reference under each quoter’s Past Performance submission will be evaluated to determine its individual scope and magnitude relative to the instant requirement. The following definitions will apply to this evaluation.

· Scope: Experience in the areas defined in the Performance Work Statement

· Magnitude: The measure of the similarity of the dollar value of actually performed work that exists between the PWS and the quoter’s contracts, individually or in the aggregate, during the stated five-year period established by the solicitation.

The aggregate of each quoter’s past performance references in terms of scope and magnitude will result in the assessed overall relevance of that quoter’s past performance.

Past Performance Quality The third aspect of the past performance evaluation is to establish the overall quality of the quoter’s past performance. The Government will review all past performance information collected and determine the quality of the quoter’s performance, including general trends and usefulness of the information, and will incorporate this into the past performance confidence assessment.

Quoter’s lacking past performance history will not be evaluated favorably or unfavorably on past performance. However, the past performance submittal of an quoter with no relevant past performance history, while not rated favorably or unfavorably for past performance, may not represent the most advantageous quoter to the Government. In this instance, the quoter will receive a rating of “Not Relevant” in the relevancy rating factor.

Past Performance Confidence Assessment Ratings – The overall assigned rating for Past Performance will be the Past Performance Confidence Assessment ratings in Table 3. The assignment of this rating will be based on the quality of the relevant past performance and will consider the currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance. The quality of performance under a past performance reference that that has no relevance to the instant requirement will not be considered in the overall assessment of Past Performance Confidence. In the case of an quoter without a record of relevant past performance or for whom information on past performance is not available, the quoter may not be evaluated favorably or unfavorably on past performance rather the quoter will receive an “Unknown Confidence” rating.

If the quoter’s aggregated past performance is determined to be not relevant as defined in the solicitation, then the quality of the quoter’s past performance will not be evaluated through a confidence assessment and the past performance factor will be rated as “Neutral Confidence.” If an quoter’s aggregate past performance is determined to be relevant, then each past performance reference under the quoter’s past performance submission that contributed to the determination of aggregate relevance (i.e., each reference that is rated at least somewhat relevant) will be evaluated to determine the quality of the quoter’s performance under that reference. The quality of performance on contract references that are rated not relevant is not evaluated even when the overall past performance is found to be relevant.

In order to verify past performance information and determine the quality of the past performance submission, the Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires (i.e. Past Performance Report Form), telephone interviews and existing data sources to include but not limited to Contractor Performance Assessment Reporting (CPARS). The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. This past performance information will be used for the evaluation of past performance.

This evaluation and rating is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the quoter’s past performance will be used as a means of evaluating the relative capability of the quoter and other competitors to successfully meet the requirements of the RFP. In determining the rating for the past performance evaluation sub-factor, the Government will give greater consideration to the contracts which the Government assess as most relevant to the RFP.

NOTE: A rating of “Limited Confidence” for the past performance factor means that the quoter’s quote is not awardable without a change or changes to the quoter’s quote. A proposal that includes a “Limited Confidence” rating is considered to be susceptible to correction if the contracting officer determines that an exchange is appropriate and said exchange is conducted. A rating of “No Confidence” for the past performance factor means that the quoter’s quote is not awardable and is not susceptible to correction.

3. Price Evaluation:

Price will be evaluated by multiplying the estimated quantities provided by the Government by the quoted unit price for each line item provided by the quoter and then adding the totals together thereby identifying the quoter’s total estimated price for each line item.

Note: The total price for the entire contract may be different than the contract’s $999,995.00 maximum, but the $999,995.00 is the maximum value of the contract.

Although price is considered in a manner that makes it less important than the Non-Price factor, it has the potential to become more significant during the evaluation process. The degree of importance of the price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based. The importance of price will also increase when a quote's price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the quote.

If, at any stage of the evaluation, all quoters are determined to have submitted equal, or virtually equal, or generally equivalent, non-price quotes, price could become the factor in determining which quoter shall receive the award.

4. Written Notice

A written notice of award or acceptable of an offer e-mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept a quote (or part of an quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

5. Rating Tables

This rating table will be used for Factor I – Past Performance.

Table 1: Past Performance Relevancy Table

Table 2: Past Performance Confidence Assessment Ratings Table

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

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

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

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

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

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

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

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