N0018923Q0309.docx

N0018923Q0309

Section SF 1449 - CONTINUATION SHEET

ADDENDUM TO FAR 52.212-1

FAR CLAUSE 52.212-1 ADDENDUM, INSTRUCTIONS TO QUOTERS – COMMERCIAL ITEMS

The Government will award a single purchase order with Firm Fixed Price (FFP) Provisions as a result of this solicitation and in accordance with the policies and procedures of FAR Part 12, Acquisition of Commercial Items and FAR Part 13.5. Award will be made to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government under the selection criteria set forth in the solicitation by utilizing award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote/offer which indicates that quote/offer may not represent best value. In that case, the Government reserves the right to consider the past performance of other quotes/offers, conduct a price, past performance tradeoff, and award to other than the lowest price quote/offer.

In addition to FAR 52.212-1, “Instructions to Quoters – Commercial Items and any other instructions contained elsewhere in this solicitation, the following information is provided.

Initial Quotes and any modifications thereto are to be submitted to Gil Dobison, at gilbert.k.dobison.civ@us.navy.mil on or before the closing date and time cited elsewhere in this solicitation. Faxes, mailed, and/or responses through beta.SAM.gov or any method other than email are NOT acceptable.

QUESTIONS: Quoters may submit questions regarding clarification of solicitation requirements via email the contracting officer, Gilbert Dobison, at gilbert.k.dobison.civ@us.navy.mil . It is requested that all questions be received by 12:00 PM, Eastern Standard Time, on 22 June 2023, as time may not permit responses to questions received after that date to be prepared and issued prior to the receipt of Quotes. Questions received after the deadline may or may not be answered at the discretion of the Government.

INSTRUCTIONS FOR SUBMISSIONS OF QUOTERS:

1. GENERAL:

Electronic Submissions: Quotes shall be submitted electronically no later than the due date of the solicitation via email to the Contracting Officer, Gilbert Dobison, at gilbert.k.dobison.civ@us.navy.mil. Quoters should include the following information in the Subject Line of their electronic submission: Quote - N0018922Q0309 – (Name of Quoter) – (“Prime” or “Sub”) – Email (#) of (#). Quoters shall comply with the detailed instructions for the format and content of the Quotes contained herein; Quotes that do not comply may be considered unacceptable and may render the Quote ineligible for award. Quoters shall respond to all requirements of the solicitation. Quoters are cautioned not to alter the solicitation.

All electronic files and versions of Quoters’ quotes shall be compatible with the current release of Adobe Acrobat and Microsoft Office Suite version 2010 (Excel). The Quoter shall be responsible for ensuring that their electronic Quotes are virus free.

All Quote submissions and questions shall be in English.

HARD-CARRIED QUOTE SUBMISSIONS ARE NOT AUTHORIZED.

Quotes must be held firm for 120 days after the solicitation closing date.

The completion and submission of the above items will constitute a Quote and will indicate the Quoter’s unconditional assent to the terms and conditions of this solicitation and any attachments and/or exhibits hereto. Alternate Quotes are not authorized. Objections to any of the terms and conditions of the solicitation will constitute a deficiency (see FAR 15.001), which will make the Quote unacceptable.

Note 1: Mailed, Hand-carried and delivered Quotes will not be accepted.

Note 2: Submissions through the System for Award Management (SAM).gov website will not be accepted.

VOLUME I – Non Price Quote

This volume shall address the Brand Name or Equal Purchase Descriptions (Factor I) and include all information required for Quote evaluation. This volume of the Quote shall exclude any pricing information.

Each page of each copy shall be affixed with the following legend:

Source Selection Information See FAR 2.101 and 3.104

VOLUME II – Price Quote

This volume shall include the completed solicitation documents and a complete and detailed price breakdown with all supporting information. Each page of each copy shall be affixed with the following legend:

Source Selection Information See FAR 2.101 and 3.104

2. REQUIREMENT FOR QUOTE CONTENT:

(A) Introduction and Purpose: This section specifies the format that Quoters shall use in this Request for Quote (RFQ). The intent is not to restrict 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.

(B) Each volume should contain the following items in addition to the other information required by this solicitation:

Cover: The cover should indicate the following:

· Title of the Quote

· Volume Number (I or II)

· Quote Category (Technical or Price)

· Request for Quote (RFQ) Number

· Name and Address of Quoter, Cage Code, DUNS and applicable Tax I.D. Number (TIN)

· Identification if original or a copy of the Quote

· Quote validity period of 120 days from solicitation closing.

Table of Contents: The table of contents should provide sufficient detail as to allow the important elements to be easily located.

1. Requirements for Style: Each Quoter shall submit a Quote that clearly and concisely describes and defines the Quoter’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 and may be construed as an indication of the Quoter’s lack of understanding of cost consciousness. Elaborate art work, expensive paper or bindings, and expensive 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, Quoters shall refer to the initial discussion and identify its location within the submitted Quote.

1. Quote Page Limitations:

The following page limitations are established:

Title

Submittal Quantities

Page Limit*

Non-Price Quote – Factor I:

1 Electronic Copy

Ten (10) pages

Price Quote

1 Electronic Copy

No limit

The Non-Price Quote factors are limited to the maximum number of pages as defined in the table above. All submission and attachments shall be in Microsoft Office Word. Submissions are page limited to the maximum number of pages as defined below. These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics. Graphics (including tables) in the Quote must use an alternative Times New Roman 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 Times New Roman 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 selected as single-spaced in Microsoft Word with Microsoft Word Normal character spacing. Pages shall be consecutively numbered. The Quoter is permitted to submit no more than one page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of figures, list of acronyms, compliance matrix, and table of contents.

The Quoter is permitted to submit no more than one (1) page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of figures, list of acronyms, compliance matrix, table of contents, tabs, and dividers.

Quote Content:

Volume I Non-Price Quote

This volume shall address the Non-Price factors and include all information required for quote evaluation. This volume shall also address the past performance factor and shall include all information required for quote evaluation. This volume of the quote shall exclude any reference to the price aspects of the quote.

The Non-Price Quote factors are listed below.

Factor I – Brand Name or Equal Purchase Descriptions

The quoter shall provide a brand name item or item of equal description. The quoter shall provide a brand name item or item of equal description. Please see Schedule of Supplies of the solicitation for minimum specifications and salient characteristics.

Volume II – Price Quote:

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 Quote. The pricing information shall be completed in accordance with the following:

1. SF1449 Section “Schedule of Supplies/Services” completed by the Quoter.

1. Separate pricing information SHALL be submitted for each CLIN (1001 and 2001) for Option to Increase Quantity-Separately Priced Line Item (FAR 52.217-7).

1. All supplemental information to support quoted price.

1. A complete and signed page 1 of the Standard Form 1449, “Solicitation/Contract/Order for Commercial Items” and executed copy of Amendments, if applicable.

1. Unless completed in SAM, RFQ Section, Representation, Certification and Other Statements of Quoters- Completed by the Quoter.

SCHEDULE OF SUPPLIES

Desktop Computer Requirements (Minimum Specifications)

Vendor Statement of Acceptability: For each of the minimum specifications listed below, briefly describe how your proposed solution meets or exceeds the requirement. Define manufacturer, model number, description, capacity, and/or speed. If applicable, provide a web link to the technical specifications for the proposed hardware component.

Expansion Slots PCIe x16 (1), PCIe x1 (2)

Processor Intel Core i7-12700, 2.10 GHz 64-Bit Desktop Processor

Hard Drive 500 GB M.2 PCIe NVMe SSD

DVD Drive 8X DVD+/-RW SATA interface

Video Integrated Graphics with Dual Display Capability

Mouse 3-Button USB Optical Scroll Mouse, Black, Minimum USB cable length - 62”

Operating System Least expensive license for Windows 11 64-Bit

Audio High-Definition Audio Controller (Integrated OK)

Network Integrated Gigabit Ethernet Controller

TPM Yes, TPM 2.0 or latest

Monitor 24-inch (23.5 Measured Diagonally) wide screen LED monitor w/analog & digital inputs, height adjustable stand, tilt & pivot capability preferred, integrated stereo speakers. Monitor assembly must be tool-less.

Resolution 1920 x 1080

· Proposed Computer shall be individually packed in a single carton that includes all accessories, peripherals, & product documentation (Monitor in a separate carton).

· USNA will provide bar code asset tags for vendor to apply to CPU and monitor.

· Vendor shall duplicate bar code asset tags and apply to outside of CPU and monitor cartons. CPU and monitor cartons will also contain bar coded serial number.

· Vendor shall provide disk with all drivers.

· Vendor shall provide on-site parts pool for warranty replacement consisting of, at a minimum, 3 of each internal component and peripheral device.

· Vendor/Manufacturer shall be ISO 9001:2015 and ISO 14001:2015 registered.

Components Must Be Windows 11 - 64 bit and Windows 11 Compatible.

System must have full functionality in Windows 11 - 64 bit and Windows 11.

Chassis, Monitor, DVD Burner, Keyboard, & Mouse Must Match in Color.

All systems must be identical – No hardware changes

HP Elite Tower 600 G9

FFP

Part no. 54N88AV. For accessories see Schedule of Supplies for details regarding HP Elite Tower. The subject requirement will be solicited as "Brand Name or Equal". See Schedule of Supplies for minimum specifications, salient physical, functional, or performance characteristic of the brand name item that an "equal" item must meet in order to be acceptable for award.

FOB: Destination

MILSTRIP: N0016123RC16621

PURCHASE REQUEST NUMBER: N0016123RC16621

PSC CD: 7E20

NET AMT

FFP

Part no. 54N88AV. For accessories see Schedule of Supplies for details regarding HP Elite Tower. The subject requirement will be solicited as "Brand Name or Equal". See Schedule of Supplies for minimum specifications, salient physical, functional, or performance characteristic of the brand name item that an "equal" item must meet in order to be acceptable for award.

FOB: Destination

NET AMT

FFP

Part no. 54N88AV. For accessories see Schedule of Supplies for details regarding HP Elite Tower. The subject requirement will be solicited as "Brand Name or Equal". See Schedule of Supplies for minimum specifications, salient physical, functional, or performance characteristic of the brand name item that an "equal" item must meet in order to be acceptable for award.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

DAN FIELDER

HANGAR BUILDING

234 HALLIGAN ROAD

ANNAPOLIS MD 21402

410-293-9291

N00161

N00161

N00161

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

The Government intends to award a single Firm Fixed Price (FFP) purchase order as a result of this solicitation in accordance with FAR Part 12 “Acquisition of Commercial Items” and FAR Subpart 13.5 “Simplified Procedures for Certain Commercial Items”. Award will be made to the quoter whose quote is most advantageous to the Government under the selection criteria set forth in this solicitation. The Government will award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote/offer which indicates that quote may not represent best value. In that case, the Government reserves the right to consider the past performance of other quotes, conduct a price, past performance tradeoff, and award to other than the lowest price quote.

Nothing in this provision limits the Contracting Officer’s discretion to rely on information available from other sources (e.g., past performance databases, discussions with other entities familiar with the quoter) or to use any other technique described FAR 9.1 when determining whether the quoter satisfies the FAR 9.104-1 general responsibility standards.

Non-Price Proposal Evaluation Criteria

Factor 1 – Brand Name or Equal Purchase Descriptions

This volume shall address this factor and include all information required for quote evaluation. This volume of the quote shall exclude any reference to the price aspects of the quote.

The requirement is “Brand Name or Equal” if brand name item is not quoted the equal item shall meet minimum specifications and salient characteristic, non-price factor required.

The below rating table will be used in the evaluation of the non-price Factor 1, Brand Name or Equal.

Technical Acceptable/Unacceptable Ratings Table Technical Ratings

NOTE: A rating of “Unacceptable” for Factor I means that the quoter’s quote is not awardable and is not susceptible to correction without what would be tantamount to the submission of an entirely new quote.

Factor II – Price

Price

· Total price will be evaluated taking into the account the total FFP for the base year and option periods. Price analysis will be used to evaluate price reasonableness.

· The Government may evaluate any and all information submitted by the vendor to support the reasonableness of prices proposed. The method of evaluation used by the Contracting Officer is solely within the discretion of the Contracting Officer.

· The PCO/SSA may evaluate any and all information submitted by the vendor to support the reasonableness of prices proposed.

· The method of evaluation used by the Contracting Officer is solely within the discretion of the Contracting Officer.

· A written notice of award or acceptance of a quote e-mailed or otherwise furnished to the successful quoters(s) within the time for acceptance specified in the quote shall result in a binding contract without further action by either party.

· All options, will be evaluated pursuant to solicitation provision FAR 52.217-7, Evaluation of Options. The Government will evaluate offers for award purposes by adding the price for the option to the total price for the basic requirement. Evaluation of the option shall not obligate the Government to exercise the option.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) ALTERNATE I (OCT 2014)

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 service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in 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 service-disabled 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 women-owned 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 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, 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.

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

___ 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) 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:

[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 off-the-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.