COMBINED_SYNOPSIS_SOLICITATION_Legal_Research_Subscription.pdf

Military Sealift Command Combined Synopsis and Solicitation Notice Information

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. Solicitation number is N32205-18-Q-2010 and is being issued as a Request for Quotes (RFQ). Quotes are due no later than 4:00pm Norfolk, VA time on 15 November 2017.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2005-95, effective 19 JAN 2017.

4. The associated NAICS code is 519120 and this procurement:

is not being set-aside for small businesses.

is being set-aside for small businesses.

PERIOD OF PERFORMANCE: 1 Jan 2018 -31 Dec 2022

5. The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:

CLIN Description Quantity Unit of Measure

0001 Base Period: 40 User licenses 12 Months

1000 Option Period One: 40 User licenses

12 Months

2000 Option Period Two: 40 User licenses

12 Months

3000 Option Period Three: 40 User licenses

12 Months

4000 Option Period Four: 40 User licenses

12 Months

6. PERFORMANCE WORK STATEMENT

1.0 BACKROUND:

Military Sealift Command’s (MSC) Counsel Directorate (N00L) requires access to an on-line information source whereby legal research on case law, statutes, regulations, treaties, and secondary legal resources

(such as law review articles) can be conducted in order to prepare and render legal advice to MSC. N00L is responsible for rendering legal advice to MSC in particular the areas of contract law, environmental law, maritime law, civilian personnel rules, regulations, and policy, and the Freedom of Information Act.

MSC’s Public Affairs Office (N00P) will also require access to the on-line information for a limited number of users.

2.0 SCOPE:

The contractor shall provide computer assisted legal research services for Military Sealift Command.

2.1 Online services shall include Primary and secondary materials for United States to include the following:

· United States Code (U.S.C), United States Code Annotated or United States

Code Services;

· Statutes at Large and Public Laws;

· Federal Register;

· An annotated Code of Federal Regulations, including past versions and proposed changes of Federal regulations, editorial summaries of relevant case law, citing references, archival Federal Register content, on-point agency decisions, integrated statutory and administrative cross reference, analysis from leading sources and automatic notification of changes to the regulations as desired.

· Edited final version of court reports and opinions (including unpublished opinions, if available) for courts of all jurisdictions and for all levels (e.g.

Supreme Court, Court of Appeals, District Courts, Claims Courts and

Bankruptcy Courts);

· Opinions and decisions of administrative tribunals, courts and agencies, including but not limited to Comptroller General decisions, MSPB decisions, NLRB, BCA decisions by agency, EEOC public sector decisions, OMB

Circulars, Court Rules and Orders, BNA decisions;

· U.S. Attorney General Opinions;

· Presidential documents;

· Parallel citations for court reports and opinions for Federal courts of all jurisdictions and all levels; and proposed legislation, relevant legislative history materials; and

· Legislation research capability providing prior, current and future version of a statute, links to proposed legislation, relevant legislative history materials like bill drafts, reports, journals, Congressional Testimony, Congressional Record;

cases that negatively impact a statute; legislation that has been enacted but not yet codified for any statute from the U.S.C; instant access to historical statutory versions of the U.S.C.

· Court Rules for Federal District, Appellate, Supreme, Bankruptcy, Federal

Claims Court and other Federal Courts and Administrative Boards to include local rules;

· Corpus Juris Secundum or equivalent

2.2 Primary and secondary materials for all states, U.S. Territories (in particular, Guam, American Samoa, U.S. Virgin Islands, and Commonwealth of Puerto Rico) and former U.S. Trust

Territories (i.e. Commonwealth of Northern Mariana Islands, Federated States of Micronesia) including:

· Annotated statutes;

· Administrative codes and regulations;

· Court reports including parallel citations (including unpublished opinions, if available);

· Attorney General opinions; and

· Opinions and decisions of administrative courts and agencies

2.3 A citation service that shows subsequent citations to a case (from all jurisdictions).

2.4 A citation service that shows history of a case, directly accessible from the screen where the case is located, presented in an easy-to-read graphical view where the users can instantly check the procedural history of a case.

2.5 The ability to instantly access historical statutory versions of a statute so that attorneys may quickly identify which version was in effect when the client’s legal issue arose, identify when a future statute or amendment is due to take effect or lapse and track the renumbered statute sections.

2.6 American Law Reports (ALR).

2.7 Full text of new Federal statutes along with bill numbers, executive branch pronouncements, Congressional Committee and Conference reports.

2.8 U.S. law reviews, annuals and periodicals.

2.9 An automated notification service when a case is overturned or if there is a new case on a specific topic.

2.10 Treatises, textbooks and practice materials.

2.11 Martindale-Hubble database or equivalent database.

2.12 Comprehensive access to government contract resources, including court and administrative decisions and including any leading treatises, books, newsletters, briefings and periodicals.

2.13 Comprehensive access to Federal personnel law resources, including court and administrative decisions and any leading treatises, books, newsletters, briefings and periodicals, including information on employee relations, labor relations, personnel issues, benefits, equal-opportunity employment issues and government unions. This library shall allow the user to research any compliance issue, understand the scope of laws and the relationships between them, find clear and accurate case summaries and decisions, research agency promulgated directives and manuals, assess equal-opportunity employment claims, realize when discharge or discipline is appropriate, follow administrative and court proceedings, and find persuasive arbitration decisions.

2.14 Comprehensive access to Federal environmental law resources, including court and

2.15 Comprehensive access to Federal fiscal law resources, including court and administrative decisions and including any leading treatises, books, newsletters, briefings and periodicals.

2.16 Comprehensive access to United States Military Justice resources, including court and

2.17 Comprehensive access to international law resources, including court and administrative decisions, treaties and international agreements to which the United States is a party and including any leading treatises, books, newsletters, briefings and periodicals.

2.18 Comprehensive access to Federal alternative dispute resolution resources, including court and administrative decisions and including any leading treatises, books, newsletters, briefings and periodicals.

2.19 Comprehensive access to Federal legislative resources, including any leading treatises, books, newsletters, briefings and periodicals.

2.20 Comprehensive access to Federal litigation resources, including any leading treatises,

2.21 Comprehensive access to Federal privacy law and Freedom of Information Act resources, including court and administrative decisions and including any leading treatises, books, newsletters, briefings and periodicals.

2.22 Comprehensive access to government procurement integrity and standards of conduct resources, including court and administrative decisions and including any leading treatises,

2.23 Comprehensive access to news, company and public records information.

2.24 Comprehensive access to Federal bankruptcy cases and resources, including court and

2.25 Comprehensive access to intellectual property resources including court and administrative decisions and including any leading treatises, books, newsletters, briefings and periodicals.

Access to U.S. and foreign patents and applications. Access to U.S. Manual of Patent Examining

Procedure and current updates.

2.26 Ability to download copes of pleadings, complaints, briefs and other filings in Federal courts.

2.27 Documents released by the Contract Adjustment Boards (CABs) for various Federal administrative agencies.

2.28 Decisions released by the Defense Department’s Directorate for Industrial Security

Clearance Review.

2.29 Small Business Administration Office Hearings and Appeals documents.

2.30 Admiralty & Maritime Law cases and materials, to include access to cases within the

“American Maritime Cases” (AMC) database, access to Benedict on Admiralty, and access to

International Maritime Organization Conventions and Treaties (to include the MARPOL

Convention & Annexes and the SOLAS Convention).

2.31 Labor and Employment Law arbitration decisions.

3.0 SPECIFIC REQUIREMENTS:

3.1 FUNCTIONAL REQUIREMENTS: The service shall include the ability to:

· Search databases using Boolean logic

· Search databases using natural language

· Search multiple databases at the same time

· Download/store resulting documents to server or local drive and print such documents from the screen

3.2 TECHNCIAL REQUIREMENTS:

· The service shall be browser-based and shall be available over the Internet. The service shall be able to be accessed from overseas locations including Hawaii and locations in Asia, Europe, Middle East, and Africa. MSC has attorneys and offices in Naples, Italy; Bahrain; and Singapore.

· The contractor shall provide 40 user licenses and shall provide all services specified in this PWS at the flat monthly fee with no additional charges for the amount of time using the service;

numbers of searches executed; numbers of documents or numbers of pages of documents accessed, saved, searched, or printed.

Note: The requirement is for 40 user licenses. Each user license shall have the same coverage and level of access to the on-line source and information regardless of the user’s role at MSC.

3.3 SUPPORT REQUIREMENTS:

The service shall provide free telephonic help desk services 24 hours per day, seven days per week, 365 days per year. The service shall include free problem resolutions and research assistance.

3.4 AVAILABILITY REQUIREMENT:

The service shall be available 24 hours per day, seven days per week.

3.5 TRAINING REQUIREMENTS: The service shall include the following at no additional cost to the government:

3.5.1 Training on-site and on-line

3.5.2 On-line help

3.5.3 Written training brochures, booklets and manuals

3.6 ADDITIONAL DATABASE ACCESS REQUIREMENT: In addition to the database access requirements above, the contractor shall provide to the extent available, access to the following databases:

3.6.1 Government Contracts/Litigation. These database identifiers are not intended to be restrictive or associated with a particular provider. Rather, the identifiers are intended solely for descriptive purposes.

· Security and Exchange Commission

· Public Contract Law Journal

· Dun & Bradstreet

· US Bankruptcy Court decisions

· Bankruptcy reform act combined

· Bankruptcy practice handbook

· BNA bankruptcy library

· Expert Witness filings

· Civil Jury Instruction filings

· State Trial Court orders

· All jury verdicts

· Corporate Acquisitions, Mergers and Divestitures

· Government Contract briefs

· Government Contract filings

· International Government Contractor

· Government Contract Costs, Pricing & Accounting Report

· False Claims Act and Qui Tam Quarterly Review

· False Claims Act: Fraud Against the Government

· Government Contracts Costs & Pricing

· Government Contracts Negotiation and Sealed Bidding

· Public Procurement Law Review

· Government Contract Compliance Handbook

· Government Contract Changes

· Major Federal Treatises and Legal Forms

· Federal Information Disclosure, Third Edition

· Wright and Kan’s Hornbook on the Law of Federal Courts

· Friedenthal, Kan and Miller’s Hornbook on Civil Procedure

· Witkin’s California Treatises: California Procedure and Summary California Law

· Litigation Management Handbook

· Legal Ethics – The Lawyer’s Deskbook on Professional Responsibility

· Handbook of Federal Civil Discovery & Disclosure

· Federal Trial Objections

· Federal Evidence (Mueller & Kirkpatrick)

· Discovery Law Forms

· Depositions: Procedure, Strategy & Technique

· Closing Arguments 2d

· Sutherland Statutory Construction

· Attorney Fee Awards, 2d

· Attorney Fee Awards, 3d

3.6.2 Personnel Law. These database identifiers are not intended to be restrictive or associated with a particular provider. Rather, the identifiers are intended solely for descriptive purposes.

3.6.2.1 Under Litigation database the following sub-databases:

· Motions

· Briefs

· Expert Witnesses

· BNA Litigation Materials including NA Employment Discrimination Reporter

· Litigation Practice Materials including:

· Civil Rights & Disabilities Litigation Specialist

· Class Actions – Federal Practice & Procedure

· Employment Discrimination Law & Litigation

· Andrews Class Action Litigation Reporter

3.6.2.2 “Court Documents” in Labor and Employment

3.6.3 Environmental Law. These database identifiers are not intended to be restrictive or associated with a particular provider. Rather, the identifiers are intended solely for descriptive purposes.

· 50 State Survey – Environmental Law

· Environmental, Health & Safety Agency Guidance & Analysis

· Clean Air Permits: Manager’s Guide to the 1990 Clean Air Act

· Corpus Juris Secundum

· Clean Air Act Handbook

· Environmental Obligations in Bankruptcy

· Corporate Counsel’s Guide to Problems in Environmental Transactions

· The Environmental Counselor

· Environmental Insurance Litigation Law & Practice

· Environmental Insurance Litigation: Practice Forms

· Environmental Spill Reporting Handbook

· Hazard Communication Handbook

· Law of Chemical Regulation and Hazardous Waste

· Environmental Regulation of Land Use

· Handling the Land Use Case Land Use Law, Practice & Forms

· Law of Wetlands Regulation

· Managing Environmental Risk: Real Estate & Business Transactions

· NEPA Law and Litigation, 2d

· Public Natural Resources Law

· Defending Pesticides in Litigation

· Law of Toxic Torts

· Toxic Torts Practice Guide

· RCRA and Superfund: A Practice Guide

· Environmental Science Deskbook

· Law of Solid Waste, Pollution, Prevention and Recycling

· State and Local Government Solid Waste Management, 2d

· The Law of Municipal Corporations

· State Environmental Law

· Law of Water Rights and Resources

· Environmental Law Forms Guide

· Environmental Law in Indian Country

· OSHA Environmental Compliance Handbook

· All the State Environmental Practice Guides – by State

· All State “Text and Periodical” Databases

· Journal of Planning & Environmental Law

· Planning and Environmental Law Bulletin

· TSCA Chemical Substance Inventory

· Environment & Energy Daily

· Greenwire

· Land Letter

· BNA Daily Environment Report

· Official Environmental Forms

· Environmental Trial Filings

· Expert Witness Filings

· Civil Jury Instruction Filings

· State Trial Court Orders

· All jury verdicts

· California Jurisprudence Envt’l Law

· Rutter Group, The California Practice Guides

3.7 PLACE OF PERFORMANCE:

Access to the information shall be provided via the Internet.

3.8 PERIOD OF PERFORMANCE:

This order contains a one-year base period and four (4) one-year option periods. Performance shall commence 01 January 2018.

3.9 SECURITY:

Unclassified.

3.10 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY:

GFE/GFP will not be provided under this Order.

3.11 SECTION 508:

All Electronic and Information Technology (E/IT), as defined at FAR 2.101, supplied under this contract, must conform to the Architectural and Transportation Barriers Compliance Board

Electronic and Information Technology Accessibility Standards (36 CFR Part 1194). Exception to this must be approved in writing by the Contracting Officer.

Enterprise-Wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs).

The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications

Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY; and

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

7. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

This acquisition will be a full and open competition for the services specified in the above Performance

Work Statement (PWS). All questions in response to this solicitation shall be submitted no later than 8

November 2017, 4:00pm, (EST).

a. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

b. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and

“quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.

c. The following paragraphs in FAR 52.212-1 shall not apply to this RFQ: b, c, f (except f(4)), and l.

d. The Government will consider all quotes that are timely received and may consider late quotes. Failure of a quote to address any items required in the submission package may make a quote unacceptable.

e. Paragraph (b) of FAR Provision 52.212-1, Submission of Quotes, is amended as follows:

In addition to the quote submission requirements stated in FAR Provision 52.212-1, quoters shall provide the following as part of the quote submission package, no later than the required time and date for quote submission:

SUBMISSION PACKAGE

1. The quote shall contain the following:

-Reference to this solicitation number

-Single, fixed-price quote for the base period and each option period

-Firm-fixed Price total – to include base period and all option periods

-Remittance address, Tax identification Number, DUNS number and Cage Code.

2. A completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial

Items.

8. 52.212-2 EVALUATIONS – COMMERCIAL ITEMS

https://doncmra.nmci.navy.mil/ https://doncmra.nmci.navy.mil/

The Government will award a contract resulting from this solicitation to the responsible quoter whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The Government will utilize lowest price technically acceptable source selection procedures to determine which quote will be most advantageous to the Government. To be considered technically acceptable, the quote shall include all the information required in the submission package and meet all requirements listed in the PWS.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option process are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

9. The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items applies to this acquisition.

Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

10. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or

Executive Orders – Commercial Items applies to this acquisition. The following additional FAR clauses contained within FAR 52.212-5 are applicable to this acquisition:

52.222-50 ALT1Combating Trafficking in Persons (Feb 2009)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Jul 2013)

52.209-6 Protecting the Government’ Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Aug

2013)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Jan 2011)

52.219-28 Post-Award Small Business Program Representation (Jul 2013)

52.222-3 Convict Labor (June 2003)

52.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.222-26 Equal Opportunity (Mar 2007)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (Aug 2011)

52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

52.232-33 Payment by Electronic Funds Transfer --Central Contractor Registration

(Jul 2013)

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006)

11. This solicitation does not have a Defense Priorities and Allocation System (DPAS) rating.

12. Quotes may only be E-mailed directly to susan.moomaw@navy.mil, the sole designated E-mail address and inbox for receipt of E-mail submissions. No other electronic means of submission, used in whole or in combination with E-mail, is permitted. No other method of submission is acceptable.

E-mail quotes shall be in either Adobe or Microsoft Office format. Quoters are advised that the

Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission.

13. The following additional FAR and DFARS clauses are applicable to this acquisition:

The following FAR and DFARS provisions and clauses apply to this solicitation and are incorporated by reference:

52.204-7 System for Award Management (Jul 2013)

52.212-1 Instructions to Offerors -- Commercial Items (Jul 2013)

52.212-3 Alt I Offeror Representations and Certifications – Commercial Items—Alt I (May

2014)

52.212-4 Contract Terms and Conditions-Commercial Items (Sep 2013)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certification (Dec 2012)

52.232-18 Availability of Funds (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

252.203-7000 Requirements Relating to Compensation of Former DOD Officials (Sep 2011)

252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Jan 2009)

252.204-7000 Disclosure of Information (Aug 2013)

252.204-7003 Control of Government Personnel Work Product (Apr 1992)

252.204-7008 Compliance with Safeguarding Defense Information Contracts(Deviation 2016-

O0001)

252.204-7012 Safeguarding of Unclassified Controlled Technical Information

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013)

252.246-7003 Notification of Potential Safety Issues (Jun 2013)

252.247-7023 Transportation of Supplies by Sea (Jun 2013)

52.212-3 Offeror Representations and Certifications – Commercial Items (May 2014)

Offeror Representations and Certifications -- Commercial Items (May 2014)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the

System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) 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.

http://www.acquisition.gov/

“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.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-

9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

“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 SAM website.

(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 (o) 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, for general statistical purposes, 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.

https://www.acquisition.gov/

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) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of

Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR

52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the

SAM Dynamic Small Business Search database maintained by the Small

Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small

Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart

B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small

Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture.

[The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(11) 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)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the

HUBZone small business concerns participating in the HUBZone joint venture:

__________.] Each HUBZone small business concern participating in the

HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

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

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation

(FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

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

“commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph

(g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,”

“commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy

American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, 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) or 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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If

Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy

American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II.

If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III.

If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade

Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy

American—Free Trade Agreements—Israeli Trade Act”:

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade

Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph

(g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not

U.S.-made or designated country end products.

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the

Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

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

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

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

(A) The tax liability is finally determined.