Solicitation N4215820QS016 Final.docx

N4215820QS016

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation shall be posted on BETA SAM.GOV (Https://Www.beta.sam.gov/).

The RFQ number is N42158-20-Q-S016. This solicitation documents and incorporates provisions and clauses in effect through FAC 2020-02 effective 23 Dec 2019 and DFARS Change Notice 20190531. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/browse/index/far and https://www.acquisition.gov/dfars. The NAICS Code is 532490 (Other Commercial and Industrial Machinery and Equipment Rental and Leasing) and the Small Business Standard is $35M. This is a competitive, 100% Small Business Set-Aside procurement action.

Norfolk Naval Shipyard (NNSY), Portsmouth, VA requests responses from qualified sources capable of providing: RENTAL OF ONE (1) 1500kw DIESEL GENERATOR 450v, 3 PHASE, 0.8PF IAW STATEMENT OF WORK

Monthly quotes must be quoted for 30 DAYS to be considered

Section SF 1449 - CONTINUATION SHEET

Diesel Generator Rental

FFP

Rental of 1500KW Diesel Generator 450V, 3 Phase, 0.8PF Day: Week: Month (30 Days) FOB: Destination

MILSTRIP: N4215820RC00320

PURCHASE REQUEST NUMBER: N4215820RC00320

PSC CD: W049

NET AMT

Freight Charges

DELIVERY/PICK-UP OF ONE (1) 1500 KW MINIMUM STANDBY, 1000 KW BASELOAD (CONTINUOUS), 1600 AMPS TEMPORARY DIESEL GENERATOR IN SUPPORT OF USS WYOMING IAW STATEMENT OF WORKED CONTAINED HEREIN.

NET AMT

0002AA

Freight IN

DELIVERY ONE (1) 1500 KW MINIMUM STANDBY, 1000 KW BASELOAD (CONTINUOUS), 1600 AMPS TEMPORARY DIESEL GENERATOR IN SUPPORT OF USS WYOMING IAW STATEMENT OF WORKED CONTAINED HEREIN.

FOB: Destination

MILSTRIP: N4215820RC00320

NET AMT

0002AB

Freight Out

PICK-UP OF ONE (1) 1500 KW MINIMUM STANDBY, 1000 KW BASELOAD (CONTINUOUS), 1600 AMPS TEMPORARY DIESEL GENERATOR IN SUPPORT OF USS WYOMING IAW STATEMENT OF WORKED CONTAINED HEREIN.

FOB: Destination

MILSTRIP: N4215820RC00320

NET AMT

FFP

Rental of 1500KW Diesel Generator 450V, 3 Phase, 0.8PF - 1 month Option FOB: Destination

MILSTRIP: N4215820RC00320

NET AMT

FFP

Rental of 1500KW Diesel Generator 450V, 3 Phase, 0.8PF - 1 Month Option FOB: Destination

MILSTRIP: N4215820RC00320

NET AMT

FFP

Rental of 1500KW Diesel Generator 450V, 3 Phase, 0.8PF - 1 Month Option FOB: Destination

MILSTRIP: N4215820RC00320

NET AMT

STATEMENT OF WORK

PURPOSE OF REQUEST: Service rental from vendor to provide one (1) trailer mounted 1,500 kW minimum Standby Power Diesel Generator.

LOCATION: USS Wyoming (SSBN-742), Pier No. 3, Norfolk Naval Shipyard (NNSY), Portsmouth, VA 23709

POINTS OF CONTACT: Technical: TBD

CONTRACTOR RESPONSIBILITY:

1. Equipment delivery transportation shall be door to door by Contractor. Please deliver on 10 February 2020.

2. Provide all parts requiring repair or replacement under circumstances of normal equipment wear and tear at no additional charge.

3. Contractor is responsible for ensuring that all preventative maintenance is performed on equipment prior to delivery to the government as well as performing preventative maintenance as specified by the equipment’s manufacturer preventative maintenance schedule during the term of the rental period with the government.

3a. Contractor is responsible for all travel associated with preventative maintenance.

4. Contractor is responsible for providing contracted personnel and truck drivers that are able to meet the badging and security requirements of Norfolk Naval Shipyard/NOB. Contracted personnel must be United States Citizens. Foreign Nationals will not be allowed on job site.

5. Post contact information for service/repair of equipment directly on the rental equipment. Contact information must be packaged to withstand being located in an outdoor environment.

6. The Contractor shall dispatch a representative in response to a service request to repair and/or replace a diesel generator within four (4) hours of notification by NNSY at no additional charge whether request is placed during normal business hours or outside of normal business hours.

6a. Contractor is responsible for travel associated with repair/replacement of equipment.

6b. Contractor is responsible to replace the diesel generator within 12 hours of initial notification if repairs cannot be made to the existing unit.

7. Contractor to provide written operation instructions to Shop 99 and Ship’s Force for the rental Diesel Generator. Operation instructions shall include when the rental diesel generator is paralleling with ship’s electric plant and when it is operating in stand-alone mode. Written instructions are to be clarified at ship’s request if required.

8. Contractor to provide training to Shop 99 and Ship’s Force in the proper operation of the generator set utilizing Contractor written operation instructions.

8a. Initial training shall be provided to Ship’s Force at a time prior to initial paralleling of rental diesel generator with ship’s electric plant. At this time, the Contractor will provide an opportunity for Ship’s Force to question the rental diesel generator operation prior to developing Temporary Standing Orders (TSO).

8b. Contractor is responsible for travel associated with training of diesel generator with Ship.

9. Contractor is to validate that the rental diesel generator is in accordance with the Statement of Work requirements at delivery.

10. Contractor is to be present during initial paralleling of rental diesel generator with ship’s electric plant.

10a. Contractor is responsible for travel associated with testing of diesel generator with ship.

10b. Contractor is responsible for modifying rental diesel generator as required to allow paralleling of rental diesel generator with ship’s electric plant.

11. Contractor to provide written documentation of the operational parameters of diesel generator set. Written documentation to include allowable hours of operation, e.g. 100 hours, 250 hours, unlimited, etc., at specified ratings, e.g. Standby Power Rating, Prime Power Rating, Continuous Power Rating, etc. Also, written documentation to include Fuel Consumption and Running Hour data.

11a. Contractor to fill in the information below with ratings for the actual rental diesel generator unit to be provided. Deliver the requested information at least forty-eight (48) hours prior to rental diesel delivery to Shop 99 POC: TBD. Please notify POC above once email is sent.

Standby Power

Prime Power

Base Load Continuous Operating Power (COP)

Standby Power

Prime Power

Base Load Continuous Operating Power (COP)

12. Contractor to provide assistance with electrically connecting output cables and providing for disconnect/reconnect of any electrical components that require access into equipment cabinets. Voltage and Phase Rotation checks must be taken on site to verify proper connection of output cabling.

13. Markings:

In addition to any other marking requirements found herein, the Contractor shall ensure that all equipment supplied under this contract shall bear the following information:

Contractor’s Name and Point of Contact Information (name, tele#, etc.)

Government Contract Number; Contracting Officer’s information )name, tele#, etc.)

Vessel Name/Code

14. Per FAR 22.102-1(a) entitled "Safety", are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard cognizance must follow Federal and State OSHA requirements and Norfolk Naval Shipyard OSHE Program Manual, NAVSHIPYDNORINST P5090.2 requirements or safety requirements for site specific location of the contract.

14a. Contractors and Non-NNSY Government Agencies (NNGAs) are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard (NNSY) cognizance must adhere to Federal OSHA requirements for hazardous energy control IAW 29 CFR 1915.89 and must follow Hazardous Energy Control (HEC) procedures as identified in NAVSEA’s Occupational Safety, Health, and Environment Corporate Manual (OSHECM) Chapter 250 (latest revision), when performing work under NNSY contract. All HEC work to be performed by Contractors and NNGAs requires that NNSY Technical Points of Contact (TPOCs) and/or Contracting Officer’s Representatives (CORs) be notified of the HEC scope of work prior to starting work. Any changes or deviations in the initial scope of HEC work requires the NNSY TPOCs and/or CORs be informed of the change/deviation. Appendix 250.B-1 through B-3 of OSHECM Chapter 250 for multiple employer work identifies when Contractors and NNGAs are required to assign their Lockout/Tags-Plus Coordinator (LOTC) to coordinate HEC work with the cognizant NNSY LOTC. HEC locks shall be provided by the Contractor or NNGA for their employees use. The HEC locks shall have red bodies with name labels or name tags affixed, identifying who installed the HEC lock(s) and a point of contact telephone number. HEC lock name labels and tags must be made of materials that will hold up to the environment to which they are exposed. HEC tags used for Tags-Plus HEC work shall be provided by the cognizant NNSY LOTC to the contractor or NNGA for their use if machinery, equipment, or systems (MES) cannot be locked out. OSHECM Chapter 250 Tags-Plus procedures will be strictly followed.

14b. Contractors and NNGA’s may obtain electronic copies of OSHECM Chapter 250 (latest revision) and access the OSHA 1915.89 web site by using the following link to NNSY’s public access web site.

https://www.navsea.navy.mil/shipyards/norfolk/default.aspx

14c. Names and contact information for NNSY LOTCs and/or the Facility Custodian will be provided by NNSY TPOC and/or CORs set forth elsewhere in this award document.

15. PICKUP/REMOVAL OF RENTAL UNITS:

Unless otherwise notified by NAVSEA Service Contracts Division, Norfolk Naval Shipyard, Code 412, rental/lease unit(s) shall be picked up (removed) by Contractor on the morning after expiration of the established contract period of performance. In the event that this date occurs on a Saturday, Sunday, or a recognized Federal Holiday, the contractor may make the appropriate arrangements to pick-up the equipment on the first working day following the expiration of the contracr at no additional cost to the Government. If any difficulty is experienced in picking-up (removing) unit(s), the Contractor MUST immediately request the Contracting Specialist’s direction by contacting Jeremy Weible, Code 452 via telephone 757-396-2063 AND providing notification of same via email to jeremy.weible@navy.mil. A Contractor’s failure to follow the above instructions regarding pick-up / removal of rental units will relieve the Government of any liability for further charges for the equipment.

NNSY RESPONSIBILITY:

1. Security clearance and access for all personnel will be managed by the project Work Integration Leader

(WIL)

2. Provide pier location.

3. Perform basic maintenance.

3a. Monitor all gauges.

4. Lost items and equipment damage beyond normal wear and tear.

ADDITIONAL DETAILS:

1. New or used equipment may be provided. NNSY reserves the right to inspect the proposed equipment prior to contract award.

2. The Diesel Generator will be exposed to everyday weather, and saltwater air. It is the contractor’s responsibility to provide any protective coverings for the unit.

3. The government reserves the right to return one or all units at any time prior to the expiration of the rental period. The Contractor agrees to prorate costs for the time the units are in use by NNSY only

4. After Hours Base Access – Contractors are to go to Gate 15 and let the guards know they are to provide services/support via contract ______________________. It would be helpful to have a copy of the contract. The guards at the gate will then call the Base Precinct and subsequently be escorted to Bldg. 1618 to have a badge made.

Requirements for Lifting of Equipment

Rigging Sketch Requirements Rigging sketches, as a minimum, shall identify the following:

DEFENSE BIOMETRIC IDENTIFICATION SYSTEMS (DBIDS) FOR INSTALLATION ACCESS

Any new contractor, vendor or supplier requesting base access AFTER 31 May 2017 will be required to obtain a DBIDS credential. NCACS credentials will no longer be issued. Only DBIDS credentials will be issued to ALL contractors, vendors and suppliers seeking base access AFTER 14 August 2017.

Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point.

If you currently have a Navy Commercial Access Control System (NCACS) card, the following is required to get a DBIDS credential:

• Present your NCACS Card and a completed copy of the SECNAV FORM 5512/1 to the base Visitor Control Center representative.

• The VCC will pull up your information in the computer, ensuring all information is current and correct.

• Once your information is validated, a temporary DBIDS credential is provided.

• Your temporary credential will have an expiration date, prior to which you will need to obtain your permanent DBIDS credential (~ 90 days).

• For each additional U.S. Navy installation to which you need access, the first time you visit you only need to bring your DBIDS credential and statement of purpose for base access when arriving at the Visitor Control Center.

• The representative will enter base access authorization and then you may proceed to work.

If you do NOT have an NCACS Card, the following is required to obtain a DBIDS credential:

• Present a letter or official document from my government sponsoring organization that provides the purpose for your access.

• Present valid identification, such as a passport or Real ID Act-compliant state driver's license.

• Present a completed copy of the SECNAV 5512/1 form to obtain your background check.

• Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments; after all this is done, you will be provided with your new DBIDS credential.

• You may now proceed to work.

FOR ADDITIONAL QUESTIONS ABOUT OBTAINING A DBIDS CARD, CONTACT YOUR LOCAL BASE VISITOR CONTROL CENTER. INFORMATION IS ALSO PROVIDED AT: www.cnic.navy.mil/om/dbids.html One-Day Passes. Participation in the DBIDS is not mandatory, and if the Contractor chooses to not participate, the Contractor's personnel will have to obtain daily passes, be subject to daily mandatory vehicle inspection, and will have limited access to the installation. The Government will not be responsible for any cost or lost time associated with obtaining daily passes or added vehicle inspections incurred by non-participants in the DBIDS.

PORTABLE ELECTRONIC DEVICES (PEDs)

"In accordance with COMSUBLANT/COMSUBPACINST 2075.1C, the use of Portable Electronic Devices (PEDs) while in or on Department of Navy Submarine spaces are prohibited. A portable electronic device (PED) is defined as any non-stationary electronic apparatus with singular or multiple capabilities of, but not limited to recording, storing, and/or transmitting data, voice, video, or photo images (e.g., cell phones, laptops, tablets and wearable devices such as fitness bands and smart watches)."

52.212-1 ADDENDUM

52.212-1 INSTRUCTIONS TO OFFERORS –COMMERCIAL ITEMS (FEB 2012) ADDENDUM

Instructions to Contractors

This procurement action is being processed in accordance with FAR Part 12 Acquisition of Commercial Items, using Simplified Acquisition Procedures under the test program for commercial items found at FAR 13.5

Quotations shall be emailed to Jeremy Weible; email: Jeremy.weible@navy.mil

Quotations will consist of the following information and documentation submitted together:

1. Completed representations and certifications, unless otherwise available in SAM;

2. Technical Acceptability Statement (Attachment 1): Self-certification by way of completing and initialing Technical Capabilities/Contractor responsibility statement- verifying contractor is providing unit per specifications IAW the Statement of Work; Technical Capabilities/Contractor responsibility statement can be found at the bottom of EACH TECHNICAL CAPABILITY SECTION – FAILURE TO PROVIDE WILL RENDER QUOTE INELIGABLE FOR AWARD;

3. Price for each line item being quoted with best delivery in accordance with the schedule 3a. Provide pricing break down: Monthly (30 days):

Weekly (7 days):

Daily:

3b. IN THE EVENT OF EARLY RETURN OF ALL OR A PORTION OF THE EQUIPMENT THE CONTRACT WILL BE REDUCED BY A PRO-RATED AMOUNT BASED ON THE QUOTED RATES

Award will be made for the technically acceptable item or combination of technically acceptable items that result in the lowest aggregate price to the Government.

FAR 52.212-2, Evaluation — Commercial Items is applicable to this procurement. The Government will award a contract resulting from this Request for Quotation (RFQ) to the responsible quoter whose quotation conforms to the RFQ and represents the best value to the Government, price and other factors considered.

The following factors shall be used to evaluate quotations:

1. Technical Capability;

2. Delivery

3. Price

Technical acceptability will be determined by reviewing the technical certifications submitted for each item to ensure that all of the technical requirements identified are met. Technical acceptability will be defined as follows:

Technical Evaluation Ratings

Contractors who fail to possess acceptable technical capability will not be considered for award and the other elements of their quotation will not be evaluated.

Price:

The estimated amount for each line item will be added together to determine the total estimated price, which will become the evaluated price.

The vendor’s proposed price will be evaluated on the basis of price reasonableness. All prices must be considered fair and reasonable as determined by the Government. Price quote shall be held firm and valid for sixty (60) days.

The completion and submission of the above items will constitute a quote and will be considered the vendor’s unconditional assent to the terms and conditions of this Solicitation and any attachments and/or exhibits.

Failure to provide all of these documents by the required date and time may preclude a quotation from award consideration at the discretion of the Government.

Quotations determined to be technically unacceptable shall not be further evaluated for award. Of the technically acceptable quotations, the Government reserves the right to award to other than lowest price based upon a selection determined to be the best value to the Government, price and other factors considered.

Although price is considered lesser in importance relative to delivery, it has the potential to become more significant during the evaluation process. The importance of price will increase as the degree of equity in a respondent’s non-cost quotations rise. The importance of price will also increase when a quotation’s price is so significantly high as to diminish the value to the Government that might have been gained under the other aspects of the quotation. If at any point in the evaluation all respondents are determined to have submitted equal or generally, equivalent non-cost quotations, price may become the factor in determining the contractor selected for award.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

06-OCT-2020

SEE TECHNICAL POINTS OF CONTACT

SEE STATEMENT OF WORK

PORTSMOUTH VA 23709-5000

FOB: Destination N42158

SEE TECHNICAL POINTS OF CONTACT

SEE STATEMENT OF WORK

PORTSMOUTH VA 23709-5000

N42158

05-NOV-2020

SEE TECHNICAL POINTS OF CONTACT

SEE STATEMENT OF WORK

PORTSMOUTH VA 23709-5000

N42158

05-DEC-2020

N42158

04-JAN-2021

N42158

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

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

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or 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) Representation. The Offeror represents that 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

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

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)

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

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

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

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

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

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

(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.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

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

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

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

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

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

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

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

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

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

(7) Economically disadvantaged women-owned small…