N6264518R0045_Homozygous_Rats.docx

N6264518R0045

COMBINED SYNOPSIS/SOLICITATION FOR

NIH-FOXN1RNU HOMOZYGOUS MALE RATS

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, and FAR 13, Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation on an SF1449 will not be issued. The solicitation number is N62645-18-R-0045. The solicitation is issued as a Request for Proposal (RFP). Provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-99 are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: http://acquisition.gov/far and http://www.acq.osd.mil/dpap/sitemap.html.

The NAICS code is 112990, with a small business size of $750,000. This is not a small business set-aside; all qualified vendors are encouraged to submit a proposal.

ESSENTIAL CHARACTERISTICS

Below are the essential characteristics the award holder of this contract must meet for the products to be in compliance with this Indefinite Delivery Indefinite Quantity (IDIQ) contract:

This IDIQ contract is for the delivery of up to 400 healthy, homozygous male NIHRNU rats (specifically NIH-Foxn1RNU homozygous male rats) of varying ages (refer to pricing sheet) for a base period of 12-months, and four 12- month option periods for the Naval Medical Research Unit San Antonio (NAMRU-SA). The NAMRU-SA facility is located on the Joint Base San Antonio, Fort Sam Houston, TX.

The successful awardee must have the ability to deliver the specified aged rats to NAMRU-SA within three business days of receipt of each delivery order or on the delivery date identified in the order (if delivery is more than three business days from the date the delivery order is emailed).

Each shipping crate should fit a minimum of two rats but no more than four rats, allowing up to 200 shipping crates per 12-month period. The offeror shall quote a price per shipping crate. The offeror shall also quote a flat rate price for each delivery or for each shipping crate. Rats of different ages shall not be shipped in the same crate.

The successful awardee shall provide a health certificate with for each rat demonstrating the health status of each rat.

The successful awardee shall submit their most recent Quality Control/Quality Assurance USDA recent lab test results with submission of their proposal.

The successful awardee must be a USDA licensed dealer.

The successful awardee shall submit with their proposal their most recent Quality Control/Quality Assurance USDA test results.

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS – ADDENDUM TO 52.212-1

In addition to the guidance included in FAR Provision 52.212-1 entitled “Instructions to Offerors – Commercial Items,” the following are applicable for the preparation and submission of proposals.

Proposal Content and Instructions for Preparation of Proposals.

Instructions for preparation of proposals. This section specifies the format and content that offerors shall use in this Request for Proposal (RFP). The intent is not to restrict the offerors in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes. Offerors must submit a proposal that is legible and comprehensive enough to provide the basis for a sound evaluation by the Government. Information provided should be precise, factual, and complete. Legibility, clarity, completeness, and responsiveness are of the utmost importance. Proposals shall be in the form prescribed by, and shall contain a response to, each of the areas identified in this Section (Addendum to 52.212-1). Any proposal that does not provide, at a minimum, that which is required in this solicitation may be determined to be substantially incomplete and not warrant any further consideration. The Government shall award a contract to the responsible offeror whose offer will be most advantageous to the Government, price and other factors considered.

The proposal shall be submitted in two separate volumes:

Volume I* – Non-Price Factors Volume II – Price (to include additional requirements listed below)

*No pricing information shall be included in Volume I.

A complete Volume I – Non-Price Factors and Volume II – Price shall be submitted by the closing date specified in this solicitation. If any one Volume is received past the stated closing date specified in this solicitation, the entire proposal can be considered late.

1. Volume I: Non-Price Factors. Volume I shall not include any pricing information. In accordance with file submission requirements given in this section, the offeror shall submit the following:

1.1. Evaluation Factor I: Technical Approach: The offeror shall provide sufficient technical documentation (including but not limited to: product literature, specifications) demonstrating the following:

· The offeror is able to meet the delivery and shipping requirements listed under “Essential Characteristics” in this solicitation.

· The offeror is able provide the NIH-Foxn1RNU homozygous male rats listed in the “Essential Characteristics” in this solicitation.

· The offeror shall provide a statement that they are registered in SAM (System for Award Management, https://www.sam.gov/portal/SAM/#1#1. The statement must also state that the SAM registration is current and that the offeror is listed under NAICS code 112990.

· The offeror is USDA certified to sell animals and has provided a copy of their latest USDA Quality Control/Quality Assurance test results.

1.2 Evaluation Factor II: Past Performance: The offeror shall describe its past performance on up to two contracts it has held within the last five years that are for the same or similar products to that which is detailed in this solicitation, or affirmatively state the offeror possesses no relevant past performance directly related to or similar past performance. Offerors who present similar contracts shall provide a detailed explanation demonstrating the relevance of the contracts to the requirements of the solicitation. The Government reserves the right to contact any references.

The offeror shall provide the following information for each of the two past performance reference contracts they are providing:

1.2.1. Contract number(s), award date, dates of performance and location(s) of performance for the past performance reference.

1.2.2. Name, phone number, and email address of a validated point of contact at the federal, state, local government or commercial entity for which the contract was performed. Offeror shall verify the validity of the contact information provided.

1.2.3. Dollar value of the past performance reference contract.

1.2.4. Description of the products provided under the contract.

1.2.5. The number, type, and severity of any quality or delivery problems in performing the contract, the corrective action taken and the effectiveness of the corrective action (if applicable).

1.2.6. The total number of rejected or returned products, with reasons for rejection or return, and total number of product(s) (if applicable).

1.2.7. Provide information regarding compliance with established delivery schedules and ability to provide timely replacement products due to recall or return.

1.2.8. Any other relevant information.

1.2.9. Answer “Has the POC agreed to be to be contacted as a reference?”

1.2.10. The government reserves the right to consider other past performance information at its disposal, in addition to any information obtained from the references provided above. The government is likely to randomly select references provided for contact and does not commit to contact every reference.

Page limit for Volume I – Non-Price Factors: not to exceed 15 pages (excluding a Cover Sheet and Table of Contents). Any information submitted that is in excess of the page limit shall not be considered as part of the proposal. Each past performance reference contract (2 maximum) shall be limited to 1 page each for a total of 2 pages. This page limitation is in addition to the page limit for Volume I.

2. Volume II: Price Proposal (Evaluation Factor III - Price). In accordance with file submission requirements given in this section, the offeror shall submit the following:

The offeror’s title page on the Volume II (Price Proposal) shall contain the following: complete company name and address, company Point of Contact (to include phone and email address), the offeror’s CAGE code and the DUNS number.

The offeror shall include a signed statement (from an official having the authority to bind the firm contractually) acknowledging the combined synopsis/solicitation, all amendments (if applicable), and include a statement that the offer is valid for 90 days.

The offeror shall complete and submit FAR provision 52.212-3 ALT I. Offerors shall only complete paragraph b if they have completed the annual representations and certifications in SAM.

2.1. Offerors shall complete the Pricing Sheet (instructions included) in its entirety (include Business Name and Date of Proposal) for the base period and all option periods to include the following.

The price per each:

1. Healthy (health certified) NIH- Foxn1RNU homozygous male rats for each age range specified in the pricing sheet. In addition, the highest unit price shall be multiplied by 400 (estimated maximum quantity) to obtain the maximum potential price per 12-month period of performance. The maximum potential price for each 12-month period of performance will be listed in each applicable CLIN (0001, 1001, 2001, 3001, and 4001) upon contract award.

2. Shipping Crates (assuming minimum of two (2) rats per crate, but not to exceed four (4)). Maximum quantity is 200.

3. Freight – must specify, for example, flat rate per delivery or per crate

- Offerors will provide a total price for each CLIN (0001, 1001, 2001, 3001, and 4001). The basis of the total price is the highest unit price for age specific NIH-Foxn1RNU homozygous male rats multiplied by the maximum ordering quantity per CLIN of 400 to include health certificates and requirements listed in the “Essential Characteristics” in this solicitation.

- Offerors will provide a price for each crate for each CLIN (0002, 1002, 2002, 3002, and 4002). The basis of the total price is the unit price multiplied by the maximum estimated quantity of 200 (assuming 2 but no more than 4 rats per crate) according to the shipping requirements listed in “Essential Characteristics” in this solicitation.

- Offerors shall provide a price for each shipping CLIN (0003, 1003, 2003, 3003, and 4003). Offerors shall be specific as to if this cost is a flat rate fee per delivery or if (how) the shipping costs change according to the quantity ordered. The maximum number of shipments is 200 per each 12-month period of performance.

-Offerors will provide a total price for the overall contract. The basis of this price is the sum value of all of the CLIN total values (calculated automatically in the pricing sheet). Offeror’s are responsible for assuring the calculations submitted with their proposal are accurate.

Page limit for Volume II – Price: There is NO page limit for Volume II – Price.

3. Proposal Submission.

The Government intends to award a contract without discussions. Offerors should provide their best, complete proposal upon initial submission. The Government reserves the right to hold discussions if deemed necessary by the Contracting Officer.

Questions shall be submitted (by email) to cheryl.r.vendemia.civ@mail.mil and thomas.l.hood26.civ@mail.mil not later than 10:00 AM Eastern Time, 31 July 2018. It is requested that only one set of questions be submitted by each offeror, numerous sets of questions from an offeror will not be accepted.

Proposal Submission:

a. The proposal shall be submitted via email to cheryl.r.vendemia.civ@mail.mil and thomas.l.hood26.civ@mail.mil. Multiple emails are accepted (if required) but they should be numbered in the email title as “X” of “X” (example Email 1 of 2). No other methods of submission will be accepted.

Once the offeror has submitted their proposal, they shall also send a confirmation email to cheryl.r.vendemia.civ@mail.mil and thomas.l.hood26.civ@mail.mil. The confirmation email shall include the company name and contact information as well stating that they have submitted a complete proposal to NMLC in response to N62645-18-R-0045. Proposals shall be submitted electronically by email no later than the proposal due date for this solicitation.

b. The proposal due date is 2:00 PM Eastern Time, 08 August 2018.

The estimated award date is 10 September 2018.

The Contracting Officer reserves the right to adjust each 12-month ordering period based on the actual award date.

Offers shall be valid for a period of 90 days.

CLAUSES INCORPORATED BY FULL TEXT

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

The Government intends to award one (1) indefinite delivery indefinite quantity (IDIQ) contract with firm-fixed price delivery orders from the issuance of this solicitation to the responsible proposal that is determined to be the Lowest Priced Technically Acceptable (LPTA) proposal, which shall represent best value to the Government. Award shall be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors (i.e. technical conformance to the requirements of the solicitation).

The proposal shall be submitted in two volumes:

Volume I – Non- Price Factors (Technical and Past Performance) Volume II – Price (Including the completed RFP requirements – Refer to Evaluation Factor III – Price)

The proposals will be evaluated under the following factors:

Evaluation Factor I: Technical Proposal Evaluation Factor II: Past Performance Evaluation Factor III: Price

Relative Importance of Factors. The relative importance of each factor is as follows:

Evaluation Factor’s I and II, will be evaluated individually on a pass/fail basis. If an offeror's technical proposal is judged to have failed under Evaluation Factors I or II, the firm's offer will receive no further consideration for award unless there are no other technically compliant proposals.

If an offeror is judged to have passed under Evaluation Factors I and II, then the firm’s offer will be further evaluated on factor III, Price. In doing so, Factors I, II and III are all equally important. If Factors I and II have all been evaluated and received a ‘pass’ rating, Factor III (price) will be the deciding factor as the Lowest Price Technically Acceptable (LPTA). For LPTA, Factor III is equally important to the combination of evaluation Factors I and II.

Evaluation Factor I: Technical Proposal:

The proposal will be evaluated to determine if the proposal meets the requirements of the Essential Characteristics section.

This will be rated as either Pass or Fail.

Evaluation Factor II: Past Performance:

The Past Performance evaluation will result in an assessment of the offeror’s probability of meeting the solicitation requirements. The Government is likely to randomly select references provided for contact and does not commit to contact every reference.

The Government reserves the right to utilize other information not provided by the vendor and will evaluate information readily available. It is the responsibility of the offeror to ensure names and phone numbers of points of contact are verified and accurate.

The Government will evaluate past performance for:

(a) Relevancy: how pertinent a recent effort accomplished by the offeror is to the effort to be acquired through the source selection.

(b) Responsiveness: vendor's compliance with established delivery schedules and ability to provide timely replacement products due to recall or return.

A relevancy determination will be made solely based on the information provided in the offeror’s proposal and information available to the Government through internal sources. The Government will not call POC’s to determine relevancy.

If a reference contract is determined to be “not relevant” (after review of the offeror’s proposal), then the reference contract will not be evaluated for responsiveness.

Past performance will be evaluated on a pass/fail basis, unless the offeror posseses no relevant past performance.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance (FAR 15.305(a)(2)(iv)). The offeror will receive a neutral rating and will be evaluated on the remaining evaluation factors.

Evaluation Factor III – Price:

Price will be evaluated on completeness and reasonableness.

Completeness –

The offeror shall include pricing for all line items (as stated in the INSTRUCTIONS TO OFFERORS – ADDENDUM TO 52.212-1).

The offeror’s title page on the Volume II (Price Proposal) shall contain the following: complete company name and address, company Point of Contact (to include phone and email address), the offeror’s CAGE code and the DUNS number.

The offeror shall include a signed statement (from an official having the authority to bind the firm contractually) acknowledging the combined synopsis/solicitation, all amendments (if applicable), and include a statement that the offer is valid for 90 days.

The offeror shall complete and submit FAR provision 52.212-3 ALT I. Offerors shall only complete paragraph b if they have completed the annual representations and certifications in SAM.

Reasonableness – The degree to which the offeror’s total proposed price represents a fair and reasonable price. The offeror’s total proposed price will be used to evaluate price reasonableness on a competitive basis. The method of arriving at the offeror’s total proposed price is outlined below under “Options”.

Options. The Government will evaluate offers for award purposes by adding the total price of all options to the total price for the basic requirement (first 12-month period of performance). The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options does not obligate the Government to exercise the option(s).

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

(End of provision)

NIH-Foxn1RNU Homozygous Male Rats

FFP

Unit price is inclusive of health certificate FOB: Destination

PSC CD: AN42

NET AMT

Shipping Crates

Maximum 200 Shipping Crates per 12-month delivery period

PSC CD: 8115

NET AMT

Freight

Freight shall be on a firm fixed price basis/flat rate per delivery.

NET AMT

FFP

Unit price is inclusive of health certificate

NET AMT

FFP

Maximum 200 Shipping Crates per 12-month delivery period

NET AMT

FFP

Freight shall be on a firm fixed price basis/flat rate per delivery.

NET AMT

FFP

Unit price is inclusive of health certificate

NET AMT

FFP

Maximum 200 Shipping Crates per 12-month delivery period

NET AMT

FFP

Freight shall be on a firm fixed price basis/flat rate per delivery.

NET AMT

FFP

Unit price is inclusive of health certificate

NET AMT

FFP

Maximum 200 Shipping Crates per 12-month delivery period

NET AMT

FFP

Freight shall be on a firm fixed price basis/flat rate per delivery.

NET AMT

FFP

Unit price is inclusive of health certificate

NET AMT

FFP

Maximum 200 Shipping Crates per 12-month delivery period

NET AMT

FFP

Freight shall be on a firm fixed price basis/flat rate per delivery.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

09-SEP-2019

MS. CARRIE CRANE

4141 PETROLEUM DR, BLDG. #3260

JBSA FORT SAM HOUSTON TX 78234

(210) 539-7045

N39467

09-SEP-2019

N39467

09-SEP-2019

N39467

09-SEP-2020

N39467

09-SEP-2020

N39467

09-SEP-2020

N39467

09-SEP-2021

N39467

09-SEP-2021

N39467

09-SEP-2021

N39467

09-SEP-2022

N39467

09-SEP-2022

N39467

09-SEP-2022

N39467

09-SEP-2023

N39467

09-SEP-2023

N39467

09-SEP-2023

N39467

CONTRACT ADMINISTRATION

1. CONTRACT ADMINISTRATION

(a) The name, address and telephone number of the Contract Specialist responsible for administering this contract is:

Naval Medical Logistics Command Cheryl Vendemia 693 Neiman Street Fort Detrick, Maryland 21702

(301) 619-6004 Email: cheryl.r.vendemia.civ@mail.mil

(b) Unless otherwise stated herein, any correspondence or discussion regarding this contract will be directed to the Contract Specialist in (a) above.

2. INVOICING INSTRUCTIONS

See 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS.

3. DESIGNATION OF ORDERING ACTIVITIES

NMLC is the only authorized ordering office under this contract. All delivery orders must be signed by a NMLC warranted Contracting Officer.

4. ORDERING

The contract does not authorize any offices but NMLC to place delivery orders. The contract hereby authorizes delivery orders to be placed via a SF 1449 or DD 1155.

5. CONTENT OF DELIVERY ORDERS

Delivery orders shall contain the following "minimum" information:

1. Date of order.

2. Contract number and order number.

3. Item number and description, quantity, and unit price.

4. Delivery date and place of delivery.

5. Accounting and appropriation data.

7. Payment office address.

8. Invoicing instructions with Point of Contact Information/WAWF..

6. COMMUNICATIONS

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor's facility or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

7. The guaranteed minimum order under this IDIQ base contract is:

2 each NIH- Foxn1RNU homozygous male rats aged 11 weeks with health certificates.

The guaranteed minimum is a single order that is placed as the initial order after contract award. The guaranteed minimum is only applicable to the base ordering period and does not apply to the option ordering periods.

SPECIAL CONTRACT REQUIREMENTS

CONTRACTOR SUPPORT

NOTICE: NAVY USE OF SUPPORT CONTRACTOR FOR CONTRACT CLOSEOUT FUNCTIONS

Naval Medical Logistics Command uses two private contractors in support of the contract closeout process. Those companies are Contracting Resources Group, Inc. from Baltimore, MD, doing business under the authority of the Small Business Administration’s 8(a) program, and the Ability One Program, doing business under the authority of the Javits-Wagner O’Day Act (41 U.S.C. § 47).

The contract closeout process includes activities such as processing de-obligation modifications, obtaining contractor and requiring activity concurrence, preparing the DD-Form 1594 (Contract Completion Statement), and preparing closed files for archiving. Support contractors may perform additional administrative duties, including filing and processing simple administrative modifications. Performing these functions require the contractor employees to have access to the contract file. Therefore, information you provide to the Government or information already in the possession of the Government may be viewed by these support contractors in the course of performing contract close-out functions. The information that may be made available to the contractor may include pricing and technical proposals and performance information.

Naval Medical Logistics Command has signed Non-Disclosure Agreements with each support contractor employee and has required both contractors to provide a Conflict of Interest Mitigation Plan to ensure these employees are firewalled from all business development activity.

By submission of its proposal that was accepted by the Government, the contractor and its subcontractors consent to access of their business sensitive/confidential or proprietary data by the Government’s support contractor personnel in order to perform closeout services.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ Black American.

___ Hispanic American.

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

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

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

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

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

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

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

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

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

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

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

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

[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…