N6264520R0035.docx

N6264520R0035

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 13.5, Simplified Procedures for Certain Commercial Items. This announcement constitutes the only solicitation; a quote is being requested and a written solicitation will not be issued. It is the contractor’s responsibility to be familiar with the applicable FAR and DFARS clauses and provisions. The FAR and DFARS clauses may be accessed in full text at https://acquisition.gov/far/index.html and http://www.acq.osd.mil/dpap/sitemap.html.

The NAICS code is 334510 with a small business size standard of 1250 employees.

This document is linked to Notice of Intent Posting N6264520R0035. The contractor shall submit a quote in response to the requirement to the Naval Medical Logistics Command (NMLC). In accordance with FAR 13.501, NMLC intends to award a single Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract to Millennium Dental Technologies, Inc.

The scope of the requirement is listed in the Performance Work Statement.

The quote shall be submitted no later than 1400 Eastern Time, 10 August 2020.

Corrective and Annual Maintenance

FFP

The contractor shall provide corrective and annual routine maintenance for PerioLase MVP-7 Surgical Laser Systems in accordance with the Performance Work Statement and Attachment 3 – Corrective and Annual Routine Maintenance Terms.

FOB: Destination

PSC CD: 6515

MAX

NET AMT

Curriculum and License Fee

FFP

The contractor shall provide curriculum and licenses for the LANAP/LAPIP Training Continuum in accordance with the Performance Work Statement.

PSC CD: 6515

MAX

NET AMT

PWS

Service Requirements Review Board (SRRB) Unique Identification (UID) Number: 62645205407

1. General. The Naval Medical Logistics Command (NMLC) has a requirement for corrective and annual routine maintenance and training curriculum/licenses for PerioLase® MVP-7 Surgical Laser systems for various Navy Medical Treatment Facilities (MTFs) worldwide. The location of each laser system will be identified in the task order.

2. Scope. The contractor shall provide corrective and annual maintenance and training curriculum/licenses for PerioLase® MVP-7 Surgical Laser systems. Over the term of the contract, the contractor shall provide corrective and annual maintenance for up to 200 units and up to 25 training curriculum/licenses for Naval Postgraduate Dental School (NPDS) trained residents.

2.1. The corrective and annual maintenance shall cover the cost of all required repairs including both parts and labor, to the operational or functional parts in the case of failure due to: a) manufacturing defects, b) the end of the expected useful life of the part, and c) the premature or unexpected failure of the part of the dental laser system. Terms and conditions can be found at Attachment 3 –Corrective and Annual Routine Maintenance Terms.

2.2. The contractor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor or authorized reseller such that OEM corrective and annual routine maintenance are provided and maintained by the OEM. All software licensing, and corrective and annual routine maintenance associated with the equipment/system shall be in accordance with the OEM terms and conditions.

2.3. The contractor shall provide Original Equipment Manufacturer (OEM) end user training curriculum/licenses to perform Laser Assisted New Attachment Procedure (LANAP) and Laser Assisted Peri-Implant Procedure (LAPIP) protocol while executing periodontal procedures.

2.4 Under no circumstances shall the contractor assume a verbal or written inquiry as authorization to provide services not specifically covered by the terms of the contract.

3. Contractor Personnel Qualifications

3.1. Personnel assigned to or utilized by the contractor in the performance of this contract shall be fully capable of performing in an efficient, reliable, and professional manner.

3.2. All work shall be performed by contractor personnel with OEM service training for PerioLase® MVP-7 Surgical Laser systems.

4. Corrective and Annual Routine Maintenance Performance Requirements.

The contractor shall provide equipment maintenance services for the PerioLase® MVP-7 Surgical Laser systems to include all annual planned routine maintenance and unscheduled corrective maintenance, as outlined in Attachment 3 – Corrective and Annual Routine Maintenance Terms. The PerioLase® MVP-7 Surgical Laser systems will be shipped from and returned to the MTF and contractor’s repair facility for all corrective and annual routine maintenance. Shipping will not be billed separately.

4.1. Corrective Maintenance.

4.1.1. The contractor shall provide for any corrective maintenance services necessary to maintain the PerioLase® MVP-7 Surgical Laser systems within OEM specifications and in accordance with any applicable Food and Drug Administrative (FDA) requirements. The corrective maintenance shall include all required repairs, including both parts and labor, to the operational or functional parts in the case of failure due to a) manufacturing defects, b) the end of the expected useful life of the part, and c) the premature or unexpected failure of the part, of the PerioLase with exceptions of: a) failures that are the result of nature or natural disaster, e.g. freezing or, b) failures caused by the operator or staff using the PerioLase in a manner contrary to MDT, Inc., training or the PerioLase Operators Manual instructions.

4.2. Annual Routine Maintenance.

4.2.1. The contractor shall perform scheduled annual routine maintenance in accordance with OEM specifications/standards once per year in accordance with Attachment 3 – Corrective and Annual Routine Maintenance Terms.

4.2.2. Corrective maintenance shall not substitute for scheduled annual routine maintenance unless the corrective maintenance is within the approved annual routine maintenance timeframe and all annual routine maintenance procedures are followed.

4.2.3. Annual routine maintenance shall be scheduled at least three months in advance of the service date.

4.3. Parts. The contractor shall supply OEM approved parts for all repairs necessary to restore equipment to OEM specifications. All replacement parts shall be guaranteed to be equal or better in all respects (performance, durability, quality, and compatibility) to new parts specified for use by the OEM.

4.3.1. The contractor shall provide all tools, equipment, parts, and supplies required to perform maintenance and repairs. The contractor shall provide all diagnostic and operating software required to test, troubleshoot, and repair systems. The contractor shall provide expendable consumables which may include batteries, light bulbs, fuses, etc. The contractor’s supplies and equipment shall comply with Federal, State, municipal, and industry or OEM specifications.

4.4. Modification. The PerioLase® MVP-7 Surgical Laser systems covered by this contract shall not be modified from OEM specifications. Equipment improvement/modifications shall be made only upon written approval and direction from the Contracting Officer.

4.5. Service Event Documentation. Upon completion of each annual and preventative maintenance, the contractor shall provide a copy of the Service Report to the MTF representative designated in the task order within five business days. The contractor shall submit a copy of all Service Reports for the month to the Technical Liaison by the 10th day of the following month. Each Service Report must legibly and thoroughly document the following information:

· Contract number and task order number

· Arrival date/time, Departure date/time of the equipment to the contractor’s facility

· Problem reported by user

· Problem identified

· Service performed and parts used

· Problem resolution or pending action

5. Curriculum and Licenses for LANAP and LAPIP Protocols

5.1. Certified Institute for Advanced Laser Dentistry (IALD) US Navy Instructors at the NPDS teach the LANAP/LAPIP Training Continuum TM to residents and active duty Periodontists. The contractor shall provide a curriculum and license for each resident/Periodontist participating in the Training Continuum TM. The quantity and delivery date for curriculum and licenses will be specified in the task order.

6. Quality Assurance Surveillance Plan (QASP) Matrix

6.1. Refer to Attachment 4 – QASP.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

20-SEP-2025

SEE DO/TO

SEE DELIVERY/TASK ORDERS

FOR SHIP TO/ PAYMENT INSTRUCTIONS

SEE DO/TO MD

SEE ORDER

N62645

20-SEP-2025

N62645

TECHNICAL LIAISON

The Technical Liaison will be identified at contract award.

SPECIAL CONTRACT REQUIREMENTS

NOTE 1: Before submitting a quote in response to Task Order Quote Requests, the contractor is encouraged to investigate the potential tax consequences should they elect to perform on the resulting contract by using individuals who are not carried on their payrolls as employees. Under this contract or its task orders, the Navy does not dictate whether the individual contract workers be classified by the successful offeror as an "independent contractor" or an "employee” for federal tax purposes. This determination shall be made solely by the offeror. If subsequent to award the successful offeror's determination is challenged, this shall be a matter to be resolved between the offeror and the Internal Revenue Service. The Navy will not consider favorably any request for the equitable adjustment to the contract upon the successful offeror's receipt of an adverse action by the IRS.

NOTE 2: It is the contractor’s responsibility to be aware of applicable federal, state and local laws and regulations concerning wage compensation (e.g. overtime) to contract workers. The Navy will not consider favorably any request for an equitable adjustment to the contract upon the contractor’s receipt of adverse action by a federal, state or local agency.

1. TASK ORDER CONTRACT

1.1 AWARDS OF INITIAL REQUIREMENTS/MINIMUM GUARANTEE

1.1.1. Initial requirements (minimum guarantee) will be awarded under task orders after the basic contract has been awarded. Initial Requirements are outlined in Attachment 1 – Pricing Workbook for N6264520R0035. The Government reserves the right to adjust the initial requirements based on need and/or available funding.

1.2. AWARDS OF SUBSEQUENT TASK ORDERS

1.2.1. Services will be procured via the award of Task Orders issued against the basic contract. Task Orders will be awarded on a firm fixed price basis. Task Order will be issued via a SF 1449 signed by the Contracting Officer and will be transmitted electronically via e-mail.

1.3. The resultant contract shall be performed in accordance with the detailed obligations to which the contractor committed itself to in its quote dated (to be filled in at contract award) in response to NMLC Combined Synopsis/Solicitation N6264520R0035.

1.4. The contractor shall not engage a teaming partner (subcontractor, partner, mentor, protégé, parent company, sister company, etc.) that is not mentioned in their Business quote to procure services under the resultant contract without prior written approval of the Contracting Officer. Changes regarding teaming partners or duties and roles of the teaming partners as described in the Business and Technical quotes shall not be made under the resultant contract without prior written consent of the Contracting Officer.

1.5. The contractor shall furnish qualified workers in accordance with the Performance Work Statement, individual Task Orders for these services, and all other terms and conditions set forth herein. Government requirements for contracted workers shall be filled in response to Task Orders issued by the Government against the contract.

1.6. The following activity is the sole authority to issue Task Orders:

Naval Medical Logistics Command Acquisition Management and Analytics Directorate, Code 05 693 Neiman Street Fort Detrick, MD 21702

1.7. Each Task Order will contain at a minimum the following information:

1.8. Location of services. The work shall be performed at the contractor’s facility. The location of the contractor’s facility shall be within the continental United States (CONUS).

1.9. The estimated ordering period is for 60 months, beginning at the start of contract services, or until the time the Government has issued Task Orders totaling the sum of the maximum quantities in the resultant contract. The period of performance for the base period or any option periods of a Task Order shall be of one year or less in duration.

2. OPTION PERIODS UNDER TASK ORDERS

2.1. The Government at its sole discretion may issue Task Orders with a base period of performance as well as option periods that provide for continued performance of the Task Order. Task Orders issued with option periods will include FAR clause 52.217-9 “Option to Extend the Term of the Contract.”

2.2. Option periods will be exercised in writing by the issuance of Task Order modifications.

2.2.1. Task order modifications will be issued unilaterally by the Contracting Officer when the written notices required by FAR 52.217-9, if included, have been provided within the timeframes listed therein.

2.2.2. Task order modifications may be issued bilaterally as agreed upon by the Contracting Officer and the contractor in cases where the written notices or timeframes required by FAR 52.217-9, if included, have not been met.

2.2.3. Provision 52.217-5 and clause 52.217-9 are for the purposes of inclusion on the Task Order if the Contracting Officer determines options are applicable.

3. PRIOR WRITTEN PERMISSION REQUIRED FOR SUBCONTRACTS

3.1. None of the services required by this contract shall be subcontracted to or performed by persons other than the contractor or the contractor's employees without the prior written consent of the Contracting Officer.

4. RESTRICTION ON THE USE OF GOVERNMENT-AFFILIATED PERSONNEL

5.1. Except in very limited cases, the federal criminal statutes at 18 USC 203 and 18 USC 205 bar Government personnel, both active duty and civil service, from working as a contractor employee in a Government workplace, including a medical treatment facility, either as a second job ("moonlighting") or while on terminal leave. The contractor agrees that, before making an employment offer to an active duty member or a civil servant, it shall inform the individual of the potential applicability of these statutes and further agrees to encourage that individual to seek an advisory opinion from his/her local ethics counsel before accepting an employment offer. In addition, without the prior written approval of the contracting officer, the contractor shall not use in the performance of this contract any persons currently performing medical or dental services under other Navy contracts.

5. NOTICE REGARDING THE DISSEMINATION OF EXPORT-CONTROLLED TECHNICAL DATA

(a) Export of information contained herein, which includes release to foreign nationals within the United States, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITARS), or the Department of Commerce for items controlled by the Export Administration Regulations (EAR), may constitute a violation of law.

(b) For violation of export laws, the contractor, its employees, officials or agents are subject to:

(c) The Government will not be liable for any unauthorized use or release of export-controlled information, technical data or specifications in this contract.

(d) The contractor shall include the provisions or paragraphs (a) through (c) above in any subcontracts awarded under this contract.

6. PERFORMANCE BY FOREIGN NATIONALS OR FOREIGN OWNERSHIP, CONTROL OR INFLUENCE (FOCI) ORGANIZATIONS

6.1. In accordance with 8 U.S.C.1324a, it is unlawful to hire for employment in the U.S. an individual without verifying that individual’s employment authorization. 8 CFR 274a.2 VERIFICATION OF EMPLOYMENT ELIGIBILITY identifies the official documents that establish employment eligibility.

6.2. Prior to performance of work by a foreign national as a result of this contract, the employer shall provide the Contracting Officer the name of the foreign national and identify the type of form(s) produced for verification of employment status.

6.3. Should the foreign national’s performance require access to DoD facilities, the employer shall coordinate with the sponsor providing access, in order to submit the following:

6.3.1. This information shall be forwarded to the Contracting Officer at least thirty days prior to the visit taking place. Failure to provide this information within this time frame may prevent the individual(s) from entry into the DoD facilities.

6.4. The offeror shall disclose if the company (or individual) is a FOCI. A FOCI organization includes sole proprietorships, partnerships, and corporations, and the divisions and subsidiaries of the corporation where: (a) 51% or more of the controlling (voting) stock is foreign-owned; or (b) parent organization is incorporated or otherwise charted in a country foreign to the U.S.; and (c) the organization is not performing a state function (any organization performing a state function falls under IPO authority). A division or subsidiary of an organization having a location in the U.S. is still considered FOCI if the parent corporation is a FOCI. A university, college, or not-for-profit organization that is chartered, incorporated, or otherwise called into being in a country foreign to the U.S. and not performing a state function is FOCI. A FOCI person is a non-U.S. citizen. Resident aliens are considered FOCI for licensing and technology transfer purposes. Approval by the U.S. Trade Representative may be required prior to executing a contract with a FOCI.

7. AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates 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.

8. CONTRACTOR'S QUOTE

8.1. Performance of this contract by the contractor shall be conducted and performed in accordance with detailed obligations to which the contractor committed itself in quote dated (To be filled in at contract award).

9. INDEMNIFICATION

9.1. The awardee agrees to indemnify and hold the Government harmless from any liability, loss or damage the Government may suffer as a result of claims, demands, costs or judgments against the awardee and/or the Government arising out of the activities to be carried out by the awardee pursuant to the obligations of this contract.

9.2. The awardee shall maintain in force during the term of this contract adequate insurance to cover its indemnification obligations hereunder, to include workers’ compensation insurance.

9.3. The awardee shall promptly notify the Contracting Officer of any occurrence, action, or claim that might trigger a claim against the Government pursuant to the contractor’s performance under this contract; furnish the proof or evidence of any claim, loss, or damage in the form and manner that the Government requires; and, immediately provide copies of all pertinent documents that the awardee receives or has received.

9.4. The Government may, participate in the settlement or defense of the claim or action that triggers liability for the Government pursuant to the Contractor’s performance under this contract.

9.5. If the awardee has an obligation to indemnify a subcontractor under any subcontract at any tier under this contract, and the subcontractor has an obligation to indemnify the Government for the same matter, the awardee shall indemnify the Government to the same extent that obligation shall extend to the Government if a party to the claim or action.

9.6. The rights and obligations of the parties under this clause shall survive the termination, expiration, or completion of this contract.

10. ORGANIZATIONAL CONFLICT OF INTEREST (JAN 1992) (NAVSUP)

10.1. This clause provides examples of certain organizational conflicts of interest which are prescribed by Federal Acquisition Regulation Subpart 9.5. The two (2) underlying principles which this clause seeks to implement are preventing the existence of conflicting roles that might bias a contractor's judgment and preventing unfair competitive advantage. The following subsections prescribe certain limitations on contracting as the means of avoiding, neutralizing or mitigating organizational conflicts of interest.

10.2. If, under this contract, the contractor will provide systems engineering and technical direction for a system, but does not have overall contractual responsibility for its development, integration, assembly, checkout or production, the contractor shall not be awarded a subsequent contract to supply the system or any of its major components, or to act as consultant to a supplier of any system, subsystem, or major component utilized for or in connection with any item or other matter that is (directly or indirectly) the subject of the systems engineering and technical direction. The term of this prohibition shall endure for the entire period of this contract and for two (2) years thereafter.

10.3. If, under this contract, the contractor will prepare and furnish complete specifications covering nondevelopmental items, to be used in a competitive acquisition, the contractor shall not be permitted to furnish these items, either as a prime or subcontractor. The term of this prohibition shall endure for the entire period of this contract performance and for either two (2) years thereafter or the duration of the initial production contract whichever is longer. This rule shall not apply to contractors who furnish specifications or data at Government request or to situations in which contractors act as Government representatives to help Government agencies prepare, refine or coordinate specifications, provided this assistance is supervised and controlled by Government representatives.

10.4. If, under this contract, the contractor will prepare or assist in preparing a work statement to be used in competitively acquiring a system or services, the contractor shall not supply the system, its major components, or the service unless the contractor is the sole source, the contractor has participated in the development and design work, or more than one contractor has been involved in preparing the work statement.

10.5. If, under this contract, the contractor will provide technical evaluation of products or advisory and assistance services, the contractor shall not provide such services if the services relate to the contractor's own or a competitor's products or services unless proper safeguards are established to ensure objectivity.

10.6. If, under this contract, the contractor gains access to proprietary or source selection information of other companies in performing advisory assistance services for the Government, the contractor agrees to protect this information from unauthorized use or disclosure and to refrain from using the information for any purpose other than that for which it was furnished. A separate agreement shall be entered into between the contractor and the company whose proprietary information is the subject of this restriction. A copy of this agreement shall be provided to the Contracting Officer.

11. ELECTRONIC TRANSMISSION OF PROPRIETARY DATA

11.1. The contractor shall be fully capable and willing to electronically transmit proprietary data to the Government. This data may consist of contract deliverables or pricing data required for quote evaluation. Any software required by the Government to receive the contractor-transmitted proprietary data that the Government does not already possess shall be provided by the contractor at no cost to the Government. Instructions regarding the handling of classified information will be defined at the task order level if a clearance is required.

12. CONTRACTOR PERSONNEL IDENTIFICATION. Contractor workers shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. Contractor personnel shall also appropriately identify themselves as contractor workers in telephone conversations and in formal and informal written correspondence.

12.1. Contractor personnel, while performing in a contractor capacity, are prohibited from using their retired or reserve component military rank or title in written or verbal communications associated with the contract under which they provide services.

13. ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

13.1. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Navy via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

13.2. 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.

13.3. 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://ecmra.mil.

14. CONTRACTOR SUPPORT - NOTICE: NMLC USE OF SUPPORT CONTRACTOR FOR CONTRACT CLOSEOUT FUNCTIONS

14.1. 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, the National Industries for the Blind, and the Ability One Program, doing business under the authority of the Javits-Wagner O’Day Act (41 U.S.C. § 47).

14.2. 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 workers 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 quotes and performance information.

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

14.4. By submission of its quote 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

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

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

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

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

(b) The Offeror represents that--

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

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

(End of provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2020) ALTERNATE I (OCT 2014)

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

(a) Definitions. As used in this provision-- “Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. 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 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

(c) Offerors must complete the following representations when the resulting contract is 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…