Combined_Synopsis-Solicitation_N6328519T0394.pdf

Naval Criminal Investigative Service (NCIS) - Combined Synopsis/Solicitation

Date: February 22, 2019

This is a combined synopsis/solicitation number N6328519T0394 for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined solicitation for commercial items, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation.

This requirement is a commercial item acquisition in accordance with FAR Part 12 Acquisition of

Commercial Items and FAR Part 13 Simplified Acquisition Procedures. Request for Quotes (RFQ) are being requested and a written solicitation will not be issued.

This solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular FAC 2019-01, Effective 20 December 2018 and Defense Federal Regulation

Supplement (DFARS), current to DPN 20180928 (Effective 26 October 2018) Edition. It is the responsibility of the contractor to be familiar with the applicable provisions and clauses which can be accessed in full text at www.farsite.hill.af.mil.

Quotes are due by 11:00 AM Local Washington DC Time, 28 February 2019. Quotes shall be sent via email to Jason.Burr.ctr@ncis.navy.mil with RFQ # N6328519T0394 listed in the subject line.

This requirement is Full and Open Competition; Set Aside Not Used. The North American Industry

Classification System (NAICS) code is 611430- Professional and Management Development Training, with a size standard of $11.0.

CLIN # Description Quantity

Annual (18 day) Advanced, high risk deployment operation course for 6 to 24

NCIS CRFO Personal. In accordance with Performance Work Statement.

Period of Performance 08 March 2019 to 07 March 2020 1 ea

(3) day, Advance law enforcement and/or military operations tactics course for

6 NCIS CRFO personal. In accordance with Performance Work Statement.

Period of Performance 08 March 2019 to 07 March 2020 2 ea

(5) day, Advance law enforcement and/or military operations tactics course for

6 NCIS CRFO personal. In accordance with Performance Work Statement.

Period of Performance 08 March 2019 to 07 March 2020 3 ea

(1) day, Ad-hoc specialized training evolutions as required based on mission requirements for a maximum of 6 NCIS CRFO Personal. In accordance with

Performance Work Statement.

Period of Performance 08 March 2019 to 07 March 2020

3 ea

Annual (18 day) Advanced, high risk deployment operation course for 6 to 24

NCIS CRFO Personal. In accordance with Performance Work Statement.

Period of Performance 08 March 2020 to 07 March 2021

1 ea

(3) day, Advance law enforcement and/or military operations tactics course for

6 NCIS CRFO personal. In accordance with Performance Work Statement.

Period of Performance 08 March 2020 to 07 March 2021

2 ea

(5) day, Advance law enforcement and/or military operations tactics course for

6 NCIS CRFO personal. In accordance with Performance Work Statement.

Period of Performance 08 March 2020 to 07 March 2021

3 ea

(1) day, Ad-hoc specialized training evolutions as required based on mission requirements for a maximum of 6 NCIS CRFO Personal. In accordance with

Performance Work Statement.

Period of Performance 08 March 2020 to 07 March 2021

3 ea

Services shall be performed at the vendor’s location within 300 miles of Federal Law Enforcement

Training Center (FLETC) in Glynco, GA 31524.

Base Year:

CLIN 0001: 08 March 2019 to 07 March 2020

CLIN 0002: 08 March 2019 to 07 March 2020 http://www.farsite.hill.af.mil/

CLIN 0003: 08 March 2019 to 07 March 2020

CLIN 0004: 08 March 2019 to 07 March 2020

Option Year:

CLIN 0101: 08 March 2020 to 07 March 2021

CLIN 0102: 08 March 2020 to 07 March 2021

CLIN 0103: 08 March 2020 to 07 March 2021

CLIN 0104: 08 March 2020 to 07 March 2021

Performance Work Statement (PWS) High Risk Training for a Hostile Deployed Environment

PURPOSE

The purpose of this Performance Work Statement (PWS) is to obtain contractor support to conduct specialized training with a mixture of advanced military and law enforcement tactics needed to ensure the safety of Naval Criminal Investigative Service (NCIS) Contingency Response Field Office (CRFO) personnel and other NCIS personnel throughout the enterprise that are routinely deployed to high risk overseas locations in support of matters of national security. As a civilian law enforcement organization, NCIS agents do not currently receive the same military tactics and combat training needed as the units and commands NCIS supports. Routinely, this support is conducted in support of contingencies and high risk overseas combat operations throughout Africa and the Middle East. Discussions with the Combatant

Commands (COCOMS) and units NCIS supports, which includes special forces and Naval Special Warfare

(NSW) throughout the aforementioned countries has identified the need for NCIS to have advanced training. The training needs to be flexible and adaptable to meet variable missions across the DoD spectrum. This training will enable NCIS personnel to be trained with similar tactics and techniques that the special operations community uses; thus building trust between NCIS and the units they directly support and enhancing agent safety.

BACKGROUND

The Naval Criminal Investigative Service (NCIS) is a federal law enforcement agency charged with conducting investigations of felony-level offenses affecting the Navy and Marine Corps. The NCIS

Contingency Response Field Office (CRFO) is comprised of a Special Agent Corps, Active Duty United

States Navy Members and a small cadre of professional staff. Through a self-sustained, agile and rapidly deployable cadre of agents CRFO supports investigations, operations, intelligence collection, force protection and short-fused contingencies both CONUS and OCONUS. NCIS CRFO, Polygraph and

Forensics routinely deploy civilian Special Agents to high risk, designated combat zones throughout

AFRICA and the Middle East to provide scalable assistance to multiple military units and partner law enforcement and intelligence agencies. After meetings with the Combatant Commands (COCOMS), agency partners, and the special warfare units CRFO supports; it was determined that there was a need for advanced training; which is flexible and adaptable allowing it to be changed to meet the emerging requirements in short notice as determined the respective COCOMS. Due to short notice requests from

Regional Department of Defense Combatant Commanders; NCIS CRFO requires a training contractor who can flex with new training requirements at short notice within hours of notification of new training needs.

The missions CRFO support are often short fused with limited notice to coordinate and plan, and often require a 48-72 hour or less response time. These missions range in size from single agent missions, small two-man assessment teams, up to a squad of 5 to 7 in support of multiple special operations and Naval

Special Warfare (NSW) units. This training will enable NCIS personnel to train with similar tactics and techniques which the special operations community uses; thus building trust between NCIS and the units they directly support and enhance agent safety.

DESCRIPTION OF SERVICES

NCIS CRFO requires contract instructional services to conduct multi-day specialized and advanced law enforcement operations and military tactical training.

1. The training shall be tailored to enhance NCIS CRFO’s ability to operate effectively and safely while conducting a variety of high risk operations in support of DoD CONUS and OCONUS locations throughout Africa and the Middle East.

2. Training will include the following;

a. 1- (18) Day, Annual Advanced, high risk deployment operations course for 6 to 24 NCIS

CRFO personal.

i. NCIS CRFO will notify the contractor at least twenty (20) calendars days to schedule the training.

ii. NCIS CRFO will provide contractor with requested training topics outline in paragraph 3 within fifteen (15) calendars day prior to the start of the training

iii. Contractor will submit draft lesson plans to NCIS CRFO within ten (10) calendar days prior to the start of the training.

iv. NCIS CRFO will provide a list of personal attending the training within seven (7) calendar days prior to the start of the training.

b. 2-(3)Day, Advanced law enforcement and/or military operations tactics course for 6 NCIS

CRFO personal.

i. NCIS CRFO will notify the contractor at least twenty (20) calendars days to schedule training.

ii. NCIS CRFO will provide contractor with requested training topics outline in paragraph 3 within fifteen (15) calendars day prior to the start of the training

iii. Contractor will submit draft lesson plans to NCIS CRFO within ten (10) calendar days prior to the start of the training.

c. 2-(5)Day, Advanced law enforcement and/or military operations tactics course for 6 NCIS

CRFO personal.

i. NCIS CRFO will notify the contractor at least twenty (20) calendars days to schedule the training.

ii. NCIS CRFO will provide vendor with requested training topics outline in paragraph 3 within fifteen (15) calendars day prior to the start of the training

iii. contractor will submit draft lesson plans to NCIS CRFO within ten (10) calendar days prior to the start of the training.

d. 3-(1) Day, Ad-hoc specialized training evolutions as required based on mission requirements for a maximum of 6 NCIS CRFO personal.

i. NCIS CRFO will notify the contractor at least forty (48) hours to schedule training.

ii. NCIS CRFO will provide contractor with requested training topics outline in paragraph 3 at the time of training request. NCIS CRFO will also advise the contractor of any special requests to tailor the training topic to help with meeting

CRFO mission requirements.

iii. NCIS CRFO will provide list of personal attending training within 24 hours to the start of training.

(The 3-day, 5-day and ADHOC specialized training iterations may be combined on an as needed basis depending on mission requirements and time constraints)

3. Training shall provide students with hands-on practical experience, in weapons employment in high risk environments both CONUS and OCONUS. Additionally, the training shall cover the following:

a. Force Protection Tactics Techniques and Procedures,

b. Agent-Operator Psychology

c. Marksmanship-Tactical Marksmanship

d. Vehicle Marksmanship-Tactical Marksmanship Entry and Clearing Operations (CQB)

e. Vehicle CQB

f. Tactical Methods of Entry-Breaching Operations

g. Light Mechanical w/ IED Recognition

h. Agent/Operator Tactical Medicine

i. Vehicle Operations/Dynamics

j. Land Navigation (Foot-Vehicle)

k. High Risk Threat Event Survivability (HRTE)

l. Tactical Stress Events w/Application of all Previously Learned Skills

m. Culmination Tactical Endurance Events w/Application of all Previously Learned Skills

n. Security/Force Protection

o. Executive Survival Programs

p. Employee Survival Programs

q. Hostage Survival Programs

r. Exercise/Scenario Facilitation

s. Physical Security Penetration Cell Operations

4. The contractor shall provide all instructors and safety personnel as needed for the duration of each training iteration. Contractor shall have a standard operating procedures for potential emergency situations to include: medical emergency responses, weather events, and natural disasters.

5. NCIS CRFO shall have the ability to augment the contractor instructors with NCIS instructors throughout the duration of the training.

SPECIFIC REQUIREMENTS AND QUALIFICATIONS

1. The training venue shall have the following;

a. Be no more than 300 miles from CRFO’s headquarters located on board the Federal Law

Enforcement Training Center (FLETC) in Glynco, GA 31524.

b. Be reachable via automobiles for the transfer of NCIS owned arms, ammunition, explosive breaching equipment, and personnel to the training venue.

c. Access to 3000+ acres for their training venue to support multiple live fire training evolutions and Land Navigation Training concurrently.

d. A suitable for 25-meter to 600-meter firearm ranges for weapons of 9MM, .40 Cal, .45 Cal, 5.56MM 7.62MM and mechanical and explosive breaching.

e. A simulated weapons use and live fire facilities for all phases of training.

f. A live fire “shoot house” and “360 degree” range, capable of supporting multiple vehicles with ingress and egress routes.

g. Access to at least 2 water ways to conduct water survivability and boarding operations.

h. Billeting and 3 meals per day available for all attending students and instructors.

2. The lead instructor must have;

a. 15 or more years within the Special Operations Community

b. 20 or more years within the military specializing in providing cutting edge training to the military, law enforcement, corrections and civilian sectors.

c. Operation experience in the Middle East, Far East, or Africa.

3. The contractor will make available their facility and grant access to NCIS CRFO personnel to their ranges, and training areas for specific CRFO training and to allow for the development of NCIS specific training requirements.

PERIOD OF PERFORMANCE

The period of performance of this contract shall be 12 months from date of award.

AUDIENCE

Each class will be comprised of approximately six (6) to twenty-four (24) NCIS personnel to include special agents, investigators, support staff, instructors, and analysts.

COURSE MATERIALS

The contractor will shall provide all materials, training supplies, classroom materials, and equipment for this course, with the exception of weapons, ammunition, explosive and mechanical breaching materials and personal protective equipment for each trainee.

COURSE OBJECTIVES

The goals of the course will include the following.

1. Students will become familiar with the different police/military tactics and weapons skills, agent survival techniques which will increase survivability in high risk CONUS and OCONUS environments. This knowledge will be at an intermediate and advanced levels.

2. Students will enhance their combat arms skills and methods, by learning how to develop approach tactics and strategies aimed specifically at working and living in a deployed high risk environment in support of national security.

3. Students will be afforded the opportunity to personally gain practical experience through the use of simulations, which are similar to potential obstacles and investigations worked in high risk field setting. Additionally, the practical exercises conducted in the courses allow real time audience participation, creating yet another avenue for learning through the observations of others.

QUALITY ASSURANCE SURVEILLANCE PLAN

Purpose: To ensure that the Government has an effective and systematic method of surveillance for the services in the PWS. The QASP will be used primarily as a tool to verify that the contractor is performing all services required by the PWS in a timely, accurate and complete fashion.

1. Critical performance processes and requirements. Critical to the performance of administrative and Program Management Support Services in support of the Naval Criminal Investigative Service

(NCIS) Acquisition and Logistics Department and Global Operations (002G) / Contingency

Response Field Office is the timely, accurate and thorough completion of all contract requirements.

2. Performance Standards:

a. Schedule - The due dates for deliverables and the actual accomplishment of the schedule will be assessed against original due dates and milestones established for the contract or task order(s).

b. Deliverables – The deliverables required to be submitted will be assessed against the specifications for the deliverables detailed in the contract/task order(s) for the required content, quality, timeliness, and accuracy.

c. Past Performance - In addition to any schedule, deliverables, and cost aspects of performance discussed above, pursuant to FAR 42.15, the Government will assess the contractor’s record of conforming to contract requirements and to standards of good workmanship, the contractor’s adherence to contract schedules including the administrative aspects of performance, the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction, and the contractor’s business-like concern for the interest of the customer.

3. Surveillance methods: The primary methods of surveillance used to monitor performance of this contract will include, but not be limited to, random or planned sampling, periodic or inspection, and validated customer complaints.

4. Performance Measurement: Performance will be measured in accordance with the following table:

Performance

Element

Performance

Requirement

Surveillance

Method Frequency

Acceptable

Quality Level

Contract Deliverables

Contract deliverables furnished as prescribed in the PWS, Inspection by the COR 100% inspection of all contract deliverables.

>95% of deliverables submitted timely and without rework required.

Overall Contract

Performance

Overall contract performance of sufficient quality to earn a

Satisfactory (or higher) rating in the COR’s annual report on Contractor

Performance

Overall contract performance of sufficient quality to earn a

Satisfactory (or higher) rating in the COR’s annual report on Contractor

Performance

Annual

All performance elements rated

Satisfactory (or higher)

Invoicing Monthly invoices per contract procedures are timely and accurate.

Review & acceptance of the invoice Annual 100% accuracy

If performance is within acceptable levels, it will be considered to be satisfactory. If not, overall performance may be considered unsatisfactory.

Incentives/Disincentives:

The COR’s makes an annual report on Contractor Performance (CPARS or other annual report).

The contractor’s failure to achieve satisfactory performance under the contract/task order, reflected in the COR’s annual report, may result in termination of the contract/task order and may also result in the loss of future Government contracts/task orders. The contractor’s failure to achieve satisfactory performance under the contract/order may result in the non-exercise of the option period(s).

For each item that does not meet acceptable levels, the Government may issue a Contract

Discrepancy Report (CDR). CDRs will be forwarded to the Contracting Officer with a copy sent to the contractor. The contractor must reply in writing within 5 days of receipt identifying how future occurrences of the problem will be prevented. Based upon the contractor’s past performance and plan to solve the problem, the Contracting Officer will determine if any further action will be taken.

In accordance with the inspection of services provisions of the contract, the contractor will be incentivized to provide quality products in a timely manner since the Government can require the

Contractor, at no additional cost, to replace or correct work that fails to meet contract requirements.

Offerors that fail to furnish required representation or technical information as required by Federal

Acquisition Regulation provisions 52.212-1, Instructions to Offerors or reject the terms and conditions of this solicitation shall be excluded from consideration.

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirement AUG 1996

52.204-7 System for Award Management OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-17 Ownership or Control of Offeror JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.217-5 Evaluation of Options JUL1990

52.219-1 Small Business Program Representations-Alternate I OCT 2014

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

52.252-2 Clauses Incorporated By Reference FEB 1998

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident

Information OCT 2016

252.204-7011 Alternative Line Item Structure SEPT 2011

252.225-7021 Trade Agreements--Basic DEC 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7023 Continuation of Essential Contractor Services OCT 2010

252.239-7018 Supply Chain Risk OCT 2015

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Lowest Price

Technically Acceptable (LPTA).

Award shall be made to the responsive and responsible offeror who has the lowest price and is technically acceptable. Requests having multiple line items shall be analyzed by the total cost of the quote and not by individual item. All items quoted must be new. No partial awards shall be made.

Partial quotes and/or quotes received after the closing date will not be accepted. The RFQ contains the clauses, terms, and conditions acceptable to the Government. Any quote that contains terms or conditions or any other vendor-specific or OEM-specific agreement regardless of how titled or described may be considered unacceptable for award. Vendors are on notice that if they choose to submit a document containing terms and conditions, they are required to demonstrate that those terms and conditions do not conflict with, or differ from, the RFQ’s terms and conditions, as well as statute and regulation (e.g., Federal Acquisition Regulation (FAR) and Defense Federal

Acquisition Regulation Supplement (DFARS)). Compliance with this section is a component of technical acceptability. Accordingly, a quote that contains vendor-specific or OEM-specific terms and conditions that conflict with statutory or regulatory requirements, or are otherwise disadvantageous to the Government as noted above, may be determined unacceptable. Further, NO such terms and conditions will be accepted after award.

(b) 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS NOV 2017

The Offeror shall complete only paragraph (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;

https://www.sam.gov/portal

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International

Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with

13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), 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 will be performed in the United States or its outlying areas. Check all that apply.

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

) is, ( )

(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 ( disabled veteran-owned small business concern.

) is, ( _ ) is not a service-

(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.

https://www.acquisition.gov/

(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.

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

(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 ( owned business concern.

) is, a women-

(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.

(d) Certifications and representations required to implement provisions of Executive Order

11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of

Labor (41 CFR Subparts 60-1 and 60-2), or

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

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

Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of

Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

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

Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,''

``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,''

``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli

Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products

(other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or

Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade

Agreements--Israeli Trade Act'':

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

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy

American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If

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

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

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If

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

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

Israeli Trade Act":

Canadian or Israeli End Products:

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

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or

Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade

Agreements--Israeli Trade Act'':

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

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

Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

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

25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.- made or designated country end products without regard to the restrictions of the Buy American statute. The

Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

(3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a

Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the

IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of…