N6817119Q0033.docx

N6817119Q0033

Section SF 1449 - CONTINUATION SHEET

SOFA 3 SEATS

FFP

In accrodance with the Statement of Work.

FOB: Destination

MILSTRIP: N6258819RC029Z0

PURCHASE REQUEST NUMBER: N6258819RC029Z0

PSC CD: 7210

NET AMT

LOVE SEAT 2 SEATS

In accrodance with the Statement of Work.

FOB: Destination

MILSTRIP: N6258819RC029Z0

NET AMT

ARM CHAIR

In accrodance with the Statement of Work.

FOB: Destination

NET AMT

WORDROBE 2 DOOR

In accrodance with the Statement of Work.

FOB: Destination

NET AMT

QUEEN SIZE BED MATTRESS

In accrodance with the Statement of Work.

FOB: Destination

NET AMT

SINGLE SIZE BED MATTRESS

In accrodance with the Statement of Work.

FOB: Destination

NET AMT

STATEMENT OF WORK

1. Housing Family & Single Sailors Appliances Technical Specifications

Sofa (3-Seats)

NA

2. Delivery Date: NLT 90 days from the date of Award

3. Delivery Site: NSA, Support Site – Housing Office Via Boscariello, 81031 Gricignano d’Aversa (CE) Tel: +39-081.8114242

4. Requirements:

Salient Characteristics of product:

Item #0001 Sofa (3-Seats)

ITEM #0002 Love Seat (2-Seats)

but no less than 52” x 30” x 30” H (132.5cm x 76cm x 76cm)

ITEM #0003 Arm Chair

29” x 30” x 30” H (73.5cm x 76cm x 76cm)

Item #0004 Wardrobe 2 Door

· Light cherry wood color

· Wardrobe (including doors) shall have mounting hardware system for easy (frequent) assembling and disassembling for an easy one to two man transports through narrow access points

· One internal top wooden shelf and a metal clothing rod

· Wardrobe panels assembling hardware: Heavy duty Furniture Cam lock and Nut (metal to metal system)

· Wardrobe finished dimensions: 44-48"W x 24-26"D x 72-84"H (111.5-122cm x 60.9-66.4cm x 182.8-213.4cm)

· Wardrobe panels (top/side/bottom) and doors minimum thickness: 3/4" (19-20mm)

· Wardrobe material shall be of hardwood veneer-core 5-plywood (please note; press wood is not acceptable)

· Top panel shall be finished 3/8" (9-10 mm) thick hardwood edge banding on all edges

· All panels shall be finished with a laminate exposed edges with veneer banding (same color)

· Wardrobe internal metal clothing rod

· Doors shall be come with a minimum of (3) pairs of metal clip type (easily detachable) hinges that can allow the doors to open to a minimum of 120 degrees.

· Handles, out of PLET material (with non-allergic treatment coating) with screws threads on the screw

· Wardrobe adjustable four (4) floor glide supports

· In disassembled condition upon arrival at warehouse acceptance point for easy shipping and storage

ITEM #0007 Queen Bed Sized Mattress

· Anatomic mattress equipped with 700 individual pocketed springs

· Mattress “Lozenge” shaped panel with non-allergenic padding and “Jacquard” fabric

· Memory Foam layer on both sides

· Dark color “Jacquard” fabric cover

· Firestop (flame-retardant barrier)

· Memory Foam min. thickness 20mm – density 65kg/m3

· Padding made of non-allergenic fiber

· Touch Foam min. thickness 25 mm – density 30 kg/m3

· Spring system made of min. 700 individual pocketed springs

· Anti-sinking perimeter box made of high load-bearing fireproof non-deformable expanded polyurethane (min. thickness 45mm)

· Breathable natural air perimeter band

· Ticking shall have the following properties:

· Antimicrobial/antifungal/Antibacterial/Anti-bed bug/Fluid proof/Non-allergenic/Odor free

· Meet (homologated) EU industry standard fire resistance rating of class 1 IM

· Queen mattress dimensions; H 190 (cm) x W 160 (cm) with 22-24 (mm) thickness

· Incased within a plastic/poly shipping bag upon delivery

ITEM #0008 Single Bed Sized Mattress

· Anatomic mattress equipped with 700 individual pocketed springs

· Mattress “Lozenge” shaped panel with non-allergenic padding and “Jacquard” fabric

· Memory Foam layer on both sides

· Dark color “Jacquard” fabric cover

· Firestop (flame-retardant barrier)

· Memory Foam min. thickness 20mm – density 65kg/m3

· Padding made of non-allergenic fiber

· Touch Foam min. thickness 25 mm – density 30 kg/m3

· Spring system made of min. 700 individual pocketed springs

· Anti-sinking perimeter box made of high load-bearing fireproof non-deformable expanded polyurethane (min. thickness 45mm)

· Breathable natural air perimeter band

· Ticking shall have the following properties:

· Antimicrobial/antifungal/Antibacterial/Anti-bed bug/Fluid proof/Non-allergenic/Odor free

· Meet (homologated) EU industry standard fire resistance rating of class 1 IM

· Single mattress dimensions; H 190 (cm) x W 100 (cm) with 22-24 (cm) thickness

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

LELAND JONES

VIA DE LAS STAZIONE ZONA INDUSTRIALE AVERSA N

GRICIGNANO D'AVERSA 81031

0039-081-811-4270 FOB: Destination N62588

N62588

N62588

N62588

N62588

N62588

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

(End of provision)

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.

INSTRUCTION TO QUOTERS

ADDENDUM TO FAR 52.212-1 - INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

It is emphasized that this Request for Quotation (RFQ) is issued in accordance with the procedures of FAR Parts 13.5 and 13.106-2(b)(3), which are intended to streamline source selection and be minimally burdensome for both the Government and the Quoters interested in competing for this requirement. Note also that any references in the RFQ to offer/offeror shall be deemed to mean quotation/quoter.

The following provision is tailored in accordance with FAR Part 12.302(d) and replaces the foregoing provision, FAR 52.212-1, in its entirety:

INSTRUCTIONS TO QUOTERS—COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotations. Submit signed and dated quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotations;

(3) The name, address, and telephone number of the Quoter;

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the Quoter shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the quotation is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for holding quotations firm. The Quoter agrees to hold the prices in its quotation firm for 30 calendar days from the date specified for receipt of quotations, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple quotations. Not applicable.

(f) Late submissions.

(1) Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is “late” and will not be considered unless it is received before issuance of a purchase order and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(g) Issuance of a purchase order. The Government intends to evaluate quotations and issue a purchase order based upon initial quotations received. Therefore, the Quoter’s initial quotation should contain the Quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to request revised quotations from, or negotiate final purchase order terms with, one or more Quoters if it is later determined by the Contracting Officer to be necessary. However, the Contracting Officer will not establish a competitive range, conduct discussions, or otherwise utilize the formal source selection procedures described at FAR Part 15. The Government may reject any or all quotations if such action is in the public interest; issue a purchase order to other than the Quoter with the lowest price; and waive informalities and minor irregularities in quotations received.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all quotations exceeding $3,500, and quotations of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Quoter’s name and address. The Quoter also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Quoter to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Quoter does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Quoter should indicate that it is a Quoter for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quotation, the quotation or acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Requests for information. The Contracting Officer will not notify unsuccessful Quoters that responded to the solicitation nor will they be provided a debriefing. Quoters may request information on purchase orders resulting from this solicitation from the Contracting Officer. If requested, the Government shall disclose the following information, if applicable:

(1)The number or Quoters solicited.

(2)The number of quotations received.

(3) The name of any Quoters receiving a purchase order and the total price of each order.

(4) The general reason(s) the quotation was not accepted.

(End of provision)

ADDITIONAL INSTRUCTIONS TO QUOTERS

Quotes shall be submitted electronically to Sebastiano Paciello and to Arthur Conkwright at the following email addresses:

Email to: Sebastiano.Paciello.IT@eu.navy.mil Arthur.Conkwright@eu.navy.mil

Electronic mail sent to this addresses shall clearly reference the Request for Quotation (RFQ) number, N6817119Q0033, in the subject line. Questions shall be submitted no later than 1000 am hours (Naples, Italy Local Time) Monday, 29 April 2019. Questions submitted after this date and time may not be answered. Other methods of submitting questions are not authorized and will not be acknowledged or addressed.

Quote Delivery: Quoters are advised that delays can be experienced with the Government’s email system. Additionally, the email system capacity for each email is 10 MB. Emails greater than 10 MB will not be delivered and, consequently, will not be considered. Therefore, quotations exceeding the size limit must be sent via multiple emails. Zip Files are not accepted.

Quoters must comply with the detailed instructions in this RFQ for format and content of the quotes; quotes that do not comply may be considered unacceptable and may render the Quoter ineligible for award. The Government reserves the right to select a quote that provides benefit to the Government that exceeds the requirements in the Work Statement but is not required to do so.

Amendments and notices to the RFQ: Amendments and notices will be posted to European Navy Electronic Commerce Online (EURONECO) and Navy Electronic Commerce Online (NECO). It is the vendor’s responsibility to check both EURONECO and NECO for amendments and notices.

Important: The Quoter shall be registered in the System for Award Management (SAM) database prior to award of the contract. SAM website at https://www.sam.gov/portal/public/SAM/.

(1) The quote must be submitted in English and shall be submitted in separated volumes as follows:

Volume I – Technical Capability Volume II – Past Perfomance Volume III – Price

(2) Volume Requirements.

(i) Volume I – Technical Capability.

Quoters shall submit a product description and/or documentation in English (catalogue, brochure, technical specifications and pictures) of the items quoted to include the brand and product model. In case of contract award, quoter shall provide the exact product, brand, model and color being offered.

(ii) Volume II: Past Performance

Quoters shall submit a completed “Attachment 1 – Past Performance Information Sheet,” which describes no more than three relevant contracts completed within the past five years as of the closing date of this RFQ. Include information of any major problems encountered on the contracts listed and the resulting corrective actions taken to resolve them. The information may also include a description of any quality awards earned by the offeror. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government.

The quoter should provide the information requested above for past performance evaluation, or affirmatively state on Attachment 1 that it possesses no relevant directly related or similar past performance.

(iii) Volume III: Price Quotation

SF1449 CLINs pricing scheduled entitled: Supplies/Services - Quoters shall submit prices for all CLINs. In the event the unit price(s) and extended price(s) are ambiguous, the Government will use the indicated unit price(s) for evaluation and award purposes. ALL PRICES SHALL BE IN EURO.

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The Government will award a single Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

Factor I – Technical Capability

Factor II – Past Performance

Factor III – Price

(1) Factor I – Technical Capability

Technical Capability will be evaluated on an Acceptable/Unacceptable basis. The Government will evaluate the documentation submitted to evaluate if the quoted products meet the Government’s salient characteristics.

Factor 1 above will be rated using an “Acceptable” or “Unacceptable” methodology, per Table A1 below.

Table A1 - Technical Ratings

(2) Factor II – Past Performance

Past performance will also be considered and will be rated only on an “acceptable”, “unacceptable”, or “neutral” basis. The Quoter shall describe its past performance on directly related or similar Federal, State and local government, and private contracts and subcontracts which were ongoing or completed within the last five (5) years from the closing date of this RFQ, which are of same or similar scope, magnitude or complexity to that which is detailed in the RFQ (not more than three (3) references). Each Past Performance effort will be preliminarily evaluated for recency AND relevancy. Recency will be defined as those past performance submissions that meet the requirement of having been performed or completed within the past three (3) years from the date of the solicitation release. The Government will evaluate relevancy as follows:

Rating

Definition

After the Government has determined the recency and relevancy of each past performance effort being evaluated, the quality of the Quoter’s performance, general trends, and usefulness of the information shall be incorporated into an overall Past Performance Assessment rating which will be assigned to each Quoter, consistent with the Past Performance Ratings below.

Past performance will be rated on an “acceptable” or “unacceptable” basis using the ratings in Table A2 below.

Table A2 - Past Performance Evaluation Ratings

Note: In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2) (iv)). Therefore, the offeror shall be determined to have neutral past performance. In the context of acceptability/unacceptability, “neutral” shall be considered “acceptable.”

Only quotes that have been evaluated and rated as ‘Acceptable’ in the Technical Capability and ‘Acceptable’ or ‘Neutral’ for Past Performance, will be further evaluated for Price.

(3) Factor III – Price

An adjectival rating will not be assigned to the Price factor. Price Quotes will be evaluated in accordance with FAR 13.106-3. The quoted prices will be analyzed for completeness and a fair and reasonable determination.

A. Completeness. All information/data required by the RFQ has been submitted. In the event the unit price(s) and extended price(s) are ambiguous, the government shall use the indicated unit price(s) for evaluation purposes.

B. Reasonableness. Prices are fully justified, supported and considered fair and reasonable under current market conditions.

The government reserves the right to determine which offers show the capability to meet the requirements of this RFQ. The government reserves the right to eliminate from further consideration those quotes which are considered unacceptable and not capable of being made acceptable without major rewrite or revision.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

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 (u)) of this provision.

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (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, ( ___ ) is not a small business concern.

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

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

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

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

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

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

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

(7) Economically disadvantaged women-owned small 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 ( ___ ) 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.

(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.