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N68335-16-R-0151
Section SF 30 - BLOCK 14 CONTINUATION PAGE
CONTRACT INFORMATION
NAWCAD Lakehurst, NJ
| Contracting Officer | Maria Wells | maria.wells@navy.mil | | 732 323 4667 |
| Contact Specialist | Robert Battaglia | Robert.battaglia@navy.mil | 732 323 7535 | |
Technical POC
Contract Information
This is a 5-year IDIQ Contract Solicitation that will be awarded on a Lowest Priced Technically Acceptable Basis.
The requirements must be met as specified in the VNA Salient Characteristics Document V1-7. An exception to any of the requirements may result in an evaluated rating of “unacceptable”.
CLIN Information:
CLIN 0001 – Represents the guaranteed minimum order of VNAs for the IDIQ in Year 1.
CLIN 0002 – Represents the guaranteed minimum order of Calibration Kits for the IDIQ in Year 1.
CLIN 0003 – Represents the Contract Data Requirements List that is required to qualify the proposed VNA and Calibration Kit for Navy Use. This CLIN is “Not Separately Priced”.
CLIN 1001 – The VNAs ordered on this CLIN are projected to be needed during Year 2 of the IDIQ CLIN 1002 – The Calibration Kits ordered on this CLIN are projected to be needed in Year 2 of the IDIQ CLIN 2001 – The VNAs ordered on this CLIN are projected to be needed during Year 3 of the IDIQ CLIN 2002 – The Calibration Kits ordered on this CLIN are projected to be needed in Year 3 of the IDIQ CLIN 3001 – The VNAs ordered on this CLIN are projected to be needed during Year 4 of the IDIQ CLIN 3002 – The Calibration Kits ordered on this CLIN are projected to be needed in Year 4 of the IDIQ CLIN 4001 – The VNAs ordered on this CLIN are projected to be needed during Year 5 of the IDIQ CLIN 4002 – The Calibration Kits ordered on this CLIN are projected to be needed in Year 5 of the IDIQ
The Contractor is encouraged to propose stepladder pricing to reflect quantity discounts at quantity levels find acceptable. Regardless, the Contractor should consider that while the Government may enter into negotiations in limited circumstances, the intention is to award on initial offers, thus the contractor should propose their best and final pricing in the proposal.
The IDIQ has a maximum ordering quantity of 192 VNAs and 231 Calibration Kits. The maximum quantities identified herein for each CLIN represent the Government’s best estimate of the maximum quantities of anticipated order(s) during that specific ordering period. The CLIN quantities maximums do not impose absolute quantity limits for each ordering period. The maximum quantities for the VNA and Calibration kits are not defined on an annual ordering period basis, but rather are defined by the sum of the quantities across all five annual ordering periods. The Government reserves the right to unilaterally change the maximum annual quantities among the several years, subject to the IDIQ maximum quantity.
All CLINS will be delivered and priced FOB Destination. The delivery destination will be in BEAUFORT SC 29904, or as directed in the delivery order.
Packaging will be best Commercial practices
Follow Instructions is 252-232-7006 for proper entries in WAWF (iRAPT)
STATEMENT OF WORK
STATEMENT OF WORK for NAVAIR METCAL Standards Vector Network Analyzer (VNA)
1. SCOPE:
1.1 This FY16 procurement will be a five (5) year indefinite delivery indefinite quantity (IDIQ) procurement for up to 192 vector network analyzers (VNA) and up to 231 VNA Calibration Kits.
2. APPLICABLE DOCUMENTS:
2.1 MIL-STD-130 Identification Marking of US Military Property
2.2 VNA Salient Characteristics Document (SCD) V1-7
3. REQUIREMENTS:
3.1 The contractor shall deliver VNAs and VNA Calibration Kits in accordance with Attachment 01: VNA Salient Characteristics Version 1-7.
3.2 The contractor shall provide Operator/Maintenance manual(s) with each VNA unit in accordance with CDRL T001.
3.3 The contractor shall provide Technical Manual(s) and/or data sheets with each VNA Calibration Kit in accordance with CDRL T001.
3.4 The contractor shall provide a calibration certificate with data with each VNA unit in accordance with CDRL A001.
3.5 Throughout the life of the IDIQ contract, the contractor shall have a calibration facility traceable to the National Institute of Standards and Technology and have a current Accredited Certificate/ Report of Calibration by an organization accredited to ISO 17025 with headquarters in the United States of America for the calibration of VNA systems of the commercial item or modified commercial item furnished to the government under this procurement.
3.6 The US government shall have limited technical data rights for all technical manuals and documents furnished with the procured commercial items, for the purpose of government use only in duplicating or posting technical documentation to limited access web sites for use by US Government Personnel and Contractors engaged in maintenance, calibration or related logistics activities associated with the procured commercial items in accordance with DFARS 252.227-7015 Technical Data--Commercial Items.
3.7 The contractor shall provide their standard commercial warranty of at least one year for defects in components and workmanship.
3.8 Each system procured shall have a warranty label that reflects the start and end dates of the warranty.
3.9 Each system procured shall have a calibration label affixed indicating the date on which the next calibration is required.
3.10 An Item Unique Identification (IUID) identification plate shall be placed on each VNA system and calibration kit procured. DFARS clause 252-211.7003 is required. A two dimensional Unique Identification (IUID) data matrix conforming to MIL-STD-130 shall be included on the identification plate
3.10.1 At a minimum the information contained on the identification plate shall include the manufacturer’s CAGE code, Part Number and Serial Number.
4 DELIVERY INFORMATION:
DELIVERY INFORMATION TO BE SPECIFED ON THE INDIVIDUAL DELIVERY ORDERS.
Section SF 1449 - CONTINUATION SHEET
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
Vector Network Analyzer
FFP
VNA Required for US Navy Requirement FOB: Destination
MAX
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
Calibration Kit
Calibration Kit Required for US Navy Requirement
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
UNDEFINED
Technical Data
CDRLS A001 and T001
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
Vector Network Analyzer
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
Calibration Kit
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
Vector Network Analyzer
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
Calibration Kit
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
Vector Network Analyzer
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
Calibration Kit
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
Vector Network Analyzer
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
Calibration Kit
MAX
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
| 0003 |
| N/A |
| N/A |
| N/A |
| Government |
| 1001 |
| Destination |
| Government |
| Destination |
| Government |
| 1002 |
| Destination |
| Government |
| Destination |
| Government |
| 2001 |
| Destination |
| Government |
| Destination |
| Government |
| 2002 |
| Destination |
| Government |
| Destination |
| Government |
| 3001 |
| Destination |
| Government |
| Destination |
| Government |
| 3002 |
| Destination |
| Government |
| Destination |
| Government |
| 4001 |
| Destination |
| Government |
| Destination |
| Government |
| 4002 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-6 Alt I |
| Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I |
| OCT 1995 |
| 52.203-17 |
| Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights |
| APR 2014 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-7 |
| System for Award Management |
| JUL 2013 |
| 52.204-13 |
| System for Award Management Maintenance |
| JUL 2013 |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| JUL 2015 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| JUL 2015 |
| 52.211-2 |
| Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) |
| APR 2014 |
| 52.211-15 |
| Defense Priority And Allocation Requirements |
| APR 2008 |
| 52.212-1 |
| Instructions to Offerors--Commercial Items |
| OCT 2015 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| MAY 2015 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.225-25 |
| Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. |
| OCT 2015 |
| 52.226-6 |
| Promoting Excess Food Donation to Nonprofit Organizations |
| MAY 2014 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.247-29 |
| F.O.B. Origin |
| FEB 2006 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 52.247-48 |
| F.O.B. Destination--Evidence Of Shipment |
| FEB 1999 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| FEB 2014 |
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
| 252.204-7015 |
| Disclosure of Information to Litigation Support Contractors |
| FEB 2014 |
| 252.205-7000 |
| Provision Of Information To Cooperative Agreement Holders |
| DEC 1991 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| OCT 2015 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2012 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| FEB 2013 |
| 252.225-7015 |
| Restriction on Acquisition of Hand Or Measuring Tools |
| JUN 2005 |
| 252.225-7016 |
| Restriction On Acquisition Of Ball and Roller Bearings |
| JUN 2011 |
| 252.225-7021 |
| Trade Agreements--Basic (OCT 2015) |
| OCT 2015 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| SEP 2004 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
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 9.105-2(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. |
| 52.209-7 | INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) | | | |
| (a) Definitions. As used in this provision-- | | | |
| “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. | | | |
| “Federal contracts and grants with total value greater than $10,000,000” means-- | | | |
| | (1) The total value of all current, active contracts and grants, including all priced options; and | | |
| | (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). | | |
| “ Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). | | | |
| (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. | | | |
| (c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: | | | |
| | (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: | | |
| | | (i) In a criminal proceeding, a conviction. | |
| | | (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. | |
| | | (iii) In an administrative proceeding, a finding of fault and liability that results in-- | |
| | | | (A) The payment of a monetary fine or penalty of $5,000 or more; or |
| | | | (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. |
| | | (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. | |
| | (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. | | |
| (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database at http://www.acquisition.gov (see 52.204-7). | | | |
| 52.211-8 | TIME OF DELIVERY (JUN 1997) | |
| (a) The Government requires delivery to be made according to the following schedule: | |
| | REQUIRED DELIVERY SCHEDULE |
| WITHIN DAYS AFTER | |
| ITEM NO. | QUANTITY | DATE OF CONTRACT |
| 0001 | 3 | 60 Days After Delivery Order Placement |
| 0002 | 3 | 60 Days After Delivery Order Placement |
| 1001 | 60 | 120 Days After Delivery Order Placement |
| 1002 | 65 | 120 Days After Delivery Order Placement |
| 2001 | 60 | 120 Days After Delivery Order Placement |
| 2002 | 65 | 120 Days After Delivery Order Placement |
| 3001 | 39 | 120 Days After Delivery Order Placement |
| 3002 | 50 | 120 Days After Delivery Order Placement |
| 4001 | 30 | 120 Days After Delivery Order Placement |
| 4002 | 48 | 120 Days After Delivery Order Placement |
The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE (APR 2008)
Any contract awarded as a result of this solicitation will be [ ] DX rated order; [ X ] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.
| 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 is Lowest Price Techncially Acceptable Offer. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. |
| (b) The contract will be an Indefinate-Delivery/Indefinite-Quantity contract provides for an indefinite quantity, within stated limits, of supplies or services during a fixed period. The contract must require the Government to order and the contractor to furnish at least a stated minimum quantity of supplies or services. In addition, if ordered, the contractor must furnish any additional quantities, not to exceed the stated maximum. To evaluate the price of a technically acceptable Oscilloscope, the following unit prices will be averaged, and the lowest average price will be selected. |
| IDIQ Planned Maximum Quantity |
| CLIN |
| Description |
| Ordering Year |
| 1 each unit price |
| 30 each unit price |
| 60 each unit price |
| Average unit price |
| 3 |
| 0001 |
| Vector Network Analyzer |
| 1 |
| 60 |
| 1001 |
| Vector Network Analyzer |
| 2 |
| 60 |
| 2001 |
| Vector Network Analyzer |
| 3 |
| 39 |
| 3001 |
| Vector Network Analyzer |
| 4 |
| 30 |
| 4001 |
| Vector Network Analyzer |
| 5 |
Average VNA Price
| IDIQ Planned Maximum Quantity |
| CLIN |
| Description |
| Ordering Year |
| 1 each unit price |
| 30 each unit price |
| 60 each unit price |
| Average unit price |
| 3 |
| 0002 |
| Vector Network Analyzer Calibration Kit |
| 1 |
| 65 |
| 1002 |
| Vector Network Analyzer Calibration Kit |
| 2 |
| 65 |
| 2002 |
| Vector Network Analyzer Calibration Kit |
| 3 |
| 50 |
| 3002 |
| Vector Network Analyzer Calibration Kit |
| 4 |
| 48 |
| 4002 |
| Vector Network Analyzer Calibration Kit |
| 5 |
Average Calibration Kit Unit Price
Final Evaluated Price of Proposal.
Unit Prices
Evaluated Total Prices
Average VNA price times 192each units
Average Calibration Kit price times 232 each units
Sum of VNA and Calibration Kit Evaluated Total Price
Pricing will be evaluated for apparent unbalanced pricing (FAR 15.404(g)) and may result in rendering a proposal “Unacceptable”.
(c) 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 - COMMERCIAL ITEMS (NOV 2015) - ALT I (OCT 2014) An offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifications electronically via the System for Award Management (SAM) Web site accessed through https://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the offeror shall complete only paragraphs (c) through (p) 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. 359(c). | | | |
| “Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except-- | | | |
| (1) PSC 5510, Lumber and Related Basic Wood Materials; | | |
| (2) Product or Service Group (PSG) 87, Agricultural Supplies; | | |
| (3) PSG 88, Live Animals; | | |
| (4) PSG 89, Subsistence; | | |
| (5) PSC 9410, Crude Grades of Plant Materials; | | |
| (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; | | |
| (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; | | |
| (8) PSC 9610, Ores; | | |
| (9) PSC 9620, Minerals, Natural and Synthetic; and | | |
| (10) PSC 9630, Additive Metal Materials. | | |
| “Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. | | | |
| “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-- | | | |
| (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; | | |
| (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; | | |
| (3) Consist of providing goods or services to marginalized populations of Sudan; | | |
| (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; | | |
| (5) Consist of providing goods or services that are used only to promote health or education; or | | |
| (6) Have been voluntarily suspended. | | |
| “Sensitive technology--”- | | | |
| (1) Means hardware, software, telecommunications equipment, or any other technology which 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. | | | |
| 93Small 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); | |
| (2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. | | |
| “Subsidiary” means an entity in which more than 50 percent of the entity is owned-- | | | |
| (1) Directly by a parent corporation; or | | |
| (2) Through another subsidiary of a parent corporation. | | |
| “Veteran-owned small business concern” means a small business concern- | | | |
| (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and | | |
| (2) The management and daily business operations of which are controlled by one or more veterans. | | |
| “Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. | | | |
| “Women-owned small business concern” means a small business concern - | | | |
| (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and | | |
| (2) Whose management and daily business operations are controlled by one or more women. | | |
| “Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. | | | |
| (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. | | | |
| (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://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 (o) 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 veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. | | |
| (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. | | |
| (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern. | | |
| Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. | | | |
| (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-- | | |
| | (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and | |
| | (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.[The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:_______________________________________________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. | |
| (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-- | | |
| | (i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and | |
| | (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ______________________________________ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. | |
| (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it [ ] is, a women-owned business concern. | | |
| (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:___________________________. | | |
| (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- | | |
| | | (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified in accordance with 13 CFR part 126; and |
| | | (ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: [________________________________]. Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. |
| (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) | | |
| [The offeror shall check the category in which its ownership falls]: | | |
| [ ] Black American. | | |
| [ ] Hispanic American. | | |
| [ ] Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). | | |
| [ ] Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). | | |
| [ ] Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). | | |
| [ ] Individual/concern, other than one of the preceding. | | |
| (d) Representations required to implement provisions of Executive Order 11246 -- | | | |
| (1) Previous contracts and compliance. The offeror represents that -- | | |
| | (i) It [ ] has, [ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and | |
| | (ii) It [ ] has, [ ] has not, filed all required compliance reports. | |
| (2) Affirmative Action Compliance. The offeror represents that -- | | |
| | (i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR 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:
| LINE ITEM NO. |
| COUNTRY OF ORIGIN |
(iii) 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:
| LINE ITEM NO. |
| COUNTRY OF ORIGIN |
| (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. |
| (2) Buy American -- Free Trade Agreements--Israeli Trade Act Certificate, Alternate I. 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.
| (List as necessary) | | |
| (3) Buy American -- Free Trade Agreements--Israeli Trade Act Certificate, Alternate II. 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 Agreement-Israeli Trade Act”: |
Canadian or Israeli End Products
| LINE ITEM NO. |
| COUNTRY OF ORIGIN |
| (4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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:
| LINE ITEM NO. |
| COUNTRY OF ORIGIN |
| (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: | | |
| LINE ITEM NO. | | |
| COUNTRY OF ORIGIN | | |
| | (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 12549). (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. Sec. 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 appeal 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. Sec. 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. Sec. 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 Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]. | | | |
| (1) Listed end products. | | |
| Listed End Product | | | |
| Listed Country of Origin | | | |
| (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]. |
| [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. | |
| [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. | |
| (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-- | |
| (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or |
| (2) [ ] Outside the United States. |
This is the start of the file's text. The full file is on GovTribe.
