Qualified Member of the Engine Department Combined Synopsis Solication.pdf

MILITARY SEALIFT COMMAND

N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE

Military Sealift Command Combined Synopsis and Solicitation Notice Information

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. Solicitation number is N3220521Q2635 and is being issued as a Request for Quotes (RFQ).

Quotes are due by Friday. 29 October 2021 at 5:00pm Eastern Standard Time.

3. The solicitation document and incorporated provisions and clauses are those in effect through

a. Federal Acquisition Circular (FAC): 2021-07, Effective: 11 August 2021

b. DFARS Publication Notice (DPN): 20210913, Effective: 13 September 2021

4. The associated NAICS code is 611519 and the associated PSC code is U006 for this procurement: NOTE:

A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.

is not being set-aside for small businesses.

is being set-aside for small businesses. The small business size standard is $16.5 Million.

5. The attached pricing spreadsheet lists the Contract Line Item Numbers (CLINs) and items, quantities and units of measure, inclusive of any applicable options.

6.

PERFORMANCE WORK STATEMENT

FOR

QUALIFIED MEMBER OF THE ENGINE DEPARTMENT (QMED) TRAINING FOR

MSC CIVIL SERVICE EMPLOYEES (CIVMARS)

1. BACKGROUND

To provide unlicensed Military Sealift Command (MSC) CIVIL SERVICE MARINERS (CIVMARS) a career path in the Engine Department to earn the Qualified Member of The Engine Department (QMED) endorsement by the United States Coast Guard (USCG). The QMED ratings consisting of 1) Electrician-Refrigeration Engineer, 2) Fireman/Watertender & Oiler (FOWT), and 3) Pumpman/Machinist are essential in the CIVMAR's successful career progression within the Engine department. The essential QMED training, as referenced in the Code of Federal Regulations (46 CFR 12.501), should enhance the CIVMAR's diverse skillsets within a safe working environment.

The QMED rating endorsements required by the Coast Guard are imperative to fostering the safe operation of engineering equipment onboard MSC vessels.

2. SCOPE OF WORK

The Contractor shall provide each CIVMAR attending QMED class the relevant up to date training course materials.

The QMED courses include: 1) Electrician-Refrigeration Engineer; 2) Fireman/Watertender & Oiler (FOWT), and;

3) Pumpman/Machinist. A classroom and simulator environment shall be provided for applicable lectures, hands-on experience, and the demonstration for applying practical knowledge within a real-world shipboard environment. A vital element of the QMED training is for the Contractor to provide a realistic hands-on simulated shipboard experience for MSC CIVMARs to apply their acquired knowledge and practical experience onboard various MSC vessels. The ideal Contractor shall provide MSC CIVMARs real-world simulated shipboard training environment to apply their practical skills and lessons learning in the classroom to acquire the USCG QMED endorsement ratings.

3. PLACE OF PERFORMANCE

The QMED training shall be conducted by the approved Contractor located either within a 30-mile radius of MSC CIVMAR Support Unit (CSU) East in Norfolk, Virginia, located at 471 East C Street, Building SP-312, Norfolk, Va. 23511 or within a 30-mile radius of MSC CSU West in San Diego, California, located at 140 Sylvester Road, San Diego, California 92106. Only a single location is sought. The proximity of the QMED training contractor within a 30-mile radius ideally facilitates MSC CIVMARS travel arrangements to attend training and return to the designated MSC CSU and associated authorized lodging locations.

4. REQUIREMENTS

4.1 The Contractor shall provide the following QMED courses as requested by the COR to accommodate a total of one hundred (100) MSC students for QMED Fireman / Oiler / Watertender (QMEDFOWT), twenty-five (25) MSC students for QMED Electrician / Refrigerating Engineer (QMEDERE), and twenty-five (25) MSC students for QMED Pumpman / Machinist (QMEDPM) per contract year.

The COR and Contractor will coordinate special convene MSC QMED course schedules contingent upon the MSC training requirements for each fiscal year.

The Contractor shall adhere to the Standards of Training, Certification, and Watchkeeping for Seafarers (STCW) as referenced in the Code of Federal Regulations (46 CFR 12.503) for the following QMED courses:

1) Electrician-Refrigeration Engineer

2) Fireman/Watertender & Oiler (FOWT)

3) Pumpman/Machinist

Each scheduled QMED class shall consist of at least two (2) MSC CIVMARs and no more than eighteen (18) MSC CIVMARs per class (or the maximum class limit established by the vendor).

4.2 The Contractor shall provide each MSC CIVMAR student a survey that will be prepared by the Contractor. The Contractor will ensure that students complete the survey for constructive feed-back on each QMED course. The Contractor shall provide a PDF scanned copy of all completed student surveys to the COR via email within two (2) business days of completion of each course.

If a student does not submit a completed survey, the Contractor shall explain via email as to why the survey was not completed and included. QMED instructors are encouraged to review completed surveys and provide an email rebuttal or clarification via the Contractor of any adverse student comments for the COR's review.

Any rating of marginal or unsatisfactory must be addressed with the COR via email within two (2) business days of completion of each course in conjunction with initial student surveys. The Contractor rebuttal or clarification must successfully address the adverse rating to substantiate a rating of Satisfactory or higher.

4.3 The Contractor shall provide each student with a certificate of completion that completes all course requirements with a passing grade. Additionally, the Contractor shall provide a PDF scanned copy of certificates to the COR via email within two (2) business days of completion of each course for the students' training records.

4.4 The Contractor will notify the COR via email within seven (7) business days of the course completion date to advise of any students that are not expected to receive a certificate of completion for the QMED course with a brief explanation to include contractors efforts to facilitate the students success.

The contractor shall offer reasonable assistance for student’s success of course completion.

4.5 The Contractor shall provide MSC CIVMAR students that don't receive a final passing grade an opportunity for three (3) re-tests to obtain a passing grade and certificate of completion within thirty (30) days of the course completion date as indicated by the USCG policy. Re-testing must be coordinated by the Contractor with the COR via email. The Contractor will provide the re-test results to the COR via email within two (2) business days of completion of re-testing.

If re-tested MSC CIVMAR students complete all course requirements with a passing grade, the Contractor shall provide the students with a certificate of completion within two (2) business.

Additionally, a PDF scanned copy of the certificate shall be sent to the COR via email within two (2) business days for the students' training record.

5. TRAINING CLASSROOMS AND FACILITIES SUPPORT

The Contractor will provide access to a safe, furnished facility and all necessary resources required to perform the QMED training courses. The necessary resources which may include, office equipment for student desks and chairs as well as any required training laptops, software, simulation programs, overhead projectors, DVD players, and audio-visual aids as well as any applicable supporting equipment. Additionally, the Contractor will accommodate training through the use of equipment and tools such as drafting tables, workbenches, machinery, equipment or functional systems as necessary.

6. QMED TRAINING COURSES

6.1 QMED Electrician/Refrigerating Engineer courses / the following will be included in the course syllabus.

The course introduction includes the necessary safety procedures, use of hand and power tools, measuring instruments, instrumentation, lubrication principles, hydraulic principles, bearings, pipes, fittings, and valves.

Appropriate equipment may include pumps, fans, and blowers, heat exchangers, deck machinery, remote control equipment, steering systems, compressed air systems, heating/ventilation, steam plant safety, drawings and tables, general maintenance procedures, care of equipment and machine parts, refrigeration principles, refrigeration systems.

Air conditioning and refrigeration system controls, marine refrigeration containers, electronic principles, measuring devices, electrical calculations, electrical safety, A/C circuits, D/C circuits, electrical distribution systems, generating equipment, motors, motor controllers, transformers, batteries, communication devices, electrical maintenance, electrical troubleshooting, communication, hazardous materials, environmental awareness, pollution prevention, engineering space fire prevention, emergency equipment, damage control.

6.2 QMED Fireman-Watertender & Oiler (FOWT) courses / the following will be included in the course syllabus.

Introduction to hand tools via the physical properties of shipboard uses (structural and equipment/systems) of various metals.

Review of pipe, pipe fitting packing, piping valves, and gages. Objectives for heat exchangers, steam traps, and pumps and pump theories.

Interaction with applicable systems includes lubrication and bearings as well as compressed air systems and basic thermodynamics, water boiling, water, and steam properties.

Steam and water cycle, history of marine boilers, boiler construction and components, boiler combustion air systems, boiler operation. Automated boiler control, boiler operator inefficiencies/casualties, and component problems.

Ship orientation of engineering spaces, marine diesel engine history, operating principles, and description of marine types of diesel. Diesel lubricating systems, diesel air intake, scavenging air and supercharging, diesel engine components, diesel engine fuel characteristics, diesel fuel oil systems, fuel injection, and burning. Diesel Cooling water system, diesel starting system, opposed-piston engines, diesel performance.

Steam turbines, main lube oil system, turbine operation, governors and speed control devices, marine gas turbine systems. Main propulsion shafting system, collecting, holding, and transfer system (CHT). Steering systems, ballast systems, bilge systems, marine environment pollution, refrigeration and AC, alternant refrigerants, distillation systems, potable water, care of spare, and idle components/equipment.

Interior communication systems, electrical safety, and shock. Fire classifications, extinguishing agents, equipment, and prevention. Standing watch duties, ratings forming part of an engineering watch (RFPEW).

6.3 Pumpman/Machinist courses / the following will be included in the course syllabus.

Course introduction of necessary safety procedures and use of hand and power tools. Applicable measuring instruments, instrumentation, lubrication principles, hydraulic principles, bearings, pipes, fittings, and valves.

Pumps, fans, and blowers. Heat exchangers, deck machinery, auxiliary machinery, compressed air systems, heating/ventilation, steam plant safety, drawings and tables, general maintenance procedures, care of equipment, and machine parts. Electrical safety, hazardous materials, environmental awareness.

Pollution prevention, engineering space fire prevention, emergency equipment, diesel engine principles, drive systems diesel, lubrication systems diesel, steam fundamentals, ballast systems, bilge systems, damage control, machine shop safety, machine shop familiarization, machine shop equipment, introduction to metals identification and relationship to welding. Welding process/equipment, plasma cutting, communications, remote control equipment, firefighting principles, elementary first aid, Tankship/Dangerous Liquids.

Introduction to tank vessels, physical properties, and chemical properties of oil and chemical cargoes. Hazards associated with handling and transportation of dangerous liquids and petroleum. Tankship safety, gas indicators, pollution prevention, emergency plans/procedures & shipboard alarms, air pollution, oil tanker systems and equipment, Oil tanker operations, cargo system operational characteristics, inert gas systems, crude oil washing, confined space entry.

The Contractor shall provide real-world instruction to an individual or group of students on stationary training devices representing all or part of an operating system.

Specifically, QMED Pumpman Machinist instruction required special welding accommodations with ventilation and required Personal Protection Equipment (PPE), which may not be performed in a traditional classroom.

7. QUALIFIED INSTRUCTORS REQUIREMENTS

The Contractor shall provide the United States Coast Guard (USCG) certified instructors. The Contractor will provide the curriculum and all necessary course materials. The Contractor will revise the curriculum with the COR to align the curriculum with the USGC guidelines and updated industry standards. The Contractor will ensure the supporting material is current and differentiated to facilitate students of varied academic backgrounds.

MSC strongly prefers but does not mandate that the certified instructors have a minimum of 120 days of shipboard life experience while serving with the United States Navy, United States Coast Guard, or MSC experience. Actual shipboard experience is essential for certified instructors to provide students with real-world experience in the engine department.

The table below shows deliverables with Acceptable Quality Levels (AQL):

PERFORMANCE

ELEMENT

ACCURACY TIMELINESS FORMAT Method of Surveillance

Student surveys (PWS 4.2) 98% student surveys shall meet satisfactory or above ratings or are addressed adequately as per PWS 4.2.

98% timely delivered within two (2) business days of completion of course

Via email in PDF format 100% Inspection: COR reviews all survey for constructive feedback.

Adverse comments and rating of satisfactory or less will be addressed with the contractor.

Student certificates of completion (PWS 4.3)

Notification indicated all applicable students 98% accuracy

98% timely delivery within two (2) business days of completion of course

Via email in PDF format 100% Inspection: COR reviews all student certificates for completion and accuracy.

Notification of unsuccessful completion

(PWS 4.4)

Explanation of unsuccessful completion adequately addresses attempts to assist students.

98% timely delivery within seven (7) business days of completion of course

Via email format 100% Inspection: COR reviews all e-mails and ensures timeliness via student’s certificates.

Students not expected to receive a certificate notification (PWS 4.4)

Notification indicated all applicable students 98% accuracy

98% timely e-mail delivery within (7) days of course completion date

Notification via e-mail. 100% Inspection: COR reviews all e-mail notification for timeliness.

Classroom & simulator training (PWS 6.1, 6.2, 6.3)

Training must include all sections of the PWS.

Delivered on time 100% of the time

Classroom & simulator training

Periodic Inspection:

Government may observe classroom & simulator training at any time.

Contract Clause: (FAR 52.222-50) Combating Trafficking in Persons

Contract requirements must meet the terms of

FAR 52.222-50

100% compliance required as per US Zero tolerance policy

In writing or as specified by FAR 52.222-50

Periodic Inspection of the requirements of FAR 52.222-50

8. PERIOD OF PERFORMANCE

Period Length Date of Commencement Date of Completion Base Period One (1) year 19 November 2021 18 November 2022 Option Period One One (1) year 19 November 2022 18 November 2023 Option Period Two One (1) year 19 November 2023 18 November 2024 Option Period Three One (1) year 19 November 2024 18 November 2025 Option Period Four One (1) year 19 November 2025 18 November 2026 Six Month Extension Six (6) months 19 November 2026 18 May 2027

9. CONTRACT ADMINISTRATION AND DATA

Functions and Limitations of the Contracting Officer's Representative (COR):

The COR will represent the Contracting Officer in the administration of technical details within the scope of this Contract and will manage inspection of all deliverables. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have the authority to alter the Contractor's obligations, change the specifications in the Contract, or issue contract modifications. If, as a result of technical discussions, it is desirable to alter contract obligations or the Performance Work Statement, a modification must be issued in writing and signed by the Contracting Officer. The COR is responsible for reviewing all Acceptable Quality Levels (AQL) submissions by the Contractor and for informing the Contracting Officer of areas where exceptions are to be taken. The COR authority is non-delegable.

The COR may be personally liable for unauthorized acts.

The identity of the COR will be provided to the Contractor via separate correspondence on an official COR appointment letter so as not to unduly require excessive contract modifications should CORs be reassigned during the normal course of the performance of his/her duties during the life of the Contract.

10. AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

Except as specified in paragraph 13.2 below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this Contract shall constitute a change under the Changes clause of this Contract.

10.1 The Contractor shall not comply with any order, direction, or request by Government personnel unless it is issued in writing and signed by the Contracting Officer.

10.2 The Contracting Officer is the only person authorized to approve changes in any of the requirements of this Contract and notwithstanding provisions contained elsewhere in this Contract, said authority remains solely the Contracting Officer. In the event the Contractor effects any change in the direction of any person other than the Contracting Officer, the change will be considered to have been made without authorization. Therefore, no adjustments will be made in the Contract price to cover any increase incurred as a result thereof. Any MSC Warranted Contracting Officer within his/her warrant can act in the administration of this Contract. The identity thereof shall be made known to the Contractor via separate correspondence so as not to unduly require excessive contract modifications should Warranted Contracting Officers be reassigned during the normal seminar of the performance of his/her duties during the life of the Contract.

11. INITIAL MEETING

11.1 An initial Contract meeting will be held within fifteen (15) business days after award.

11.2 The Contractor, the COR, and the KO shall arrange a mutually agreeable time and place to meet in person or virtually via a teleconference or phone conference to discuss the work requirements and details.

11.3 The Contractor shall create a set of meeting minutes to be signed by both the COR and the Contractor's POC, summarizing all information discussed during the initial meeting. The meeting minutes shall be provided to the COR within three (3) business days upon completion of the initial meeting.

(End of Performance Work Statement)

7. The Government anticipates a firm-fixed price (FFP) contract will result from this solicitation. As stated in section 8 of the PWS, the awarded contract will include a base period that will run from award date, on or around 19 November 2021, through 18 November 2022

8. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is incorporated by reference. The provision is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

a. Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.

b. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

c. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and “quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.

d. The Government will consider all quotes that are timely received and may consider late quotes.

Failure of a quote to address any items required in the submission package may make a quote unacceptable.

e. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:

In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:

Responsible sources shall provide the following:

1. Completed Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price

2. Total Firm Fixed price

3. Technical Submission Requirements

a. The quote shall contain all pre-award submission/certification requirements as defined in the Performance Work Statement (PWS).

b. Confirmation of current authorization by USCG to instruct QMED training courses listed in PWS

c. Course Syllabus and relevant course information outlining requirements stated in PWS sections 4 through 7

4. Responses to the solicitation are due by Friday, 29 October 2021 at 5:00pm Eastern Standard Time.

Quotes shall be e-mailed to james.p.ellis54.civ@us.navy.mil. To be considered timely, an e-mail quote must be received in its entirety in the designated e-mail inbox by the due date and time for quote submission. Please reference the solicitation number on your quote.

5. Questions regarding this RFQ shall be submitted in writing, via-email, by Friday, 22 October 2021 at 5:00 PM Eastern Standard Time to james.p.ellis54.civ@us.navy.mil.

Primary Point of Contact: Mr. Jim Ellis

(757) 443-5913 James.p.ellis54.civ@us.navy.mil

Secondary Point of Contact: Ms. Juliann Krogh

(757) 597-6220 juliann.b.krogh.civ@us.navy.mil

The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1. Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.

mailto:James.p.ellis54.civ@us.navy.mil

Basis for Award: Award will be made to the responsible, technically acceptable quoter, whose quote, conforming to the combined synopsis/solicitation, offers the lowest evaluated price.

52.252-1 – Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-2 – Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

9. Provision 52.212-2 Evaluation—Commercial Items (Oct 2014) applies to this acquisition.

(a) The Government may award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation offers the lowest priced and whose proposal is technically acceptable. The following factors shall be used to evaluate offers:

(i) technical capability of the services offered to meet the Government requirement;

(ii) price;

To be considered a technically acceptable solution, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement can be met.

The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3.

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

10. All Offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items with its offer.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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 http://www.acquisition.gov/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.acquisition.gov/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

https://www.sam.gov/

“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.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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"--

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

(c) Offerors must complete the following representations when the resulting contract 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--http://www.sam.gov/

(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. 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) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "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) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "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:

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements-- Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American --Free Trade Agreements--Israeli Trade Act":

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

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

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

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

(1) [ ___ ]…