RFQ_N0017323QKN04_CH EMULATOR.pdf

SOLICITATION NO. N0017323QKN04

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (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. Solicitation documents and incorporated provisions are those in effect through Federal Acquisition Circular 2023-01, DFARS Publication Notice (DPN) 20221219, and NMCARS 18-22.

General Information

Solicitation Type Request for Quote, FAR Subpart 13.5 Solicitation Number N0017323QKN04 Posted Date April 26, 2023 Response Date / Time May 10, 2023, 5PM EDT NAICS Code 334515 Size Standard 750 employees Product or Service Code 6625 Set-Aside N/A Contract Type Firm Fixed-Price (FFP) Point(s) of Contact Kevin Nguyen, Contract Specialist, kevin.nguyen@nrl.navy.mil Jason Calandruccio, Contracting Officer, Jason.calandruccio@nrl.navy.mil

All changes to this solicitation that occur prior to the closing date will be issued via amendment posted to the announcement on Contract Opportunities (www.sam.gov). It is the responsibility of interested vendors to monitor the announcement for amendments that may be issued to this solicitation. For changes made after the closing date, only those vendors that provide a quote will be provided any changes/amendments and considered for future discussions and/or award.

Questions must be submitted to the Point(s) of Contact listed above no later than five (5) days after the Posted Date.

Requirement Information

The Naval Research Lab (NRL), Communications Countermeasures Section within the Aerospace Electronic Warfare Systems Branch (Code 5731) in Washington, DC has a requirement for the procurement of the items described herein and in Attachment 1.

**This is a “Brand Name or Equal” requirement in accordance with FAR 52.211-6. DO NOT

SUBSTITUTE**

This procurement is for new equipment ONLY, unless otherwise specifically stated. No remanufactured or "gray market" items are acceptable. All equipment must be covered by the manufacturer's warranty.

Vendor shall be an Original Equipment Manufacturer (OEM), an OEM authorized dealer, an authorized distributor, or an authorized reseller for the proposed equipment/system such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions

Offerors are required to submit documentation from the manufacturer stating that they are an authorized distributor/reseller for the specific items being procured.

The requirements have been broken into three separate phases:

1. Basic Award: Upgrade the F8800ARF1 Propsim 24 Channel Emulator to support 64 channels in the 5G FR1 Band: 450 MHz – 6 GHz

2. Option 1: Add the capability to auto-calibrate amplitude and phase for each test setup

3. Option 2: Add 8 additional channels in the 5G FR2 Band: 39 GHz.

At the time of award, a decision will be made as to which of the two optional requirements will be made (none, either, or both).

The anticipated line item structure, as follows, is based on the items outlined in the specifications (Attachment 1):

Basic Award – Upgrade to 64 Channels

Item Schedule of Supplies/Services Qty Unit Unit Price Amount 0001 F8800U-R60 RF Opt. 6 GHz Channel Unit (CU) 5 EA $ $

0002 F8800U-016 Signal BW 160 MHz 8 TRX ports per CU 5 EA $ $

0003 F8800ARF1 (SOLN) Channel Unit, 8 TRX ports 5 EA $ $

0004 R-47-012-C One year maintenance repair and standard calibration;

5 EA $ $

0005 F8800ASTU (SOLN) Upgrades PROPSIM F64 Standard Tools support

1 EA $ $

0006 R-45N-099-A Node-locked license 1 EA $ $

0007 R-46N-001-L 12 months upgrades and support 1 EA $ $

0008 F8800ASHU (SOLN) Upgrade PROPSIM F64 Shadowing support

1 EA $ $

0009 R-45N-099-A Node-locked license 1 EA $ $

0010 R-46N-001-L 12 months upgrades and support 1 EA $ $

0011 F8800AAWU (SOLN) Upgrade PROPSIM F64 AWGN license

1 EA $ $

0012 R-45N-099-A Node-locked license 1 EA $ $

0013 R-46N-001-L 12 months upgrades and support 1 EA $ $

0014 F8800UM16 (SOLN) Upgrades 1 to 16 MIMO CH 1 EA $ $

0015 R-45N-099-A Node-locked license 1 EA $ $

0016 R-46N-001-L 12 months upgrades and support 1 EA $ $

0017 PS-XSUP-AESN1 AEO Solution Support Days to be delivered over 12 months from order

5 EA $ $

0018 Shipping 1 EA $ $

0019 Installation/Training 1 LOT $ $

Total – Base Award $

Option 1 – Add Auto Calibration

F8800C08A Integrated lab setup calibration license for eight

(8) Channel Units

8 EA $ $

Total - Option 1 $

Option 2 – Add 8 5G NR FR2 Channels

0021 E7770A Common Interface Unit 1 EA $ $ 0022 Hardware Support plan, 1 year 1 EA $ $

0023 M1740A mmWave Transceiver for 5G, RF cable N-SMA 4 m, RF cable TNC- SMA 4m

4 EA $ $

0024 F8800AUD1 (SOLN) Remote Radio Head driver 4 EA $ $

0025 R-46N-001-L 12 months upgrades and support, node-locked 4 EA $ $

0026 R-45N-099-A Node-locked license 4 EA $ $

0027 PS-XSUP-AESN1 AEO Solution Support Days to be delivered over 12 months from order

3 EA $ $

0028 F9860A008 (SOLN) PROPSIM GCM 5G mmWave OTA probe mapping option

1 EA $ $

0029 R-46N-001-L 12 months upgrades and support, node-locked 1 EA $ $

0030 R-45N-99-A Node-locked license 1 EA $ $

0031 F9860A006 (SOLN) PROPSIM GCM 5G multi-beam modeling

1 EA $ $

0032 R-46N-001-L 12 months upgrades and support, node-locked 1 EA $ $

0033 R-45N-99-A Node-locked license 1 EA $ $

Total – Option 2 $

TOTAL PRICE $

In accordance with FAR 52.204-22, alternative line items structures that best reflect the Offeror’s practices and proposed items may be submitted.

Training

The Contractor shall provide on-site training for the RF channel emulator to include initial system set up, configuration, and maintenance of the system, as well as the completion of operation tasks.

Warranty

The Contractor shall warranty the complete system, to include any options exercised, for at least one year. This warranty support shall include the rights to and installation of any software updates that are released during the warranty period.

Documentation

The Contractor shall provide complete documentation of the system and subsystems to include a paper and electronic copy of system level documentation, and electronic copy of user and maintenance manuals for all components.

Usage Rights

The Government shall have unlimited rights during and at the completion of the warranty period for the permanent use of the RF channel simulator to include any hardware or software upgrades that were delivered during the warranty period.

Delivery and Other Requirement Information

Estimated Delivery Date 120 days from date of award Delivery Location U.S. Naval Research Laboratory

4555 Overlook Avenue, S.W.

Bldg. 49 – Shipping/Receiving Code 5731 (Michael Asbery) Washington, DC 20375

Inspection / Acceptance

Destination - All items delivered under this action will be inspected/accepted by the Government within thirty (30) days of delivery.

FOB Point Destination

DPAS DO-C9

Quotation Submission Information

(a) Submission:

Quotations shall be submitted electronically via email to the Point(s) of Contact by the Response Date/Time identified in the General Information Section above. A confirmation of receipt will be provided, but it is the sole responsibility of the Offeror to ensure that its response is received in its entirety and in a timely manner.

(b) Quote Requirements:

Offerors shall provide a quote with their proposed products, and pricing, along with product literature for the items being offered so that compliance with the specifications can be evaluated. The quote shall also include:

1. Description of standard commercial warranty and any extended warranty (if not described in the Offeror’s standard terms and conditions), and warranty for underlying subcomponents. Offeror’s warranty terms and conditions must be included as an attachment to the quote and will be included in the contract by addendum.

2. If shipping is not priced as a separate line item, a statement that shipping is included in the overall price of the items.

3. Documentation from the manufacturer stating that they are an authorized distributor for the specific item(s) being procured.

4. Software Licenses - If including a software product in its quotation, Offerors shall provide a summary of its standard federal government software license in its technical quotation. The full software license must be added as an attachment to the quote. If the Offeror does not have a federal government software license, the Offeror shall provide a summary and copy of its commercial software license customarily provided to the public

(c) Company Information:

The Offeror shall ensure the following information is submitted:

Company Name Address CAGE / UEI Number Web Page URL Company point of contract, phone # and mail

(d) System for Award Management (SAM):

Offerors must be registered in SAM (www.sam.gov) in order be considered for award. Offerors shall complete provision FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, included in full-text below. This provision requires the completion of reps and certs in SAM with the completion of paragraph (b) of the provision. If the Offeror has not completed the annual representations and certifications electronically in SAM, the Offeror shall complete only paragraphs (c) through (v) of this provision.

Evaluation and Basis for Award

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. Factors other than price shall be considered, and a Price/Technical Tradeoff analysis of both price and non-price factors will be conducted in evaluating each quote submitted. Trade-off considerations may result in the determination that it is in the best interest of the Government to award to other than the lowest priced offeror or other than the highest technically rated offeror. The following factors shall be used to evaluate offers:

1. Compliance with Specifications

Rating Description Outstanding Quote meets all minimum requirements and exceeds requirements of the RFQ and Attachment 1 Acceptable Quote meets all minimum requirements Marginal Quote meets some minimum requirements Unacceptable Quote does NOT meet any minimum requirements

2. Price Reasonableness

Vendors shall be evaluated based on their total price, with any/all options to maximize performance. Price reasonableness is expected to be based on competitive quotations, but the Government reserves the right to use any of the techniques described at FAR 13.106-3(a)(2).

At the time of contract award, a determination will be made as to which options, if any, will be exercised.

3. Order of Importance:

Based on the factors above, Factor 1 (Compliance with Specifications) is more important than Factor 2 (Price Reasonableness).

(b) Award on Initial Responses; Exchanges with Best-Suited Contractor

The Government anticipates selecting the best-suited contractor from initial responses, and make award without engaging in exchanges [discussions] with vendors. Vendors are strongly encouraged to submit their best technical solutions and price in response to this RFQ. However, the Government may engage in limited exchanges to clarify certain aspects of quotes. Once the Government determines the contractor that is the best-suited (i.e., the apparent successful contractor), the Government reserves the right to communicate with only that contractor to address any remaining issues and revise quotes, if necessary, and finalize an award with that contractor. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined in the sole discretion of the Government, the Government reserves the right to conduct exchanges with the next best-suited contractor and address any remaining issues and revise quotes, if necessary, and finalize an award with that contractor.

(c) Applicable Provisions / Clauses

All clauses and provisions can be found on acquisition.gov.

(d) The following clauses will be incorporated into the resultant award:

Regulation Title Date IBR or

FT*

FAR 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

JUN 2020 IBR

FAR 52.204-13 System for Award Management Maintenance OCT 2018 IBR FAR 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 IBR FAR 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 IBR FAR 52.212-4 Contract Terms and Conditions-Commercial Products and

Commercial Services

NOV 2021 IBR

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services

The following additional FAR clauses cited in this clause are applicable to the acquisition:

• FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (NOV 2021)

• FAR 52.204-10 Reporting Executive Compensation and First- Tier Subcontract Awards (JUN 2020)

• FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021)

• FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021)

• FAR 52.219-8 Utilization of Small Business Concerns (OCT 2022)

• FAR 52.219-28 Post Award Small Business Program Representation (MAR 2023)

• FAR 52.222-3 Convict Labor (JUN 2003)

• FAR 52.222-21 Prohibition of Segregated Facilities (APR

2015)

• FAR 52.222-26 Equal Opportunity (SEPT 2016)

• FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020)

• FAR 52.222-36 Equal Opportunity for Workers with

Disabilities (JUN 2020)

• FAR 52.222-37 Employment Reports on Veterans (JUN

2020)

MAY 2022 FT

IBR or

FT*

• FAR 52.222-40 Notification of Employee Rights Under the

National Labor Relations Act (DEC 2010)

• FAR 52.222-50 Combating Trafficking in Persons (NOV

2021)

• FAR 52.223-18 Encouraging Contractor Policies to Ban Text

Messaging While Driving (JUN 2020)

• FAR 52.225-13 Restrictions on Certain Foreign Purchases

(FEB 2021)

• FAR 52.232-33 Payment by Electronic Funds Transfer-

System for Award Management (OCT 2018) FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

JAN 2022 FT

FAR 52.247-34 F.O.B. Destination NOV 1991 IBR FAR 52.252-2 Clauses Incorporated By Reference FEB 1998 FT FAR 52.252-6 Authorized Deviations In Clauses NOV 2020 FT DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011 IBR

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 IBR DFARS 252.204-7003 Control of Government Personnel Work Product APR 1992 IBR DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016 IBR

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021 IBR

DFARS 252.211-7003 Item Unique Identification and Valuation MAR 2022 FT DFARS 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 IBR DFARS 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 IBR DFARS 252.225-7001 Buy American and Balance of Payments Program JAN 2023 IBR DFARS 252.225-7002 Qualifying Country Sources as Subcontractors MAR 2022 IBR DFARS 252.225-7012 Preference for Certain Domestic Commodities MAR 2022 IBR DFARS 252.225-7048 Export-Controlled Items JUN 2013 IBR DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

MAY 2022 IBR

DFARS 252.225-7972

(Dev)

Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2020-O0015)

MAY 2020 IBR

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019 IBR

DFARS 252.227-7015 Technical Data--Commercial Items FEB 2014 IBR DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data APR 2022 IBR DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018 IBR

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 FT DFARS 252.232-7010 Levies on Contract Payments DEC 2006 IBR DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors—

Prohibition on Fees and Consideration

APR 2020 IBR

DFARS 252.239-7018 Supply Chain Risk FEB 2019 IBR DFARS 252.243-7002 Requests for Equitable Adjustment DEC 2012 IBR DFARS 252.244-7000 Subcontracts for Commercial Items JAN 2021 IBR DFARS 252.246-7008 Sources of Electronic Parts MAY 2018 IBR

*Incorporated by reference or incorporated by full text in resultant award

Addenda to FAR 52.212-4 Contract Terms and Conditions- Commercial Products and Commercial Services

(NOV 2021)

AUTHORIZED GOVERNMENT REPRESENTATIVE

Authorized Government Representative (AGR) for Inspection and Acceptance- Michael Asbery, Section Head, Code 5731, Telephone number: 202-404-3014, email: michael.asbery@nrl.navy.mil

(e) The following provisions are applicable to this solicitation:

FAR 52.204-7 System for Award Management OCT 2018 FAR 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 FAR 52.204-22 Alternative Line Item Proposal JAN 2017 FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment

NOV 2021

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation OCT 2020 FAR 52.209-7 Information Regarding Responsibility Matters OCT 2018 FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services NOV 2021 DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation DEC 2019 DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation

MAY 2021

DFARS 252.215-7008 Only One Offer DEC 2022 DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime MAY 2022

DFARS 252.225-7973

(Dev)

Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems— Representation. (DEVIATION 2020-O0015)

MAY 2020

DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

DFARS 252.239-7017 Notice of Supply Chain Risk DEC 2022

Addenda to FAR 52.212-1 – Instructions to Offerors-Commercial Items (NOV 2021)

FAR 52.212-1(b), Submission of Offers: See additional Quotation Submission Information above

FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (DEC 2022) Alternate I (OCT 2014)

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

(a) Definitions. As used in this provision—

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

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

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

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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"—

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 veteransor, 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 its field of operation, 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 with13 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 at13 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 CFR124.104(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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(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—

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(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 joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and

SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

□ 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 Order11246-

(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 parts 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 http://uscode.house.gov/ 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 and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, 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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical 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 Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___

[List as necessary]

(4) 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 and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical 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 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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ___

(v) 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 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 Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Israeli End Products:

Line Item No.

(3) 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:

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

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

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

Other End Products:

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

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

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

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

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

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

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed.

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial 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. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

(i) Certification Regarding Knowledge of 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 Countries 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.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1).

The offeror □ does □ does not certify that–

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service…