S03_Sol_223Q0040.pdf

COMBINED SYNOPSIS/SOLICITATION

N6230623Q0040 Upgrade and Maintenance of Bertram Training Boat

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 using Simplified Acquisition Procedures for certain Commercial Items per FAR 13 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

Solicitation number, N6230623Q0040, is assigned to this procurement for tracking purposes only and is issued as a request for quote. This solicitation incorporates provisions and clauses that are in effect through the Federal Acquisition Circular 2023-04 effective 02 June 2023 and DFARS Publication Notice effective 17 August 23.

NOTE: All documentation submittal due times are Central local time (Gulfport, Ms).

NOTE: Dates highlighted in Solicitation may change based on award date.

It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses:

https://www.acquisition.gov/far/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

Solicitation is 100% Small Business Set-Aside. The Small Business Size Standard is 1300 employees.

The North American Industry Classification Standard (NAICS) code is 336611 – Shipbuilding and Repairing.

1. The Naval Oceanographic Office (NAVOCEANO), Stennis Space Center, Mississippi has a requirement to provide the upgrade and maintenance of one 46-foot sport fishing boat – Bertram Training Boat. The intent of this overhaul is to return the boat to good working condition. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

The Naval Oceanographic Office (NAVO) intends to issue a single award, firm-fixed price Contract from this solicitation.

It is anticipated that a single contract will be awarded. The requirement is for nine (9) months from date of award with no options to extend the period of performance.

The Government may cancel this solicitation at any time prior to award.

Please indicate above referenced solicitation number in the subject line of emails and all correspondence.

FAR 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition. See below for 52.212-1 addendum.

FAR 52.212-1 ADDENDUM

SUBMISSION REQUIREMENTS

Provide a cover page with the below:

Your legal business name, address, point of contact information, Contractor Unique Entity Identifier and

Cage Code Numbers and authorized POC to sign award.

Ensure FAR 52.204-26 (dated October 2020 or later) and FAR 54.212-3 reflect current representation and certifications. If not, submit a copy of the provision FAR 52.204-24 (dated October 2020 or later) with proposal.

Ensure NIST SP 800-171 DoD Assessment is current in the Supplier Performance Risk System (SPRS system per DFARS 204.7302

• Electronic submission of price shall be through email to Nathan.a.carver.civ@us.navy.mil by 11 September 2023, 10:00 am.

• Provide completed Price Schedule. (Attachment B)

• All documentation submittal due times are local time (CST: Gulfport, Mississippi).

• Please indicate above referenced RFQ number in the subject line of emails and all correspondence.

PRICING

Price must include any applicable discounts.

FAR 52.212-3, Alt I, Offeror Representations and Certifications-Commercial Items, applies to this acquisition.

FAR 52.212-4, Contract Terms and Conditions – Commercial, applies to this acquisition. See below for 52.212-4 addendum.

FAR 52.212-4 ADDENDUM

The following shall apply to this contract in addition to those terms and conditions in FAR 52.212-4.

The specific paragraph of FAR 52.212-4 is tailored as below:

Paragraph (c) Changes: Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exceptions of administrative changes such as changes in paying office, appropriation data, typographical errors, etc., which may be changed unilaterally by the Government. In the case of a Government shutdown, the Government may unilaterally stop work performance in support of this contract.

(W) Paragraph added to incorporate the following:

W.1 Contractor Unique Entity Identifier: TBD at Award W.2 All additional clauses are hereby incorporated by addendum.

W.3 Wage Determination:

W.3.1 Contractor must comply with the most current, at time of proposal due date, Service Contract Act Determination SCA 2015-5147, Revision 20, dated 12/27/2022, Hancock, Harrison, and Jackson Counties, Mississippi. Current rate, at time of Solicitation advertisement, is included. See Attachment 2 SCA 2015-5147.

(End of Clause Addendum)

FAR 52.212-5 Deviation 2018-O0021, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition. See below “ADDITIONAL CLAUSES” for all applicable clauses.

ADDITIONAL CLAUSES: All FAR, DFARS and NMCARS provisions and clauses for commercial supply items apply to this solicitation. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: FAR Site and DFARS Site.

All applicable provisions and clauses are listed after the Performance Work Statement (PWS) below.

COMBINED SYNOPSIS/SOLICITATION SUPPLEMENTAL INFORMATION:

1. SOLICITATION QUESTIONS:

1.1 Questions must be submitted in writing. The questions format is provided as Attachment A, Questions Request Form.

Questions shall be submitted via electronic mail (e-mail) to: Nathan.a.carver.civ@us.navy.mil. Questions will be accepted up to 1:00 p.m., 06 September 2023. All questions and answers will be published via amendment to the solicitation.

2. ATTACHMENTS

Attachment A, Questions Request Form Attachment B, Price Schedule Attachment C, Brand Name Justification and Approval Attachment 2, SCA 2015-5147

PERFORMANCE WORK STATEMENT

Upgrade and Maintenance of Bertram Training Boat

August 31, 2023

2. GENERAL: This is a non-personnel services contract to provide the upgrade and maintenance of one 46-foot sport fishing boat – Bertram Training Boat. The intent of this overhaul is to return the boat to good working condition. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

3. DESCRIPTION OF SERVICES/INTRODUCTION: The contractor shall provide all personnel, equipment, supplies, facilities, tools, materials, supervision, and other items and non-personal services to upgrade and maintenance of one 46-foot sport fishing boat – Bertram Training Boat. The contractor shall perform to the standards in this Contract.

4. GENERAL REQUIREMENTS

4.1. All cabin top equipment shall be through bolted, with 3M 4200 sealant applied, and isolated with 1/8” thick rubber pads.

4.2. All hardware used shall be stainless steel.

4.3. Bertram shall be hauled out of the water and set on blocks in a location at the contractor’s facility where power and water are available.

5. BOAT MAINTENANCE

5.1. Replace all (QTY 4) HVAC units onboard the Bertram with marine rated appropriately sized 220V units.

Consolidating to fewer units with more capacity is acceptable with NAVOCEANO approval. All units shall use modern easily serviceable Freon.

5.2. Replace HVAC raw water pump and associated plumbing.

5.3. Replace all Eisenglass Curtains surrounding the fly-bridge.

5.4. Remove existing cabin window tint. Install new tint on all cabin windows. Ensure replacement tint has highest possible UV rating to ensure as much solar radiation is reflected to minimize heat intrusion into the vessel cabin.

5.5. Remove existing 110v interior lighting throughout vessel. Replace with appropriate marine grade 24V interior LED lighting. Replace all associated wiring and switches. Ensure replacement lights are well integrated into the interior joinery.

5.6. Replace all cutlass bearings on the both shafts and support struts.

5.7. Replace dripless shaft seals for both port and starboard shafts.

5.8. Replace the freshwater plumbing system throughout the vessel with modern marine plumbing. Replace the freshwater on demand freshwater pump.

5.9. Perform overhaul and maintenance of the marine sanitation system on the vessel to ensure system is fully operational and in good working order.

5.10. Empty blackwater tanks onboard the vessel.

5.11. Preform standard haul out bottom job. Inspect hull for any blisters or water intrusion into the fiberglass layers.

Address blisters ass needed and barrio coat. Pressure wash, sand and paint with typical biocide anti fouling paint.

5.12. Replace all anodes on the hull, rudder and shafts.

5.13. Remove 2 propellers, clean, tune, and reinstall.

5.14. Repair or replace all metal flooring trim particularly the trim surround on engine room hatch.

6. BOAT UPGRADES

6.1.1. Perform full overhaul and replacement of helm navigation and control suite to include all mounting, wiring, ancillary hardware and integration. Installation location shall be per NAVOCEANO representative direction.

Equipment shall be the following:

6.1.2. Provide and install Garmin GPSMAP 8616 Chartplotter with Mapping and Sonar

6.1.3. Provide and install Garmin GCV 10 Scanning Sonar Module

6.1.4. Provide and install Garmin GMR Fantom 24x Radar Dome, White

6.1.5. Provide and install Garmin VHF 215 AIS Marine Radio

6.1.6. Provide and install Garmin AIS 800 Blackbox Transceiver

6.1.7. Provide and install Garmin MSC 10 Marine Satellite Compass

6.1.8. Provide and install Garmin GPS 24xd NMEA 2000

6.1.9. Provide and install Garmin GSD 25 Sonar Module

6.1.10. Provide and install Airmar B175 series thru-hull transducer.

6.2. Replace marine upholstery throughout vessel to include all exterior awnings and covers, and interior seating.

6.3. Fabricate and install replacement pieces for all stainless steel railings, stanchions and ladders with continuous welded components.

6.4. Replace aft salon entry door and associated trim. Ensure replacement door is weathertight, lockable and secures in both the open and closed positions to prevent slamming.

6.5. Replace all interior cabinetry with appropriate marine grade non marking materials. Solid-surface materials are preferred for ease of maintenance and cleaning and to minimize damage from wear.

6.6. Rebuild galley to include all cabinetry, sink, and trim. Ensure there is adequate counterspace for food preparation.

Replace mini fridge with full size refrigerator/freezer. Install, wire and secure a microwave.

7. TESTING SUPPORT

7.1. Provide dock space for 60 days.

7.2. Provide a shore power cord.

8. PERIOD OF PERFORMANCE:

8.1. The period of performance shall be nine (9) months from the date of award.

9. PLACE OF PERFORMANCE:

9.1. The work to be performed under this contract will be performed at the contractors’ facility.

10. GOVERNMENT FURNISHED SERVICES

10.1. Upon award of the contract, NAVOCEANO’s Boat Operation Branch will transport the boat via water to the contractor’s facility.

10.2. Upon completion of work, the boats will be transported via water by NAVOCEANO’s Boat Operation branch or

NAVOCEANO’s Transportation Department will arrange for trucks to transport the HSLs out of the contractor’s facility.

10.3. NAVOCEANO COR shall have complete access to the boat during the contract period.

11. SECURITY REQUIREMENTS: The overall classification of this contract is CUI (Controlled Unclassified

Information). Contractor does not require access to classification information in the performance of this contract. All contract personnel shall comply with the directives and policies established in DoD M-5220.22 “National Industrial Security Program Operating Manual”, DoD Instruction 5200.48 (Controlled Unclassified Information) and SECNAVINST 5510.36B “Department of the Navy (DoN) Information Security Program. The contractor does not require access to U.S. Government Information Technology (IT) systems.

11. PERFORMANCE REQUIREMENTS SUMMARY:

11. PERFORMANCE REQUIREMENTS

11.1 This PWS not only discusses work to be performed, but also contains performance standards and acceptable performance levels (APL). Performance standards are "tools" the government uses to measure level of performance. A standard is an optimum performance level against which actual performance can be measured or evaluated.

11.2 QUALITY ASSURANCE:

11.2.1 The COR will inspect for compliance with Contract terms throughout the Contract period. Evaluation will be based on the Contractor’s compliance with the requirements set forth in the Performance Requirements Summary (PRS). The Government will monitor the Contractor's performance under this Contract by performing surveillance using the PRS. The PRS is used primarily to determine if the Contractor is performing all required outputs. The PRS also indicates for contractors the importance of each required service.

11.3 PERFORMANCE REQUIREMENTS SUMMARY TABLE:

Desired Outcomes

Required Service Performance Standard Monitoring Method

Incentives/Disincentives for Meeting or Not Meeting the Acceptable Quality Level

Quality of Service

System/equipment must be 100% operational upon inspection /acceptance by the Government

All work must comply with the Standard & Recommended Practices for Small Craft (American Boat and Yacht Council) and USCG safety requirements All work must be completed within the established time in the contractr Work is completed and PWS compliant upon first inspection. Any deficiencies identified by the COR/TPOC are resolved within 24 hours.

Government inspection and acceptance.

Customer complaint.

Satisfactory or Exceptional ratings on past performance.

Any contractor deficiency in operation or delay of installation of equipment must provide negotiated consideration for deficiency or delay

Quality Control

Services are performed on time without damages to government property

Damages are settled within 5 days, No more than 2 complaints.

Government inspection and acceptance.

Customer complaint.

(a) Satisfactory or Exceptional ratings on past performance.

(b) Any contractor deficiency in operation or delay of installation of equipment must provide negotiated consideration for deficiency or delay

12.

Provision or Clause Alt Date

52.204-7 System for Award Management Oct-18

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

Jun-20

52.204-13 System for Award Management Maintenance Oct-18

52.204-16 Commercial and Government Entity Code Reporting Jul-16

52.204-18 Commercial and Government Entity Code Maintenance Jul-16

52.204-19 Incorporation by Reference of Representations and Certifications

Dec-14

52.204-22 Alternative Line Item Proposal. Jan-17

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Nov-21

52.212-1, Instructions to Offerors-Commercial Products and Commercial Services

Mar-23

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services

Dec-22

52.219-8 Utilization of Small Business Concerns 9DEVIATION 2032- O0002)

Deviation

52.219-28 Post-Award Small Business Program Rerepresentation Mar-23

52.222-3 Convict Labor Jun-03

52.222-21 Prohibition of Segregated Facilities Apr-15

52.222-26 Equal Opportunity Apr-15

52.222-36 Equal Opportunity for Workers with Disabilities Jun-20

52.222-41 Service Contract Labor Standards Aug-18

52.222-42 Statement of Equivalent Rates for Federal Hires May-14

52.222-50 Combating Trafficking in Persons Nov-21

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

Jan-22

52.222-62, Paid Sick Leave Under Executive Order 13706 Jan-22

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

Jun-20

52.223-20 Aerosols. Jun-16

52.223-21 Foams. Jun-16

52.225-13 Restrictions on Certain Foreign Purchases Feb-21

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

Oct-18

252.201-7000 Contracting Officer's Representative Dec-91

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

Sep-11

252.203-7002 Requirement to Inform Employees of Whistleblower Rights Dec-22

252.203-7005 Representation Relating to Compensation of Former DoD Officials

Nov-11

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

Oct-16

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

Jan-23

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

Jan-23

252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation, May-21

252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, Jan-23

252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements

Mar-22

252.204-7020, NIST SP 800-171 DoD Assessment Requirements Jan-23

252.204-7022, Expediting Contract Closeout May-21

252.211-7007 Reporting of Government-Furnished Equipment Mar-22

252.223-7008 Prohibition of Hexavalent Chromium Jan-23

252.225-7001 Buy American Act and Balance of Payments Program Jan-23

252.225-7016 Restriction on Acquisition of Ball and Roller Bearings Jan-23

252.225-7055, Representation Regarding Business Operations with the Maduro Regime

May-22

252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime

Jan-23

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

Dec-18

252.232-7010 Levies on Contract Payments Dec-06

252.232-7017, Accelerating Payments to Small Business Subcontractors— Prohibition on Fees and Consideration

Jan-23

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

Jun-13

252.244-7000 Subcontracts forCommercial Products and Commercial Services

Jan-23

252.246-7003 Notification of Potential Safety Issues Jan-23

252.246-7008 Sources of Electronic Parts May-18

252.247-7023 Transportation of Supplies by Sea Jan-23

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2023-O0002) (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 -

(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 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 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 $850,000 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 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 least 51 percent of the stock of which is owned by one or more women; and

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, 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: ___ .] Note to paragraphs (c)(8) and (9):

Complete paragraphs (c)(8) and (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, 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 Order 11246 -

(1) Previous contracts and compliance. The offeror represents that -

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

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

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

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR 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 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 and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(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.

(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 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:

Line Item No. Country of origin

(4) Trade Agreements Certificate.