Final SOW_for Less Than Lethal Weapons1_(3).docx

United States State Department

United States Embassy Kingston

Bureau of International Narcotics and Law Enforcement Affairs (INL) Less Than Lethal Weapons Jamaica Constabulary Force

RFQ # SINLECQ150004

I. STATEMENT OF WORK (SOW)

1. Purpose The purpose of this document is to provide interested vendors with a specifications list for items needed to be procured for The U.S. Department of State, Bureau of International Narcotics and Law Enforcement (INL-B), U.S. Embassy Kingston, Jamaica Constabulary Force.

2. Background

The Bureau of International Narcotics and Law Enforcement Affairs (INL) is responsible for the development, supervision, coordination, and implementation of international narcotics control assistance activities and international criminal justice issues for the US Department of State (DOS). The U.S. Department of State, Bureau of International Narcotics and Law Enforcement (INL-B), U.S. Embassy Kingston has a requirement to provide the second batch of less than lethal weapons to support the transformation of the Jamaica Constabulary Force (JCF). This second batch of equipment should satisfy the purchase of the less than lethal to assist with the transformation of the Jamaica Constabulary Force

3. SCHEDULE OF SUPPLIES:

4. Specifications for Supplies

A. Duty Belts (CLIN 0001, CLIN 0002, CLIN 0003)

· BIANCHI DUTY GEAR- ACCUMOLD ELITE 7950 DUTY BELT PLAIN BLACK or Equivalent

· Sizes 34”-40”, 40”-46”, and 46”-52”

· Four Part Laminate constructions

· Weather tolerant to tropical climate

· Duraskin exterior finish with loop lining

· 3 point tri-release shatter resistance polymer buckle

· Closed cell foam for comfort and support

· Belt width 2.25 inches

· Accommodates standard accessories

· Color - Plain Black

B. Belt Keepers (CLIN 0004)

· BIANCHI DUTY GEAR - ACCUMOLD ELITE 7906 BELT KEEPERS 4-PACK - For 2.25" (58mm) or Equivalent

· 4 Pack to fit 2.25” belt width

· 4 belt keepers per package

· Hidden snap enclosure

· Colour- Plain black with tri-laminate construction

· Weather tolerant- for Tropical climate

· Compatible with Duty belt

C. OC Mace Holder (CLIN 0005)

· BIANCHI DUTY GEAR - ACCUMOLD ELITE 7907 OC/MACE SPRAY POUCH or Equivalent

· Hidden Snap closure

· Plain black Duraskin exterior finish

· Molded and contoured

· Tri-Laminate construction with lining

· Weather tolerant- for Tropical climate

· Dual web belt loop design to accommodate 2.25 inch belt

· Full flap cover to secure and protect canister

· Compatible with the duty belt

D. Covered Hand Cuff Case (CLIN 0006)

· BIANCHI DUTY GEAR - ACCUMOLD ELITE 7900 COVERED CUFF CASE or Equivalent

· Covered case holds one pair of chain linked cuffs

· Hidden snap closure

· Plain black tri-laminate construction with lining

· Weather tolerant- Consider tropical weather

· Dual web belt loop design accommodates 2-2.25 inch belt

· Compatible with - Duty Belt

E. Chain Link Handcuff – with Nickel Finish (CLIN 0007)

· Able to fit in Covered Cuff Case listed in 4D.

· Engraved with “JCF”

· Nickel Finish

· The initials “JCF” is centered between the two upper rivets with 1/16 of an inch on either sides of the initials

· Height of font 2/16 on an inch

· Font – Times Roman Family (Outline) Engraved in the Cuff

· Two Keys supplied

· Interlock mechanism

· Spun rivet construction

· Smooth ratcheting action

· Push pin double lock

· The engraving of “JCF” must be clearly visible, must be permanent and must not damage the finished product.

F. Expandable 26” Baton (CLIN 0008)

· Monadnock AutoLock Baton 26" Expandable or Equivalent

· Expandable

· Auto lock design

· 4130 alloy steel machined tube construction

· High Friction rubber grip. Resistant in tropical weather

· Primary strike tube dimension 7/8 inches

· Grip dimension 1.25 inches

· Length (open) 26”

· Length (closed) 10 “

· Weight 26.6 ounces

· Broad strike end cap ( minimize injury , lacerations and impalement)

· Rattle reducing technology

· Black Zinc

· Engraving of Batons with the marking” JCF”

· The initials “JCF” on the with 1/16 of an inch

· Height of font 2/16 on an inch

· Font – Times Roman Family (Outline) Engraved in the baton

· The engraving of “JCF” must be clearly visible, must be permanent and must not damage the finished product.

G. Nylon Baton Holder for 26” Expandable Baton (CLIN 0009)

· Nylon baton holder for 26” Baton listed in section 4F.

· Ballistic nylon Holder

· Color- Black

· Compatible with Belt Keeper in Section 4B.

H. Three Ounce Mace- First Defence (DT4005 ) 0.7% OC Spray (CLIN 0010) or Equivalent

· Three ounce mace

· First defense (DT 4005)0.07% OC/ Tubed / Stream , MK -4.30 oz

· Delivery System: Stream

· Height 6.25 inches

· Diameter: 1.50 inches

· Solution Strength: 0.7% Capsaicinoids ( OC)

· Weight: 3 ounces

· Propellant: Nitrogen

· Short Burst:25

· Effective Range: 12 Feet

· Flip top Cover

· Electronic discharge weapon (EDW) safe – non – flammable

· Compatible with Mace Holder

· Warranty 4-5 years from date of delivery

5. Deliverables

6. Other Administrative Data

Contracting Office Address:

INL/RM/GAPP

2430 E Street NW.

Washington, DC 20037 U.S.A

POC: Alexander Mavroukakis Contract Specialist MavroukakisA@state.gov 1-202-776-8505

II. INSTRUCTIONS TO QUOTERS

1. Written Quotes

To be considered, the Quoter must submit the information described below on or before 3:00pm EST November 14, 2014. The Quoter shall provide an electronic copy containing all required sections of the written Quote. The Quoter must submit the Quote in the formats provided by Microsoft Office 2007 or later. Any quoter that does not comply with the following instructions, or does not submit a required component of this RFQ within the allotted time frame shall not be considered for award.

Table 1: Quote Organization

Vol.

Section Title Page Count Limitation

Schedule

1.1 Product Descriptions

The Quoter shall provide product descriptions for each product proposed under each CLIN that reflect the specifications outlined in Section I.4. As part of any product description, please provide an image of the product (either jpg, gif or png format).

1.2 Price Quote

The Quoter shall complete Attachment 1, Pricing Schedule. The Pricing Schedule is comprised of an excel worksheet that requires the Quoter to input the following information:

· Product Quoted

· Quoted Unit Price (With applicable discount included)

· Proposed Delivery Date to Final Destination

· Applicable Delivery Fees

1.3 RFQ Provision Completion

The Quoter shall sign, fill and complete (as applicable) the following provisions found in Section III, Terms and Conditions:

• FAR 52.212-3, Offeror Reps and Certifications— Commercial Items

OR

The Quoter shall provide their DUNS number and a statement that the quoter is registered via CCR/SAM.gov.

1.4 Quote Submittal

Please submit quote via email to the Contract Specialist, Alexander Mavroukakis (MavroukakisA@state.gov) referencing the posted RFQ# no later than 3:00pm EST November 14, 2014_.

III. EVALUATION

1. Basis of Award

The Government anticipates issuing a Purchase Order to the Quoter whose Quote provides the best value to the Government, price, and other factors considered. The Government will apply three sets of evaluation factors: Technical Specifications, Delivery Schedule, and Price.

Quotes shall set forth full, accurate, and complete information as required by this solicitation package (including Attachments). The penalty for making false statements in Quotes is prescribed in 18 USC. 1001.

2. Evaluation Factors

The following are the evaluation factors for this acquisition in order of importance.

Factor

FACTOR 1: Technical Specs

FACTOR 2: Delivery Schedule of Equipment

FACTOR 3: PRICE

(Rest of Page Intentionally Left Blank)

IV. TERMS AND CONDITIONS

1. Type of Acquisition This acquisition shall be a Firm Fixed Price (FFP) Purchase Order.

3. Small Business Set-Aside

This acquisition shall be exclusively set-aside for Small-Businesses.

4. Period of Performance

The period of performance shall be from Date of Award through the date all products have been delivered, received and accepted by the Government.

5. Period of Quote Acceptance

The Quoter agrees to hold firm the prices in its Quote for 60 calendar days from the submission deadline date.

5. Delivery Terms

5.1 Marking Requirements

All boxes and associated documents shall be labeled and marked for, and the shipping documents, including original bills of lading, certificates of origin, shall be submitted by courier or international courier to the following consignee address:

US Embassy- Kingston, Jamaica ATTN: Noel Fox 142 Old Hope Road Kingston 6 Jamaica, West Indies

The Contractor shall further send a copy of each commercial invoice, for customs clearance purpose, to the Office of INL at the address described above. All documents shall be sent for the attention of the following person:

POC:

Noel Fox, INL Office, Kingston U.S. Embassy to Jamaica 1 876 702 6068 foxns@state.gov

5.2 Preparation For Delivery:

FOB Destination. Any lost or damaged items/equipment during shipment shall be replaced by the contractor upon notification. The Contractor shall consolidate the entire shipment to prevent loss and misdirection. All items shall be delivered to the following final ultimate destination:

US Embassy- Kingston, Jamaica ATTN: Noel Fox 142 Old Hope Road Kingston 6 Jamaica, West Indies

5.3 Place of Delivery

The shipment shall be delivered on C.I.F. destination basis to the following address in Kingston, Jamaica, in accordance with Section 19, 52.247-42 C.I.F. Destination (APR 1984), of this contract:

US Embassy- Kingston, Jamaica ATTN: Noel Fox 142 Old Hope Road Kingston 6 Jamaica, West Indies

5.4 Customs Clearance and Tax Exemptions

If applicable, the U.S. Government will assist the Contractor in obtaining customs clearance and tax exemption certificates from the Government of Jamaica in accordance with Section 8.1, Marking Requirements.

5.5 Export License

The Contractor shall comply with Sections 38-40 of the Arms Export Control Act (AECA) (22 U.S.C. 2778-2780) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130) as required, for the prosecution of work under this contract at no additional cost to the Government. Failure to be in compliance with AECA and ITAR by date planned for commencement of contract performance as well as during the entire performance of work under this contract may result in contract termination. Any penalties rendered to the Contractor, as a direct result of being found non-compliance with AECA and ITAR, will be the responsibility of the Contractor. For additional information on AECA and ITAR, see http://www.pmddtc.state.gov/.

The Contractor shall comply with license requirements of the Commerce Control List and any Export Administrative Regulations (EAR) which may apply.\

6. Contractor Vetting as a Condition of Award Quoters are advised that successful passing of vetting to evaluate the risk that funds may benefit terrorists or their supporters is a condition of award. Quoters may be asked to submit information required by DS Form 4184, Risk Analysis Information (attached to this solicitation) about their company and its principal personnel. Vetting information is also required for all subcontract performance on contracts identified by the Department as presenting a risk of terrorist financing. When vetting information is requested by the Contracting Officer, information may be submitted on the secure web portal at https://ramportal.state.gov, via email to RAM@state.gov, or hardcopy to the Contracting Officer. Questions regarding the form may be emailed to RAM@state.gov. Failure to submit information when requested, or failure to pass vetting, may be grounds for rejecting your proposal.

7. Contractor Vetting After Award Contractors shall advise the Contracting Officer of any changes in personnel listed in the DS Form 4184 and shall provide vetting information on new individuals. The government reserves the right to vet these personnel changes and to terminate contracts for convenience based on vetting results.

8. Solicitation Considerations

This is a brand name or equal to procurement, the Quoter certifies that it is an authorized distributer of the similar product being sold to the Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, the Quoter warrants that the products are new and in their original box(es).

New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. All items must be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel.

The Quoter confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Quoter must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements.

No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of award.

Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from Quoters that will supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been substantially transformed in that country into a new and different article of commerce with a name, character, or use distinct from that of the original article(s).

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this acquisition which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this acquisition shall be for the sole use and become the exclusive property of the U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

9. Inspection/ Acceptance (Addendum to FAR 52.212-4(a)

The Quoter shall provide and quote the Deliverable dates. Final inspection/acceptance of deliverables will occur at the US Embassy Kingston by a Government representative. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of the products at the Office of INL in Jamaica.

10. Warranty (Addendum to FAR 52.212-4(o))

To facilitate expeditious return of warranty items and to avoid delays in the warranty process, the quoter must provide within 30 days of notification of a warranty action the required information to facilitate shipping of warranty items to manufacturer. This includes, but is not limited to:

· Information to ensure full compliance with ITAR regulations and no delay in providing the Reference RA# and a shipping address.

· Control Base Stations (Part Number for reference, followed by description and quantity)

11. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

This RFQ incorporates one or more clauses and provisions by reference, with the same force and effect as if they were given in full text. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause or provision may be accessed electronically at these addresses:

FAR clauses/provisions may be accessed at: http://acquisition.gov/far/index.html DOSAR clauses/provisions may be accessed at: http://www.statebuy.state.gov/dosar/dosartoc.htm These addresses are subject to change. You may also use an Internet "search engine" (e.g., Yahoo, Google, etc.) to obtain the latest location of the most current FAR and DOSAR.

52.202-1 Definitions.

52.203-3 Gratuities.

52.203.11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.

52.204-7, Central Contractor Registration

52.212-4 Contract Terms and Conditions- Commercial Items.

52.224-1 Privacy Act Notification.

52.224-2 Privacy Act.

52.227-14 Rights in Data—General.

52.227-17 Rights in Data—Special Works.

52.229-3 Federal, State, and Local Taxes.

52.232-1 Payments.

52.232-8 Discounts for Prompt Payment.

52.232-17 Interest.

52.232-18 Availability of Funds.

52.232-39 Unenforceability of Unauthorized Obligations.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-1 Disputes.

52.237-3 Continuity of Services.

52.242-13 Bankruptcy.

52.242-17 Government Delay of Work

52.243-1 Changes-Fixed Price, Alternate I

52.245-1 Government Property.

52.245-9 Use and Charges.

52.246-25 Limitation of Liability—Services.

52.249-2 Termination for Convenience of the Government (Fixed-Price).

52.249-8 Default (Fixed-Price Supply and Service).

52.253-1 Computer Generated Forms.

12. FAR Clauses Full Text

FAR 59.209-7 Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

FAR 52.211-6 Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

FAR 52.212-3 – Offeror Representation and Certifications – Commercial Items (May 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

“Forced or indentured child labor” means all work or service—

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

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

“Inverted domestic corporation”, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“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.

(b)

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

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

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

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern.

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it o is, o 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 o is, o is not a women-owned small business concern.

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

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

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

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

(i) It o is, o is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o 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 o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

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

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

(ii) It o has, o has not filed all required compliance reports.

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

(i) It o has developed and has on file, o 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 o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

Line Item No.

Country of Origin [List as necessary]

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

(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements–Israeli Trade Act.”

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

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

Line Item No.

Country of Origin [List as necessary]

(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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No.

Country of Origin [List as necessary]

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

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

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

Canadian End Products:

Line Item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No.

Country of Origin [List as necessary]

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

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

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

Line Item No.

Country of Origin [List as necessary]

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

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

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

Other End Products:

Line Item No.

Country of Origin [List as necessary]

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

(2) o Have, o 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) o Are, o 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) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 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.