Synopsis-Solicitation 21R9014_FINAL.pdf

Solicitation Number:

N62470-21-R-9014

Notice Type:

Combined Synopsis/Solicitation

This is a COMBINED SYNOPSIS-SOLICITATION for commercial items prepared in accordance with the information in Federal Acquisition Regulation (FAR) Subpart 12.6, using Simplified Acquisition Procedures found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Paper copies of this solicitation will not be available. This combined synopsis/solicitation shall be posted on https://sam.gov.

This solicitation is issued as a request for proposal under N62470-21-R-9014. This combined Synopsis is for a Lowest Price Technically Available Solicitation. It will result in a Firm Fixed Price (FFP) Contract. The solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2021-06 and Defense Federal Acquisition Regulation Supplement (DFARS) Change Notice 7/9/2021. 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 this address: https://www.acquisition.gov/content/regulations. This acquisition is being procured as a total small business set aside. The NAICS code is 333923 and the Small Business Size Standard is 1,250 employees.

This solicitation solicits offers from contractors for the purpose of procuring a New Electro-Hydraulic, Pedestal- Mounted Crane Suitable for Use on a Barge, Naval Surface Warfare Center (NSWCCD), Carderock Division, Acoustic Research Detachment in Bayview, Idaho.

The NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, NAVY CRANE CENTER requests proposals from qualified sources capable of providing the specifications as outlined under Section “SUBMISSION OF OFFERS” below.

Award will be made to the responsible offer, whose proposal, conforming to the solicitation, is found to have the lowest price among those found technically acceptable. The government reserves the right to reject any or all proposals prior to award and, also to negotiate with any or all offerors. OFFERORS ARE ADVISED AN

AWARD IS ANTICIPATED WITHOUT DISCUSSIONS OR ANY CONTRACT CONCERNING THE

PROPOSALS RECEIVED. Offerors should not assume they will be contacted or afforded the opportunity to qualify, discuss, or revise their proposals.

The contract completion date will be 300 calendar days from award to completion.

DESCRIPTION OF REQUIREMENT/SPECIFICATIONS

This acquisition is for one (1) 15-Ton Electro-Hydraulic, Pedestal-Mounted Crane, Suitable for Use on a Barge.

Installation of the new crane and removal of the existing crane shall be accomplished as part of the specification.

The new crane shall be installed on a steel research barge for the Naval Surface Warfare Center, Carderock Division, Acoustic Research Detachment in Bayview, Idaho. The barge currently has a pedestal crane mounted to a steel pedestal. The intent is to utilize the lower portion of the existing pedestal to support the new crane. The specification also includes a requirement for the crane to withstand ancillary loads at points on the crane required for operations. The loads will be applied only while the crane hook is unloaded. These loads will be applied as shown on Appendix A. The new crane shall bear an API 2C Monogram. The crane shall be designed, fabricated, assembled, shop tested, delivered, installed and field tested in accordance with the specification. The crane shall be built to the design drawings of a licensed Professional Engineer.

REGISTRATION / REPRESENTATIONS & CERTIFICATIONS

Offerors must be registered in the System for Award Management (SAM) database to be considered for award.

Registration is free and can be completed online at https://sam.gov.

Offerors are highly encouraged to complete all Representations and Certifications electronically, online at https://sam.gov. If not completed online, Offerors must include a completed copy of the provision at FAR 52.212-3, provided herein.

REQUIRED INSURANCE

(a) The contractor shall procure and maintain during the entire period of this performance under this contract the following minimum insurance:

COVERAGE

Type of Insurance: Per Person Per Accident Property

General Liability $ 500,000.00 Automobile $200,000.00 $ 500,000.00 $ 20,000.00 Liability Workmen’s As Required Under FAR 28.307-2 Compensation (Other as required by State Law)

(b) A Certificate of Insurance shall be submitted to the Contracting Officer for review and approval. No work shall commence until this notice has been presented to the Contracting Officer.

(c) The only wording that is acceptable to the Government in the Cancellation section of the Certificate of

Insurance is the endorsement stating:

"ANY CANCELLATION OR MATERIAL CHANGE IN THE COVERAGE ADVERSELY

AFFECTING THE GOVERNMENT'S INTEREST SHALL NOT BE EFFECTIVE FOR SUCH

PERIOD AS THE LAWS OF THE STATE IN WHICH THIS CONTRACT IS TO BE

PERFORMED PRESCRIBE; OR UNTIL 30 DAYS AFTER THE INSURER OR THE

CONTRACTOR GIVES WRITTEN NOTICE TO THE CONTRACTING OFFICER, WHICHEVER

PERIOD IS LONGER."

The Certificate Holder will be Commander, NAVFAC Atlantic, Navy Crane Center, Norfolk Naval Shipyard, Building 491, Portsmouth, VA 23709-5000.

PRE-PROPOSAL CONFERENCE AND SITE VISIT

A pre-proposal conference and site visit is scheduled for Tuesday September 21, 2021 at 9:00 AM PT at NSWCCD-ARD, 33964 North Main Avenue, Bayview, ID 83803. Contractors will meet at the front gate by 8:30 AM PT for investigation form processing. Contractors will be escorted from the front gate to the main conference room in Building 200. Please notify Hattie Brown at Hattie.l.brown@navy.mil (with cc. to Lisa Sumpter at lisa.sumpter@navy.mil) no later than Monday, September 13, 2021 if you plan to attend the pre-proposal conference/site visit.

Base Access Procedures with Navy Sponsor: Visitors that have a Common Access Card (CAC) only need to bring their CAC and a completed PED (Attachment (a)) for any cameras or laptop computers (form not required for cell phones). Visitors that do not have a CAC will need to complete a Form 5512

(Attachment (b)) in advance and present at the gate with one form of ID for escorted access (do not email the Form 5512). The only restrictions that will prevent base access are felonies and non-US citizenship.

COVID Requirements: If visitors have been vaccinated, no restriction of movement (ROM) is required for entry to NSWCCD-ARD following commercial air travel. If visitors have not been vaccinated, a 5-day ROM followed by a negative COVID-19 test are required for entry, or a 14-day ROM if no test has been taken.

Required Personal Protective Equipment (contractors must bring their own): Hard hat; safety glasses;

safety vest; steel toe boots; hearing protection

INQUIRIES/QUESTIONS

Any questions relating to the Synopsis/Solicitation shall be submitted to Hattie Brown via email (using Attachment (c)) at Hattie.l.brown@navy.mil with cc to Lisa Sumpter at lisa.sumpter@navy.mil no later than September 28, 2021. Any questions received after this date may or may not be answered due to time constraints of the solicitation.

PROPOSAL ACCEPTANCE PERIOD

The proposal acceptance period is sixty (60) days from receipt of offerors.

SUBMISSON OF OFFERS

Interested parties capable of fulfilling the solicitation requirements must submit a written proposal via email to Hattie Brown at Hattie.l.brown@navy.mil by 2:00 PM ET, October 12, 2021 with a copy to Lisa Sumpter at lisa.sumpter@navy.mil . Late responses will not be accepted.

Proposal Submission Requirements:

File One: Non-price (.pdf format) File Two: Price (.pdf format)

File One: Non-Price

1) Factor 1 – Technical (Product Literature, General Arrangement Drawing(s) & Narrative)

Submit the Product Data Sheet and General Arrangement Drawing(s) for the make and model of crane you are proposing to meet the Government’s requirement (Attachment (d)). In addition, provide a narrative, not exceeding one (1) single-sided page, explaining how the proposed make and model crane meets or can be modified to meet the Government’s requirement.

Basis of Evaluation: The Government will evaluate the technical submittal to determine the capability of the Offeror to successfully meet the requirements of the Synopsis/Solicitation, particularly the specifications at Attachment (d).

The product literature, general arrangement drawing and narrative requested under this factor are used for selection purposes only and do not constitute approval or acceptance of your design. The awardee will be required to meet all requirements of the specification, regardless of the information submitted to meet the requirements of this factor (Factor 1 – Technical (Product Literature, General Arrangement Drawing(s) and Narrative)). Should there be a conflict between an awardee’s Factor 1 submission and the actual post-award design submission, the actual post-award design submission shall take precedence.

2) Factor 2 – Past Performance

Offerors shall not provide any information in response to this Factor. The Government will review various sources of information for evaluating past performance. Sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.

Performance awards or additional information submitted will not be considered.

Basis of Evaluation:

The Government will evaluate whether past performance information reviewed by the Government (e.g., PPIRS, Federal Awardee Performance and Integrity information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), performance recognition documents, and information obtained from any other source) reflects a trend of satisfactory performance on comparable projects considering:

- A pattern of successful completion of tasks;

- A pattern of deliverables that are timely and of good quality;

- A pattern of cooperativeness and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.);

- Recency of tasks performed that are identical to, similar to, or related to the task at hand; and

- A respect for stewardship of Government funds.

The Government will consider the currency and relevance of the information, the source of the information, context of the data, and general trends in the Contractor’s performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the Offeror’s past performance will be used as a means of evaluating the Offeror’s ability to successfully meet the requirements of the RFP.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

File Two: Price Proposal

1) The price proposal shall include the following:

a. Offeror’s name, address, CAGE code, data universal numbering system

(DUNS) number and tax identification number as registered in the System for Award Management database (https://sam.gov).

b. Signature of individual authorized to make an offer; print individual’s name, title, email address and phone number.

c. All applicable remittance addresses (if the remittance address is different from the mailing address)

d. Written acknowledgement of all applicable solicitation amendments

e. Bid Bond (Attachment (e))

f. Copy of Contractor’s Representations and Certifications from SAM or FAR

52.212-3 (attached herein).

g. Pricing Schedule as specified below using Attachment (f) for CLIN 0001

Basis of Evaluation: The Government will evaluate price based on total price. Total price consists of the basic requirements (CLIN 0001). Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

Comparions of proposed prices received in response to the

Synopsis/Solicitation Comparison of proposed prices with the Independent Government Estimate Comparison of proposed price with available historical information

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

00011,2 Design, Fabrication, Assembly, Shop Test, Delivery, Installation and Field Testing of One (1) 15-Ton Hydraulic, Pedestal Crane Suitable for Barge Use and Removal of Existing Crane, NSWCCD, Bayview, Idaho 1 Project $__________ $_________

NOTES:

1. At time of award, a separate CLIN (CLIN 0002) will be created for the 3% withholding from CLIN 0001 for the warranty period of performance. CLIN 0002 will be withheld until completion of the one-year warranty period. Price proposals should not include any pricing for CLIN 0002.

2. In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended bid. If the offeror shows only the total price, but fails to enter a unit price, the total divided by the estimated quantity will be held to the intended unit price.

EVALUATION OF PROPOSALS

The Government will award a contract resulting from this Synopsis/Solicitation to the responsible Offeror whose offer, conforming to the solicitation, is determined to be the lowest price and meets the acceptability standards for non-price factors. Offers expiration date is sixty (60) days from receipt of offers. The following factors shall be used to evaluate offers:

Technical (Product Literature, General Arrangement Drawings & Narrative) Past Performance Price

An Unacceptable rating in any factor results in the overall proposal being considered as Unacceptable and ineligible for award.

This is a lowest price technically acceptable (LPTA) acquisition. Award will be made on the basis of the lowest evaluated total price for CLIN 0001 meeting or exceeding the acceptability standards for non-price factors

(technical and past performance).

CONTRACT ADMINISTRATION

Responsibilities for Contract Administration:

The cognizant Defense Contract Management Agency (DCMA) office will be identified on the award document and will be delegated by the Procuring Contracting Office to perform field administration of this contract. This includes the function of installment payments, quality assurance (as assigned), production progressing to insure timely and complete delivery of all items under the contract including technical data as required and preparation and issuance of Government Bills of Lading, unless otherwise provided for in the contract.

The cognizant paying office will be identified on the award document and will make payments.

Final payment of the contract will be issued upon completion of all requirements of section entitled “Inspection and Acceptance.”

Contracting Officer’s Representative (COR):

If a COR is designated, the Contracting Officer upon contract award will appoint the individual in writing. A Contracting Officer’s Representative (COR) is NOT a Contracting or Ordering Officer and DOES NOT have authority to take any action, either directly or indirectly, that would change the pricing, quantity, quality, place of performance, delivery schedule, or any other terms and conditions of the contract, or to direct the accomplishment of effort which goes beyond the scope of the Statement of Work in the contract.

The COR is technically responsible for monitoring of contractor performance and is the sole technical point of contact. However, a Navy Technical Representative (NTR) may be assigned by the Contracting Officer to assist the COR in executing inspection and monitoring duties wherein the surveillance and monitoring burden of the contract is significant. The NTRs will be set forth as required.

The Contracting Officer may also appoint, in writing, an alternate COR to perform the responsibilities and functions of the COR.

TECHNICAL DIRECTION

As provided by the contract provision, “CONTRACTING OFFICER’S REPRESENTATIVE (COR),” performance of work under this contract is subject to the written technical direction of the Contracting Officer’s Representative (COR), who shall be specifically appointed by the Contracting Officer in writing. “Technical Direction” means a directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of the work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instructions to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in the Statement of Work of the contract.

The COR does not have the authority to, and shall not, issue any instruction purporting to be technical direction which: 1. Constitutes an assignment of additional work outside the Statement of Work; 2. Constitutes a change as defined in the Changes Clause; 3. In any manner causes an increase or decrease in the total estimated cost, Award Fee, or the time required for contract performance; 4. Changes any of the expressed terms, conditions, or specifications of the contract; 5. Interferes with the Contractor’s rights to perform the terms and conditions of the contract, or; 6. Authorizes the Contractor to incur costs in excess of the estimated cost or other limitations on costs or funds set forth in this contract.

All technical direction shall be issued in writing by the COR.

When, in the opinion of the contractor, the COR or any other Government official other than the Contracting

Officer, requests effort outside the existing scope of the contract, the contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the contractor under such direction until the Contracting Officer has issued a modification to the contract or has otherwise resolved the issue.

Invoicing Instructions:

All invoices will be processed through Wide Area Workflow (WAWF) pursuant to DFARS 252.232-7006.

CONTRACTOR PERFORMANCE

Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website http://www.cpars.csd.disa.mil/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and email address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor’s responsibility to keep this contact information current.

LABOR REQUIREMENTS

CONSTRUCTION WAGE REQUIREMENTS: The contract is subject to the 41 U.S.C. Chapter 65, Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000 (the statute) and may include construction in connection with on-site work. The Construction Wage Rate Requirements apply to all on-site installation activities. The applicable Construction Wage Rate Determination is provided as Attachment (g), and applicable clauses are in Section I.

PROVISIONS/CLAUSES

The following Federal Acquisition Regulation (FAR) provisions/clauses apply to this solicitation and are incorporated by reference:

52.203-3 Gratuities (Apr 1984) 52.204-4 Printed or Copied Double-Sided on Post-Consumer Fiber Content Paper (May 2011) 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance or Equipment (Oct 2020) 52.212-1 Instructions to Offerors – Commercial Items (Oct 2018) (DEVIATION 2018-O0018) 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) 52.229-11 Tax on Certain Foreign Procurements – Notice of Representation (Jun 2020) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

The following Defense FAR Supplement (DFARS) provisions/clauses apply to this solicitation and are incorporated by reference:

252.201-7000 Contracting Officer’s Representative (Dec 1991) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7003 Agency Office of the Inspector General (Aug 2019) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011) 252.204-7004 Level I Antiterrorism Awareness Training for Contractors (Feb 2019) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Reporting (Dec 2019) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (May 2016)

252.204-7016 Covered Defense Telecommunications Equipment or Services (Dec 2019) 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation (May 2021) 252.204-7018 Prohibition on the Acquisition of Covered Telecommunications Equipment or Services (Jan 2021) 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (Nov 2020) 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (Nov 2020) 252.205-7000 Provision of Information to Cooperative Agreement Holders (Dec 1991) 252.211-7003 Item Unique Identification and Valuation (Mar 2016) 252.211-7008 Use of Government-Assigned Serial Numbers (Sep 2010) 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations (Sep 2019) 252.215-7008 Only One Offer (Jul 2019) 252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013) 252.225-7001 Buy American and Balance of Payments Program – Basic (Dec 2017) 252.225-7002 Qualifying Country Source as Subcontractors (Dec 2017) 252.225-7012 Preference for Certain Domestic Commodities (Dec 2017) 252.225-7021 Trade Agreements – Basic (Sep 2019) 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises and Native Hawaiian

Small Business Concerns (Apr 2019) 252.227-7015 Technical Data—Commercial Items (Feb 2014)

252.227-7037 Validation of Restrictive Markings on Technical Data (Sep 2016) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018)) 252.232-7006 Wide Area Workflow Payment Instructions (Dec 2018) 252.232-7017 Accelerating Payments to Small Business Subcontractors – Prohibition on Fees and Consideration (Apr 2020) 252.243-7002 Requests for Equitable Adjustment (Dec 2012) 252.244-7000 Subcontracts for Commercial Items and Commercial Components (Oct 2020) 252.246-7008 Sources of Electronic Parts (May 2018) 252.247-7023 Transportation of Supplies by Sea – Basic (Feb 2019)

The provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (Feb 2021) Alt I (Oct 2014), applies to this acquisition and is incorporated by full text:

FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Feb 2021) Alt 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://sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

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

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned 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.

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

(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 https://sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

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

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

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

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

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

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

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

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

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

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

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

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

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

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

__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order11246-

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

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

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

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

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

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

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

(1)

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

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

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)

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

(i)

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

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

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

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

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.

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:

[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:

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

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

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

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

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.