Amended RFQ W50S6S22Q0003 - Wastewater Sampling Testing.docx

Instructions to Offerors W50S6S22Q0003

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

(2) This solicitation/synopsis reference number is W50S6S22Q0003 and is being issued as a Request for Quote (RFQ).

(3) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-07, Dated 10 Sep 2021

(4) This acquisition is 100% set-aside for small businesses. The associated NAICS code is 541380 with a $16.5M size standard.

(5) Any offeror/individual desiring to be considered for contract award must submit a quote based on the below CLIN, along with a mandatory breakdown of costs. Vendors shall also submit a completed Section 889 representation (Attachment 4).

Testing IAW attached PWS POP 1 Jan– 31 Dec 2022

FFP

1001 Quarterly Wastewater and 4 Jobs $___________ $___________ OPTION Flow Meter Sampling, Testing IAW attached PWS POP 1 Jan– 31 Dec 2023

FFP

2001 Quarterly Wastewater and 4 Jobs $___________ $___________ OPTION Flow Meter Sampling, Testing IAW attached PWS POP 1 Jan– 31 Dec 2024

FFP

3001 Quarterly Wastewater and 4 Jobs $___________ $___________ OPTION Flow Meter Sampling, Testing IAW attached PWS POP 1 Jan– 31 Dec 2024

FFP

4001 Quarterly Wastewater and 4 Jobs $___________ $___________ OPTION Flow Meter Sampling, Testing IAW attached PWS POP 1 Jan– 31 Dec 2024

FFP

Total Price: $____________ Delivery Terms: FOB Destination

Delivery Address:

162d Civil Engineering Squadron 1350 E Perimeter Way Tucson, AZ 85706

(6) The following clauses and provisions are incorporated and will remain in full force in any resultant award:

FAR 52.202-1 - Definitions FAR 52.204-7 - System for Award Management FAR 52.204-9 - Personal Identity Verification of Contractor Personnel FAR 52.204-13 - System for Award Management Maintenance FAR 52.204-16 - Commercial and Government Entity Code Reporting FAR 52.204-17 - Ownership or Control of Offeror FAR 52.204-18 - Commercial and Government Entity Code Maintenance FAR 52.204-19 - Incorporation by Reference of Representations and Certifications FAR 52.204-20 - Predecessor of Offeror FAR 52.204-21 - Basic Safeguarding of Covered Contractor Information Systems FAR 52.204-22 - Alternative Line Item Proposal FAR 52.204-23 - Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

FAR 52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.209-6 - Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment FAR 52.209-10 - Prohibition on Contracting With Inverted Domestic Corporations FAR 52.212-1 - Instructions to Offerors FAR 52.212-3 (Alt 1) - Offeror Representations and Certifications - Commercial Items FAR 52.212-4 - Terms and Condition - Commercial FAR 52.212-5 Dev - Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (DEVIATION 2018-O0021) FAR 52.217-5 - Evaluation of Options FAR 52.219-6 Dev - Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008) FAR 52.219-14 Dev - Limitations on Subcontracting (DEVIATION 2020-O0008) FAR 52.219-28 - Post-Award Small Business Program Representation FAR 52.222-3 - Convict Labor FAR 52.222-21 - Prohibition of Segregated Facilities FAR 52.222-22 - Previous Contracts and Compliance Reports FAR 52.222-25 - Affirmative Action Compliance FAR 52.222-26 - Equal Opportunity FAR 52.222-36 - Equal Opportunity for Workers with Disabilities FAR 52.222-41 - Service Contract Labor Standards FAR 52.222-50 - Combating Trafficking in Persons FAR 52.222-55 - Minimum Wages Under Executive Order 13658 FAR 52.222-62 - Paid Sick Leave Under Executive Order 13706 FAR 52.223-5 - Pollution Prevention and Right-to-Know Information FAR 52.223-10 - Waste Reduction Program FAR 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.223-22 - Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation FAR 52.225-13 - Restrictions on Certain Foreign Purchases FAR 52.225-25 - Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications FAR 52.232-33 - Payment by Electronic Funds Transfer— System for Award Management FAR 52.232-39 - Unenforceability of Unauthorized Obligations FAR 52.232-40 - Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1 - Disputes FAR 52.233-3 - Protest after Award FAR 52.233-4 - Applicable Law for Breach of Contract Claim FAR 52.237- Site Visit.

FAR 52.237-2 - Protection of Government Buildings, Equipment, and Vegetation FAR 52.243-1 Alt I - Changes - Fixed Price FAR 52.246-4 - Inspection of Services -- Fixed-Price FAR 52.247-34 - FOB Destination FAR 52.249-4 - Termination for Convenience of the Government (Services) (Short Form) DFARS 252.201-7000 - Contracting Officer's Representative DFARS 252.203-7000- Requirements relating to Compensation of Former DoD Officials DFARS 252.203-7002 - Requirement to inform Employees of Whistleblower Rights DFARS 252.203-7005 - Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7000 - Disclosure of Information DFARS 252.204-7003 - Control of Government Personnel Work Product DFARS 252.204-7004 - Antiterrorism Awareness Training for Contractors DFARS 252.204-7008 - Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7012 - Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7015 - Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.204-7016 - Covered Defense Telecommunications Equipment or Services—Representation DFARS 252.204-7017 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation DFARS 252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services DFARS 252.204-7019 - Notice of NIST SP 800-171 DoD Assessment Requirements DFARS 252.204-7020 - NIST SP 800-171 DoD Assessment Requirement DFARS 252.204-7022 - Expediting Contract Closeout DFARS 252.209-7999 - Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law.

DFARS 252.225-7048 - Export-Controlled Items DFARS 252.232-7003 - Electronic Submission of Payment Requests DFARS 252.232-7006 - Wide Area Workflow Payment Instructions DFARS 252.232-7010 - Levies on Contract Payments DFARS 252.232-7017 - Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration DFARS 252.237-7010 - Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.243-7001 - Pricing of Contract Modifications DFARS 252.244-7000 - Subcontracts for Commercial Items DFARS 252.247-7023 - Transportation of Supplies by Sea

(7) The following additional provisions and clauses are applicable to this procurement.

FAR 52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of provision) FAR 52.204-26 - Covered Telecommunications Equipment or Services-Representation

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS

(a) The Government intends to award one firm fixed priced purchase order to the responsible offeror whose offer conforming to the RFQ requirements represents best value, price and non-price factors considered.

All proposals will be subjected to an initial screening for completeness and conformance with RFQ instructions before being evaluated. A proposal that is incomplete will not be considered for award. The following factors shall be used to evaluate offers (Factors other than price when combined are approximately equal when compared to price):

FACTOR 1 - Price - Submitted pricing must be all inclusive; a breakdown is required to include, but not limited to: Material costs, FOB destination shipping, labor, equipment costs, and transportation with fuel, incidentals and subcontracting if applicable.

Proposed prices shall be evaluated for completeness, and reasonableness. The Government may determine that an offer is unacceptable if the prices are significantly unbalanced.

Please include applicable taxes with your quote.

FACTOR 2 - Technical - Offeror shall submit a capabilities statement/technical narrative with their submission addressing the sub-factors below; each Sub-Factor is equally weighed.

The capabilities statement/technical narrative shall be a written submission limited to a total of 5 single-spaced pages, one-sided, letter size pages, 10-12 point font size in an easily readable font, such as Times new Roman. Anything over 5 pages will not be considered.

Sub-factor 1 - Technical Approach - Summarize how the proposed work will be completed in a manner consistent with industry standards and/or practices which also satisfy Performance Work Statement (PWS) requirements. The offeror must demonstrate a clear understanding of the nature and the scope of the work required. Failure to provide realistic, reasonable and complete information may reflect a lack of understanding of the requirements and may result in a determination that the vendor is technically unacceptable.

Sub-factor 2 -Technical Capability – Provide the names of the key personnel, positions/titles. Include years of relevant experience and/or certifications. Provide a summary of local resources available (i.e. equipment, vehicles on hand).

The evaluation will consist of assessing the Offeror’s approach and capabilities as demonstrated in the capabilities statement/narrative, for accomplishing tasks outlined in the PWS. The offeror must demonstrate a clear understanding of the nature and the scope of the work required. The capabilities statement/technical narrative must demonstrate an appropriate level of resources and capabilities necessary to accomplish the requirements listed in the PWS.

Based upon the Government’s evaluation of offeror submitted information, one of the following combined technical/risk rating will be assigned which reflect the degree to which the offeror’s response meets or does not meet the minimum performance or capability requirements through an assessment of the strengths, weaknesses, deficiencies, and risks.

Combined Technical/Risk Rating Method

Description

Failure to provide realistic, reasonable and complete information may reflect a lack of understanding of the requirements and may result in a determination that the vendor is technically unacceptable.

FACTOR 3 - Past Performance

The Government will analyze and consider the risk and confidence level illustrated by relevant, recent past performance in which the company has performed (see details below):

Reference List - Utilizing Attachment 2 - Past Performance Reference List: Offeror shall submit completed Past Performance Reference List with their proposal to 162d Contracting by email to 162.WG.MSG.MSC@us.af.mil The reference list should contain at least three (3) contracts performed (on-going or completed) as prime contractor, joint ventures and /or teaming partners of the most relevant contracts (similar in scope, size and complexity) for US Government agencies or commercial customers on-going or completed within the three (3) years prior to solicitation close date. Note: Providing less than three (3) recent and relevant references can impact the offeror’s overall confience assessment. The evaluation of past performance information will take into account past performance information regarding predecessor companies. Furnish the following information for each reference on the reference list:

1) Name of contracting activity (e.g. Government Agency/Company name)

2) Point of Contact (POC), Contracting Officer and/or Contract Administrator's phone number, and e-mail address

3) Contract number and/or project title

4) Contract Type (e.g. Purchase Order, IDIQ, BPA)

5) Total contract/project value

6) Performance period (e.g. Date/month/year through date/month/year)

7) Description of contract work performed

Optionally, the offeror may provide information on problems encountered on the contracts identified above and corrective actions taken to resolve these problems. This may include a discussion of efforts accomplished by the offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk.

Past Performance Questionnaire: The Government requires Past Performance Information corresponding to contracts identified in - Past Performance Reference List.

Utilizing Attachment 3 – Past Performance Questionnaire (PPQ) the Offeror is responsible to solicit submitted reference(s) to complete and email Past Performance Questionnaire to 162d Contracting Office at the email below. PPQ must be received prior to solicitation close. Information contained therein shall be considered sensitive and shall not be releasable.

Offerors are responsible for ensuring that their reference sources receive the PPQ in time to complete and return the Present/Past Performance Survey to the 162d Wing Contracting office. No PPQ will be accepted directly from the offeror being evaluated.

The Government will analyze and consider the risk and confidence level illustrated by relevant, recent past performance in which the company has performed utilizing submitted past performance questionnaires and any sources available including, but not limited to:

• Contractor Performance Assessment Reporting System (CPARS)

• Federal Awardee Performance and Integrity Information System (FAPIIS)

• Other Publically Available Information

Recent - Recent past performance shall be performance that is either on-going or was completed within three (3) years of the solicitation closing date.

Relevant - Relevancy is defined as follows:

Relevancy Ratings:

Past Performance Relevancy Rating Method

Performance Ratings and Confidence Assessment. An assessment of recency and relevancy shall be given to each of the Offeror's past performance references. The Offeror shall then receive one of the following adjectival ratings as an overall confidence assessment describing how well the Offeror is expected to perform given the Offeror's performance history, to include information obtained from CPARS/FAPIIS. More-recent and more-relevant past performance information shall have greater weight in the Offeror's overall confidence assessment relative to less-recent and less-relevant information.

Performance Confidence Assessments Rating Method

confidence assessment rating can be reasonably assigned.

Government has a low expectation that the offeror will successfully perform the required effort.

Government has no expectation that the offeror will be able to successfully perform the required effort.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(c) The Government intends to award without discussions. Offerors shall ensure their initial proposal contains its best terms from a technical and price standpoint. However, the Contracting Officer reserves the right to hold discussions if necessary.

(d) Note: In Accordance with Federal Acquisition Regulation (FAR) 9.104-1: To be determined responsible, a prospective contractor must:

1. Have adequate financial resources to perform the contract, or the ability to obtain them

2. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

3. Have a satisfactory performance record.

4. Have a satisfactory record of integrity and business ethics

5. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

6. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

7. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

(End of Provision)

52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021) Alt I The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. 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 veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

Small business concern—

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

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

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

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

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

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

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

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

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

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

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

(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:

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,…