A07_W56KGZ-17-Q-HNCC_Solicitation.pdf

SOLICITATION – W56KGZ-17-Q-HNCC

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation, which is expected to result in the award of a single firm fixed price contract for host nation coordination cell customs and immigrations officers with a base year plus four (4) option years.

Anticipated award date for this action is 27September 2017

Submittal of quotes in response to this solicitation constitutes agreement by the offeror of all terms and conditions contained herein, which will also be the terms and conditions of any resulting contract(s). It is the offerors responsibility to be familiar with the applicable clauses and provisions. Clauses and provisions in full text may be accessed via the internet at the website: http://farsite.hill.af.mil or https://acquisition.gov The Government reserves the right to award without discussions or to make no award at all depending upon the quality of proposals received and the price fair and reasonableness of proposals received.

Any correspondence sent via email must contain the subject line “HNCC Customs & Immigration Officers”. The entire proposal must be contained in a single email, unless otherwise approved. Emails with compressed files will not be accepted. Note that email filters are being used that will not allow emails without subject lines or with suspicious subject lines or contents ( i.e., .exe, or .zip files). Therefore, if the specified subject line is not included, the email may not get through the filters. If sending attachments with email, ensure only .pdf, .doc, .docx, .xls, or .xlsx documents are sent.

The email filter may delete any other form of attachments.

Place of Performance: Hashemite Kingdom of Jordan

Period of Performance: Base year (12 months) plus four (4) one year options

All responses must be submitted no later than 24 September 2017 (Jordan time) via email to: deleon.kelly2.mil@mail.mil

Inspection and Acceptance: Both inspection and acceptance will be completed by the US Government at Destination

Defense Base Act Insurance (DBA)

The contractor shall purchase DBA insurance only from carriers that are authorized to provide such coverage by the United States Department of Labor (DoL). This requirement also applies to all subcontractors. The DoL maintains a website that contains a complete list of authorized insurance carriers:

http://www.dol.gov/owcp/dlhwc/lscarrier.htm. Carriers authorized to provide DBA insurance are identified with the letters “DB” in the column titled “Acts Covered.”

The estimated amount proposed for DBA insurance will not be evaluated; however, will be included in the total contract amount.

The contractor will provide proof of DBA insurance (insurance policy) to the contracting officer within 14 days after award, and in no circumstances will performance begin until the contracting officer has received proof of DBA insurance. If one insurance provider will not sell DBA to the contractor, the contractor is responsible to seek insurance coverage through other approved DoL providers. If the contractor is unable to provide proof of DBA insurance within 14 days, the contracting officer will terminate the contract for cause (default if non-commercial) and award to the next low offeror. Upon proof of a PAID receipt from an approved DoL insurance provider (contracting officer will verify the validity of the insurance before payment), the contractor shall be reimbursed for the actual amount PAID for the DBA insurance under the NTE CLIN in the pricing schedule of the contract.

Attachments:

HNCC Performance Work Statement (PWS) dated 26 May 2017

Requirements:

Please refer to the PWS for specific requirements for each of the position listed below.

Position

Contract Year

Customs Action Officer

Immigrations Action Office

Customs & Immigrations Supervisor

Base Year Hourly Labor Rate Overtime Labor Rate DBA Insurance Option Year One Hourly Labor Rate Overtime Labor Rate DBA Insurance Option Year Two Hourly Labor Rate Overtime Labor Rate DBA Insurance Option Year Three Hourly Labor Rate Overtime Labor Rate DBA Insurance Option Year Four Hourly Labor Rate Overtime Labor Rate DBA Insurance

The US Government may award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the US Government. The award of the contract will be based on the lowest price that meets all requirements as stated in the PWS.

The quotation may be in any format but MUST include the following:

Point of contact’s name, phone, email address

2. Quotation number, date, and period of time the quote is valid

3. Completed pricing (does not have to be in the table above, but must include the same information)

Clauses Incorporated by Reference

52.202-1 Definitions 52.203-3 Gratuities 52.203-6 Restrictions on Subcontractor Sales to the Government 52.203-7 Anti-Kickback Procedures 52.204-2 Security Requirements 52.204-7 System for Award Management 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.209-7 Information Regarding Responsibility Matters 52.212-1 Instructions to Offerors--Commercial Items 52.212-4 Contract Terms and Conditions – Commercial Items 52.222-21 Prohibition of Segregated Facilities 52.222-22 Previous Contracts and Compliance Reports 52.222-24 Pre-award On-Site Equal Opportunity Compliance Evaluation 52.222-26 Equal Employment Opportunity 52.222-56 Certification Regarding Trafficking in Persons Compliance 52.225-14 Inconsistency Between English Version and Translation of Contract 52.228-5 Insurance - Work on a Government Installation 52.229-6 Taxes – Foreign Fixed Price Contracts 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 52.245-1 Government Property 52.246-4 Inspection of Services--Fixed Price AUG 1996 52.249-1 Termination for Convenience of the Government 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7003 Control of Government Personnel Work Product 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Information

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is State Sponsor of Terrorism 252.222-7007 Representation Regarding Combating Trafficking in Persons 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials SEP 2014 252.225-7041 Correspondence in English 252.225-7042 Authorization to Perform 252.225-7048 Export Controlled Items 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism 252.229-7000 Invoices Exclusive of Taxes or Duties 252.232-7003 Electronic Submission of Payments 252.232-7008 Assignment of Claims (Overseas) 252.232-7010 Levies on Contract Payments 252.233-7001 Choice of Law (Overseas) 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.243-7001 Pricing of Contract Modifications 252.244-7000 Subcontracts for Commercial Items

Clauses Incorporated by Full Text

52.209-7 – Information Regarding Responsibility Matters.

(a) Definitions. As used in this provision—

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

or

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

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

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

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

(End of provision)

52.212-1 ADDENDUM

This request for quotation (RFQ) will result in a Firm Fixed-Price contract. The successful quotation may be incorporated into the awarded contract.

1. Submission of Quotation. The offeror shall submit signed and dated quotation to the following email addresses: Deleon.kelly2.mil@mail.mil; cc:

paula.j.harrell.mil@mail.mil, at or before the exact time specified in this solicitation (see block 8). While the Government does not have to review/evaluate submissions received after the deadline, it reserves the right to do so if advantageous.

Quotation must contain the following:

a. The offeror shall submit a consolidated quotation that clearly demonstrates compliance and understanding of the terms and conditions of this RFQ and can be evaluated without additional explanation or information. The Government may make a final determination regarding the acceptability of a quotation solely on the basis of the quotation submitted without conducting discussions. However, the Government reserves the right to hold negotiations with the offeror.

b. The quotation shall be submitted via email and ONLY electronic submission will be accepted.

c. Period of Acceptance of Quotations. The offeror agrees to hold prices firm for 90 days.

d. Executive Summary. Provide an executive summary that introduces the contractor team and quotation submission; identifies the quotation’s point of contact (POC), e-mail address, and phone number; and lists the quotation package contents.

2. The Contract Specialist is the sole point of contact for this acquisition. Address all questions or concerns you may have to the contract specialist. All questions regarding this RFQ shall be submitted via email to:

Name: SFC DeLeon Title: Contract Specialist E-Mail: deleon.kelly2.mil@mail.mil

3. Questions Deadline. The deadline for questions regarding this RFQ is 22 September 2017 at 10:00 AM Arabia Time (UTC+3).

General Instructions:

1. These instructions, in addition to FAR 52.212-1, prescribe the format for the quotation and describe the approach for the development and presentation of quotation data.

These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of quotations.

W56KGZ-17-Q-HNCC

2. If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise unsound, the offeror shall immediately notify the contract specialist in writing with supporting rationale.

The offeror is reminded that the Government reserves the right to award this effort based on the initial quotation, as received, without discussions.

3. Defense Base Act (DBA) Insurance The contractor shall purchase DBA insurance only from carriers that are authorized to provide such coverage by the U.S. Department of Labor (DoL). This requirement also applies to all subcontractors. The DoL maintains a website that contains a complete list of authorized insurance carriers: http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

Carriers authorized to provide DBA insurance are identified with the letters "DB" in the column titled "Acts Covered."

2. System for Award Management

The offeror does not have to be registered in System for Award Management in accordance with the exception at FAR 4.1102(a)(3)(i).

Quotation Preparation Instructions:

1. Offeror’s quotation shall consist of 2 volumes:

I. Technical II. Price

2. Quotation Format

The Quotation shall be organized into two (2) volumes in separate PDF format.

Table 1

VOLUME TITLE NO. OF COPIES PAGE LIMITS

I Technical 1 electronic (PDF) 20 II Price 1 electronic (PDF) N/A

3. Quotation Content

Volume I – Technical Quotation The technical quotation shall define the policies and procedures for the overall management and execution of the requirements of the contract to ensure quality, efficiency, and timeliness. The technical quotation should be practical and be prepared simply and economically, providing straightforward, concise delineation of what the offeror will do to satisfy the requirements of the contract. The technical volume shall provide evidence that you recognize the scope of work that you will be required to provide under the proposed contract by providing the following information:

Personnel Qualification: Resumes documenting required Interagency Language Roundtable rating certification (Proficiency level of Performance level 3 (listening /speaking and reading) in Arabic and a 2+ in English) for personnel performing services under this contract shall be provided with quotation and also re-confirmed at time of award. Services/providers will not be accepted if personnel who report for work do not match the resumes.

Performance Start Date: Contractor employees must be on site at King Abdullah II Special Operations Training Center in Amman, Jordan, ready to begin working no later than 20 September 2017.

The quotation must document the offeror's ability to meet this deadline.

Volume II- Price Offeror shall submit the quotation in US Dollars. In accordance with the instructions in FAR 52.212-1, the offeror shall complete all CLINS including the total amount for each period and the total amount for total contract price.

The Contractor shall include spreadsheet showing a roll up of all calculations (CLIN, Base and Option Summary and Total Contract Price).

(End of addendum)

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Lowest Price Technically Acceptable

"EVALUATION: The award will be made to the lowest priced technically acceptable proposal. Proposals will be evaluated for technical acceptability (including past performance), but will not be ranked using the non-price Factors (and Subfactors). In order for an Offeror to be considered for award, the proposal must receive an "Acceptable" rating in every non-price Factor. A proposal receiving a rating of "Unacceptable" in any non-price Factor will not be eligible for award. The following procedures will be used: All proposals shall be reviewed for timeliness. If the proposal is received after the closing date and does not meet the criteria for "late submissions" as stated in paragraph 5, the proposal will not be considered. Timely proposals shall be reviewed for responsiveness (compliance) with the solicitation. If the proposal is determined to be non-responsive, it will be marked as such and the proposal will receive no further consideration. Timely and responsive proposals shall be ranked from lowest to highest price. Only the lowest price proposal will be evaluated for technical acceptability based on the evaluation criteria listed below:

Evaluation Factors:

1. Price

2. Technical Acceptability - Each Vendor's proposal will be evaluated to determine if the Vendor provides a sound, compliant approach that meets the requirements of the SOW, and demonstrates a thorough knowledge and understanding of those requirements.

-- Subfactors:

a. Quality Control Plan (QCP) - Vendor will provide no more than a two page QCP

b. Employee Qualifications - Vendor will provide proof of certification

c. Past Performance - Vendor will provide no more than three relevant past projects using the Vendor Performance Data Sheet attached to the solicitation; the Government shall give special attention to past performance relating to the USG or Coalition Forces within the past five years.

Trade-offs between price and non-price Factors are not permitted. Each technical acceptability

Subfactor will be rated "Acceptable" or "Unacceptable." The proposal will be rated "Unacceptable" if any of the technical acceptability

Subfactors receive a rating of "Unacceptable."

In the even the lowest priced proposal is found to be technically unacceptable, the next lowest price proposal will be evaluated and so on. The Government will award a based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors."

(End of Provision)

52.212-3 Offeror Representations and Certifications – Commercial Items

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis- Bacon Act;

(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(vi) The Family and Medical Leave Act; and

(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act;

and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

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

(6) 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

(7) 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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“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.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

and

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

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

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

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

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order:

“Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov.

After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications— Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to 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 provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

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

(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.

(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.

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

[The offeror shall check the category in which its ownership falls]:

Black American.

Hispanic American.

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

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

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

Individual/concern, other than one of the preceding.

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C.

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

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

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate.

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

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

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

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

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

(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.:

(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

(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:

(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

(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:

(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

(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…