Solicitation.docx

W81XWH-17-T-0415

Section SF 1449 - CONTINUATION SHEET

Evaluation

FFP

Provide the goverment with any evaluation of the repairs and price required FOB: Destination

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Repair

Repair of units based on the provided cost sheet.

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Job

Shipping

COST

Shipping to have units evaluated

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Contractor Manpower Reporting

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ESTIMATED COST

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PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

for Phantom Repair Services

INTRODUCTION

U.S. Army Aeromedical Research Laboratory (USAARL) is located in Fort Rucker, Alabama and is a subordinate research laboratory command under the U.S. Army Medical Research and Materiel Command, located in Frederick, MD at Fort Detrick.

USAARL aims to provide medical research in the military operations environment to sustain the Warfighter’s performance by delivering medical research, developing, testing, and evaluating solutions to air and ground Warriors. USAARL conducts medical research to develop and provide the biomedical basis for countermeasures that prevent and mitigate Warrior injury. Specifically, the Lab’s research includes developing return-to-duty standards for Soldiers suffering from neurosensory injuries, mild traumatic brain injuries, determining the effectiveness of life support equipment, and preventing and mitigating ground- and air-crew biomechanical injuries.

Today, USAARL’s mission has expanded to cover research preventing and mitigating aviator and ground warrior injuries. However, the mission would not be accomplished without USAARL’s team of physicians, engineers, scientists, psychologists, pilots, and administrators. USAARL applies its medical, psychological, and physiological knowledge and skills to optimize systems for the end user – the U.S. Army Warfighter. In doing so, the Laboratory has had an immeasurable effect on improving Army systems and has helped save countless lives.

BACKGROUND

Several Phantom High Speed Video Cameras have been procured and delivered to USAARL since 2002, including: V5, V9, and Miro. All cameras have been functioning since purchase. At present, two cameras have stopped functioning. USAARL requires services for inspection, calibration, and/or maintenance/repair/replacement of parts for both systems.

PURPOSE AND OBJECTIVE OF THE PROCUREMENT

The purpose of this procurement is to obtain services to inspect, calibrate, and/or maintain (i.e. repair/replacement of parts) existing USAARL Phantom cameras: one (1) V9 and one (1) Miro. The inspection, calibration, maintenance services shall be performed at Contractor’s site. Shipping to contractor will be at Government’s expense. Return shipping will be at Contractor’s expense. Repair and/or replacement of parts shall be provided, if needed.

CONTRACTOR TASKS/REQUIREMENTS

Task 1: Contractor technicians shall be factory trained, or equivalent, in the servicing of this equipment.

Task 2: Upon request of COR, Contractor shall provide a “Request Merchandise Authorization (RMA)” or a “Return Authorization (RA)” for the camera to be repaired. The shipping label will contain the RMA/RA number as identification when the camera is shipped to the Contractor.

Task 3: The Contractor shall inspect and calibrate the equipment identified above in accordance with manufacturer specification of operational performance.

Task 4: The Contractor shall provide a “failure” report AND a written estimate of cost (i.e. quote) for any repair/replacement of parts to the COR within 15 calendars days of inspection and/or calibration. The Contractor shall wait for COR instruction/approval prior to taking any action regarding the repair or replacement of any part. The COR will provide direction to the Contractor with 15 calendars days of receipt of quote.

Task 5: The Contractor shall ship, at contractor’s expense, camera equipment back to USAARL upon completion of calibration/repair/replacement.

DELIVERABLES

a) Upon request of COR, Contractor shall provide a “Request Merchandise Authorization (RMA)” or a “Return Authorization (RA)” when the camera requires repair. The shipping label will contain the RMA/RA number as identification when the camera is shipped to the Contractor.

b) The Contractor shall provide calibration documentation, hard copy and/or electronically, for each camera “successfully calibrated/repaired” to the COR within 15 calendars days of calibration. The documentation shall state, at a minimum, each camera is within manufacturer specification of operational performance.

c) The Contractor shall provide a written failure report AND a price quote associated with the cost of repair or replacement for any equipment that does not meet manufacturer specification of operational performance to the COR within 15 calendars days of calibration. After repair/replacement written documentation shall state, at a minimum, each camera is within manufacturer specification of operational performance.

d) The Contractor shall ship, at contractor’s expense, equipment back to USAARL upon completion of calibration/repair/replacement.

e) The Contractor shall report and provide a written estimate of cost (quote) to the COR for any repair/replacement of parts within 15 calendars days of inspection and/or calibration.

f) The Contractor shall report contract‐related information in accordance with the Contractor Manpower Reporting (CMR) clause by 31 October of each year to the CMR website at: https://cmra.army.mil.

GOVERNMENT-FURNISHED PROPERTY

The COR shall contact the Contractor for a Request Merchandise Authorization (RMA) or Return Authorization (RA) when the camera requires repair. The Government will ship the camera to the Contractor, at Government’s expense. Cameras shall be identified with the RMA/RA number.

SECURITY AND SAFEGUARD METHODS

1. The Contractor shall establish appropriate administrative, technical, and physical safeguards to protect any and all Government data. The Contractor shall ensure the confidentiality, integrity, and availability of Government data is in compliance with all applicable laws and regulations, including data breach reporting and response requirements, in accordance with DFARS Subpart 224.1 (Protection of Individual Privacy), which incorporates by reference DoD 5400.11, “DoD Privacy Program,” May 8, 2007, and DoD 5400.11-R, “DoD Privacy Program,” May 14, 2007. The Contractor shall also comply with federal laws relating to freedom of information and records management.

1. The Contractor must provide analyzed data within the established timeframe.

ANTITERRORISM / OPERATIONS SECURITY REQUIREMENTS

For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated subcontractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (Army Directive 2014-05/AR 190-13); applicable installation, facility and area commander installation and facility access and local security policies and procedures (provided by Government representative); or, at OCONUS locations, in accordance with status-of-forces agreements and other theater regulations.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The QASP is a tool used by the Government (i.e. COR) as a way to assess Contractor performance. The following performance based service acquisition items will be monitored under this QASP and shall be uploaded to the Virtual Contractor Enterprise (VCE) at https://cor.army.mil on a monthly basis by the COR:

See attachment – Quality Assurance Surveillance Plan

TRAVEL

None.

PERIOD OF PERFORMANCE

The period of performance shall be one (1) calendar year from the date of contract award.

CONTRACTOR MANPOWER REPORTING

Input for Contract Services information in the web site operated and maintained by the Assistant Secretary of the Army (Manpower & Reserve Affairs). See the "Contractor Manpower Reporting" clause for specific reporting information. Reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. The Contractor shall provide evidence of compliance with the CMR requirement to the Contractor Officer's Representative, Contract Specialist, and Contracting Officer no later than 15 November of each calendar y

QASP

Quality Assurance Surveillance Plan – Phantom Repair Services

Performance Objective (Required Tasks)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

28-SEP-2018

FORT RUCKER

W03Y USA AEROMED RSCH LAB

BLDG 6901

FERRELL RD

FORT RUCKER AL 36362-5152

334-255-7632

W31NWX

28-SEP-2018

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28-SEP-2018

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28-SEP-2018

W31NWX

28-SEP-2019

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28-SEP-2019

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28-SEP-2019

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28-SEP-2019

W31NWX

28-SEP-2020

W31NWX

28-SEP-2020

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28-SEP-2020

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28-SEP-2020

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28-SEP-2021

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28-SEP-2021

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28-SEP-2021

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28-SEP-2021

W31NWX

28-SEP-2022

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28-SEP-2022

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28-SEP-2022

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28-SEP-2022

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CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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:

Technical and past performance, when combined, are more important when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

EVALUATION CRITERIA

1. BASIS FOR AWARD

The award will be made based on the best overall (i.e., best value) proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the following evaluation factors:

Technical Capability Quality Control Plan Past Performance Price

Technical Capability and Quality Control Plan are equal in importance and are considered more important than Past Performance. The Subfactors under each factor are of equal importance; However, price may become the deciding factor if proposals are evaluated and determined to be technically equivalent. To receive consideration for award, a rating of no less than "Acceptable" must be achieved for the Technical Capability and Quality Control Plan factors. If upon final evaluation, an offeror is deemed “Unacceptable” or “High Risk” for any individual non-price factor, they shall be excluded from award consideration.

1. EVALUATION CRITERIA

1. The non-price evaluation factors (Technical Capability and Quality Control Plan) will each receive a rating of Excellent, Good, Acceptable, Marginal, or Unacceptable.

Technical Capability – is a demonstration that which the offeror understands the requirement and a detailed explanation of how the offeror intends to successfully perform the requirement. That is, an understanding of the tasks required and to be performed as well as methodology and flexibility in performing the requirement within the timeframe allotted.

Quality Control Plan (QCP) – is a demonstration of how offeror complies with the quality standard established in the PWS. At a minimum, the QCP must include a self-inspection plan, an internal staffing plan, and an outline of the procedures will use to maintain quality, timeliness, responsiveness, customer satisfaction.

The following rating definitions will be used for technical capability:

Combined Technical/Risk Ratings Table

1. The non-cost evaluation factor Past Performance, will receive a rating of Relevancy and Confidence as defined below:

Past Performance Relevancy Ratings Table

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant

Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Performance Confidence Assessments Table

1. Price will be evaluated separately from the non-cost quote and past performance and will be evaluated for fairness and reasonableness. The CLIN pricing and price data sheet will be reviewed for reasonableness. The total evaluated price will be evaluated for reasonableness based on competition and compared to the Independent Government Cost Estimate.

1. TRADE-OFF ANALYSIS

1. When making the source selection decision, the award is not necessarily made to the lowest priced offer; however, the trade-off process does not preclude eventual selection of the lowest priced, acceptable offer as providing the best value. By applying trade-off analysis, each offer will be considered by examining the proposal attributes of each of the non-price factors (i.e. Technical Capability, Quality Control Plan and Past Performance), and the offered price as independent variables. This analysis necessitates tradeoffs be made between the non-price strengths and weaknesses, risks, and price offered in each proposal. The Source Selection Authority (SSA) will consider the strengths and weaknesses identified for each factor during the evaluation process and assess their impact on the acquisition objectives. The SSA will assess the best mix of price and non-price benefits. The award is then made to the offeror who proposes the combination of factors which represents the best value based on the trade-off analysis.

1. The source selection decision document will describe the rationale for making the best-value award decision. If the lowest priced, acceptable offer is not selected, or the superior technical proposal is not selected the justification for making such a determination will be included in the source selection decision document.

1. The SSA must document his/her rationale for selecting the successful offeror(s) in an independent, standalone document. The source selection decision document should explain how the successful proposal(s) compared to other offerors’ proposals based on the evaluation factors and sub factors in the solicitation and should discuss the judgment used in making tradeoffs. In the event that the SSA disagrees with a finding(s) of the Source Selection Evaluation Board (SSEB), the SSA’s rationale shall be part of the decision document.

1. When the SSA determines that the best value proposal is other than the lowest-priced proposal, the document must explicitly justify paying a price premium regardless of the superiority of the proposal's non-cost rating. The justification must clearly state what benefits or advantages the Government is receiving for the added price and why it is the Government's interest to expend the additional funds. This justification is required even when the solicitation indicates that non-cost factors are more important than cost price. When the SSA determines the non-cost benefits offered by the higher-priced, technically superior proposal are not worth the price premium, an explicit justification is also necessary.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) ALTERNATE I (OCT 2014)

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 https://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;

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

(v) The Family and Medical Leave Act; and

(vi) 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—

(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).

“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.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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 represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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.