W91KN19R5000.pdf

SEE ADDENDUM

(No Collect Calls)

W912KN19R5000 29-Oct-2018

b. TELEPHONE NUMBER

609-754-3117

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 15 Nov 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912KN9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MSGT JOYCE BAKER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

F8G6S08282AW02

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

108TH WING CONTRACTING DIVISION

3369 WONNACOTT AV

MCGUIRE AFB NJ 08641-5406

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

609-754-3143FAX:

TEL: 609-754-4157 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$27,500,000

NAICS:

611512

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF36

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912KN19R5000

Section SF 1449 - CONTINUATION SHEET

SOW

PERFORMANCE WORK STATEMENT (PWS)

FOR

C-32B (757-200) PILOT TRAINING

1. DESCRIPTION OF SERVICES

1.1. BACKGROUND. The contractor shall provide academic and simulator training supporting NJANG C-32B (757-200) flight crews. When requested, the contractor will provide simulator time on an hourly basis.

1.2. SCOPE.

The training shall be conducted at the contractor’s facility. Training shall be conducted in a Federal Aviation (FAA) approved training center by FAA approved instructors. To be considered qualified, each contractor must possess an applicable training program approved under FAA Regulation (FAR) Part121, or FAR Part 135, or a training course approved under FAR Part 141, or FAR Part 142. Initial qualification training shall be to the standard that the pilots may receive an Airline Transport Pilot Certificate and a B-757 Type Rating (as applicable). Initial Certification will be accomplished by each pilot in the left seat. The contractor shall provide an FAA examiner (or designee) to administer the ATP Certificate/B-757 Type Rating check-ride or equivalent end of course check-ride.

1.3. SPECIFIC SUPPORT SERVICES.

1.3.1. Task 1. C-32B (757-200) Initial Pilot Training with ATP –CTP Training. The contractor shall conduct C-32B (757-200) Initial Pilot Training. The training class will consist of 1 or 2 pilots per class. If there is only 1 pilot, the NJANG will provide a second pilot for the simulator portion of training. The contractor shall provide a syllabus in contractor format to each student at the beginning of each class identifying the curriculum and the plan that will be used to enable the pilots to obtain an Airline Transport Pilot Certificate and B-757 Type Rating. On the end of course check ride, each pilot will perform all required ATP/Type check maneuvers independently in the left seat. The contractor shall provide an FAA examiner (or designee) to administer the ATP Certificate/B-757 Type Rating check-ride or equivalent end of course check-ride. The contractor shall also provide other handouts as deemed appropriate by the contractor for training purposes. An ATP ground school will be conducted right before the initial training to satisfy the ATP-CTP requirements. The contractor will also coordinate any testing required for the ATP rating. Initial Pilot Training, including ATP-CTP training, shall be completed within approximately 35 business days. During initial training, NJANG flight deck procedures and checklists shall be used. The contractor shall provide each initial pilot training student with a copy of their most current Computer Based Training (CBT) systems courseware, and access to their distance based learning courseware. Training of NJANG pilots shall be accomplished using Rolls Royce engines, dual cue flight directors, Pegasus FMC, Innovative Solution and Support Flat Panel Configuration and electronic flight instrument displays.

1.4. DELIVERALBLES.

DATA ITEM

NUMBER

PWS Para TITLE Delivery Date/Description

A001 4.8.5. AMC Form 246, Student Course Critique Forward with invoice A002 4.8.2. Student Failure Notification Letter Forward to 150 SOS/DOV when student receives an unsatisfactory course grade.

A003 4.10.1.

4.11.3.

4.11.8.

Contractor Course Materials

Forward a current copy of the contractor’s syllabus and courseware for each class under contract to 150 SOS/DOT within the first two weeks of a contract being awarded.

A004 4.11.5. Contractor Course Materials

Provide new NJANG pilots with a copy of the most current CBT courseware or access to their distance based learning courseware in conjunction with the initial pilot training course as outlined in paragraph 1.3.1.

2. SERVICES SUMMARY.

Performance Objective PWS Para Performance Threshold Provide C-32B Initial Pilot Training (with ATP-CTP)

1.3.1. Course content and presentation

adequate 100% of the time to enable students to obtain ATP Rating / Type Certification and pass an equivalent end of course check-ride (as applicable)

3. NJANG FURNISHED PROPERTY AND SERVICES

ITEM

NUMBER

PUBLICATION TITLE NO. COPIES

1 C-32B Flight Crew Operations Manual

Vol 1, 2, QRH 1

2 757 Flight Crew Training Manual FCTM 1 3 757 Flight Planning and

Performance Manual

FPPM 1

3 General Operating Procedures Extracted From AFI 11-2C-32B, Volume 3

Operations Procedures 1

4 AMC Form 246 Student Course Critique 1

4. GENERAL INFORMATION

4.1 SITE VISIT. The 150 SOS may request to visit the facility and evaluate the services to be provided. The visit will be coordinated with the 150 SOS and will be at the government’s expense.

4.2. PERIOD OF PERFORMANCE. The period of performance will be for one year from contract award date.

4.3. PLACE OF PERFORMANCE. C-32B (B757-200) training shall be conducted at the contractor’s facility. Training shall be conducted in a Federal Aviation (FAA) approved training center by FAA approved instructors.

4.4. TRAVEL AND OTHER DIRECT COSTS. No contractor travel required in support of this contract.

4.5. Hours of Work. A training period is defined as the period of time when a student reports to the training facility to start a training session until the student leaves the facility at the end of the training session.

4.5.1. Training Times. The maximum length of a training period is 9 hours. All academic training shall be accomplished between the hours of 7:00 a.m. and 6:00 p.m. local time Monday through Friday.

4.5.2. Simulator Training Hours. The contractor shall make every effort possible to conduct simulator training between the hours of 7:00 a.m. and 11:59 pm. local time from Monday to Friday.

4.5.3. Crew Rest. A period of time between training periods must be set aside for the student so that he/she is adequately rested to begin the next training session. This time must not be broken up into segments, and, therefore must be given as a solid block of time. The minimum length for crew rest time between training periods will be 12 hours.

4.6. Class Scheduling.

4.6.1. Classes shall be scheduled by direct contact between the NJANG representative and the contractor or their authorized representatives. Scheduling shall be accomplished after issuance of a task order by the Contracting Officer in accordance with the Ordering clause.

4.6.2. In the event agreement cannot be reached on scheduling of a class or classes, the matter shall be referred to the Contracting Officer for resolution. The NJANG reserves the right to substitute pilots at its discretion. Type of training conducted will be determined and administered by the NJANG.

4.6.3. Cancellation Notice. The NJANG shall notify the contractor in writing of any class cancellation in accordance with the contractor’s cancellation policy, or 30 calendar days prior to the class start date, whichever is closest to the scheduled start date. If the NJANG cancels training less than 30 days from the first day of training, the following cancellation fees will apply:

i. 100% of Simulator equipment rental fees that Seller incurs.

ii. 100% of instructors scheduled pay for services that would have been provided had training not been canceled. Instructor compensation will encompass all scheduled training starting on the date of cancellation notification and continue on for one month past the date of notification.

In the case of an emergency (i.e. death, injury, illness, mission essential task, or an emergency which requires the scheduled training to be cancelled in the best interest of the NJANG), the NJANG will not be liable for payment.

4.7. STUDENT QUALIFICATION. At the time of scheduling, the NJANG shall inform the contractor whether the student possesses the FAA prerequisites required to receive an Airline Transport Pilot (ATP) Rating/Type Certification (as applicable) rating upon completion of training.

4.8. STUDENT ADMINISTRATION.

4.8.1. The contractor shall coordinate with the 150 SOS/DOT and provide report times, location and instructor contact information. 150 SOS/DOT will provide the contractor with the names of the pilots attending classes.

4.8.2. UNSATISFACTORY PERFORMANCE.

4.8.2.1. Students whose academic progress does not meet the standards established for the course will continue in training and will be reported as stated below. If the contractor determines that a student should be released from training for any of the reasons listed in paragraphs (a), (b), and (c) below, he shall forward within twenty-four (24) hours of the determination, a message to the NJANG Contract Officer, and the students unit of assignment. The student will remain in class until disposition instructions are received from the NJANG. An information copy will be furnished to the Contracting Officer assigned to administer this contract.

4.8.2.2. Reasons for releasing a student are:

A. The student’s academic progress fails to meet established course standards, and, in the opinion of the contractor’s course supervisor, cannot satisfactorily complete the course;

B. The student’s physical condition, by reason of injury or illness, has been changed to the extent that further training is deemed impracticable;

C. An emergency develops which in the best interest of the NJANG, for compassionate reasons or for personal emergency, requires a student to be withdrawn from training, either temporarily or permanently.

4.8.5. COURSE CRITIQUE. Upon completion of training, the contractor shall provide each student with a copy of AMC Form 246, Student Course Critique. The contractor shall forward a completed copy of the course critique to the following address:

150 SOS/DOT

3390 Wonnacott Ave McGuire AFB,NJ 08641

4.9. SECURITY REQUIREMENTS. Training is unclassified.

4.9.1. PHYSICAL SECURITY. The contractor shall safeguard all NJANG owned equipment and materials (if any) in the contractor’s possession.

4.10. QUALITY ASSURANCE. According to the applicable Federal Acquisition Regulation, Inspection of Services clause the Government will evaluate the contractor’s performance under the contract. Any action taken by the QAP, as a result of surveillance, will be according to the terms of the contract.

4.10.1 Contractor Course Materials. Within the first two weeks of a contract award, the contractor will forward to 150 SOS/DOT a current copy of the contractor’s syllabus and courseware for each class under contract.

4.11. CONTRACTOR FURNISHED ITEMS AND SERVICES.

4.11.1. The contractor shall furnish a Federal Aviation Administration (FAA) certified C-757- 200 Level C or better Flight Simulator or Level 5 or better Flight Training Device for systems training, and Level D flight simulator for initial pilot training. The contractor shall provide a fully qualified B-757 pilot instructor.

4.11.2. The simulator configuration for all training will be Rolls Royce engines, dual cue flight directors, Pegasus FMC, Innovative Solution and Support Flat Panel Configuration and electronic flight instrument displays. The contractor will advise the unit when this configuration will not be available during the requested training dates. This will allow unit scheduling personnel to consider alternate training dates when appropriately configured simulators will be available. However, with unit concurrence, a simulator may be acceptable provided the contractor performs difference training with an alternate training device.

4.11.3. The contractor shall also furnish all training materials, and any other equipment required to perform this contract and for pilots to receive an ATP Certificate/B-757 Type Rating except for the materials and equipment that are identified to be NJANG furnished.

4.11.4. New NJANG pilots will receive a copy of the most current CBT courseware and access to their distance based learning courseware in conjunction with the initial pilot training course.

4.11.5. Other than the copies identified as NJANG furnished in Section 3, it is the responsibility of the contractor to furnish all copies of the forms necessary to fulfill the requirements of this performance requirements document.

4.11.6. Syllabus. The contractor shall submit an informational copy of all course syllabi to the NJANG within 10 calendar days after award of contract. The syllabus shall be submitted to 150 SOS/DOT 3390 Wonnacott Ave McGuire AFB, NJ 08641.

4.11.7. Emergency and Minor Medical Services. The contractor shall provide, to all students receiving training at the contractor’s facility, emergency minor medical services as normally provided its own employees. If immediate hospitalization is required, the contractor will arrange for the student to be admitted to the nearest available hospital. The contractor is not responsible for student hospitalization costs. The contractor shall notify the students unit of assignment within 24 hours after admitting any student to a hospital.

4.11.8. Performance of services during crisis declared by the president or secretary of defense up to and including war. None of the services in this SOW are determined to be essential for performance during a crisis.

Enterprise-wide Contractor Manpower Reporting Application (eCMRA) Reporting (JAN 2015) 52.237-9001 Enterprise-wide Contractor Manpower Reporting Application (eCMRA) Reporting.

Contractors are required to report all labor hours, regardless of contract type, via one of the four enterprise-wide Contractor Manpower Reporting Applications (eCMRA) at http://www.ecmra.mil/. There are four separate eCMRA tools: Army, Air Force, Navy and All Other Defense Components. The appropriate eCMRA reporting tool to use is determined by the requiring activity being supported (e.g., if DISA awards a contract for an Air Force requiring activity, the required contract data shall be loaded in the “Department of Air Force CMRA” tool). If a contract or order is funded by more than one requiring activity, the data for the order should be entered into the eCMRA tool associated with the requiring activity who provides the preponderance of the funding. Information from the eCMRA secure web site is considered to be proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor name and contract number associated with the data. Contracting officers can provide contractors with the web site (http://www.ecmra.mil/) to access eCMRA user manuals and gain an understanding of the data fields that will be included in the reporting structure.

Contractors and subcontractors are required to input all direct labor data into the appropriate eCMRA tool no later than 31 October for the period of performance of the preceding fiscal year.

Technical questions regarding the eCMRA tools should be directed to the eCMRA help desk at dodcmra@pentagon.af.mil.

BASIS OF AWARD

BASIS FOR AWARD: LPTA - The main focus will be on the contractor’s ability to provide Rolls Royce engines, Pegasus FMC, dual-cue flight directors and electronic flight instrument displays conducive to the mission/operation of the 150 Special Operation Squadron. In addition, the ability to provide adequate recurring and initial training. We are looking to go to the site visit TBD. Any questions, please contact the Contracting Office via email at joyce.baker@ang.af.mil or karen.e.foulds.mil@mail.mil

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Initial Pilot Sim with ATP

FFP

Initial Pilot Sim with ATP. Pilot will get 757 Type Rating and ATP rating per the

SOW.

FOB: Destination MFR PART NR: Null

PURCHASE REQUEST NUMBER: F8G6S08282AW02

SIGNAL CODE: A

PSC CD: U008

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each

CMRA

FFP

52.237-9001 Enterprise-wide Contractor Manpower Reporting Application (eCMRA) Reporting. Contractors are required to report all labor hours, regardless of contract type, via one of the four enterprise-wide Contractor Manpower Reporting Applications (eCMRA) at http://www.ecmra.mil/.

FOB: Destination MFR PART NR: Null

PURCHASE REQUEST NUMBER: F8G6S08282AW02

PSC CD: R699

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-DEC-2018 TO

31-MAY-2019

N/A F8G6S0

MAJOR ANDREW COSTELLO

3390 WONNACOTT AVENUE

MCGUIRE AFB NJ 08641

609-754-1379 FOB: Destination

F8G6S0

0002 16-NOV-2018 1 F8G6S0

3390 WONNACOTT AVENUE

MCGUIRE AFB NJ 08641

FOB: Destination

F8G6S0

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items AUG 2018 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.209-7998 (Dev) Representation Regarding Conviction of a Felony Criminal Violation under any Federal or State Law

MAR 2012

252.209-7999 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation)

JAN 2012

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

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:

LTPA - The main focus will be on the contractor’s ability to provide Rolls Royce engines, Pegasus FMC, dual-cue flight directors and electronic flight instrument displays conducive to the mission/operation of the 150 Special Operation Squadron. In addition, the ability to provide adequate recurring and initial training

(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.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2018)

The Offeror shall complete only paragraph (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 --

“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.

“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 stock of which 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 its stock is owned by one or more women; or

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

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

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

(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 representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (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 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 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.

(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) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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:

[List as necessary]

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

Other Foreign End Products:

Line Item No. Country of Origin

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). 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 (Jan 2004). 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

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 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 in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

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

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C.