Visual Information Packet Kit (VIPK)
Military Sealift Command Combined Synopsis and Solicitation Notice Information
1. This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
2. Solicitation number is N32205-19-Q-1008 and is being issued as a Request for Quotes (RFQ).
3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-03, effective 12 July 2019 and Defense Federal Acquisition Publication Notice (DPN) DPN-20190628, effective 28 June 2018.
4. The associated NAICS code is 334310 this procurement: Audio and Video Equipment Manufacturing.
1 is not being set-aside for small businesses.
0 is being set-aside for small businesses. The small business size standard is.
5. Military Sealift Command (MSC), Norfolk, VA intends to award a Firm Fixed Price purchase order for the following supplies/services. Original equipment manufacturer brand name parts are required from authorized (OEM) distributors for AWS Elemental supplies/services. The additional OEM brand name or equal parts are required to support the Visual Information Packet Kits (VIPKs) which salient characteristics is being provided as an attachment. Any offer for other than OEM parts, which are being requested in conjunction with the requested brand name, or equal parts will not be considered. The table below is provided for pricing, base year and four (4) twelve-months (12) months option periods which lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:
Visual Information Packet Kits
Base Year
CLIN DESCRIPTION QTY RDD PRICE EXT. PRICE
0001 Amazon Web Services GovCloud Service interface and monthly consumption. 12 MTHS.
0002 Premier AE Help Desk Support for AWS Elemental Server. 100 EA.
0003 AWS Cloud Configuration, Domain setup, Email Configuration for all ships (One-time fee). 1 EA.
0004 AWS Elemental® Server Perpetual Node Locked License up to 8 hyper-threaded CPU cores and 1 GPU socket. "Configured to automatically compress video and produce 4 MB, 2 MB, or 1 MB segments". 35 EA.
0005 AWS Elemental MiniAppliance (Linux Based Next Unit of Computing (NUC) Processor) 35 EA.
0006 AWS Elemental Hardware and Software Integration and Test 35 EA.
0007 Dell Precision 7730 Laptop- Brand Name or Equal 70 EA.
Insignia USB Microphone - Brand Name or Equal 70 EA.
Nikon D3500 SLR Camera Package - Brand Name or Equal 140 EA.
Nikon AF-S DX 18-300mmLenses - Brand Name or Equal 140 EA.
AstroScope 9350-NIKS-3PRO (Night vision) - Brand Name or Equal 70 EA.
Transcend 128GB SDXC Card-UHS-I U3- Brand Name or Equal 280 EA.
Nikon EN-EL14A Rechargeable LI-ION Battery- Brand Name or Equal 140 EA.
Tiffen 67mm UV Protector Filters - Brand Name or Equal 140 EA.
Manfrotto Compact Action Aluminum Tripod - Brand Name or Equal 135 EA.
Pelican 1605 Air Case TREKPAK with Insert- Brand Name or Equal 70 EA.
Total Price: ______________________
CLIN DESCRIPTION QTY RDD PRICE EXT. PRICE
0001 AWS Elemental® Server Perpetual Node Locked License up to 8 hyper-threaded CPU cores and 1 GPU socket. "Configured to automatically compress video and produce 4 MB, 2 MB, or 1 MB segments". 10 EA.
0002 AWS Elemental Hardware and Software Integration and Test 10 EA
0003 Premier AE Help Desk Support for AWS Elemental Server. 10 EA.
0004 Elemental MiniAppliance (Linux Based Next Unit of Computing (NUC) Processor) 10 EA
0005 Dell Precision 7730 Laptop- Brand Name or Equal 15 EA.
Insignia USB Microphone - Brand Name or Equal 15 EA.
Nikon D3500 SLR Camera Package - Brand Name or Equal 30 EA.
Nikon AF-S DX 18-300mmLenses - Brand Name or Equal 30 EA.
AstroScope 9350-NIKS-3PRO (Night vision) - Brand Name or Equal 15 EA.
Transcend 128GB SDXC Card-UHS-I U3- Brand Name or Equal 60 EA.
Nikon EN-EL14A Rechargeable LI-ION Battery- Brand Name or Equal 30 EA.
Tiffen 67mm UV Protector Filters - Brand Name or Equal 30 EA.
Manfrotto Compact Action Aluminum Tripod - Brand Name or Equal 15 EA.
Pelican 1605 Air Case TREKPAK with Insert- Brand Name or Equal 15 EA.
Total Price: ______________________
Option Period 1 (OY1)
CLIN DESCRIPTION QTY RDD PRICE EXT. PRICE
1001 Amazon Web Services GovCloud Service interface and monthly consumption. 12 MTHS.
1002 Premier AE Help Desk Support for AWS Elemental Server. 105 EA.
1003 AWS Elemental Hardware and Software Integration and Test 5 EA.
1004 Elemental MiniAppliance (Linux Based Next Unit of Computing (NUC) Processor) 5 EA.
1005 AWS Elemental® Server Perpetual Node Locked License up to 8 hyper-threaded CPU cores and 1 GPU socket. "Configured to automatically compress video and produce 4 MB, 2 MB, or 1 MB segments". 5 EA.
1006 Dell Precision 7730 Laptop- Brand Name or Equal 7 EA.
Insignia USB Microphone - Brand Name or Equal 14 EA.
Nikon D3500 SLR Camera Package - Brand Name or Equal 14 EA.
Nikon AF-S DX 18-300mmLenses - Brand Name or Equal 14 EA.
AstroScope 9350-NIKS-3PRO (Night vision) - Brand Name or Equal 14 EA.
Transcend 128GB SDXC Card-UHS-I U3- Brand Name or Equal 14 EA.
Nikon EN-EL14A Rechargeable LI-ION Battery- Brand Name or Equal 14 EA.
Tiffen 67mm UV Protector Filters - Brand Name or Equal 14 EA.
Manfrotto Compact Action Aluminum Tripod - Brand Name or Equal 7 EA.
Pelican 1605 Air Case TREKPAK with Insert- Brand Name or Equal 7 EA.
Total Price: ______________________
Option Period 2 (OY2)
CLIN DESCRIPTION QTY RDD PRICE EXT. PRICE
2001 Amazon Web Services GovCloud Service interface and monthly consumption. 12 MTHS.
2002 Premier AE Help Desk Support for AWS Elemental Server. 110 EA.
2003 AWS Elemental Hardware and Software Integration and Test 5 EA.
2004 Elemental MiniAppliance (Linux Based Next Unit of Computing (NUC) Processor) 5 EA.
2005 AWS Elemental® Server Perpetual Node Locked License up to 8 hyper-threaded CPU cores and 1 GPU socket. "Configured to automatically compress video and produce 4 MB, 2 MB, or 1 MB segments". 5 EA.
2006 Dell Precision 7730 Laptop- Brand Name or Equal 7 EA.
Insignia USB Microphone - Brand Name or Equal 14 EA.
Nikon D3500 SLR Camera Package - Brand Name or Equal 14 EA.
Nikon AF-S DX 18-300mmLenses - Brand Name or Equal 14 EA.
AstroScope 9350-NIKS-3PRO (Night vision) - Brand Name or Equal 14 EA.
Transcend 128GB SDXC Card-UHS-I U3- Brand Name or Equal 14 EA.
Nikon EN-EL14A Rechargeable LI-ION Battery- Brand Name or Equal 14 EA.
Tiffen 67mm UV Protector Filters - Brand Name or Equal 14 EA.
Manfrotto Compact Action Aluminum Tripod - Brand Name or Equal 7 EA.
Pelican 1605 Air Case TREKPAK with Insert- Brand Name or Equal 7 EA.
Total Price: ______________________
Option Period 3 (OY3)
CLIN DESCRIPTION QTY RDD PRICE EXT. PRICE
3001 Amazon Web Services GovCloud Service interface and monthly consumption. 12 MTHS.
3002 Premier AE Help Desk Support for AWS Elemental Server. 115 EA.
3003 AWS Elemental Hardware and Software Integration and Test 5 EA.
3004 Elemental MiniAppliance (Linux Based Next Unit of Computing (NUC) Processor) 5 EA.
3005 AWS Elemental® Server Perpetual Node Locked License up to 8 hyper-threaded CPU cores and 1 GPU socket. "Configured to automatically compress video and produce 4 MB, 2 MB, or 1 MB segments". 5 EA.
3006 Dell Precision 7730 Laptop- Brand Name or Equal 7 EA.
Insignia USB Microphone - Brand Name or Equal 14 EA.
Nikon D3500 SLR Camera Package - Brand Name or Equal 14 EA.
Nikon AF-S DX 18-300mmLenses - Brand Name or Equal 14 EA.
AstroScope 9350-NIKS-3PRO (Night vision) - Brand Name or Equal 14 EA.
Transcend 128GB SDXC Card-UHS-I U3- Brand Name or Equal 14 EA.
Nikon EN-EL14A Rechargeable LI-ION Battery- Brand Name or Equal 14 EA.
Tiffen 67mm UV Protector Filters - Brand Name or Equal 14 EA.
Manfrotto Compact Action Aluminum Tripod - Brand Name or Equal 7 EA.
Pelican 1605 Air Case TREKPAK with Insert- Brand Name or Equal 7 EA.
Dell Precision 7730 Laptop- Brand Name or Equal 7 EA.
Total Price: ______________________
Option Period 4 (OY4)
CLIN DESCRIPTION QTY RDD PRICE EXT. PRICE
4001 Amazon Web Services GovCloud Service interface and monthly consumption. 12 MTHS.
4002 Premier AE Help Desk Support for AWS Elemental Server. 120 EA.
4003 AWS Elemental Hardware and Software Integration and Test 5 EA.
4004 Elemental MiniAppliance (Linux Based Next Unit of Computing (NUC) Processor) 5 EA.
4005 AWS Elemental® Server Perpetual Node Locked License up to 8 hyper-threaded CPU cores and 1 GPU socket. "Configured to automatically compress video and produce 4 MB, 2 MB, or 1 MB segments". 5 EA.
4006 Dell Precision 7730 Laptop- Brand Name or Equal 7 EA.
Insignia USB Microphone - Brand Name or Equal 14 EA.
Nikon D3500 SLR Camera Package - Brand Name or Equal 14 EA.
Nikon AF-S DX 18-300mmLenses - Brand Name or Equal 14 EA.
AstroScope 9350-NIKS-3PRO (Night vision) - Brand Name or Equal 14 EA.
Transcend 128GB SDXC Card-UHS-I U3- Brand Name or Equal 14 EA.
Nikon EN-EL14A Rechargeable LI-ION Battery- Brand Name or Equal 14 EA.
Tiffen 67mm UV Protector Filters - Brand Name or Equal 14 EA.
Manfrotto Compact Action Aluminum Tripod - Brand Name or Equal 7 EA.
Pelican 1605 Air Case TREKPAK with Insert- Brand Name or Equal 7 EA.
Total Price: ______________________
6. Statement of Work (SOW)
STATEMENT OF WORK
Visual Information Package Kits
1. Scope.
As directed by the Secretary of Defense, all Naval units must be provided with the capability to capture Visual Information (VI), which is defined as still photos and videos, in order to document events. In order to meet that direction, all Military Sealift Command (MSC) ships require equipment and processing capability that will allow them to perform the following tasks and processes:
• Take high quality still photos and produce high definition (HD) video, day or night
• Enter metadata on photos, and reduce their file size if required
• Add narratives to video files and trim as required
• Transmit all VI products to Maritime Operations Centers (MOCs)
2. Background.
The Navy-Wide Operational Task message (OPTASK) VI directs that VI products shall be transmitted to Maritime Operations Centers (MOC's) within one-hour of a reportable event. Thirty to forty-five second video files, required by the Navy-Wide OPTASK VI are very large (normally 100 to 200 megabytes). MSC units, which are equipped with the Consolidated Afloat Network Exchange System (CANES) and the Integrated Shipboard Network Systems (ISNS) networks, have the capability to use SAILOR/ASPERA to transmit files of 100 to 200 megabytes' size within the prescribed time limits. However, only the T-EPF and T-AKE class ships are outfitted with CANES/ISNS. MSC ships that operate on the SMS network do not have the capability to transmit raw files in a time frame that meets reporting requirements and must be provided with a solution other than SAILOR/ASPERA.
Amazon Web Services (AWS) Elemental Server software was tested in a pilot program and has demonstrated the ability to provide that capability. AWS Elemental, hosted on a sold-state drive attached to a stand-alone laptop computer, segments and compresses large video files into "playlists" made up of a series of one, two, or four megabyte files that can be transmitted quickly by MSC ships using existing bandwidth. Playlists are transmitted to a receiving entity, where they are decoded and reconstructed and made available to authorized viewers (this technology and capability is proprietary). Currently, the receiving entity is a watch team at MSC. Efforts are underway to make the receiving entity Cloud based.
3. Objectives.
• Acquire the capability to take still photos and videos, in daylight or darkness, and make those files available to Maritime Operations Centers within one-hour of a reportable incident.
4. Specific Requirements.
• The contractor shall provide supportive laptop computers with SD card readers, DVD read/write drives, Adobe Creative Cloud subscription, and solid-state drives configured with AWS Elemental Server Software that is capable of compressing and segmenting video files into one, two or four megabyte segments.
• The contractor shall create an AWS Cloud configuration for MSC, setup a unique MSC domain, and provide email configuration for all MSC units in the program.
• The contractor shall provide a subscription to AWS Media Convert services that affords the capability for each ship to use up to 1,666 minutes of Media Convert services (uploading of video files to AWS Cloud) per month.
• The ability to provide replacements for the above listed equipment as required
• The contactor shall provide access to Premier AE support for Elemental Server (Help Desk support) for 120 units.
• The contractor shall modify configurations as required to accommodate any changes in integration, hardware and software requirements to ensure reconfiguration allows the capabilities of the VIPK's to accurately process data.
5. VIPK's Components:
Visual Information Package Kits (VIPK) equipped with the following per each kit:
• 2 ea. DSLR cameras capable of taking photos and HD video
• 2 ea. 18-300mm zoom lenses
• 1 ea. night-vision devices (NVDs) that provide the capability to take photos and videos at night
• 1 ea. laptop computers with SD card readers, a USB mouse, and DVD read/write drives
• 1 ea. solid-state drives configured with AWS Elemental Server software that is capable of compressing and segmenting video files into one, two or four megabyte segments
• 2 ea. 128-gigabyte secure digital (SD) cards
• 2 ea. spare camera batteries
• 1 ea. 67mm UV Protector Filter
• 1 ea. Tripod
• 1 ea. Pelican 1605 Air Cases with custom foam cutouts
5. Place of Performance:
• The kits shall be delivered to MSC Headquarters in Norfolk, Virginia, where they will be imaged and then delivered to all MSC ships
6. Security.
• Unclassified.
7. Government Furnished Equipment (GFE).
• GFE will not be provided under this Order
8. Period of Performance:
• The base period of performance shall be from 03 August 2019 through 02 September 2020. In addition to the base period, there are four (4) one-year twelve-months (12) option periods from 03 September 2020 through 02 September 2024.
7. The required delivery and acceptance info is listed below. The items being procured are to be provided FOB Destination.
N32205 MSC W143 WARHOUSE RDD: AS SOON AS POSSIBLE
1968 GILBERT ST. DWY 10 (Requisition #: N3220591424001 - Ensure
NORFOLK, VA 23511 requisition number is incorporated on shipping/packing documents)
Note for Shipping:
The Government requests that shipping costs be incorporated into the price of each item rather than a separate line for total shipping costs. The Government will spread the shipping costs across all lines upon award if quoted as a separate line item.
8. The provision at FAR 52.212-1, Instructions to Offerors - Commercial applies to this acquisition and is incorporated by reference. The provision is amended as follows:
52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (DEVIATION 2018-O0018)
a. Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.
b. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.
c. The term "offeror" or "offer" as used in FAR 52.212-1 shall be understood to mean "quoter" and "quote," respectively. Further, the term "award" shall be understood to describe the Government's issuance of an order.
d. The Government will consider all quotes that are timely received and may consider late quotes. Failure of a quote to address any items required in the submission package may make a quote unacceptable.
e. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:
AWS Elemental® Server Perpetual Node Locked License up to 8 hyper-threaded CPU cores and 1 GPU socket. "Configured to automatically compress video and produce 4 MB, 2 MB, or 1 MB segments". (T-EPF and T-AKE ships will not be equipped with supportive AWS Elemental material - CANES/ISNS utilized) 1 EA.
Premier AE Help Desk Support for AWS Elemental Server. ". (T-EPF and T-AKE ships will not be equipped with supportive AWS Elemental material - CANES/ISNS utilized) 1 EA.
Elemental MiniAppliance (Linux Based Next Unit of Computing (NUC) Processor) (T-EPF and T-AKE ships will not be equipped with AWS Elemental supportive material - CANES/ISNS utilized ) 1 EA.
Dell Precision 7730 Laptop- Brand Name or Equal 1 EA.
Insignia USB Microphone - Brand Name or Equal 2 EA.
Nikon D3500 SLR Camera Package - Brand Name or Equal 2 EA.
Nikon AF-S DX 18-300mmLenses - Brand Name or Equal 2 EA.
AstroScope 9350-NIKS-3PRO (Night vision) - Brand Name or Equal 2 EA.
Transcend 128GB SDXC Card-UHS-I U3- Brand Name or Equal 2 EA.
Nikon EN-EL14A Rechargeable LI-ION Battery- Brand Name or Equal 2 EA.
Tiffen 67mm UV Protector Filters - Brand Name or Equal 2 EA.
Manfrotto Compact Action Aluminum Tripod - Brand Name or Equal 2 EA.
Pelican 1605 Air Case TREKPAK with Insert- Brand Name or Equal 1 EA.
In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:
Responsible sources shall provide the following:
1. Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price
2. Total Firm Fixed price
3. Any Discount Terms
4. Estimated time of delivery
5. Technical Submission Requirements
a. For Parts/Supply buy, the quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule.
b. For a Services buy, the quote shall contain all pre-award submission/certification requirements as defined in the statement of work (SOW).
6. Responses to the solicitation are due no later than 25 July 2019 by 09:00 a.m. eastern standard time. Quotes may be e-mailed to partrick.frost1@navy.mil. To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government's sole discretion. Please reference the solicitation number on your quote.
Primary Point of Contact: Mr. Patrick Frost at (757) 443-0964
Secondary Point of Contact:
The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1. Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.
9. Provision 52.212-2 Evaluation-Commercial Items (Oct 2014) applies to this acquisition.
(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:
(i) technical capability of the item offered to meet the Government requirement;
(ii) price; Lowest Price Technically Acceptable (LPTA)
(iii) past performance (see FAR 15.304 and DFARS 213.106-2));
Award shall be made to the lowest priced technically acceptable offeror in LPTA solicitations. To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation. To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met.
If utilized, a past performance evaluation will be conducted in accordance with FAR 13.106-2(b)(3)(ii)(C). The Government intends to utilize the Government Wide Past Performance Information Retrieval System (PPIRS) for past performance evaluations as a basis for anticipating successful/unsuccessful performance on this required effort. To be considered acceptable for past performance, a search of the PPIRS must reveal no negative past performance information for the recent and relevant records. In the event there are no recent and/or relevant PPIRS records, the quoter may submit information on recent and relevant subcontracts and/or commercial contracts. If no recent and relevant contracts are available in PPIRS or submitted by the offeror, the quoter's past performance record shall be considered "unknown." In the context of acceptable or unacceptable, "unknown" past performance shall be considered "acceptable." To be considered recent, the effort must either still be in progress or have been completed within the previous three (3) years from date of this draft award notice. To be considered relevant the record should be similar in terms of complexity, scope, and magnitude. "Scope" is defined as experience in areas defined in the SOW. "Magnitude" is defined as the measure of similarity of the volume, dollar value, and/or duration of work actually performed under the quoter's submitted contracts to the SOW. At the quoter's discretion, additional past performance information may be submitted with the quote as a supplement to PPIRS. If furnished, this submission will be evaluated in accordance with the procedures described above.
The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3.
(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 (Oct 2018)
All offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications - Commercial Items with its offer.
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (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-
(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).
"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.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (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. [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.
(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:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) 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:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.:
___________________________________________
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act'':
Canadian or Israeli End Products:
Line Item No.: Country of Origin:
[List as necessary]
(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No.: Country of Origin:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products
Line Item No.: Country of Origin:
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--
(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; 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. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. 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 appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed End Product
Listed End Product: Listed Countries of Origin:
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-
(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) [_] Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that-
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that-
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies-
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.
(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[_] TIN:_____________________.
[_] TIN has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt);
[_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR 1.6049-4;
[_] Other ____________________.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent:
[_] Name and TIN of common parent:
Name ____________________________________
TIN ______________________________________
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code:_____________________________________________
Immediate owner legal name:______________________________________________
(Do not use a "doing business as" name)
Is the immediate owner owned or controlled by another entity:
[ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:_____________________________________________
Highest level owner legal name:______________________________________________
(Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
(1) As required by section 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-
(i) 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 and 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
(ii) 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.
(2) The Offeror represents that--
(i) 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
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.)
(1) 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.
(2) If the Offeror has indicated "is" in paragraph (r)(1) 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).
(s) Reserved.
(t) Public Di
