United States Consulate General Erbil, Iraq To: Prospective Offeror/Quoter Subject: 191Z2518Q0002 Date: November 14, 2017 Enclosed is a Request for Quotations (RFQ) for Maintenance of TV Cable Distribution at the US Consulate General Erbil/Ankawa Compound. If you would like to submit a quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter. The U.S. Government intends to award a contract/purchase order to the responsible company submitting an acceptable quotation at the lowest price. We intend to award a contract/purchase order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so. Quotations are due by December 14 th 2017, 16:00 local time. Sincerely, David Cummings Contracting Officer Enclosure: RFQ: 191Z2518Q0002
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United States Consulate General
Erbil, Iraq
To: Prospective Offeror/Quoter
Subject: 191Z2518Q0002
Date: November 14, 2017
Enclosed is a Request for Quotations (RFQ) for Maintenance of TV Cable Distribution at the US
Consulate General Erbil/Ankawa Compound. If you would like to submit a quotation, follow the
instructions in Section 3 of the solicitation, complete the required portions of the attached document, and
submit it to the address shown on the Standard Form 1449 that follows this letter.
The U.S. Government intends to award a contract/purchase order to the responsible company submitting an
acceptable quotation at the lowest price. We intend to award a contract/purchase order based on initial
quotations, without holding discussions, although we may hold discussions with companies in the competitive
range if there is a need to do so.
Quotations are due by December 14th
2017, 16:00 local time.
Sincerely,
David Cummings
Contracting Officer
Enclosure:
RFQ: 191Z2518Q0002
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449
02 Corrective maintenance during business hours hour 200
03 Corrective maintenance during non-business hours hour 120
04 Install new TV drops each 25
Subtotal
05 Multi-Channel Switch (Televes) each 3
06 Multiplexer switch (Televes) each 3
07 Power Supply (Televes) each 3
08 LNB (Televes) each 3
09 UPS 31CVA (Online) (APC) each 1
010 Amplifier (Televes) each 6
011 Splitter (Televes) each 15
012 Fiber to Video converter (Televes) each 3
013 TV - Receiver (Next) each 30
014 Fiber Optic Cable 24 Cores (Aerial Type) meter 300
015 TV Cable, RG59 (Televes) meter 1000
016 TV Outlet Box each 25
017 Outdoor Box (50x60cm),P65 each 6
018 Terminal each 50
Subtotal
Total
Price Summary
Base year
1st option year
2nd option year
Grand Total
*All prices should include DBA insurance cost. Please see Section 3, Solicitation Provision
III. VALUE ADDED TAX VAT VERSION VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.
CONTINUATION TO SF-1449,
RFQ NUMBER 191Z2518Q0002
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
1.1 SERVICE DESCRIPTION
1. SERVICE SYNOPSIS
The project is described as Maintain the Television Cable Distribution Network at the US Consulate, Erbil, Iraq. The Contractor should furnish all necessary materials, labor, transportation, equipment and supervision, etc. Work will be performed within fixed-price IDIQ contract (Indefinite Quantity Indefinite Delivery).
2. BACKGROUND
The service is required to maintain the current TV network in side US Consulate General Erbil-Ankawa Compound.
3. SOLUTION
Have a contract to maintain the current TV network regularly and in case of emergency, weekends and holidays. The contractor should monitor the system and make sure that all viewpoints work properly.
2.1 GENERAL CONDITIONS
1. Fixed-Price Proposal. The Contractor shall provide one fixed-priced Proposal for the complete service that includes every aspect of the Work.
2. Execution. The Work shall be executed in a diligent and workmanlike manner in accordance with
the negotiated fixed-price, this Scope of Work and Local laws.
3. Work Hours. Unless otherwise agreed with COR or the Housing Assistant, the Work shall be executed during normal Consulate working hours. Night, weekend or holiday work for troubleshooting should be arranged in advance with the GSO (General Service Office) and COR.
4. Safety. The Contractor shall be responsible for conducting the work in a manner that ensures the safety of employees and visitors to the Consulate, and the Contractor’s employees. The contractor is NOT responsible to start the work before the safety briefing taken.
5. Workforce. The contractor shall provide all supervision and unskilled labor needed to perform
the work. The contractor shall comply with embassy security policy by providing embassy approved escorts. Contractor provided escorts shall be in quantity sufficient to comply with RSO escort ratios for number of workers on the project. The contractor shall prepare requests to RSO for vetting of employees to get escort badges. The Contractor or government may request for workers to be badged for unescorted Consulate access by going through RSO vetting process. Contractor shall provide the vetting packages for COR for all laborers and including the escort/s in 14 calendar days from the day of awarding the contract. Vetting procedures may take two months or more to get the group cleared.
6. Subcontractors. Contractor shall be responsible for the conduct and workmanship of
Subcontractors engaged in the Project, and for Subcontractors compliance with the terms of this Statement of Work.
7. Modification to Contract. The Contractor shall not incur any costs beyond those described in
this SOW unless directed otherwise in writing by the Contracting Officer. Any work performed by the Contractor beyond this SOW without written direction from the Contracting Officer will be at the Contractor’s own risk and at no cost to the Consulate.
8. Stop Work. At any time during the Project, the Contracting Officer reserves the right to Stop
Work for protection of employees or visitors, security, or any other reason at his/her discretion
3.0 PRICING
- See Section 1 .II
4.1 SCOPE OF WORK:
For Maintaining the Television Cable Network the contractor shall be providing all materials, tools and
equipment, laborers, transportation, and supervision.
A. General Requirements
a. Within 2 days of Notice to Proceed, the contractor shall provide to the COR a project schedule
showing start to completion including significant milestones.
Work Area: The compound is defined as all buildings inside the T-walls around the Consulate General Erbil at the
Ankawa Compound as demonstrated during the Site Visit. The current scope of buildings and viewpoints:
Buildings: Buildings: any units inside the Ankawa U.S. Consulate Compound – Map for review during Site
Visit.
Satellite Box Cabinet: One single room with a cabinet comprised of two racks containing all Satellite
Boxes and signal amplifiers with additional network components.
Satellite boxes/channels: The current system contains a total of 40 channels or more, with a dedicated
Satellite box for each channel.
Television viewpoints: There are approximately more than 450 TV cable drops around the compound.
Satellite Dishes: There are two satellite dishes located at the top roof S-013.
Signal Amplifire: Throughout the compound, there are over 15 Push – Pull signal amplifiers to support
signals for specific clusters of buildings.
Satellite Service Providers: OSN and AFN system. The contractor may have to coordinate with the
Contracting Officer Representative to communicate with OSN and AFN on technical issues but USG deals
directly with the Satellite Service Providers for payments and account maintenance.
Current operational status: System is installed and stable.
Contracting Officer Representative: Contractor will have a trained USG representative during all visits to
manage administration (service calls, acceptance of work, payments, etc.) on the contract.
Timeframe: The contract will cover seven days per week, 365 days a year for the foreseeable future. The
base contract is for a one-year contract with the options to renew each year for two periods. Total of base
and renewal periods is three years.
Work requirements: The vendor will be responsible for performing all preventative and corrective repair
services from the entire Network from satellite dish to each television viewpoint in the Work Area. The
vendor shall be responsible for furnishing all materials required to do these tasks based on pre-agreed prices
(see below). Materials should be of a standard and quality that meets or exceeds professional grade
standards for the industry, and failure to comply with this standard requires re-work and non-acceptance of
work.
Response Period for Corrective Maintenance: The vendor must respond to the contracting officer
representative by phone within 4 hours of the call in order to discuss a corrective maintenance plan.
Contractor must provide corrective maintenance by the next business day for non-emergency work, and
within 24 hours for emergency work. Business days are Sunday through and including Thursday. Non-
business days are Friday, Saturday, and local holidays. Service during business days will be at standard rate.
Service during non-business days will be at a premium rate. If service outages last longer than 24 hours
requiring the consulate to call another service provider, this will be considered significant non-performance.
*Pricing: contractor shall provide firm-fixed prices for the following:
o Weekly preventative maintenance visits each Wednesday to monitor, inspect, and repair the
Television Signal System. This requires a Full System Check as defined by Addendum 1, which
when performed and completed must be accepted as satisfactory by the contracting officer
representative.
o Flat Rate cost for each supplementary visit in response to corrective maintenance service call request
during normal business hours. This type of call will be in Four-hour blocks of time, so charged
either as four-hours or eight-hours for the visit. Final repairs once performed and completed must be
accepted as satisfactory by the contracting officer representative.
o Flat Rate cost for each supplementary visit in response to corrective maintenance service call request
during non-business hours. This type of call will be in Four-hour blocks of time, so charged either as
four-hours or eight-hours depending on the length of the visit. Final repairs once performed and
completed must be accepted as satisfactory by the contracting officer representative.
Labor Rate: Labor fees will be fixed for each hour of labor for two separate rates. One rate for work during normal
business hours, Sunday through Thursday from 8am until 5pm. The other rate is for non-business hour work during
any other time.
o *Monthly Preventative Maintenance Cos
o Corrective maintenance
During normal business hours
During NON-business hours
*see section 1.II Pricing in the solicitation.
Specific Types of Repairs: The contractor must have at minimum three years of experience supporting customers
with complex multi-viewpoint TV networks comprised of over 50 individual viewpoints. Contractor should provide
three current references conducting business locally for Post to contact and visit if needed. Contractor must provide
evidence of adequate numbers of properly-trained and experienced technical staff to perform the following list of
trouble-shooting and repairs at a professional standard within the industry. The types of repairs required include, but
are not limited to the following:
- Replace TELEVES Fiber RX or TX (This can but is not limited to include: re-tipping fiber ends, cleaning
the tips and unit, calibrating frequencies, replacing tips or cables from this device)
- Replace / Repair TELEVES RF Amplifier (This can but is not limited to include: replacing tips or cables to
and from this device, calibrating this devices signal output)
- Replace / Repair TELEVES (or other with TELEVES) splitter (Types 1:8 or 1:6 ) (This can but is not
limited to include: the splitter and any tips or cables to or from it)
- Replace / Repair TELEVES 2 Channel SD Modulator (This can but is not limited to include: the device
itself, RCA cables to the device, any cables or tips from the device to transmission)
- Replace / Repair TELEVES Satellite Dish (This can but is not limited to include: the dish itself, the TLNB,
cables or tips from the dish to the head end equipment)
- Replace / Repair TELEVES Multi-Switch (This can but is not limited to include: replacing/repairing the
unit, running new coaxial cable to or from the unit)
- Repair a view point (This can but is not limited to include: coaxial cable, tips, adapters, wall jack, cable to
villa splitter)
- Replace / repair a fiber line
- Install a new view point (This can but is not limited to include: coaxial cables, tips, adapters, wall jacks,
splitters, amplifiers, fiber TX, fiber RX, and fiber lines)
- Perform any other repair work as necessary
Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or
task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of
award through base period or option periods if exercised.
SAFETY (FAR 52.236-13 Accident Prevention)
1. The Contractor shall provide and maintain work environments and procedures which will:
(a) Safeguard the public and Government personnel, property, materials, supplies, and
equipment exposed to Contractor operations and activities. (b) Avoid interruptions of Government operations and delays in project completion dates. (c) Control costs in the performance of this contract.
2. Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of
Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the
solicitation.
3. Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or
any condition which poses a serious or imminent danger to the health or safety of the public or
Government personnel, the Contracting Officer shall notify the Contractor orally, with written
confirmation, and request immediate initiation of corrective action.
4. This notice, when delivered to the Contractor or the Contractor's representative at the work site,
shall be deemed sufficient notice of the noncompliance and that corrective action is required. After
receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or
refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or
part of the work until satisfactory corrective action has been taken. The Contractor shall not be
entitled to any equitable adjustment of the contract price or extension of the performance schedule
on any stop work order issued under this clause.
5.0 SERVICE SCHEDULE
1. Approximate dates of pre-award activities
Pre-Bid Site Survey o/a Bids Due o/a Contract Award o/a Notice to Proceed (NTP) o/a 2. From Notice to Proceed
Notice to Proceed (NTP) 2 Days from NTP Service Schedule to COR 2 days from NTP FAC Review First Year Service Completion Service Contract Acceptance
3. Deliverables
Service Schedule 2 Days from NTP Submittals for Major Equipment 3Days from NTP
6.0 RESPONSIBILITIES AND SERVICE MANAGEMENT
COR. A Contracting Officers Representative (COR) will be assigned to ensure
quality assurance goals are met. The Contractor shall provide the COR access to the
site at all times.
Point of Contact. The COR shall be the main point of contact for this Project. The
Contractor shall report to the COR on (a) status of the Project, (b) changes in
Schedule, (c) accidents and safety issues, (d) disruptions to elevator or utility services;
and all other important information pertaining to the Project
Management Personnel. The Contractor shall staff the site, full-time, with a
competent senior manager who shall perform project management. Remote project
management is not an option. This individual shall keep a detailed photographic and
written history of the project and shall update the Government weekly.
Site Security. The Contractor is responsible for on-site security as necessary to
ensure no unauthorized access to their work sites. The Contractor is 100%
responsible for securing their working materials and equipment. Any damage to
facilities or infrastructure, which happens due to a lack of security, will be the
responsibility of the Contractor to correct.
Health and Safety. The Contractor shall be solely responsible for risk assessments,
managing health, and safety issues associated with this project. The Contractor must
provide cold water to all workers at the job sites. Based on hazard assessments,
Contractors shall provide or afford each affected employee personal protective
equipment (PPE) that will protect the employee from hazards. At a minimum PPE
shall consist of eye protection, hard hats, and closed toe shoes. If the workers arrive
on-site with sandals or athletic shoes, the Contractor is expected to provide rubber
boots to them or send them home. All workers and management personnel must
wear hard hats at all times during the service. Contractor provided rubber boots and
rubber gloves shall be worn when working around concrete placement. Other PPE
such as gloves, dust masks, air respirators (sewage work) are also recommended.
These items must be provided at the Contractor’s expense. Workers may use discretion
if they feel unsafe in using the equipment in a hostile environment. Any worker at an
elevated location above 4 meters, with the exception of a portable ladder, must be
provided and utilize a safety harness.
Progress Payments. If the contract awarder expects to receive more than one (1)
progress payment, the Contractor must submit a broken out Cost Proposal with a
Schedule of Values in order to properly calculate the percentage of contract
completion.
7.0 Closeout
• At completion of work, the Contractor shall clean any impacted areas to a
condition equal to original condition.
• Prior to Final Acceptance the Contractor shall submit to the Contracting
Officer Representative final invoice, final time schedule approved and SOW
reflect the work as constructed.
SECTION 2 - CONTRACT CLAUSES FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (JAN 2017), is incorporated by reference (see SF-1449, Block 27A)
II. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES
OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2017)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR)
clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in
subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and
108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions
of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with
Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.
3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards
(Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section
743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
The Government will use past performance information primarily to assess an offeror’s
capability to meet the solicitation performance requirements, including the relevance and
successful performance of the offeror’s work experience. The Government may also use this
data to evaluate the credibility of the offeror’s proposal. In addition, the Contracting Officer
may use past performance information in making a determination of responsibility.
2. Evidence that the offeror/quoter can provide the necessary personnel, equipment, and
financial resources needed to perform the work;
3. The offeror shall address its plan to obtain all licenses and permits required by local law (see
DOSAR 652.242-73 in Section 2). If offeror already possesses the locally required licenses
and permits, a copy shall be provided.
4. The offeror’s strategic plan for _TV Cabling __ services to include but not limited to:
(a) A work plan taking into account all work elements in Section 1, Performance Work
Statement.
(b) Identify types and quantities of equipment, supplies and materials required for
performance of services under this contract. Identify if the offeror already possesses the
listed items and their condition for suitability and if not already possessed or inadequate for
use how and when the items will be obtained;
(c) Plan of ensuring quality of services including but not limited to contract administration
and oversight; and
(d) (1) If insurance is required by the solicitation, a copy of the Certificate of Insurance(s),
or (2) a statement that the contractor will get the required insurance, and the name of the
insurance provider to be used.
a copy of the Certificate of Insurance, or
a statement that the contractor will get the required insurance, and the name of the
insurance provider to be used.
ADDENDUM TO SOLICITATION PROVISIONS
FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
This solicitation incorporates one or more solicitation provisions by reference, with the
same force and effect as if they were given in full text. Upon request, the Contracting Officer
will make their full text available. Also, the full text of a clause may be accessed electronically
at: http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm.
These addresses are subject to change. If the FAR is not available at the locations indicated
above, use of an internet “search engine” (for example, Google, Yahoo, Excite) is suggested to
obtain the latest location of the most current FAR provisions.
The following Federal Acquisition Regulation solicitation provisions are incorporated by
reference:
PROVISION TITLE AND DATE
52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)
52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN
CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (DEC 2012)
52.237-1 SITE VISIT (APR 1984)
The site visit will be held on __11/26/2017____(date) at _9:00 a.m._ _ (local time) at __ US
Consulate General Erbil /Ankawa Compound___ (location). Prospective offerors/quoters should
contact [email protected] ___ for additional information or to arrange entry to
the building.
The following DOSAR provision(s) is/are provided in full text: 652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015) (a) The Department of State’s Advocate for Competition is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting office for the solicitation. If concerns remain unresolved, contact:
(2) For all others, the Department of State Advocate for Competition at
[email protected]. (b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, [insert name] , at ___[insert telephone and fax numbers] . For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1696 or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), Suite 1060, SA-15, Washington, DC 20520.
(End of provision)
SECTION 4 - EVALUATION FACTORS
Award will be made to the lowest priced, acceptable, responsible offeror. The quoter shall
submit a completed solicitation, including Sections 1 and 5.
The Government reserves the right to reject proposals that are unreasonably low or high in
price.
The lowest price will be determined by multiplying the offered prices times the estimated
quantities in “Prices - Continuation of SF-1449, block 23”, and arriving at a grand total,
including all options.
The Government will determine acceptability by assessing the offeror's compliance with the
terms of the RFQ to include the technical information required by Section 3.
The Government will determine contractor responsibility by analyzing whether the apparent
successful offeror complies with the requirements of FAR 9.1, including:
(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 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 posted on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via
the SAM website accessed through http://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 TO PARAGRAPHS (C)(8) AND (9): Complete paragraphs (c)(8) and (9) only if this
solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). [Complete only if
the offeror is a women-owned business concern and did not represent itself as a small business
concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, a women-
owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small
business offerors may identify the labor surplus areas in which costs to be incurred on account of
manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50
percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its
offer, that—
(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the
Small Business Administration, and no material changes in ownership and control, principal
office, or HUBZone employee percentage have occurred since it was certified in accordance with
13 CFR Part 126; and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR
Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall
enter the names of each of the HUBZone small business concerns participating in the HUBZone
joint venture: ____.] Each HUBZone small business concern participating in the HUBZone joint
venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive 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) 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:
(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—