Gym Equipment

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 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. Solicitation Number FA441718Q0135 is hereby issued as a Request for Quote. This combined synopsis/solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-99 effective 15 Jun & 16 Jul 2018. The North American Industry Classification System (NAICS) code for this project is 339920, and Federal Supply Code (FSC) is 7810. The Size Standard for this NAICS is 750 employees. *This acquisition is 100% Set-Aside for Small Businesses* The contractor shall provide all labor, equipment, materials, tools, parts, shipping, and all other items necessary to deliver the following items: CLIN Item Description QTY Unit Price Extended Amount 0001 ROGUE HI-TEMP BUMPER 10LBS P/N HT0004-10 *Brand Name or Equal Rubberized Weight Plates Salient Characteristics: Rubber Coating 17.5" Diamater 1 3/8" Width 20 $ $ 0002 ROGUE HI-TEMP BUMPER 45LBS P/N HT0004-45 *Brand Name or Equal Rubberized Weight Plates Salient Characteristics: Rubber Coating 17.5" Diameter 3 3/4" Width 20 0003 ROGUE LBS CHANGE PLATES PAIR 5.0 LBS BLUE P/N IP0171-5.0 *Brand Name or Equal Pairs of 5lb Weight Plates Salient Characteristics: Color-Coding 162mm Diameter 15mm Width 10 0004 ROGUE SPRING COLLAR PAIRS P/N IP0063 *Brand Name or Equal Collars Meant to Secure Weight Plates to Training Bar Salient Characteristics: Spring Mechanism 10 0005 ROGUE TRAINING BAR BLACK ZINC SHAFT WITH BRIGHT ZINK SLEEVES P/N RA0573-BLBR *Brand Name or Equal Metal Bars Meant to Facilitate Weight Training Salient Characteristics: 20KG Black Zinc Steel 28MM Diameter 16.25" Sleeve Length 84" Bar Length 5 0006 ROGUE 25MM BELLA BAR 2.0 (BLACK W/ BRIGHT) P/N RA0584-BLBR *Brand Name or Equal Metal Bars Meant to Facilitate Weight Training Salient Characteristics: 15KG Black Zinc Steel 25MM Diameter 13" Sleeve Length 79.13" Bar Length 10 0007 28.5MM ROGUE BAR 2.0 BLACK SHAFT WITH BRIGHT SLEEVES P/N RA0604-BLBR *Brand Name or Equal Metal Bars Meant to Facilitate Weight Training Salient Characteristics: 20KG Black Zinc Steel 28.5MM Diameter 16.40" Sleeve Length 86.75" Bar Length 10 0008 ROGUE WOOD RINGS-SET P/N RA0022 *Brand Name or Equal Rings and Straps Meant to Facilitate Gymnastic Training Salient Characteristics: Wood Ring Material 1.25" Diameter Rings Each Strap 16' in Length Heavy Duty Nylon Straps 5 0009 ROGUE ECHO SLAM BALL 20LBS P/N IP0212-20 *Brand Name or Equal Weighted Exercise Balls Meant to Facilitate Strength/Endurance Training Salient Characteristics: 9" Diameter 20LB 5 0010 ROGUE ECHO SLAM BALL 30LBS P/N IP0212-30 *Brand Name or Equal Weighted Exercise Balls Meant to Facilitate Strength/Endurance Training Salient Characteristics: 9" Diameter 30LB 5 0011 ROGUE ECHO SLAM BALL 40LBS P/N IP0212-40 *Brand Name or Equal Weighted Exercise Balls Meant to Facilitate Strength/Endurance Training Salient Characteristics: 10" Diameter 40LB 5 0012 MEDBALL 8LB BLACK P/N RA0629-BK *Brand Name or Equal Weighted Exercise Balls Meant to Facilitate Strength/Endurance Training Salient Characteristics: 14" Diameter 8LB 5 0013 MEDBALL 14LB BLACK P/N RA0632-BK *Brand Name or Equal Weighted Exercise Balls Meant to Facilitate Strength/Endurance Training Salient Characteristics: 14" Diameter 14LB 5 0014 MEDBALL 20LB BLACK P/N RA0635-BK *Brand Name or Equal Weighted Exercise Balls Meant to Facilitate Strength/Endurance Training Salient Characteristics: 14" Diameter 20LB 5 0015 MEDBALL 30LB BLACK P/N RA0637-BK *Brand Name or Equal Weighted Exercise Balls Meant to Facilitate Strength/Endurance Training Salient Characteristics: 14" Diameter 30LB 5 0016 ROGUE SB-1 SAFETY SQUAT BAR P/N RA0370 *Brand Name or Equal Padded bars w/ Cambered Ends Meant to Relieve Shoulder Stress During Weighted Squats Salient Characteristics: Heavy Duty Vinyl Pads 70LB 2 0017 ROGUE METAL JERK BLOCK SET P/N RA0434 *Brand Name or Equal Blocks Meant to Support Plate Loaded Weight Training Bars Salient Characteristics: 11-Gauge Steel 31.25" Length 24" Width 34" - 44" Adjustable Height 1 0018 PEG BOARD DOWELS (PAIR) P/N RA0798 *Brand Name or Equal Peg Handles Meant for use w/ Mounted Peg Boards Salient Characteristics: Wood Peg Material 6.5" Length 1.19" Diameter 1 0019 ROGUE PB-1 ECHO PEG BOARD P/N RF0639-B *Brand Name or Equal Mounted Board Meant for use w/ Peg Handles Salient Characteristics: Wood Material 95" Height 11.75" Width 1.5" Thick 1 0020 ROGUE Y-2 YOKE 2.0 P/N RF0632 *Brand Name or Equal Weight Lifting Apparatus Meant to be Carried on Shoulders While Walking Salient Characteristics: 11-Gauge Steel 195LB 50" Width 48" Length 2 0021 35LB ROGUE KETTLEBELL P/N IP0005 *Brand Name or Equal Weighted Iron Balls w/ Handles Meant to Facilitate Strength/Endurance Training Salient Characteristics: 35LB 1.5" Handle Diameter 10 0022 53LB ROGUE KETTLEBELL P/N IP0007 *Brand Name or Equal Weighted Iron Balls w/ Handles Meant to Facilitate Strength/Endurance Training Salient Characteristics: 53LB 1.5" Handle Diameter 10 0023 70LB ROGUE KETTLEBELL P/N IP0009 *Brand Name or Equal Weighted Iron Balls w/ Handles Meant to Facilitate Strength/Endurance Training Salient Characteristics: 70LB 1.5" Handle Diameter 10 0024 20LB ROGUE RUBBER HEX DUMBELL-PAIR P/N IP0025-2 *Brand Name or Equal Rubber Dumbells Meant to Minimize Potential Noise and Maximize Potential Durability Salient Characteristics: Heavy Duty Rubber Coating 20LB 35MM Handle Diameter 1 0025 35LB ROGUE RUBBER HEX DUMBELL-PAIR P/N IP0030-2 *Brand Name or Equal Rubber Dumbells Meant to Minimize Potential Noise and Maximize Potential Durability Salient Characteristics: Heavy Duty Rubber Coating 35LB 35MM Handle Diameter 1 0026 50LB ROGUE RUBBER HEX DUMBELL-PAIR P/N IP0033-2 *Brand Name or Equal Rubber Dumbells Meant to Minimize Potential Noise and Maximize Potential Durability Salient Characteristics: Heavy Duty Rubber Coating 50LB 35MM Handle Diameter 1 0027 ROGUE FLAT SHIP GAMES BOX WITH SCREWS P/N RF0253 *Brand Name or Equal Large Boxes Meant to Provide a Platform for Jumping Exercises Salient Characteristics: Wood Material 20" Height 24" Width 30" Length 5 0028 ASSAULT AIR BIKE-BLACK P/N LCF0002 *Brand Name or Equal Exercise Bikes Utilizing Air Resistance to Increase Resistance w/ Increased Speed Salient Characteristics: LCD Information Screen 48" Height 23" Width 50" Length 10 0029 BOSU ELITE BY WRECKMETHOD P/N FQ0011 *Brand Name or Equal Inflated Rubber Hemisphere Attached to Flat Platform Meant to Facilitate Balance Training Salient Characteristics: 350LB Weight Capacity 25" Diameter 10" Height 3 0030 CONCEPT 2 WALL MOUNTED SKI ERG WITH PM5 P/N C2-PN2715-US *Brand Name or Equal Standing Machines Meant to Emulate Arm Motions While Skiing w/ Poles Salient Characteristics: 19" Width at Bottom 20" Width at Top 83" Height 2 0031 CONCEPT 2 SKI ERG FLOOR STAND V2 P/N C2-PN2720-US *Brand Name or Equal Platforms Meant to Stabilize Ski Trainers Salient Characteristics: 24" Width 52" Length 2 0032 BLACK CONCEPT 2 MODEL D ROWER W/PM5 MONITOR P/N C20003-5 *Brand Name or Equal Machines Meant to Emulate Rowing Motion: Salient Characteristics 500LB Weight Capacity Adjustable Resistance Capability to be Separated 48" Width 108" Length 8 0033 ABMAT P/N AB10 *Brand Name or Equal Padded Mats with Arch Meant to Facilitate Abdominal Floor Exercises Salient Characteristics: 30 Degree Arch 2.5" Height 12" Width 15" Length 10 0034 SR-1 BEARING SPEED ROPE P/N AD0061 *Brand Name or Equal Jump Ropes Designed to Facilitate Increased Speed Salient Characteristics: Coated Speed Cables 120" Cable Length 3/32" Cable Diameter 6.75" Handle Length 20 0035 #0 RF MICRO-ORANGE 1/4'' (PAIR) P/N HB0000-2 *Brand Name or Equal Elastic Bands Meant to Facilitate Strength/Endurance Training Salent Characteristics: 15LB Resistance 41" Length 1/4" Width 2 0036 PULL UP PACKAGE P/N HB0008 *Brand Name or Equal Elastic Bands Meant to Facilitate Strength/Endurance Training Salient Characteristics: 30LB Resistance 41" Length 1/2" Width 50LB Resistance 41" Length 1/2" Width 65LB Resistance 41" Length 1.13" Width 100LB Resistance 41" Length 1.75" Width 140LB Resistance 41" Length 2.5" Width 4 0037 PULL UP PACKAGE 2 P/N HB0009 *Brand Name or Equal Elastic Bands Meant to Facilitate Strength/Endurance Training Salient Characteristics: 30LB Resistance 41" Length 1/2" Width 50LB Resistance 41" Length 1/2" Width 65LB Resistance 41" Length 1.13" Width 100LB Resistance 41" Length 1.75" Width 140LB Resistance 41" Length 2.5" Width 4 0038 ROGUE 18" ULTRA FIRM FOAM ROLLER-BLUE SPECK P/N PD0005 *Brand Name or Equal Padded Cylinders Meant to Massage Sore Muscle Groups Salient Characteristics: 2.8LB Force per Cubic Foot 6" Diameter 18" Length 10 0039 WRECKING BAG 35LBS P/N WB011-35 *Brand Name or Equal Weighted Bags Meant to Facilitate Increased Resistance During Workouts Salient Characteristics: 35LB Pre-Filled 10 0040 WRECKING BAG 50LBS P/N WB011-50 *Brand Name or Equal Weighted Bags Meant to Facilitate Increased Resistance During Workouts Salient Characteristics: 50LB Pre-Filled 10 0041 SHIPPING Total Quote: $ Shipping Address and POCs: Will be provided at award * Delivery Schedule: FOB Destination * Brand Name or Equal The following FAR/DFARS provisions and clauses are hereby applicable to this solicitation and any resultant contract award: CLAUSES INCORPORATED BY REFERENCE 52.204-7 -- System for Award Management. (Oct 2016) 52.204-13 - System for Award Management Maintenance (Oct 2016) 52.211-17 -- Delivery of Excess Quantities (Sep 1989) 52.212-4 - Contract Terms and Conditions-Commercial Items (Jan 2017) 52.219-4 - Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) 52.232-39 -Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-3 - Protest After Award (Aug 1996) 52.233-4 - Applicable Law for Breach of Contract Claim (Oct 2004) 52.247-34 -- F.O.B. - Destination. (Nov 1991) 252.203-7000 - Requirements Relating to Compensation for Former DoD Officials (Sep 2011) 252.203-7001 - Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies (Dec 2008) 252.203-7002 - Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 252.203-7005 - Representation Relating to Compensation of Former DoD Officials (Nov 2011) 252.204-7002 - Payment For Subline Items Not Seperately Priced (Dec 1991) 252.204-7003 - Control of Government Personnel Work Product (Apr 1992) 252.204-7004 Alt A - System for Award Management Alternate A (Feb 2014) 252.204-7012 -Safeguarding of Unclassified Controlled Technical Information (Oct 2016) 252.213-7000 Notice To Prospective Suppliers On Use Of Past Performance Information Retrieval System-Statistical Reporting In Past Performance Evaluations (Jun 2015) 252.223-7008 -- Prohibition of Hexavalent Chromium (Jun 2013) 252.225-7001 -- Buy American And Balance Of Payments Program (Dec 2016) 252.225-7002 -- Qualifying Country Sources As Subcontractors (DEC 2016) 252.232-7003 - Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) 252.232-7010 - Levies on Contract Payments (Dec 2006) 252.243-7001 - Pricing of Contract Modifications (Dec 1991) 252.244-7000 -Subcontracts for Commercial Items (Jun 2013) 252.247-7023 - Transportation of Supplies by Sea (Apr 2014) CLAUSES INCORPORATED BY FULL TEXT 52.211-6 Brand Name or Equal (Aug 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) FAR 52.212-1, Instructions to Offerors - Commercial Items (Jan 2017). It is amended to read: Offeror shall submit an electronic copy of their dated offer via e-mail to: sarah.thomas.19@us.af.mil with the solicitation number in the subject block, by 30 July 2018 at 2:00 PM CST. The offeror shall provide their CAGE and DUNS with their offer. Submit a dated Offer Schedule marked with solicitation number FA441718Q0135. Facsimile proposals will not be accepted. The government reserves the right to evaluate proposals and award a contract without discussions with offerors. Offers shall be evaluated in accordance with FAR 52.212-2, Evaluation of Commercial Items (Oct 2014) which is incorporated into this Request for Quote, with an addendum to paragraph (a) as follows: (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: price and technical acceptability. The following factors shall be used to evaluate offers: (i) Technical acceptability will be determined based on the product information provided by the offeror. Offers will be determined technically acceptable if providing the requested brand name or equal items. "Or Equal" items shall meet the salient characteristics listed with the CLINs in the chart above. (ii) Price. The Government will award a FFP contract to the technically-acceptable and responsible offeror with the lowest priced offer. Not all offers will be evaluated for technical acceptability. The lowest price offer will be evaluated, if the quote is determined technically acceptable, no other quotes will be evaluated for technical acceptability. If the lowest price is not technically acceptable, the second lowest price will be reviewed. So on and so forth. The offeror shall provide their CAGE and DUNS with their offer. The offeror shall be determined technically acceptable and available for consideration of award only if all 41 CLINs (CLINS 0001-0041) above are received with the quote and the minimum specifications are met. (End of Provision) FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Jan 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision- "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Civil judgment" means- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, - Fair Pay and Safe Workplaces'". The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces. "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are- (1) Department of Labor Wage and Hour Division (WHD) for- (i) The Fair Labor Standards Act; (ii) The Migrant and Seasonal Agricultural Worker Protection Act; (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and (vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2) Department of Labor Occupational Safety and Health Administration (OSHA) for- (i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans; (3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for- (i) Section 503 of the Rehabilitation Act of 1973; (ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); (4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and (5) Equal Employment Opportunity Commission (EEOC) for- (i) Title VII of the Civil Rights Act of 1964; (ii) The Americans with Disabilities Act of 1990; (iii) The Age Discrimination in Employment Act of 1967; and (iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). "Forced or indentured child labor" means all work or service- (6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters. "Labor laws" means the following labor laws and E.O.s: (1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970. (3) The Migrant and Seasonal Agricultural Worker Protection Act. (4) The National Labor Relations Act. (5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). (8) Section 503 of the Rehabilitation Act of 1973. (9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act. (11) Title VII of the Civil Rights Act of 1964. (12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967. (14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors). (15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html). "Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws". "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "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. "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. "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. Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the 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 (t) 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 compl...