Provide Ground and Flight Training

This is a combined synopsis/solicitation for commercial items prepared in accordance with the information in FAR subpart 12.6, using simplified acquisition procedures under the test program for commercial items found at far 13.5, 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. This solicitation is set-aside 100% for small business per the following: NAICS code 611512 Small business size standard $27.5M Deadline for Questions: All questions regarding this requirement shall be submitted electronically to Jackie Handley, jacqueline.handley@navsoc.socom..mil no later than 13 Apr 2015, 9:00 A.M Eastern time to provide adequate time to prepare a response. Only written questions will be responded to. Potential quoters must monitor this website for changes to the combined synopsis/solicitation. Amendments to the combined synopsis/solicitation will be posted to this website. The solicitation H92240-15-T-0055 is issued as a request for quotation (RFQ) and this is notice that Naval Special Warfare Command Contracting Office, Joint Expeditionary Base (JEB) Little Creek/Ft Story, Virginia Beach, VA 23459 intends to award a firm fixed price contract. CLIN 0001 Provide Ground and Flight School Two-10 Day COI IAW with attached Performance Work Statement (PWS) 0001AA 1 Lot Anticipated Period of Performance (POP) 4 - 15 May 2015 and 20-31 Jul 2015. OPTION CLIN 1001 Provide Ground and Flight School 10 Day COI IAW with PWS Informational Clin Only 1001AA Provide Ground and Flight COI IAW with PWS 1 Lot POP Date TBD Oct 2015 1001AB Provide Ground and Flight COI IAW with PWS 1 Lot POP Date TBD Jan 2016 1001AC Provide Ground and Flight COI IAW with PWS 1 Lot POP Date TBD May 2016 OPTION CLIN 2001 Provide Ground and Flight School 10 Day COI IAW with PWS Informational Clin Only 2001AA Provide Ground and Flight COI IAW with PWS 1 Lot POP Date TBD Oct 2016 2001AB Provide Ground and Flight COI IAW with PWS 1 Lot POP Date TBD Jan 2017 2001AC Provide Ground and Flight COI IAW with PWS 1 Lot POP Date TBD May 2017 OPTION CLIN 3001 Provide Ground and Flight School 10 Day COI IAW with PWS Informational Clin Only 3001AA Provide Ground and Flight COI IAW with PWS 1 Lot POP Date TBD Oct 2017 3001AB Provide Ground and Flight COI IAW with PWS 1 Lot POP Date TBD Jan 2018 3001AC Provide Ground and Flight COI IAW with PWS 1 Lot POP Date TBD May 2018 OPTION CLIN 4001 Provide Ground and Flight School 10 Day COI IAW with PWS Informational Clin Only 4001AA Provide Ground and Flight COI IAW with PWS 1 Lot POP Date TBD Oct 2018 4001AB Provide Ground and Flight COI IAW with PWS 1 Lot POP Date TBD Jan 2019 4001AC Provide Ground and Flight COI IAW with PWS 1 Lot POP Date TBD May 2019 ADDENDUM to 52.212-1, Instructions - Commercial Items (JAN 1999) is applicable to this procurement. The following are additional instructions to Offerors: Factor 1: Technical capability All quoters shall provide a technical proposal to include how the offeror will perform the contract in accordance with the specifications relevant to the attached statement of work. The Technical Proposal shall be as specific and complete as to clearly demonstrate to the Government that the offeror has a thorough comprehension of and capabilities to provide all aspects of the solicitation requirements. Statements that the quoter understands the requirement and can or will comply with the requirements will be considered inadequate. Quoters whose technical submittal are rated "Unacceptable" will be rejected and removed from further competition. The Government will evaluate each quote technical submission in accordance with the rating table below: Technical Rating Table Rating Description Acceptable The vendor demonstrated a complete understanding and capability to fully implement and execute all requirements of the PWS. The information submitted does not conflict with the requirements herein, and the proposed services meet or exceed the Government's requirements. Unacceptable The vendor did not demonstrate a complete understanding and capability to fully implement and execute all requirements of the PWS. The information submitted conflicts with the requirements herein, and the proposed services do not meet the Government's requirements. Factor 2: Past Performance The quoter shall demonstrate relevant past performance or affirmatively state that it possesses no relevant past performance. Relevant past performance is performance under contracts or efforts within the past three (3) years prior to the solicitation closing date that is the same as or similar to the work described by this solicitation. To demonstrate its past performance, the quoter shall identify up to two (2) of its most relevant contracts or efforts within the past three (3) years, and provide any other information the quoter considers relevant to the requirements of the solicitation. Quoters should provide a detailed explanation demonstrating the relevance of the contracts or efforts to the requirements of the solicitation. Past Performance will be assessed as follows: Evaluation will focus only on work experience already performed. Work yet-to-be performed, and work prior to the last three (3) years, will not be considered. In addition, performance data will only be assessed for those references demonstrating at least 1 year of completed performance prior to the closing date of the solicitation. The quoter shall complete a "Past Performance Information Form" for each reference submitted. The form is Attachment 2 to the combined synopsis/solicitation. The Government reserves the right to consider past performance report forms received after the due date of the solicitation and to contact references for verification or additional information. Rating Description Acceptable Based on quoter's performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter's performance record is unknown. Unacceptable Based on the quoter's performance record, the Government has no reasonable expection that the quoter will be able to successful ly perform the required effort. Factor 3: Price Procedures in FAR 13.106 are applicable to this procurement. The quoter shall provide sufficiently detailed information as to enable the Contracting Officer to determine the reasonableness of the proposed price. Prices for all line items in the schedule above shall be provided. Price quotes shall be held firm for sixty (60) days. FAR 52.212-2 - EVALUATION--COMMERCIAL ITEMS (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. (b) The following factors shall be used to evaluate quotes: - 1. Technical Capability - 2. Past Performance - 3. Price (c) A written notice of award or acceptance of a quote mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote's specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Clause) 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. Award will be based on lowest price technically acceptable. To be technically acceptable an offeror must receive a rating of Acceptable in both the technically capability factor and in the past performance factor. FAR 52.212-3 Alt A - Reps and Certs ORCA (1) Interested Offerors shall utilize Attachment 2- Past Performance Worksheet. Past performance information provided by Offerors in response to this solicitation, and the information the Government may independently obtain from other sources, shall be used to evaluate past performance against the requirements set forth in this solicitation. The Offeror must state if the company has not performed any contracts within the size and/or scope of this contract. The Offeror shall limit Volume 3 to 5 pages. The Government reserves the right to consider past performance report forms received after the due date of the solicitation and to contact references for verification or additional information. (2) The Offeror shall provide Pricing Detail to include complete course offering. Procedures in FAR 13.106 are applicable to this procurement. The quoter shall provide sufficiently detailed information as to enable the Contracting Officer to determine the reasonableness of the proposed price. There is no page limit to this volume. Prices for all line items in the schedule above shall be provided. Price quotes shall be held firm for thirty (60) days Offerors to include a complete copy of the provision at 52.212-3, Offer Representation and Certification-Commercial Items with its offer which can be found at https://farsite.hill.af.mil. Note that you must be registered in SAM to be considered for an award. Registration is free and can be completed online at https://SAM.gov. Representations and Certifications shall be completed via the SAM web site at https://SAM.gov. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-80, Effective March 2, 2015. The following provisions and clauses apply to this acquisition: FAR 52.203-11 - Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) FAR 52.204-7 - Central Contractor Registration FAR 52.204-13-System for Award Management Maintenance (Jun 2013) FAR 52.209-2-Prohibition on Contracting w/Inverted Domestic Corporations-Representation (May 2012) FAR 52.212-1 -- Acquisition of Commercial Items Provisions and Clauses FAR 52.212-3 - Offeror Representations and Certifications - Commercial Items FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items applies to this acquisition FAR 52.232-40 Accelerated payment to Sm Bus sub-contractors FAR 52.247-34 -- F.o.b. Destination FAR 252.203-7000 - Requirements Relating to Compensation FAR 252.203-7002 - Requirements to Inform Employees DFARS 252.204-7004 - Alt A - Central Contractor Registration DFARS 252.225-7001-Buy American Act and Balance of Payments Program DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 -- Levies on Contract Payments and (End of Clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2013) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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.) ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ____ (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.) XXX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). XXX (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note). ____ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313). XXX (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ____ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). ____ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ____ (11) [Reserved] XXX (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). ____ (ii) Alternate I (NOV 2011). ____ (iii) Alternate II (NOV 2011). ____ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ____ (ii) Alternate I (Oct 1995) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7. ____ (14) 52.219-8, Utilization of Small Business Concerns (July 2013) (15 U.S.C. 637(d)(2) and (3)). ____ (15)(i) 52.219-9, Small Business Subcontracting Plan (July 2013) (15 U.S.C. 637(d)(4)). ____ (ii) Alternate I (Oct 2001) of 52.219-9. ____ (iii) Alternate II (Oct 2001) of 52.219-9. ____ (iv) Alternate III (Jul 2010) of 52.219-9. ____ (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). ____ (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). ____ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ____ (ii) Alternate I (June 2003) of 52.219-23. ____ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (July 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ____ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). XXX (23) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). ____ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)). ____ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)). XXX (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XXX (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV 2013) (E.O. 3126). XXX (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). XXX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). XXX (31) 52.222-35, Equal opportunity for Veterans (Sep 2010) XXX (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). XXX (31) 52.222-37, Employment Reports On Disabled Veterns (Sep 2010) XXX (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). XXX (33) 52.222-44, Fair labor Standards Act and Service Contract Act-Price Admustment (Sep 2019) ____ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ____ (ii) Alternate I (Dec 2007) of 52.223-16. XXX (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ____ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). ____(40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). (ii) Alternate I (MAR 2012) of 52.225-3. (iii) Alternate II (MAR 2012) of 52.225-3. (iv) Alternate III (NOV 2012) of 52.225-3. ____ (41) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _____ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ____ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). _____ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 _____ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ____ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). XXX (48) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332). ____ (49) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). ____ (50) 52.232-36, Payment by Third Party (July 2013) (31 U.S.C. 3332). ____ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (52)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). ____ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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.) _____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). _____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). _____ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). _____ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). _____ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. As prescribed at 25.1103(e), insert the following provision: Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (Dec 2012) (a) Definitions. As used in this provision- "Person"- (1) Means- (i) A natural person; (ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and (2) Does not include a government or governmental entity that is not operating as a business enterprise. "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)). (b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror- (1) 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; (2) 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. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and (3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 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 http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if- (1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material. (End of provision) FAR 52.252-1 Solicitation Provisions Incorporated by Reference. As prescribed in 52.107(a), insert the following provision: 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): HTTP://FARSITE.HILL.AF.MIL/ (End of provision) 52.252-2 Clauses Incorporated by Reference. As prescribed in 52.107(b), insert the following clause: Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses 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 this/these address(es): HTTP://FARSITE.HILL.AF.MIL/ (End of clause) 52.202-1 Definitions (Jan 2012) 52.203-3 Gratuities (April 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government w/Alternate I (Sep 2006) 52.219-14 Limitations on Subcontracting (Nov 2011) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Nov 2010) 52.242-13 Bankruptcy (Jul 1995) 52.245-1 Government Property (Apr 2012) 252.225-7012 Preference for Certain Domestic Commodities (Jun 2010) 252.243-7002 Request for Equitable Adjustment (Mar 1998) 52.252-6 Authorized Deviations in Clauses. As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause. Authorized Deviations in Clauses (Apr 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any DFAR (48 CFR CHAP 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) NOTE: THE ATTACHED TWO DFAR CLAUSES MUST BE FILLED OUT AND RETURNED WITH THE ITEMIZED QUOTE. : jacqueline.handley@navsoc.socom.mil or fax to 757-242-2434. (See attached PDF file): DFAR CLAUSE 252.209-7998 (DEV); Representations Regardin...