Weapon Training Replicas

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, using Simplified Acquisition Procedures under FAR Part 13, Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a quote is being requested and a written solicitation will not be issued. Incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 05-95, effective 19 January 2017. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. This solicitation is being issued as a Request for Quote (RFQ) under number, H92244-17-T-0075, and a firm-fixed price (FFP) purchase order is contemplated. This requirement has been deemed a 100% TOTAL SMALL BUSINESS SET-ASIDE under the associated North American Industry Classification System (NAICS) Code 332999 - All Other Miscellaneous Fabricated Metal Product Manufacturing which has a size standard of 750 employees SCHEDULE OF SUPPLIES AND SERVICES CLIN 0001 Weapon Training Replicas, QTY 60, UNIT OF ISSUE: EACH, DELIVERY: 90 DAYS AFTER RECEIPT OF ORDER UNIT PRICE: $______________ TOTAL: $_______________ SPECIFICATIONS Description of Requirement: The Naval Special Warfare Command has a requirement for the procurement of 60 Heckler-Kock (HK) 416 firearm replicas configured to the following specifications: - H&K416 with a 10" Barrel Firearm Training Replica - Color: Black - Not Weighted - Working Sling Attachments INSTRUCTIONS & EVALUATION CRITERIA 52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL (ADDENDUM) (a) Offerors may submit written questions during the Request for Quote (RFQ) period ONLY. All questions must be received NLT 10:00 AM EST on 3 May 2017 to allow adequate time to prepare and issue responses. Only written questions will receive a response. The offeror shall refer to the document in question, and provide the specific page, paragraph, clause, or other definitive citation requiring clarification. All questions shall be directed to the Contracting Officer, citing at a minimum "H92244-17-T-0075, Offeror Submitted Questions" in the subject line at the following addresses: Contracting Officer: Amy Bozzard Email: amy.bozzard@vb.socom.mil (b) Responses to this RFQ must be signed, dated, and received no later than 10:00 AM EST, 9 May 2017. Responses must be sent by email directly to the Contracting Officer, Amy Bozzard, at amy.bozzard@vb.socom.mil. Comprehensive responses to the requirements of this RFQ are required to enable the Government to evaluate the offeror's understanding of, capability, and approaches to accomplish the stated requirements. Quotes shall be submitted in accordance with the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote. The quote shall be a complete response to all of the requirements of this RFQ, taking into consideration any and all required quantities and delivery schedules specified here-in. The successful offeror will be selected based on an evaluation of quotes as outlined in 52.212-2 Evaluation - Commercial Items. (c) Electronic submissions shall contain separate files for each volume. Individual emails shall not exceed 10 MB and shall not include .zip files. The quote page format shall be 8 " x 11", except for fold-outs used for charts, tables, or diagrams, which may not exceed 11" x 17". A page is defined as one face of a sheet of paper containing information. Type shall not be less than 12 pitch. Elaborate formats or color presentations are not desired or required. (d) The Offeror shall prepare contents as set forth below. (1) Cover Letter: (i) Identification of all enclosures being transmitted as part of this quote; (ii) The company name, address, point(s) of contact with telephone and facsimile numbers, e-mail address, Contractor and Government Entity (CAGE) code, Data Universal Numbering System (DUNS) number, and Tax Identification Number (TIN); and (iii) Statement that the quote submitted is firm for a period not less than (60) calendar days. (2) Fill-In Provisions: Offerors must be registered in the System for Award Management (SAM) to be eligible for award; Quotes received without the completed copy of the provision at FAR 52.212-3 Alt I or completed SAM representation may be considered non-compliant (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). Quotes determined non-compliant may not be evaluated for award. Offerors must also provide all fill-ins for: 5652.204-9000 Individual Authorized to Sign (2014). (3) Terms and Conditions: Offerors must include a statement that it either (a) agrees to all terms and conditions of this solicitation (which consists of the entire RFQ, including all documents, exhibits, and other attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or (b) takes exceptions to any terms or conditions of the solicitation, and clearly identifies those exceptions. Exceptions to any of the terms and conditions of this RFQ may be considered by the Government to be unacceptable. (4) Non-Price Volume: This volume shall exclude any pricing information, shall be limited to seven (7) pages (not including the Cover Letter, Fill-Provisions, or Terms and Conditions Statement), and shall address the following two factors: (i) Factor I - Technical Capability. The offeror shall describe in detail its approach to meeting the requirements of this RFQ. Offerors shall submit detailed information showing that the contractor is able to meet each of the salient characteristics specified in this posting. If an offeror is submitting a quote as a distributor, the offeror shall provide documentation from the manufacturer stating that they are an authorized distributor for the specific items being quoted. (5) Price Volume: The offeror shall populate the Contract Line Item Number (CLIN) Schedule to reflect the Firm Fixed Prices related to the CLIN. There is no page limit to this volume. The Government may require additional "other than cost and pricing data" prior to award. (e) Restriction on disclosure and use of data. Offerors that include in their quote data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes shall mark the title page with the following legend: "This quote includes data that shall not be disclosed outside the Government and shall not be duplicated used, or disclosed-in whole or in part-for any purpose other than to evaluate this quote. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; further mark each sheet with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this quote." 52.212-2 EVALUATION --COMMERCIAL (a) The Government will award a contract resulting from this RFQ to the responsible offeror whose quote conforming to the RFQ will be most advantageous to the Government, price and other factors considered. The Government shall evaluate quotes on a lowest price technically acceptable (LPTA) basis. The following factors shall be used to evaluate offers: (1) Technical Capability (2) Price (b) Evaluation Methodology: Technical acceptability will be evaluated on all quotes. Only those quotes determined to be technically acceptable, either initially or as a result of discussion, will considered for award. Then price will be evaluated and the quotes will be listed from lowest to highest price based on the total evaluation price. The award will be made to the offeror with the lowest evaluated price and which meets the acceptability standards for the non-cost factors. Note: The term "technical", as used herein, refers to non-price factors. The award decision will be made as follows: (1) Step One - Determine Technical Acceptability. The technical evaluation provides an assessment of the offeror's capability to satisfy the Government's requirements. The Technical Factor will receive a rating of Acceptable or Unacceptable. Only quotes deemed technically acceptable (either initially or as a result of discussions) will be considered for award. (2) Step Two - Evaluate Price. Price quotes will be evaluated on the basis of price reasonableness in accordance with FAR 13.106-3. Offerors responding to this RFQ are advised that, prior to award, the Government may request offerors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar services, sales history for the same or similar services, price lists with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted proposal. (3) Step Three - Award Decision. Award will be made to the lowest priced, technically acceptable offeror, subject to a positive responsibility determination in accordance with FAR Part 9 and conformance of the offeror's quote to the terms and conditions or the RFQ. (c) Evaluation Criteria: (1) Technical Capability: The quote will be evaluated to determine the extent to which the offeror demonstrates the technical capability to successfully provide the equipment under this contract. (2) Price: Price will be evaluated on the basis of price reasonableness. Price reasonableness pertains to the offeror's ability to project price which realistic and indicates that the offeror understands the nature and scope of the equipment to be delivered. All prices will be determined fair and reasonable through price analysis. (d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. CLAUSES AND PROVISIONS The following clauses and provisions are incorporated by reference: FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements FAR 52.204-7, System for Award Management FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.209-6, Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations FAR 52.212-1, Instructions to Offerors- Commercial Items FAR 52.212-2, Evaluation- Commercial Items FAR 52.212-4, Contract Terms and Conditions - Commercial Items FAR 52.219-6, Notice of Total Small Business Set-Aside FAR 52.219-28, Post-Award Small Business Program Representation FAR 52.222-3, Convict Labor FAR 52.222-19, Child Labor- Cooperation with Authorities and Remedies FAR 52.222-21, Prohibition of Segregated Facilities FAR 52.222-26, Equal Opportunity FAR 52.222-36, Equal Opportunity for Workers with Disabilities FAR 52.222-50, Combating Trafficking in Persons FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13, Restrictions on Certain Foreign Purchases FAR 52.232-18, Availability of Funds FAR 52.232-33, Payment by Electronic Funds Transfer- System for Award Management FAR 52.232-39, Unenforceability of Unauthorized Obligations FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-3, Protest After Award FAR 52.233-4, Applicable Law for Breach of Contract Claim FAR 52.247-34, F.O.B. Destination DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7003, Control of Government Personnel Work Product DFARS 252.204-7004 Alt A, System for Award Management Alternate A DFARS 252.204-7011, Alternative Line Item Structure DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.211-7003, Item Unique Identification and Valuation DFARS 252.213-7000, Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System-Statistical Reporting in Past Performance Evaluations DFARS 252.225-7000, Buy American--Balance Of Payments Program Certificate--Basic DFARS 252.225-7001, Buy American and Balance Of Payments Program-- Basic DFARS 252.225-7002, Qualifying Country Sources As Subcontractors DFARS 252.225-7048, Export-Controlled Items DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010, Levies on Contract Payments DFARS 252.244-7000, Subcontracts for Commercial Items DFARS 252.247-7023, Transportation of Supplies by Sea The following provisions/clauses are incorporated by full text: 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that-- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 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) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision -- "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, dated August 25, 2016, 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- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "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. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. "Veteran-owned small business concern" means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern-- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)", means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. 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, DoD, GSA, 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 electronically on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an...