0. FA570620R0203_Cultural Advisor.pdf

REQUEST FOR PROPOSAL

(RFP)

Cultural Advisor Services

FA5706-20-R-0203

PLEASE RETURN RFP NOT LATER THAN: 28 August 2020 1400 hrs

DATE:

TIME (Gulf Standard Time Zone):

*Late proposals will not be accepted*

ACCEPTED FORM OF SUBMISSION: e-mail to Point of Contacts (see below)

POINT OF CONTACT/TECHNICAL REPRESENTATIVE:

Primary POC: 1st Lt Kylie Carroll, Contract Specialist BY TEL: 318-484-6465 or mail to: kylie.carroll@adab.afcent.af.mil and 380econs.lgcb@adab.afcent.af.mil

Alternate POC: Maj John Hofmann, Contracting Officer BY TEL: 318-484-6451 or mail to: john.hofmann1@adab.afcent.af.mil

REQUEST FOR INFORMATION (RFI): All questions regarding this RFP and related documents must be submitted via email NLT 07 August 2020 at 1700 hrs Gulf Standard Time Zone to the POCs above. The government will answer all questions submitted and will post as an amendment to the RFP. Questions received after this date will not be accepted.

The contractor is required to deliver; install; provide; all items in accordance with:

Performance Based Work Statement (PWS)

DESCRIPTION OF REQUIREMENT:

The Contractor shall provide nine (9) Cultural Advisor personnel, equipment, tools, materials, supervision, and other items and services necessary to locate, screen, hire, and maintain cultural advisors capable of modern standard Arabic and standard English (minimum at the 9th grade level) to serve in the United States Central Command (USCENTCOM) area of responsibility (AOR). Cultural Advisors shall be assigned to the 380th Air Expeditionary Wing (AEW).

*Funds are not presently available for this acquisition, award is subject to the availability of FY21 funding*

ATTACHMENTS: Attachment 1) PWS dated 08 Jul 20 Attachment 2) Bid Schedule Attachment 3) Past Performance Information (PPI) Attachment 4) DD254 Attachment 5) DD254 - Instructions

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes only the solicitation;

proposals are being requested and a written solicitation will not be issued.

mailto:kylie.carroll@adab.afcent.af.mil mailto:mail%20to:%20kelli.phillips.2@us.af.mil

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07, DFARS DPN 20190430, and Air Force Acquisition Circular 2019-1001.

There is no set aside for this RFQ and the associated NAICS code is 541930.

DELIVERY:

PERIOD OF PERFORMANCE:

Base Year: 15 November 2020 – 14 November 2021 Option Year 1: 15 November 2021 – 14 November 2022 Option Year 2: 15 November 2022 – 14 November 2023 Option Year 3: 15 November 2023 – 14 November 2024 Option Year 4: 15 November 2024 – 14 November 2025

PLACE OF PERFORMANCE: Al Dhafra Air Base, United Arab Emirates

OFFEROR INFORMATION:

DUNS #: CAGE CODE:

SAM REGISTERED: YES NO JCCS REGISTERED: YES NO

WAWF REGISTERED: YES NO

INDIVIDUAL OR COMPANY NAME/ADDRESS:

AUTHORIZED COMPANY POINT OF CONTACT (if applicable):

FULL NAME TITLE SIGNATURE

E-MAIL TEL.

The following clauses and provisions are applicable to this acquisition.

CLAUSES INCORPORATED BY REFERENCE

Number Title Effective Date 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements 2017-01 or Statements-Representation.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 2011-05 52.204-9 Personal Identity Verification of Contractor Personnel 2011-01 52.212-1 Instructions to Offerors – Commercial Items 2020-06 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.217-5 Evaluation of Options 1990-07 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan. 2015-03 52.223-10 Waste Reduction Program. 2011-05

52.225-14 Inconsistency between English Version and Translation of Contract 2000-02 52.225-19 Contractor Personnel in a Designated Operational Area of Supporting a Diplomatic or 2020-05

Consular Mission Outside the United States 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transaction 2020-06

Relating to Iran-Representation and Certifications 52.229-6 Taxes-Foreign Fixed-Price Contracts 2013-02 52.229-11 Tax on Certain Foreign Procurements - Notice and Representation 2020-06 52.232-18 Availability of Funds. 1984-04 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 1984-04 52.237-3 Continuity of Services 1991-01 52.246-4 Inspection of Services - Fixed Price 1996-08

252.201-7000 Contracting Officer's Representative 1991-12 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7003 Agency Office of the Inspector General 2019-08 252.203-7005 Representation Relating to Compensation of Former DoD Officials. 2011-11 252.204-7000 Disclosure of Information 2016-10 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7006 Billing Instructions 2005-10 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment 2019-12 or Services 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a 2019-05

Country that is a State Sponsor of Terrorism.

252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.225-7005 Identification of Expenditures in the United States. 2005-06 252.225-7041 Correspondence in English. 1997-06 252.225-7042 Authorization to Perform 2003-04 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. 2015-06 252.225-7048 Export-Controlled Items. 2013-06 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a 2018-12

State Sponsor of Terrorism 252.232-7011 Payments in Support of Emergencies and Contingency Operations 2013-05 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.233-7001 Choice of Law (Overseas). 1997-06 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) 2019-10 5352.223-9001 Health and Safety on Government Installations 2019-10 5352.242-9000 Contractor Access to Air Force Installations 2019-10 5352.242-9001 Common Access Cards (CAC) for Contractor Personnel 2019-10

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO FAR 52.212-1

FAR Clause 52.212-1, Instruction to Offerors- Commercial Items (JUN 2020), is hereby tailored in accordance with the following:

(c) is hereby tailored to read as follows: Period for acceptance of offers: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(e) is hereby tailored to read as follows: Multiple pricing offers will NOT be accepted.

(f) is hereby tailored to read as follows: Late offers will not be accepted. Offers must be received in the POC's email inbox NLT the time specified on page 1 of this document. No other point of entry may serve as receipt, to include a server. However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

NOTE: Access to Base Facilities - The 380th Expeditionary Contracting Squadron is located on an Air Force Installation located within Al Dhafra Air Base, which is controlled by the Emirati Armed Forces. Escorts will be required and access will not be granted until the proper base access documentation is provided to both the Emirati Security Office and the Air Force DBIDS office

(b) is hereby tailored to read as follows:

PROPOSAL PREPARATION INSTRUCTIONS

1. The Government intends to award a Firm-Fixed-Price (FFP) contract to satisfy this requirement. This requirement is being solicited as a Request for Proposal utilizing FAR Part 13 Simplified Acquisition procedures; submission of a proposal does not guarantee receipt of an award. In order to be considered for award, the offeror's proposal must be compliant with the requirements of this RFP and the Performance Work Statement (PWS), as well as Government standards and regulations pertaining to the PWS.

2. Electronic copies of the proposal shall be submitted in a format readable by Microsoft (MS) Office Word 2016, MS Office Excel 2016, MS Office Power Point 2016 or Adobe Reader. Proposals must be sent via e-mail. If your file is too large to send via email, coordinate with the POCs above to schedule a DOD SAFE drop off. The DOD Safe drop off needs to be scheduled at least 2 days prior to the submission due date listed on Page 1 on this document.

3. Requests for Information shall be submitted to the POCs mentioned above NLT 1700 hrs Gulf Standard Time Zone on Friday, 07 August 2020.

4. All proposals must be submitted in English in order to be considered for award. Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired. Company names and logos should only be on the first page of the proposal.

5. Offerors shall provide a Firm Fixed Price (FFP) proposal in United States Dollars (USD); the proposal must address any discount payment terms that will be offered.

6. Responsibility Determination - This contract will be awarded in a foreign area where the laws and customs are not consistent with the application of FAR Part 9, Contractor Qualifications, accordingly, the Government will rely on the Joint Contingency Contracting System (JCCS) database for our responsibility determination.

7. The Government will not reimburse offerors for any costs associated with their proposal preparations.

8. The proposals shall contain the following:

A) Price Proposal:

(1) The offeror shall submit a monthly unit price and extended amount for each individual Contract Line Item Number (CLIN) and a total proposed price (Base Year plus Four (4) one -year option periods on Attachment 2: Bid Schedule.)

All proposed prices should be rounded out to two (2) decimal places.

(2) The extended amount must equal the unit price multiplied by the number of units. Incomplete pricing may result in a quotation no longer being considered for award. All CLINs must to be proposed on. No partial quotations will be accepted.

(3) All prices shall be submitted in U.S. Dollars (USD).

B) Technical Proposal:

The offeror shall submit a technical proposal, limited to a total of 5 pages, with the following technical factor:

Factor 1: Phase In/Out Plan.

The offeror shall submit a document, limited to 5 pages, detailing a comprehensive phase-in plan to ensure there is a smooth transition in the change of work effort. The offeror's phase-in plan must demonstrate an understanding of the requirement and the ability to ensure a seamless transition of uninterrupted cultural advisor services and compliance with the PWS. The plan must also emphasize the steps and procedures that will be taken to effectively mobilize their company onto ADAB and be fully operational. The offeror shall provide a plan describing the method of accomplishment to obtain company personnel badging for work on ADAB. Additionally, the offeror shall provide a phase-out plan for the smooth transition of services to another offeror or government agency in the event the service is not renewed for an option period, the last option period on the contract is due to end, or termination.

C) Past Performance Information:

The offeror shall submit past performance information on Attachment 3: Past Performance Information. Past performance must be recent, within last 3 years, and relevant, of similar scope and complexity to the Cultural Advisor requirement being solicited. Submit accurate information on no more than five (5) total contracts that the offeror considers most relevant in demonstrating their ability to perform the proposed effort. Offerors must provide the following information for each contract they include:

a. Contracting Agency/Customer

b. Contract Number

c. Contract Type

d. Total Dollar/Dirham Contract Value

e. Date of Award

f. Period of Performance

g. Synopsis of how performance of the subject contract is relevant to the requirements of the solicitation

h. Contracting Officer's Name or Commercial Customer POC, Telephone Number and e-mail address

Note: For each identified non-government customer, the offeror shall submit a Consent Letter authorizing release of information to the Government on the offeror's performance, should it be needed.

D) Representations and Certifications

The offeror shall submit a properly filled out copy of the offeror's representations and certifications: FAR 52.204-24 and 52.212-3 with its Alternate I and DFARS 252.204-7016 and 252.204-7017.

E) DD 254

The offeror shall submit a completed DD 254 with Blocks 6 and 7 filled out, as applicable.

(End of Addendum to 52.212-1)

52.212-2 Evaluation-Commercial Items. 2014-10

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation-Commercial Items (Oct 2014)

(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 proposals:

I. Price II. Technical III. Past Performance

Technical and past performance, when combined, are of equal importance to price.

(b) Options. The Government will evaluate proposals for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a proposal is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of a proposal, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the proposal, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept a proposal (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM TO FAR 52.212-2

FAR Clause 52.212-2, Evaluation - Commercial Items (OCT 2014), is hereby tailored in accordance with the following:

(d): Basis for Contract Award: The Government intends to make an award to the Lowest Price, Technically Acceptable (LPTA) offeror with acceptable past performance. All proposals will first be evaluated for responsiveness. Failure to meet the requirements of the instructions in FAR Clause 52.212-1 and its addendum will result in an offer being deemed unacceptable.

All proposals will then be evaluated on the Total Evaluated Price (TEP) and ranked from lowest to highest. The two lowest priced proposals will be rated for technical acceptability. If either of the two proposals are deemed unacceptable during the evaluation process, the next lowest offeror(s) will be evaluated for technical acceptability. Once two proposals are rated as technically acceptable, their past performance will be evaluated. Should a technically acceptable proposal have unacceptable past performance, the next lowest priced offeror will go through the technical evaluation process, then the past performance review process. If two proposals cannot be deemed technically acceptable, the Government will move forward with the evaluation process as long as one technically acceptable proposals is received. Award will be made to the lowest priced, technically acceptable offeror with acceptable recent and relevant past performance.

The evaluation process will include:

1) Price Evaluation:

The government will rank all proposals by TEP, to include the base year, all option year prices and the six-month extension authorized by FAR 52.217-8. The TEP will be calculated by multiplying the monthly unit price by the quantity to confirm the extended amount proposed for each CLIN. The six month extension will be calculated by taking the extended amounts for Option Year 4 and multiplying them by a factor of 0.5. All extended amounts from the base year, option years, and the 6 month extension will then be added together to get to the TEP. The TEP will be evaluated for fair and reasonableness IAW FAR 13.106-3(a).

2) Technical Acceptability:

Offerors will be evaluated on written documentation submitted in accordance with the Addendum to FAR 52.212-1, Instructions to Offerors. Technical acceptability is based on successfully meeting the requirement. The outlined factor will be rated as "Acceptable" or "Unacceptable" according to Table 1.

Table 1. Technical Ratings Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

Offerors must receive an "Acceptable" rating for the factor to receive an overall "Acceptable" rating in the technical evaluation. In the event the factor receives an "Unacceptable" rating, the proposals will receive an overall "Unacceptable" rating for the technical evaluation.

Factor 1: Phase In/Phase Out Plan - the factor is met when the offeror submits a document detailing:

- An understanding of the requirement and the ability to ensure a seamless transition of uninterrupted cultural advisor services and compliance with the PWS

- A comprehensive phase-in plan that ensures a smooth transition in the change of work effort

- The steps and procedures that will be taken to effectively mobilize their company onto ADAB and be fully operational

- The method to successfully obtain company personnel badging for work on ADAB

- A phase-out plan for the smooth transition of services to another offeror or government agency in the event the service is not renewed for an option period, the last option period on the contract is due to end, or termination

3) Past Performance:

The contracting officer will seek recent and relevant past performance of each offeror based on two sources: 1) past performance references provided on Attachment 3: Past Performance Information and 2) data independently obtained from other Government sources, such as, but not limited to: Performance Analysis Reports, Contracting Officer Representative Reports, and information from the Contractor Performance Assessment Reporting System (CPARS). Recent and relevant are defined in Table 2 below. The past performance will first be evaluated for recency. If the past performance information is recent, it will then be evaluated for relevancy. If the past performance is both recent and relevant, the information will then be evaluated for how well the offeror performed on prior contracts IAW Table 3.

In the case an offeror is without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably, or unfavorably, on past performance. Therefore, the offeror shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable."

Table 2. Past Performance Definitions Term Definition

Recent Past Performance within past 3 years

Not Recent Past Performance is not within past 3 years

Relevant Past Performance is of similar scope and complexity to Cultural Advisor Requirement

Not Relevant Past Performance is not of similar scope and/or complexity to Cultural Advisor requirement

Table 3. Past Performance Ratings Adjectival Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance is unknown

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

(End of Addendum to 52.212-2)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-- "Covered telecommunications equipment or services", "critical technology", and "substantial or essential component" have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that it will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will" provide covered telecommunications equipment or services", the Offeror shall provide the following information as part of the offer--

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.212-3 Offeror Representations and Certifications – Commercial Items. 2020-06

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications-Commercial Items (Jun 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(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.

https://acquisition.gov/content/part-12-acquisition-commercial-items#i1113145 https://www.sam.gov/ https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1968408723

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.“Sensitive technology”—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(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 veteransor, 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 with13 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 at13 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 CFR124.104(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.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

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.

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 least51 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.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications- Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other http://www.sam.gov/ https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:

__________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements–Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 https://acquisition.gov/content/part-25-foreign-acquisition#i1093771 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

https://acquisition.gov/content/part-25-foreign-acquisition#i1093771 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446

Line Item No. Country of Origin

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–

(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) □ Have, □ have not, within a three-year period preceding this offer, been…