RFQ_Translation_Exam_Development_Services-A00001.pdf

UNCLASSIFIED//FOR OFFICIAL USE ONLY

REQUEST FOR QUOTE # 15F06718Q0000100-A00001

TRANSLATION EXAM DEVELOPMENT SERVICES

Date: August 15, 2018

To: Small Business Vendors, From: Federal Bureau of Investigation/Finance Division

Subject: Request for Quotation for Translation Exam Development Services for the

Federal Bureau of Investigation, Language Testing and Assessment Unit

Solicitation Number: 15F06718Q0000100

Amendment Number: A00001

The Federal Bureau of Investigation, Professional Services Acquisition Unit is issuing this

Request for Quotation to solicit small business vendors who can provide translation exam development services. This solicitation is issued for the purpose of entering into multiple

Blanket Purchase Agreements to provide translation exam development services. This is an open market requirement and is set-aside for total small businesses. The NAICS Code is 541720, Research and Development in the Social Sciences and Humanities and the small business size standard is $20,500,000 annual revenue. All performance will take place at the contractor’s facility.

The period of performance for the multiple award Blanket Purchase Agreements will start

September 24, 2018 and will be for a base year and four option years.

Contractors interested in competing for this effort may participate by submitting Quotations in accordance with the procedures set forth in this Request for Quotation.

Questions To the Contracting Officer Are Due: [08/14/2018, 12:00 pm EST]

Quotes Must Be Submitted No Later Than: [08/30/2018, 12:00 pm EST]

REQUEST FOR QUOTE # 15F06718Q0000100-A00001

1.0 SERVICES

1.1 General Description

Federal Bureau of Investigation (FBI), Language Testing and Assessment Unit (LTAU) has a requirement for the development of translation exams. The FBI administers the translation exam tests as part of an applicant qualification process for translator positions. The utilization of

Blanket Purchase Agreements (BPAs) will provide LTAU a contracting vehicle to award individual BPA calls that can be placed for a full range of language translation exam development services that when delivered to the FBI will become part of the test battery used to accurately assess the language abilities of applicants for translator positions. These BPAs will provide a qualified Project Manager and language Subject Matter Experts (SMEs) with firm fixed-priced labor categories and rates.

2.0 STATEMENT OF WORK

See Attachment A - Statement of Work (SOW), Translation Exam Development.

2.1 Scope of Work

Work is to be performed in accordance with Attachment A - SOW.

Small business vendors shall submit responses to the Request for Quotation (RFQ) through

Federal Business Opportunities (FBO). An award letter and BPA (terms and conditions) will be issued to each BPA holder awardee. As language related services are required for specific projects in each area, BPA calls will be issued to individual vendor awardee. Each BPA will be established for a period of one (1) base year and four (4) option years.

The BPA calls to be issued under each BPA will be based on scope of work defining specific requirements. The BPAs will establish firm-fixed price rates for each completed language test.

BPA holders will use the direct labor costs for all labor categories used in the development as well as well as any indirect costs to quote an order request/call that will be captured and tracked.

It is estimated that the total dollar value will be $534,937 dollars associated with all BPAs issued during all five (5) years of performance.

However, it is emphasized that there are no intended or implied guarantees regarding the

Government’s usage of this vehicle. The BPAs established as a result of this RFQ do not obligate any Government funds. There will not be any travel required under the BPAs.

The overall objective of this initiative is that test exam delivered to the FBI will become part of the test battery used to accurately assess the language abilities of applicants for translator positions.

2.2 Deliverables

REQUEST FOR QUOTE # 15F06718Q0000100

See Attachment A - SOW, Section 2 - Requirements/Specifications for details on test passage and other required deliverables and Section 6 - Deliverables.

2.3 Term of BPAs

The Government anticipates a one-year base Period of Performance (PoP) with four one-year option periods as shown in Table 1 below. All options may be exercised by the Government unilaterally, and are contingent on the availability of fiscal funding, continuation of need, and satisfactory contractor performance. The start date for the base period will be adjusted to reflect the actual BPAs effective date.

Table 1 – Order Term

Base Period 9/24/2018 - 9/23/2019

Option 1 9/24/2019 - 9/23/2020

Option 2 9/24/2020 - 9/23/2021

Option 3 9/24/2021 - 9/23/2022

Option 4 9/24/2022 - 9/23/2023

3.0 PRICES/COSTS

See attached SF 1449.

RFQ Section 5.5 Volume IV - Price explains quote preparations for pricing.

Vendors shall also propose costs to meet the requirement stated in Subfactor 1. Proposed

Translation Exam Cost.

4.0 TERMS AND CONDITIONS

4.1 Contract Terms and Conditions

All terms and conditions applies under Federal Acquisition Regulation (FAR) Part 12 -

Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures.

4.2 [FAR 52.252-2] Clauses Incorporated by Reference

The following FAR clauses are hereby incorporated into the RFQ by reference with the same force and effect as if they were given full text. Upon request, the Contracting Officer will make the full text available. Also, the full text of a clause may be accessed electronically at this address. Federal Acquisition Regulation: https://www.acquisition.gov/far/.

https://www.acquisition.gov/far/

Clause Title

52.202-1 Definitions (Nov 2013) (IAW FAR 2.201)

52.203-3 Gratuities (Apr 1984) (IAW FAR 3.202)

52.203-5 Covenant Against Contingent Fees (May 2014) ) (IAW FAR 3.404)

52.203-6 Restriction on Subcontractor Sales to the Government (Sept 2006)(41

U.S.C. 253g and 10 U.S.C. 2402)

52.203-7 Anti-Kickback Procedures (May 2014) (IAW FAR 3.502-3)

52.203-8 Cancellation, Rescission, and Recovery of funds for Illegal or Improper

Activity (May 2014) (IAW FAR 3.104-9(a))

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

(IAW FAR 3.104-9(b))

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

(Oct 2010) (IAW FAR 3.808(b))

52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) (IAW FAR

3.1004(a))

52.203-14 Display of Hotline Poster(s) (Oct 2015) (IAW FAR 3.1004(b)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (Apr 2014) (IAW FAR 3.908-9)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(May 2011) (IAW FAR 4.303)

52.204-7 System for Award Management (Oct 2016) (IAW FAR 4.1105(a)(1))

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Oct 2016) (IAW FAR 4.1403(a))

52.204-13 System for Award Management Maintenance (Oct 2016) (IAW FAR

4.1105(b))

52.204-14 Service Contract Reporting Requirements (Jan 2016) (IAW FAR

4.1705(a))

52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014) (IAW FAR 4.1202(b))

52.207-3 Right of First Refusal of Employment (May 2006) (IAW FAR 7.305(c))

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015) (IAW FAR 9.108-5(b))

52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct

2015) (IAW FAR 9.409)

52.212-4 Contract Terms and Conditions-Commercial Items (Jan 2017) (IAW

FAR 12.301(b)(3))

52.212-5 Contract Terms and Conditions required to Implement Statutes or

Executive Orders-Commercial Items (Jul 2018) (IAW FAR

12.301(b)(4))

52.215.22 Limitations on Pass-Through Charges-Identification of Subcontract

Effort (Oct 2009) (IAW FAR 15.408(n)(1))

52.217-8 Option to Extend Services (Nov 1999) (IAW FAR 17.208(f))

52.217-9 Option to Extend the Term of the Contract (Mar 2000) (IAW FAR

17.208(g)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644)

52.219-6 Alternate I (Nov 2011) and Alternate II (Nov 2011)

52.219-8 Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3))

52.219-9 Alternate I (Nov 2016), Alternate II (Nov 2016) Alternate III (Jan 2017)

52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2))

52.222-3 Convict Labor (June 2003) (E.O. 11755)

52.222-17 Nondisplacement of Qualified Workers (May 2014)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016) (E.O. 11246)

52.222-37 Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

52.222-40 Notice of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

52.222-50 Combating Trafficking in Persons (Mar 2015) (22 U.S.C. Chapter 78 and E.O. 13627)

52.223-6 Drug-Free Workplace (MAY 2001) (IAW FAR 23.505)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving (Aug 2011) (IAW FAR 23.1105)

52.225-13 Restriction on Certain Foreign Purchases (June 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets

Control of the Department of Treasury) (IAW FAR 25.1103(a))

52.227-14 Rights in Data-General (May 2014) (IAW FAR 27.409(b)(1))

52.227-14 Alternate I (Dec 2007)

52.232-1 Payments (Apr 1984) (IAW FAR 32.111(a)(1)

52.232-17 Interest (May 2014) (IAW FAR 32.611(a))

52.232-23 Assignment of Claims (May 2014) (IAW FAR 32.806(a)(1))

52.232-25 Prompt Payment (Jan 2017) (IAW FAR 32.908(c))

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

(Jul 2013) (31.U.S.C. 3332)

52.232-39 Unforceability of Unauthorized Obligations (Jun 2013) (IAW FAR

32.706-3)

52.232.40 Providing Accelerated Payments to Small Business Subcontractors (Dec

2013) (IAW FAR 32.009-2)

52.233-3 Protest after Award (Aug 1996) (IAW FAR 33.106(b))

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-

77, 108-78)

52.242-5 Payment to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12))

52.242-15 Stop-Work Order (Aug 1989) (IAW FAR 42.1305(b))

52.242-17 Government Delay of Work (Apr 1984) (IAW FAR 42.1305(c))

52.243-1 Changes-Fixed Price (Aug 1987) Alternate I, (Apr 1984), Alternate II

(Apr 1984)

52.244-2 Subcontracts (Oct 2010) (IAW FAR 44.204(a)(1))

52.244-6 Subcontracts for Commercial Items (Nov 2017) (IAW FAR 44.403)

52.246-4 Inspection of Services - Fixed-Price (Aug 1996) (IAW FAR 46.304)

52.249-2 Termination for Convenience of the Government Fixed-Price (Apr

2012) (IAW FAR 49.502(b)(1)(i))

52.249-4 Termination for Convenience of the Government(Services) (Short form)

(Apr 1984) (IAW FAR 49.502(c))

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)(FAR 49.504(a)(1)

52.253-1 Computer Generated Forms (Jan 1991)(IAW FAR 53.111)

4.2.1 JAR 2852.233-70 Protests Filed Directly With the Department of Justice (Jan 1998)

(IAW JAR 2833.102(d))

4.3 [FAR 52.252-1] Solicitation Provisions Incorporated by Reference

This solicitation incorporates one or more solicitation provisions by reference with the same force and effect as it were given in full text. Upon request, the Contracting Officer will make the full text available. The quoter is caution that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions 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 address. Federal Acquisition Regulation: https://www.acquisition.gov/far/

52.212-1 Instructions to Offerors-Commercial Items (Jan 2017) (IAW FAR

12.301(b)(1))

52.207-6 Solicitation of Offerors from Small Business Concerns and Small

Business Teaming Arrangements or Joint Ventures (Multiple Award

Contracts) (Oct 2016) (IAW FAR 7.107-6) https://www.acquisition.gov/far/

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representations and Certifications (Oct

2015) (IAW FAR 25.1103(e))

4.4 Clauses (full text)

The following FAR clauses are hereby incorporated into the RFQ by full text.

4.4.1 52.222-35 Equal Opportunity for Veterans (Oct 2015)

(a) Definitions. As used in this clause—

Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,”

“disable veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meaning given at FAR 22.1301.

(b) Equal opportunity clause.

The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-

300.5(a) as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts.

The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Program, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

4.4.2 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

(a) Equal opportunity clause.

The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-

741.5(a) as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts.

The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000.00 unless exempted by rules, regulations or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S.

Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

4.5 Provisions (full text)

The following FAR provisions are hereby incorporated into the RFQ by full text.

4.5.1 52.204-8 Annual Representations and Certifications (Jan 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is

541720.

(2) The small business size standard is $20,500,000 annual revenue.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the quoter is currently registered in the System for Award Management (SAM), and has completed the

Representations and Certifications section of SAM electronically, the quoter may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The quoter shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the quoter has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Requires Certain

Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—

Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11 Representation by Corporation Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the

United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by

DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United

States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting

Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction

Goals-Representation. This provision applies to solicitation that includes the clause at 52.225-3

(xix) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act

Certificate. (Basic, Alternate I, II, and III) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but it’s less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in

Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain

Activities or Transaction Relating to Iran—Representation and Certifications.

This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution

Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

__ (i) 52.204-17, Ownership or Control of Quoter.

__ (ii) 52.204-20, Predecessor of Quoter

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End

Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification. ).

__ (v) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material

Content for EPA-Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

__(A) Basic.

__ (B) Alternate I.

__(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer

Software.

(d) The quoter has completed the annual representations and certifications electronically via the

SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the quoter verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [quoter to insert changes, identifying change by clause number, title, date].

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.

FAR Clause # Title Date Change

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

(End of provision)

4.5.2 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan –

Certification (Aug 2009)

(a) Definitions. As used in this provision—

“Business operations” means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

https://www.acquisition.gov/

“Marginalized populations of Sudan” means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

“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.

(b) Certification. By submission of its offer, the quoter certifies that the quoter does not conduct any restricted business operations in Sudan.

(End of Provision)

4.5.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Jul 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the

Federal and State level but only in connection with performance of a Federal contract or grant. It http://uscode.house.gov/ does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The quoter [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the quoter checked “has” in paragraph (b) of this provision, the quoter represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the quoter, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the quoter of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of

$100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs

(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the quoter has been involved in the last five years in any of the occurrences listed in

(c)(1) of this provision, whether the quoter has provided the requested information with regard to each occurrence.

(d) The quoter shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for

Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

4.5.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--

COMMERCIAL ITEMS (Nov 2017)

The Quoter shall complete only paragraph (b) of this provision if the Quoter has completed the annual representations and certificates electronically via The System for Award Management

(SAM) Web site located at https://www.sam.gov/portal. If a Quoter has not completed the annual representations and certifications electronically, the Quoter shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision—

“Economically disadvantage 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.

“Highest-level owner” means the entity that owns or controls an immediate owner of the quoter, or that owns or controls one or more entities that control an immediate owner of the quoter. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the quoter, that has direct control of the quoter.

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).

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“Manufactured end product” means any end product in product and service codes (PSC) 1000-

9999, except—

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

(2) Product 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 include 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 disadvantaged has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13CFR

124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes in name.

The extent of the responsibility of the successor or the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

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

(2) The quoter has completed the annual representations and certification electronically via the SAM website accessed through http://www.acquisition.gov . After reviewing the

SAM database information, the quoter verifies by submission of this offer that the representation 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 ____________. [Quoter to identify the applicable paragraphs at (c) through (t) of this provision that the quoter 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 quoter are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Quoters 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 quoter 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 quoter represented itself as a small business concern in paragraph (c)(1) of this provision.] The quoter 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 quoter represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The quoter represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

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(4) Small disadvantaged business concern. [Complete only if the quoter represented itself as a small business concern in paragraph (c)(1) of this provision.] The quoter represents, for general statistical purposes, that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the quoter represented itself as a small business concern in paragraph (c)(1) of this provision.]

The quoter represents that it [ ] is, [ ] is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the quoter represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The quoter 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 quoter shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ______________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the quoter represented itself as a WOSB concern eligible under the

WOSB Program in (c)(6) of this provision.] The quoter 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 quoter 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 quoter is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The quoter 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 quoters may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by quoter or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the quoter represented itself as a small business concern in paragraph (c)(1) of this provision.] The quoter 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)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The quoter shall enter the names of each of the

HUBZone small business concerns participating in the HUBZone joint venture:

____________.] Each HUBZone small business concern participating in the

HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The quoter represents that--

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

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

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

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

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

Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

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

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation

(FAR) 52.225-1, Buy American Act--Supplies, is included in this solicitation.)

(1) The quoter 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 quoter has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The quoter 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 Act—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 Act--Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The quoter 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 quoter 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 Act—Free Trade Agreements—Israeli Trade Act.”

(ii) The quoter 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 Act--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:

[List as necessary]

(iii) The quoter 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 Act--Free Trade Agreements--Israeli

Trade Act.” The quoter shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American Act--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 quoter certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act--

Free Trade Agreements--Israeli Trade Act":

(ii) Canadian End Products:

Line Item No.

(3) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate

II. If Alternate II to the clause at FAR 52.225-3 is included in this…