A03_RFQ_15PCRD18R00000080.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 28

15PCRD18PR0000028

15PCRD18R00000080 05-04-2018

DEBASHIS NAG 05-21-2018

OA/AMD

Acquisition Management Division DOJ, Office of Justice Programs 810 7th Street, N.W.

Washington DC 20531

X 0

541611

$15 Million

N/A

X

US Department of Justice Office of Justice Programs 810 7th Street, N.W.

Washington DC 20531

OA/AMD

US Department of Justice Acquisition Management Division Office of Justice Programs

Office of the Chief Financial Officer DOJ, Office of Justice Programs Attn: Invoices

See CONTINUATION Page

This solicitation is issued as a Request for Quotation as a time and materials contract for expert consulting services.

All responsible sources may submit a quotation in response to this solicitation, which shall be considered. A contract may be awarded resulting from this solicitation to the responsible Offeror who conforms to the solicitation and is most advantageous to the Government.

See CONTINUATION Page

X 1

KAREN WASHINGTON

Contracting Officer

15PCRD18R00000080 Section A

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

B.2 SCHEDULE OF SUPPLIES AND SERVICES

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)

C.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV

2017)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (JAN 2017)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.6 OJP 2852.203-1 DOJ OIG WHISTLEBLOWER INFORMATION DOCUMENT (AUG 2016)

C.7 OJP 2852.209-70 CORPORATE REPRESENTATION REGARDING FELONY CONVICTION

UNDER ANY FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY (DEVIATION 2015-02)

(MAR 2015)

C.8 OJP 2852.209-71 CORPORATE REPRESENTATION REGARDING FELONY CONVICTION

UNDER ANY FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY (DEVIATION 2015-02)

(MAR 2015)

C.9 OJP 2852.209-74 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND ABUSE —

SOLICITATION (DEVIATION 2015-02) (MAR 2015)

C.10 OJP 2852.209-75 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND ABUSE —

AWARD (DEVIATION 2015-02) (MAR 2015)

C.11 OJP 2852.232-72 INVOICES/PAYMENTS (OCT 2016)

C.12 OJP 2852.239-70 SECTION 508 COMPLIANCE (MAR 2001)

C.13 OJP 2852.239-71 COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990 (42

U.S.C SECTION 12101) (MAR 2001)

C.14 OJP 2852.242-72 PERIOD OF PERFORMANCE OPTION CONTRACTS (MAR 2001)

C.15 OJP 2852.242-74 REPORTS (APR 2012)

C.16 OJP 2852.242-78 CONTRACT ADMINISTRATION (MAR 2001)

C.17 OJP 2852.242-81 KEY PERSONNEL-LABOR CATEGORIES/HOURS (MAR 2001)

C.18 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

15PCRD18R00000080 Section C

SECTION B ‐ SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 OCR – Expert Medical Disability Consultant Services

Contract Period: Base POP Begin: 06-04-2018 POP End: 06-03-2019

1.00 YR __________________ __________________

1001 OCR – Expert Medical

Contract Period: Option 1 POP Begin: 06-04-2019 POP End: 06-03-2020

2001 OCR – Expert Medical

Contract Period: Option 2 POP Begin: 06-04-2020 POP End: 06-03-2021

GRAND TOTAL __________________

15PCRD18R00000080 Section B

B.2 SCHEDULE OF SUPPLIES AND SERVICES

Base Year

Labor Category Estimated Hours Hourly Rate Total

Subject Matter Expert 75 $ $ Project Manager 15 $ $

Total Direct Labor 90 $

Materials and Supplies $ Travel $ 2,400.00

Total ODCs $

Total Base Year $

Option Year 1

Total Option Year 1 $

Option Year 2

Total Option Year 2 $

Total All Years $

B.3 STATEMENT OF WORK

U.S. DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS (OJP)

OFFICE FOR CIVIL RIGHTS (OCR)

EXPERT MEDICAL CONSULTANTS –

DISABILITY COMPLAINT INVESTIGATIONS

STATEMENT OF WORK

1. Introduction and Overview

The Office of Justice Programs (OJP), Office for Civil Rights (OCR) ensures that recipients of federal financial assistance (recipients) from the Department of Justice (DOJ), the Office of Community Oriented Policing Services (COPS Office), and the Office on Violence Against Women (OVW) comply with civil rights laws that prohibit discrimination against individuals in the recipients’ delivery of services or benefits. As part of its efforts to address discrimination, the OCR investigates complaints and conducts compliance reviews of service delivery in funded prisons, jails, community corrections facilities, and juvenile confinement facilities to ensure they are in compliance with applicable laws that prohibit discrimination on the basis of disability. To assist OCR in conducting these investigations, it must consult with subject matter experts in meeting the needs of individuals with disabilities in custodial settings.

2. Background

The OCR’s enforcement authority arises from several nondiscrimination statutes and regulations that require recipients to adhere to particular civil rights requirements. The following statutes and regulations prohibit discrimination on the basis of disability:

Section 504 of the Rehabilitation Act (Section 504) of 1973, as amended, which prohibits discrimination on the basis of disability in OJP-, COPS-, and OVW-funded programs or activities (29 U.S.C. § 794 and 28 C.F.R. § 42.501 et seq.);

http://www.law.cornell.edu/uscode/text/29/794 http://www.access.gpo.gov/nara/cfr/waisidx_00/28cfr42_00.html

Title II of the Americans with Disabilities Act (ADA) of 1990, as it relates to discrimination on the basis of disability in OJP-, COPS-, and OVW-funded programs or activities (42 U.S.C. § 12132 and 28 C.F.R. pt. 35);

http://www.law.cornell.edu/uscode/text/42/12132 http://www.access.gpo.gov/nara/cfr/waisidx_00/28cfr35_00.html

Section 1407 of the Victims of Crime Act (VOCA) of 1984, as amended, which prohibits discrimination on the basis of race, color, national origin, religion, sex, or disability in VOCA-funded programs or activities (42 U.S.C. § 10604); and http://www.law.cornell.edu/uscode/text/42/10604

The Violence Against Women Act (VAWA) of 1994, as amended, which prohibits discrimination on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in programs authorized under VAWA (42 U.S.C. § 13925(b)(13)).

http://www.law.cornell.edu/uscode/text/42/13925

3. Applicable Documents

The above-referenced statutes and regulations, the 2010 ADA Standards for Accessible Design (available at https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm) and the guidance entitled “Examples and Resources to Support Criminal Justice Entities in Compliance with Title II of the Americans with Disabilities Act” available at https://www.ada.gov/cjta.html.

4. Scope

The OCR is seeking to obtain the services of an expert consultant who possesses an expertise in medicine. The expert consultant shall apply the standards of practice in his or her field. The expert consultant shall have experience in applying the ADA and Section 504 in prisons, jails, community corrections facilities, and juvenile confinement facilities and ensuring that such facilities do not discriminate against individuals with disabilities. In particular, this expert consultant shall: 1) assist OCR staff in evaluating allegations of disability discrimination against recipients in any aspect of their facilities’ operations; 2) analyze policies, procedures, practices, and training for compliance with the ADA and Section 504, including but not limited to requirements regarding program accessibility, the delivery of medical and mental health services, and disciplinary and classification proceedings); 3) visit facilities, which may involve interviewing administrators, staff, inmates, volunteers, and contractors, and develop an investigative record as to compliance with the ADA and Section 504; 4) review all relevant information, which may include inmate grievance, disciplinary, and medical records; 5) present analysis and opinions to the OCR orally and in writing; 6) assist the OCR in preparing written reports regarding its analysis of and conclusions about recipients’ policies, procedures, practices, and training; and 7) aid the OCR in developing appropriate remedies and monitoring recipients’ implementation of those measures.

5. Tasks

Expert Medical Consultant Tasks

Task 1.0

Advise the OCR on data request and data collection methodologies to ensure that information gathered in connection with investigations is sufficient to determine the compliance of a prison, jail, community corrections facility, or juvenile confinement facility with the ADA and Section 504.

Task 2.0

Analyze records, policies, procedures, practices, and training to ensure the prison, jail, community corrections facility, or juvenile confinement facility is in compliance with the requirements of the ADA and Section 504.

Task 3.0

Conduct a site visit to the prison, jail, community corrections facility, or juvenile confinement facility to review documents, and to interview administrators, staff, inmates, volunteers, and contractors.

Task 4.0

Within 45 days of the site visit, the expert consultant shall produce a draft written report detailing the expert consultant’s findings, recommendations for remedying deficiencies, and procedures for monitoring compliance with the report’s corrective action recommendations. The OCR will review the draft report and may offer comments; the expert consultant shall produce a final report, incorporating any feedback from OCR, within two weeks after the receipt of the OCR’s comments. The expert consultant may be required to provide expert testimony in administrative proceedings or other public hearings regarding issues raised in the report.

Task 5.0

For each completed investigation, the expert consultant shall assist the OCR in monitoring the recipient’s compliance with the agreed-upon remedies to address violations of the ADA and Section 504.

6. Staffing

The expert consultant must possess a medical degree from an accredited medical school and be certified by an appropriate medical board and have specialized knowledge and at least five (5) years of experience related to the treatment of persons with disabilities in prisons, jails, community corrections facilities, and juvenile confinement facilities. The expert consultant must have extensive experience in evaluating compliance with the ADA and Section 504 in correctional confinement settings, and have experiencing preparing declarations, affidavits, or reports for litigation or administrative hearing matters.

7. Deliverables and Delivery Schedule

Each expert consultant shall provide the OCR with information regarding their analyses and opinions in oral and written form on an ongoing basis, as requested. At the conclusion of the expert consultant’s review, the OCR may ask the expert consultant to produce a report regarding his/her performance of the above tasks (including but not limited to the items of Section 5) and to contribute to a written report that the OCR will send to the recipients it reviews. In preparing any written material, the expert consultant shall explain his/her analysis and opinions in a manner that is detailed but accessible to a non-specialist. The expert consultant shall provide quarterly, written status reports of his/her activities and progress in reviewing every assigned case. The expert consultant should deliver any written material to the OCR within mutually agreed-upon timeframes in both hard copy and electronic format (ideally in a Word document). The OCR may also ask the expert consultant to provide oral testimony during administrative proceedings that arise from the OCR’s reviews of particular recipients’ policies, procedures, practices, and training. The expert consultant shall be available to meet with OJP staff, either in person or via tele- or video-conference, on a schedule that comports with the OJP’s standard business hours (i.e., Monday through Friday, 8:30 a.m. to 5:00 p.m. (Eastern Time zone)).

All work performed under this contract shall be governed by the DOJ/OJP’s IT Systems Rules of Behavior, as enumerated by OJP policy and summarized by the DOJ’s Computer Security Awareness Training program.

8. Government Furnished Property (GFP)

No Government furnished property is anticipated.

9. Place of Performance

The expert consultants may complete tasks under this contract at a site deemed suitable under mutually agreed-upon terms. It is not anticipated that the work shall be performed at the OJP’s offices.

10. Period of Performance

The period of performance will be for one (1) 12-month base period and up to two (2) 12-month option periods from the date of award.

The OJP will not require the expert consultants to perform work on the following federal holidays or on days observed in lieu thereof:

New Year’s Day Martin Luther King Day President’s Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day Inauguration Day (When Applicable)

11. Security

The expert consultant shall perform unclassified work under this contract; however, upon award, all contractor personnel will be required to sign a confidentiality agreement, affirming that the expert consultant will not divulge any aspect of this award or the efforts required to fulfill the requirements of this award. The expert consultant must protect the confidentiality of any communications, strategies, plans, or data received from or sent to the OCR. Security requirements may include special security clearance requirements.

All work performed under this contract shall be governed by the DOJ/OJP’s IT Systems Rules of Behavior, as enumerated by OJP policy and summarized by the DOJ’s Computer Security Awareness Training program.

12. Conflicts of Interest

All individuals assigned to this contract will have an affirmative obligation to identify any, and all, potential conflicts of interest that exist or may arise during the course of their work on this contract. Conflicts of interest include, but are not limited to, prior, current or potential employment, consulting or voluntary engagements, organizational affiliations, business and/or personal relationships.

Prior to commencing work on any specific review, the Contractor and each assigned expert consultant shall have an affirmative obligation to determine whether they have any actual or potential conflicts of interest and if so disclose them to OJP.

If a conflict is identified the expert consultant will have an affirmative obligation to assign non-conflicted individuals to that review or to identify an alternative subcontractor to work on that review. Alternative reviewers must be approved in advance by OJP.

13. Other Considerations

Disclosure and avoidance of inherently governmental functions:

The expert consultants shall not perform or give the appearance of performing inherently governmental functions as described in FAR Parts 2 and 7 and in all applicable DOJ policy. The expert consultant shall identify himself or herself as contractor support personnel in all forms of communication with all entities with whom OCR has business dealings. The expert consultants shall have personalized voice messages with introductory statements that include the fact that the persons are contractor support personnel and include a title block in all emails that states that the persons are contractor support personnel. For example, Jane Doe, Program Specialist, XYZ Corporation, Contractor Support to OJP/OCR.

The selection factors used in awarding this contract shall be based on the following factors:

a) Experience preparing expert materials

The Offeror shall submit, via Adobe PDF or MS Word document, a copy of any expert reports, affidavits, or declarations he or she has prepared in the past five years that are relevant to the requirements of this Statement of Work.

Evaluation: The Government will evaluate the submitted examples to determine whether the Offeror demonstrates the understanding of the requirements of the statement of work and would be qualified to serve as an expert consultant for the OCR.

The OCR will look for evidence that the Offerors’ reports, affidavits, and declarations are analytically sounds and free of errors.

b) Ability to complete tasks and satisfaction of minimum qualifications

The Offeror shall submit the resumes and Curriculum Vitae (CV) of the expert consultant. The resume and C.V. must be sufficiently detailed to allow the OCR to assess the person’s ability to complete the tasks listed in Section 5 above and to evaluate whether the person satisfies the Statement of Work’s Minimum Qualifications.

Evaluation: The Government will assess the requisite knowledge, skill, experience, training, and/or education to serve as an expert with the ability to meet and exceed the requirements of this Statement of Work, including its Minimum Qualifications.

SECTION C ‐ CONTRACT CLAUSES

C.1 52.212‐1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) 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.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/);

(ii) Quick Search (http://quicksearch.dla.mil/);

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by?

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697- 2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

C.2 52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision— 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.

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”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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 offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

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

(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 CFR 124.1002.

(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 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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture.

[The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the 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 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 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 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.