24322619R0001_Amendment_0003.pdf

United States Office of Personnel Management

Office of Procurement Operations

Request for Proposal (RFP)

For Human Resources Line of Business (HRLOB) Strategic Human Capital Consulting and Technical Support Services

Amendment 0003

U.S. Office of Personnel Management

Office of Procurement Operations (OPO) 1900 E Street NW

Washington, DC 20415

(x)

24322619R0001 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Washington DC 20415-7710

243226

Room 1342 1900 E St. NW US Office of Personnel Management

OPO - DC

12/04/20180003

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods : (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

11/02/2018

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to:

1. Incorporate changes from the Questions and Answers (FINAL);

2. Extend the RFP due date to 9:00 am Eastern Time, December 12, 2018.

Changes to the RFP are in bold, red text and strikethrough text.

Due date for PPQs remains as noted in Amendment 0002 and Attachment 3.

All other terms and conditions remain unchanged.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

SHERON P SPANN

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

OFFICE OF PERSONNEL MANAGEMENT

HRLOB Strategic Human Capital Consulting and Technical Support Services

1.0 EXECUTIVE SUMMARY

The U.S. Office of Personnel Management (OPM) is seeking to obtain HRLOB Strategic Human Capital Consulting and Technical Support Services as a competitive total small business set-aside. The North American Industrial Classification (NAICS) is 541612 – Human Resources Consulting Services and the Small Business Administration (SBA) size standard is $15,000,000.

This acquisition is conducted in accordance with FAR Part 12, Part 15 and Part 19 in conjunction with the policies and procedures in this Request for Proposal (RFP).

1.1 Background

The HRLOB is governed by the Multi-Agency Executive Strategy Committee (MAESC) consisting of twenty-four Federal cabinet agencies. The HRLOB initiative takes a line of business approach and builds upon previous e-Gov initiatives’ successes. The HRLOB approach is to enable the Chief Human Capital Officer’s (CHCO) vision and promote the government-wide strategic management of HC from “strategy to separation” to optimize Federal mission delivery.

HRLOB requires support in planning, developing, implementing and promoting Human Capital (HC) strategies to drive HC Standards and Management & Modernization, HC Policy, Performance and Operations, and HC Community Engagement and Communication. The overall objectives are to (1) Create a modern, standardized human capital environment that meets the needs of the Federal workforce and enables the continuous improvement of HC management and service delivery, (2) Increase efficiencies in the acquisition, development, and delivery of HC services and supporting systems to improve service quality and reduce duplicative spend, (3) Enable collaboration between HC customers, providers, executive stakeholders, and supporting partners to leverage the government’s collective expertise in establishing common HC principles, and (4) Support the complete, secure, and timely sharing of information across an employee’s career to improve workforce engagement and confidence in Federal HC management.

1.2 Contract Type

OPM proposes to award a single firm-fixed-price, performance based stand-alone contract.

1.3 Period of Performance

One-year base period from date of award and four one-year options.

1.4 Place of Performance

The work, including Key personnel, will be conducted on-site at OPM, Theodore Roosevelt Building, 1900 E Street NW, Washington, DC 20415. Situational telework may be authorized by the Government. The place of performance of the required support will be the contractor’s facility and on-site at OPM, Theodore Roosevelt Building, 1900 E Street NW, Washington, DC 20415.

1.5 Contract Pricing

See Attachment 2 and Section 3.7, Price.

Travel is a cost type contract portion, whereby the contractor will be reimbursed for costs incurred up to the NTE amount. Documentation supporting those costs claimed shall be provided prior to the Government approving payment.

Below is the breakdown of CLINs:

CLIN Description Type 00001 Human Capital Standards Management and

Modernization

FFP

00002 Human Capital Policy, Performance & Operations FFP 00003 Human Capital Community Engagement &

Communication

FFP

00004 Travel – NTE Amount to be Provided Cost *All CLINs have option years except for 00004 which is for the life of the contract.

1.6 Commitment of Public Funds

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed acquisition. Any other commitment, either explicit or implied, is invalid.

1.7 Communications Prior to Award

All communications shall be directed, via email, to the attention of Sherón Spann, Contracting Officer at sheron.spann@opm.gov and Michael Ashworth, Contract Specialist at Michael.Ashworth@opm.gov and cc Patricia Smart at patricia.smart@opm.gov.

All questions must be submitted to the individuals identified above via email no later than 3:00 pm Eastern Time (ET) on November 15, 2018. The subject line shall read “QUESTION(S)

HRLOB RFP 24322619R0001.”

Communications with officials other than the OPM Contracting Officer and/or Contract Specialist may compromise this acquisition; may result in the cancellation of the solicitation and/or exclusion of your proposal from this procurement action.

1.8 Preparation Costs

This RFP does not commit the Government to pay for the preparation and/or submission of a proposal.

1.9 Acceptance Period

Unless otherwise specified, the offeror’s proposal must be valid for at least ninety (90) days from the solicitation due date.

mailto:sheron.spann@opm.gov mailto:Michael.Ashworth@opm.gov

2.0 TERMS AND CONDITIONS

The terms and conditions presented within the RFP and any resultant award apply to the Contractor, its subcontractors and/or teaming partners, and employees (hereafter referred to collectively as “Contractor”).

2.1 Inspection

The CO, unless delegated to the Contracting Officer's Representative (COR), will be responsible for inspecting products/services furnished under the contract.

2.2 Quality Assurance Surveillance Plan (QASP)

The QASP provided in Attachment 1 of this RFP will be incorporated into and made a part of any resulting contract. If the CO and/or COR reveals contract provisions are not being met, the discrepancy will be brought to the attention of the Contractor for correction and additional action may be taken in accordance with terms of the QASP.

2.3 Contract award

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

The Government may reject a proposal if such action is in the Government's interest.

The Government may waive informalities and minor irregularities in proposals received.

Offerors not registered in the System for Award Management (SAM) database will not be considered for award. Offerors may register with SAM by calling 1-866-606-8220, or by accessing www.sam.gov.

3.0 INSTRUCTIONS TO OFFERORS

3.1 Proposal Submission Deadline

The proposal is due by 9:00 am ET on December 12, 2018 3:00 pm ET on December 3, 2018 and must be submitted via e-mail to sheron.spann@opm.gov and Michael.Ashworth@opm.gov and cc Patricia Smart at patricia.smart@opm.gov.

Proposals received after this time will be handled in accordance with FAR 15.208.

3.2 Proposal Format and Content

mailto:sheron.spann@opm.gov mailto:Michael.Ashworth@opm.gov

a. The Offeror's proposal must provide--

• Signed and completed SF1449;

• Offeror's Dun & Bradstreet (DUNS) number;

• The name, address, telephone and e-mail address of the Offeror; to include contractor POC authorized to negotiate on behalf of the company

• A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

• All proposals must be submitted via email directly to the Points of Contact (POCs) as identified in Section 3.1 -Proposal Submission Deadline as noted above.

• Verification of compliance with FAR 52.222-35, 52.222.37, or 52.222-38.

Verification shall be in the form of information from Veterans Employment & Training Services (VETS) 4212 Service Desk.

• In accordance with FAR Clause 52.212-3, contractor must show completion of reps and certs

b. Unless otherwise permitted in the solicitation, proposals submitted must be on an all-or-none basis, e.g., proposals that propose to not provide any service or combination of services shall be determined to be nonresponsive.

c. Proposals submitted in response to this solicitation shall be in English and in whole

U.S. dollars.

d. Offerors may submit modifications to their proposals at any time before the solicitation closing date and time or in response to an amendment in accordance with the terms of the amendment.

e. Offerors may submit revised proposals only if requested or allowed by the

Contracting Officer.

f. Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer and Contract Specialist.

g. Proposals in response to this solicitation will be valid for a period of 90 calendar days.

h. Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall:

• Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a purchase order is awarded to this Offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting purchase order. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

• Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

i. Proposal must be submitted in two separate volumes, Technical and Price. Each volume shall be separate and complete, so that evaluation of each may be accomplished independently.

j. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. A Table of Contents shall be created for each volume of the proposal. PDF or compatible files shall use the following page setup parameters:

• Margins – Top, Bottom, Left, Right - 1”

• Gutter – 0”

• From Edge – Header, Footer - 0.5”

• Page Size, – 8.5” x 11”

• Page Size spreadsheets, table, charts, etc. may be 11” x 17” but counts as 2 pages

The following additional restrictions apply:

• Each paragraph shall be separated by at least one blank line.

• Font type: Times New Roman; font size12, font size for headers and footers may be increased to 14 or reduced to 10.

• Font size for spreadsheets, tables, charts, etc. may be reduced to font size 8.

• The use of hyperlinks in proposals is prohibited.

Proposal page limits are as follows:

• Technical Proposal – 25 page maximum

• Price Proposal – 5 page maximum

Proposals that exceed the page limits above will only be evaluated up to the maximum page limit. Page numbers, headers and footers may be within the page margins ONLY, and are not bound by the font requirements. Company logos are prohibited with the exception of the Title Page. The page limits are applicable to graphs, tables, drawings and any other attachments submitted with the proposals and not specifically excluded by the solicitation. Any index, table of contents, glossary, resumes (limited to two (2) pages person), letters of commitment, PPQs, past performance documentation and reports and information requested in Section 3.2 a will not be included in the maximum page limitation.

Offerors shall prepare proposals on the presumption that the Government has no previous knowledge of the offeror’s capabilities. Proposals will be evaluated only on the information specifically presented in the respective submittals, with the exception of the Past Performance evaluations.

3.3 Corporate Capabilities – Volume I

The offeror shall describe its corporate resources, capabilities and experience of relevant contract (and project) efforts. Relevant contracts and projects referenced must have been completed within the past five (5) years or currently in progress and similar in size and scope to the requirements in the PWS. Offerors shall submit three (3) examples but not more than five (5) and include the following information at a minimum:

a. Name of contract or project, Contract number;

b. Project description, scope of work performed, services or products delivered;

c. Role (Prime or Subcontractor);

d. Period of Performance;

e. Contract type, Contract awarded amount, Total Contract Value;

f. POCs, Phone, Address, E-mail;

g. Problems Encountered/Corrective Actions Taken.

3.4 Technical and Management Approach – Volume I

The offeror shall discuss its approach to meeting the requirements of the PWS in sufficient detail to demonstrate its understanding of the requirements and ensure they can be successfully accomplished. The technical and management approach shall include at a minimum:

a. Narrative describing an understanding of the requirement;

b. Proposed deliverables;

c. Description of technical expertise and approach for meeting the requirements of the PWS;

d. Completed QASP.

The offeror should include the responsibilities and the relationship between the prime contractor, teaming arrangements and key subcontractors. The offeror should briefly address and indicate which member(s) of the team (both from a corporate perspective and from a personnel perspective) will execute the efforts identified in the PWS and include a general description of the work the offeror will self-perform as the prime.

3.5 Key Personnel – Volume I

Offerors shall provide a resume of each proposed Key Personnel to support this effort.

Descriptions and qualifications can be found in the PWS. Key Personnel include:

a. Senior Consultant Level V (Director)

b. Consultant SME Level IV (Senior Manager)

c. Mid-Level Consultant Level III – (Program Support)

d. Mid-Level Consultant Level II – (Consultants)

e. Mid-Level Consultant Level III – (Functional Specialist)

Individual resumes shall be no more than two pages in length and include the following:

• Name of person;

• Proposed position, function, or role; Proposed labor category;

• Education (including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/certification(s) received, major field(s) of study, and approximate number of total class hours);

• Experience (including, in reverse chronological order, area(s) of work in which a person is qualified, company and title of position, approximate starting and ending dates (month/year), concise descriptions of experience for each position held.

Letters of commitment are required for any proposed Key Personnel.

3.6 Past Performance – Volume I

Include three (3) but no more than five (5) examples of relevant contracts and projects that have been completed within the past five (5) years and similar in size and scope to the requirements in the PWS. These projects shall be the same as submitted under 3.3 Corporate Capabilities. Points of contact must be knowledgeable of past performance from a contractual, managerial, and technical perspective.

The Past Performance Questionnaire (PPQ) included in the solicitation as Attachment 3 is provided for the offeror to submit to the client for each project the offeror submits as Past Performance. Sections 1-4 shall be completed by the offeror (contractor requesting the reference) prior to issuing the questionnaires. The offeror shall send the questionnaires for relevant projects that are in progress or completed in the past five (5) years to the individuals who will provide the reference. For Government contracts, send to the Contracting Officer or Technical Representative. For commercial references, send to personnel with duties similar to those for Government contracts. The reference shall send the completed questionnaire to the email addresses identified. The Government will not accept questionnaires submitted directly by the offeror. Only questionnaires submitted from the offeror’s reference by the solicitation closing time will be accepted and evaluated. It is the responsibility of the offeror to follow-up and to encourage references to submit the questionnaire. The completed questionnaire shall be submitted via e-mail directly from the person providing the reference. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before the solicitation closing date, the offeror should complete and submit with the proposal Sections 1-5 PPQ, which will provide contract and client information for the respective project(s).

3.7 Price – Volume II

The offeror must propose firm fixed prices for all services identified in the PWS, Attachment 1, and as listed in pricing sheet, Attachment 2. Attachment 2 must be completed in its entirety.

Return only in .xlsx format. Scanned or copied versions are unacceptable. Not completing all portions of the spreadsheet or not submitting in the .xlsx format may result in a quote being considered “non-responsive.” The offeror must specify the labor category, hourly rate and number of hours used in the formulation of this price. The contractor can propose labor categories other than the ones described and additional categories as needed however they must be accompanied by a description. Additional labor categories must be accompanied by a description. The number of hours will be used for evaluation purposes only. Travel included in Attachment 2 is an estimated Not to Exceed (NTE) amount for the life of the contract and determined by the Government.

The Government shall not be responsible for compensating the contractor for any costs tied to solicitation requirements but not factored into the proposed prices, either by the Contractor’s intention or by mistake.

4.0 EVALUATION

The Government will award a contract to the offeror whose proposal conforms to the RFP and is considered to provide the best value to the Government with price-related and other non-price factors considered, in accordance with FAR 15.101-1, Tradeoff Process. The Government reserves the right to not award a contract.

For this solicitation, the evaluation factors are listed in descending order of importance. When combined, Factors 1-4 are significantly more important than price. The following factors shall be used to evaluate offers:

FACTOR 1: Corporate Capabilities FACTOR 2: Technical and Management Approach FACTOR 3: Key Personnel FACTOR 4: Past Performance FACTOR 5: Price

To receive consideration for award, a rating of “Acceptable” or better must be achieved for Factors 1, 2, and 3. A rating of “Unknown Confidence” or no less than “Satisfactory Confidence” must be achieved for Factor 4, Past Performance. The proposed prices in Factor 5 must be fair and reasonable. After the Government individually evaluates and rates each proposal, a determination will be made as to which proposals offer the best value to the Government. The Government intends to make an award without discussions; however, the Government reserves the right to hold discussions if necessary in accordance with FAR 15.306.

If a competitive range is established, the Government may limit the number of proposals in the competitive range for purposes of efficiency. The Government will not award a contract to an offeror whose proposal contains a deficiency, as described in FAR 15.001.

4.1 FACTOR 1: Corporate Capabilities

The offeror’s corporate capabilities will be evaluated based on the offeror’s description and details provided of corporate resources, capabilities and experience of relevant contracts (and projects) demonstrating the resources and capabilities to perform the tasks contained in the PWS.

In this context, “offeror” refers to the proposed prime contractor and any proposed key subcontractors. “Key subcontractor” refers to any subcontractor that is expected to perform major or critical aspects of the requirement. The prime contractor and proposed key subcontractors will be assessed individually, and the results will then be assessed in their totality to derive the offeror’s Corporate Capabilities rating.

4.2 FACTOR 2: Technical and Management Approach

The offeror will be evaluated on how it proposes to plan, manage, control, and provide the support and services required in the PWS.

4.3 FACTOR 3: Key Personnel

The offeror's key personnel will be evaluated based on the information submitted illustrating an appropriate skill mix, experience of key personnel as it relates to their knowledge, skills and capabilities for successful performance of the requirements.

4.4 FACTOR 4: Past Performance

The Government will evaluate the offeror's likelihood of success in performing the PWS’s requirements as indicated by that offeror's record of past performance. In this context, “offeror” refers to the proposed prime contractor and any proposed key subcontractors. The prime contractor and proposed key subcontractors will be assessed individually, and the results will then be assessed in their totality to derive the offeror’s Past Performance rating.

Past Performance references will first be reviewed to determine the relevancy of the past performance information. Past performance must have occurred within the five (5) years prior to the closing date of this RFP and be similar in size and scope to be considered relevant.

When determining the overall Performance Confidence Assessment for an offeror, the Government will take into consideration the demonstrated record of successful performance in relevant projects. If the Government does not receive past performance information for the project(s) identified by the offeror and cannot establish a past performance record for the offeror through other sources, or if the offeror has no past performance record, the offeror will be given an “Unknown Confidence (Neutral)” assessment rating.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the offeror.

4.5 FACTOR 5: Price

The price will be assessed for completeness and reasonableness for performance of the requirements established in the RFP. Pricing will not be an adjectivally rated criterion, but will be evaluated for fairness and reasonableness in accordance with FAR 15.404-1 to ensure that the final agreed to price is fair and reasonable.

The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

5.0 ATTACHMENTS

Attachment 1 – Performance Work Statement (PWS) Attachment 2 – Pricing Worksheet Attachment 3 – Past Performance Questionnaire (PPQ)

FAR and OPM Clauses

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

52.252-2 Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) 52.204-7 System for Award Management. (Oct 2016) 52.204-9 Personal Identity Verification of Contractor Personnel. (Jan 2011) 52.204-13 System for Award Management Maintenance. (Oct 2016) 52.204-16 Commercial and Government Entity Code Reporting. (Jul 2016) 52.204-17 Ownership or Control of Offeror. (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance. (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (Jun 2016) 52.212-4 Contract Terms and Conditions - Commercial Items (Jan 2017) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013) 52.233-2 Service of Protest. (Sept 2006) 52.237-3 Continuity of Services (Jan 1991) https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1152565 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1160491 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113323

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 proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It 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 offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror 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 offeror, 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 offeror 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 offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror 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)

52.212-3 Offeror Representations and Certifications—Commercial Items. (Aug 2018) 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) website 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.

“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 https://www.acquisition.gov/ https://www.acquisition.gov/far/html/52_200_206.html#wp1137850 https://www.sam.gov/portal http://uscode.house.gov/

(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.

“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 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.

“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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101(2)&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101(16)&num=0&edition=prelim http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 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 accessed 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

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

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

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

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

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

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this http://www.acquisition.gov/ https://www.acquisition.gov/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/far/html/Subpart%204_12.html#wp1073667 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 changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

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

(d) Representations required to implement provisions of Executive 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…