6.01 Solicitation Released.docx

N0018920Q0187

Section SF 30 - BLOCK 14 CONTINUATION PAGE

PERFORMANCE WORK STATEMENT

JAG-Link II – “The Slating”

In the course of initial concept and design, it was always understood that JAG-Link offered potential beyond its initial use as a personnel directory and expertise locator. One of the more significant and obvious envisioned applications was to support the annual slating and detailing cycle managed by code 4416. A recent site visit to Millington, TN to review and map the current slating process and products used in that process confirmed this. Outlined here is a vision and high-level functional requirements to expand JAG-Link, enhance and integrate the Billet-Wiki and improve data and information management across this business area.

Work Location :

Navy, OJAG 1322 Patterson Ave, SE Building 33, Second floor Washington Navy Yard, DC 20374

Performance via telework is available at the discretion of OJAG

Estimated Level of Effort: 675 Hours.

Current Detailing Process The current detailing cycle is managed by a 4-person team in Millington, TN and predominantly runs for approximately nine months of each year. It affects 300-400 active duty JAG officers annually. It is extremely labor intensive relying on a combination of hundreds of emailed PDF forms, dozens of manually created spreadsheets, PowerPoint products and large paper binders used in the course of several slating meetings for flag decision-making.

Officer detailing is generally managed in two categories, each with a slightly different process and handling on the back-end. Officers in the grades of O-1 through O-3 are detailed on a rolling quarterly basis. These decisions are generally less complex and are predominantly executed at the detailer level. Detailing for officers in the grades of O-4 through O-6 are managed annually in one large batch with rotations executed during the summer quarter each year. As these assignments are more critical and complex, slating decisions are made by the JAG and DJAG in consultation with a board of all AJAGs and Chiefs of Staff.

1. Roller’s List – By March of each year, the detailers pull a list of billets expected to rotate during the next fiscal year – approximately 18 months out. This list is published to the community along with a call for requests for “early roll” to be added to the list. Early roll requests are received, adjudicated and the updated rollers’ list is published.

2. Preference Sheets – All JAG officers rotating during that cycle are required to submit a preference sheet. This PDF form is emailed to their detailer at 4416 and manually compiled, along with the rollers’ list into a draft slate.

3. Draft Slate - The draft slate is a large spreadsheet that matches each billet with every officer that has listed that billet on their preference sheet along with their ranking and any other pertinent notes. It is manually constructed in Excel combining data from the rollers’ list and hundreds of emailed preference sheets.

4. Note: This first phase of the detailing cycle is repeated several times as unique requests are adjudicated, billets are added or removed, and revised preference sheets are incorporated into the draft slate. It is an extremely labor-intensive process that can take up to six months ahead of the slating meetings.

5. Slating Meetings – By August of each year, the detailing team travels to Washington DC to conduct two days of slating meetings with senior leadership. Binders containing the final preference sheet for each officer along with the draft slate are distributed and used to go through each individual billet and determine which officer to assign to which billet. Not all decisions can be made during a single session and these meetings are repeated 3-4 times between July and December of each year.

JAG-Link JAG-Link is a custom-built application built in SharePoint 2013 in the OJAG site collection of the SECNAV Portal. It uses a combination of custom SharePoint lists, content types, lookup lists, user forms and custom client-side code to manage the integration of data across all lists. A more detailed technical overview is available here.

Billet-Wiki The billet-wiki is a simple custom SharePoint list created by the KM team as one of many proof-of-concept “MVP” solutions. The intent was to test the concept of a crowd-sourced database of JAG billets with various information and insight added by incumbent officers. It would serve as a look-up information resource and POC for officers considering or pending assignment to a new billet. As an “MVP” product, very little was invested into development and UI/UX refinement. Today, the list contains a significant amount of data for more than 500 billets and is widely considered an excellent resource but one that is difficult and cumbersome to utilize.

JAG-Link II Requirements (Core new products in Bold) The intent of JAG-Link II is to extend JAG-Link’s current capabilities with a combination of additional lists, forms, views and new or modified code to support the slating cycle. An additional required component of this will include rebuilding and integrating the billet-wiki with JAG-Link. This will significantly reduce staff burden, improve user experience and better inform critical decision-making affecting all JAG officers.

Functional Requirements

1. Preference Sheets – modify and convert the current pdf-based preference sheet to a new user form in JAG-Link.

a. Existing JAG-Link Data – Pre-populate the preference sheet with data already captured in the user’s profile, including:

i. Basic Info & Bio

ii. Photo

iii. Assignment History

iv. Qualifications

v. Expertise

b. Unique / Preference Data – User entry of information required in the preference sheet and used during the slating process, including:

i. Screening Criteria

ii. Category Preference

iii. Billet preference and ranking (linked to billet wiki)

iv. Career Goals (narrative)

v. Notes / Comments

c. Data – New SharePoint list(s) to capture and manage user-submitted preference data. This must be exportable for detailer use in sorting / analyzing compiled data in the slating process.

2. “Officer Slating Brief” (OSB) – A custom-formatted, printable output of relevant data from various back-end lists for each officer. These will replace the current printed preference sheets / binders used by leadership during the slating meetings / decision-making.

3. Billet-Wiki II – modify or recreate the billet-wiki as a JAG-Link integrated master-list of all JAG officer billets.

a. Data – most data currently captured in the billet-wiki will remain with a few minor modifications to format based on 4416 feedback. A number of new data fields will be incorporated to support slating management and preference sheet completion, including:

i. JAG Billet ID – While each billet currently has one or more identifier codes such as a UIC or BSC, none are JAG-controlled or 100% reliable. To ensure continuity and functionality, each billet will be permanently assigned a new “JBI” as a reference number throughout the slating process. This will function as the primary lookup field for searching or adding billets to any JAG-Link profile or product.

ii. Billet Title – Various databases have different titles for each billet – many of which do not logically match reality. Current user-defined titles in JAG-Link profiles are inconsistent. Each billet will have a designated and controlled title that logically indicates the duties of the position and is consistent across all products.

iii. Billet Status – As only about one-third of the approximately 995 JAG officer billets are managed through the slating process each year, detailers need a mechanism to designate each billet as “open” or “closed” at any given time. This will also enable instant production of the current “rollers list” updated and published multiple times throughout the slating cycle.

iv. Billet Notes – a detailer-controlled field to reflect any unique assignment considerations relevant to preference consideration and applicable to a small population of all billets.

v. Anticipated PRD – Expected date of rotation.

b. Improved UI / UX – Front-end view, filter and sort that cleanly shows only top-level information for each billet. Pre-configured filtered views such as “Current Open Billets” or “All Litigation Billets”.

c. Billet Profile – Similar to the current JAG-Link user profile or TBD officer slating brief, clicking on any billet opens a more detailed custom-formatted view of relevant data captured in the billet wiki.

d. Slate Output – An exportable output of select data for each currently open billet and officers that have listed that billet on the submitted preference sheet. This is one of the most significant time savers for the 4416 team.

Way-Ahead

1. SOW

2. Continue to draft planning and design work product, including:

a. Detailed functional requirements document

b. Data Maps for each new technical component.

c. Billet Inventory – defined billet title and designated JBI for each.

d. Design UI/UX mock-ups for:

i. Preference Sheet Form

ii. Officer Slating Brief

iii. Billet-Wiki UI

iv. Billet Profile

e. Identify and define pre-configured billet filters (list views) Identify phase I core functionality for completion ISO initial activities of the next slating cycle.

Section SF 1449 - CONTINUATION SHEET

52.212-1 ADDENDUM

The Government intends to award a Firm Fixed Price (FFP) award as a result of this solicitation in accordance with FAR Part 13. Award will be made to that offeror whose quote is most advantageous to the Government under the selection criteria set forth in this solicitation. The Government intends to evaluate quotes and award based on initial quotes. Therefore, the offeror's initial quote should contain the quoter’s best terms from a technical, past performance and price standpoint.

QUESTIONS:

Offerors may submit questions regarding clarification of solicitation requirements to paul.cofield@navymil. It is requested that all questions be received by 1400 ET 01 April 2020.

INSTRUCTIONS FOR SUBMISSIONS OF QUOTERS:

(1) Quotes shall be submitted electronically ot paul.cofield@navy.mil no later than the due date of the solicitation.

Factor I: Facilities Clearance

The offeror shall provide proof/verification that it possesses a current Secret Facility clearance at time of quote submission as identified in the PWS and attached DD-254. The proof/verification shall be in the form of Defense Security Service verification obtained within 30 days prior to close of solicitation and shall include the following: Cage Code, Facility Name, Physical Location, Facility Clearance Status/Level, Status Date/Issue Date, Safeguarding Level, Authorized Access To, FCL Limitation, Facility Security Officer, Facility Security Officer Phone Number, DSS Field Office, and DSS Field Office Phone Number.

Factor II: Past Performance

The quoter shall demonstrate relevant past performance or affirmatively state that it possesses no relevant past performance. Relevant past performance is performance under contracts or efforts within the past five years prior to the solicitation closing date. To demonstrate its past performance, the quoter shall identify up to two (2) of its most relevant contracts which meet the recency requirement above. Offerors shall provide a short explanation demonstrating the relevance of the contracts to the requirements of the solicitation.

Factor III: Price

Completed SF 1449 schedule of pricing

Signed SF 1449 and all amendments

Certification of Reps and Certs if different than SAM registration.

52.212-2 ADDENDUM

The Government intends to award a contract to the responsible quoter whose quotes represents the best value after the evaluation in accordance with the factors in the solicitation.

Quotes will be ranked from lowest to highest price.

If the lowest priced offer is evaluated to have a Technical Rating of ‘Acceptable’ and Past Performance Confidence Assessment rating of ‘Substantial Confidence’, that quote represents the best value for the Government and the evaluation process stops at this point. Award shall be made to that quoter without further consideration of any other quoters. However, if the lowest priced offer is not evaluated to have a Technical Rating of ‘Acceptable’ and ‘Substantial Confidence’ Past Performance Confidence Assessment rating, the next-lowest priced quoter will be evaluated. The evaluation process will continue (in order of price from lowest to highest) until a quoter is evaluated to have a Technical Rating of ‘Aceptable’ and ‘Substantial Confidence’ Past Performance Confidence Assessment rating. The Government shall then make an integrated best-value award decision between the quoter rated with a Technical Rating of ‘Acceptable’ and ‘Substantial Confidence’ Past Performance Confidence Assessment rating and all lower priced awardable offers. If no quoters are rated with a Technical Rating of ‘Acceptable’ and 'Substantial Confidence’ Past Performance Confidence Assessment, the Source Selection Authority shall make an integrated assessment best-value award decision from among the awardable quoters.

Factor I: Facilities Clearance

Factor I will be evaluated on an Acceptable/Unacceptable basis on its submission of the proof/verification of its Secret Facilities Clearance. This will be evaluated on an Acceptable/Unacceptable basis utilizing the Technical Acceptable/Unacceptable ratings in Table 1 below.

Table 1 –Technical Acceptable/Unacceptable Ratings Table

Factor II: Past Performance

The past performance evaluation factor assesses the degree of confidence the Government has in an offeror’s ability to meet the contract’s requirements based on the quality of a demonstrated record of recent and relevant performance. There are three aspects to the past performance evaluation: recency, relevancy, and quality. These are combined to establish a single performance confidence assessment rating for each offeror.

Past Performance Recency: Recency is the first aspect of the past performance evaluation and is the time period during which past performance references are considered relevant. Recency is critical to establishing the relevancy of past performance information. For purposes of this solicitation, recent past performance is within the past five years prior to the solicitation closing date. Performance outside of this stated period will not be considered for evaluation purposes.

Past Performance Relevancy: Regarding relevancy, each past performance reference under the offeror’s Past Performance submission will be evaluated to determine its individual scope and magnitude relative to the instant requirement. The following definitions apply to this evaluation:

· Scope: Experience in the areas defined in the PWS.

· Magnitude: The measure of the similarity of the dollar value of actually performed work that exists between the instant requirement’s PWS and the offeror’s referenced contracts during the stated period established by the solicitation.

The relevancy rating assigned from the below Past Performance Relevancy Descriptions will be considered in determining the weight to be given to that reference in the overall Past Performance Confidence Assessment. In determining the rating for the past performance factor, past performance of greater relevancy will have more influence on the past performance confidence assessment than past performance of lesser relevance.

Past Performance Relevancy Descriptions Table

Past Performance Quality: The third aspect of the past performance evaluation is to establish the overall quality of the offeror’s past performance. The Government will review all past performance information collected and determine the quality of the offeror’s performance, including general trends and usefulness of the information, and will incorporate this into the performance confidence assessment. The quality of performance under a past performance reference that that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence.

In order to determine the quality of performance, the Government may utilize existing data sources, including the Past Performance Information Retrieval System (PPIRS), the Contractor Performance Assessment Reporting System (CPARS), the Federal Awardee Performance and Integrity Information System (FAPIIS), the Electronic Subcontract Reporting System (eSRS), or other databases; communication with points of contact in the offeror’s customer’s organization, which could include private sector requirements and contracts personnel, Administrative Contracting Officers, Defense Contract Management Agency (DCMA) personnel, Procuring Contracting Officers, Contracting Officer’s Representatives, and other Government activity requirements personnel. The Government may verify past performance information. The Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires, telephone interviews, and existing data sources. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government. This information will be used for the evaluation of past performance.

Past Performance Confidence Assessment: The overall assigned rating for past performance will be the Past Performance Confidence Assessment rating, defined in the table below. The assignment of this rating will be based on the overall quality of the recent and relevant past performance and will also consider the source of the information, the context of the data, and general trends in the offeror’s performance.

In the case of offerors for which there is no information on past contract performance or where past contract performance information is not available, the offeror may not be evaluated favorably or unfavorably on the past performance factor. In this case, the offeror’s past performance is unknown and assigned a performance confidence rating of “Neutral Confidence.” Although an offeror that lacks recent, relevant past performance may not be rated favorably or unfavorably with regard to past performance, the Government may determine that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating provides better value to the Government than a “Neutral Confidence” past performance rating.

The past performance factor evaluation and past performance confidence assessment rating is separate and distinct from the contracting officer’s responsibility determination. The assessment of the offeror’s past performance will be used as a means of evaluating the relative capability of the offeror and other competitors to successfully meet the requirements of the solicitation.

Past Performance Confidence Assessment Ratings Table

Factor III: Price Price is evaluted in accordance with FAR Part 13.

Evaluated based on price in the schedule.

Although price is the not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based. The importance of price will also increase when a quote's price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the offer. If, at any stage of the evaluation, all quoters are determined to have submitted equal, or virtually equal, non-price quotes, price could become the factor in determining which offerors shall receive the award.

SHAREPOINT DEVELOPER SUPPORT

FFP

FOR JAG LINK II TO EXPAND IAW PWS.

FOB: Destination

MILSTRIP: N4469020RC00009

PURCHASE REQUEST NUMBER: N4469020RC00009

SIGNAL CODE: J

PSC CD: D303

NET AMT

Development Support IAW PWS

FFP

FAR 52.217-8 UP TO 3 Month Extension FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-JUL-2020

MARK PATRICK

1322 PATTERSON AVE SE, SUITE 3000, BUILDING 3

WASHINGTON DC 20374

202-685-7724

N44690

31-OCT-2020

N44690

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(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).) 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) Reserved.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019) ALTERNATE I (OCT 2014)

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

(a) Definitions. As used in this provision-- “Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

“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.

“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.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 in SAM.

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

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

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

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

(c) Offerors must complete the following representations when the resulting contract is to 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.

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

(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.

(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…