72038819Q00004.pdf

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Table of Contents

SECTION A- TITLE

SECTION B - SUPPLIES OR SERVICES/PRICES

SECTION-C DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERABLES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

72038819Q00004

SECTION A- TITLE

SOLICITATION FOR SHORT - TERM CONSULTANCY

SECTION B - SUPPLIES OR SERVICES/PRICES

B.1 PURPOSE

USAID Bangladesh is seeking an experienced individual with the ability to perform the tasks stated in Section C of this document as a short--term consultant. The timeline will be from on/or about September 15, 2019, through November 15, 2019.

B.2. CONTRACT TYPE

The contract type is firm --fixed-price awarded based on deliverables. A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. The contractor shall provide the service and deliverables described in Section C ‘Statement of Work’ and Section F.5 Deliverables and Minimum Requirements, in accordance with the terms and conditions set forth in this solicitation and resulting award.

B.3 BUDGET AND CEILING PRICE

The firm - fixed price of the contract is TBD.

Description Costs

Fee TBD

Air Fare TBD

Per diem (lodging) TBD

Per diem (M&IE) TBD

Miscellaneous (ATM, VISA, transportation in country)

TBD

Postage, Shipping TBD

Estimated Total TBD

B.4. PAYMENT SCHEDULE

The expected deliverables and payment timeline will be as follows-

Summary of deliverables Estimated due date

Payment

1) Provide a three- to five-page proposed consultancy plan. The consultant will submit this assessment plan to the USAID DRG Office Director or designated officer, covering potential labor-market opportunities and gaps.

Within five working days of the effective date of the award

15% of total payment upon acceptance of deliverable and proper invoice

2) Review the Workers’ Empowerment and Participation (WEP) activity and submit a three to five page review of the activity, in consultation with DRG Office, the Solidarity Center and Embassy Pol/Econ Section.

Within 10 working effective date of the award

15% of total payment upon acceptance of deliverable and proper invoice

3.1) Monitor activities and results per the Monitoring and Evaluation (M&E) Plan and WEP annual work plan. Produce comments and suggestions to maximize M&E plan effectiveness.

3.2) Discuss with the Inter-agency Activity and the U.S. Federal Mediation and Conciliation Services (FMCS) ways to improve Government of Bangladesh ability to process trade-union registration and enhance labor directorate inspection skills. Consultations should include:

FMCS in Washington, Bangladesh Ministry of Labor and Employment and Department of Labour, International Labour Organization, Solidarity Center, Bangladesh Institute for Labor Studies, IndustriALL Bangladesh Council and other relevant stakeholders.

Within 15 working days of the effective date of the award

10% of total payment upon acceptance of deliverable and proper invoice

4.1) Provide a 5 to 10 page draft proposal to expand the current labor portfolio. The draft will be evaluated and returned to the consultant with recommendation.

4.2) After consultations with the DRG Office Director and staff, the consultant will prepare a revised guide to expanding the current labor portfolio, both through enhancing on-going activities and by identifying potential new areas and activities.

4.3) Debriefing presentation with DRG team

Within 30 working days of the effective date of the award

30% of total payment upon acceptance of deliverables and proper invoice

5) Submit final proposals/assessment report to

DRG.

Within 40 working days of the effective date of the award

30% of total payment upon acceptance of deliverables and proper invoice

The consultant shall submit invoices to USAID which shall receive initial technical approval by the USAID/Bangladesh DRG Team Lead of this activity, before payment will be made.

END OF SECTION B

SECTION-C DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

INTERNATIONAL CONSULTANT PROGRAM SUPPORT SERVICES

I. Introduction

USAID has supported labor-rights activities in Bangladesh since the late 1970s. Current USAID support focuses on workers in the Ready Made Garments (RMG) and Shrimp and Fish Processing (SFP) sectors -- the two primary Bangladeshi export sectors. Despite major obstacles, substantial progress has been made as a result of USAID support for working conditions and workers’ opportunities and rights in Bangladesh. Although unions and other worker organizations made enormous strides in the years following the Tazreen Fashion and Rana Plaza disasters, many RMG workers continue to experience human rights violations. A large portion of the labor force remains unrepresented, and union officials are not always well trained in effective techniques to protect their members’ rights. This continuing resistance demonstrates the need for stronger advocacy and creativity in advancing labor rights.

II. Purpose

The purpose of the purchase order is to help USAID gain an increased understanding of the challenges and opportunities for labor-rights programming in Bangladesh. The contractor will be responsible for conducting an assessment of the current labor-rights environment through a mixed methods approach and provide recommendations on changes/modifications to the current USAID labor portfolio. S/he will also be responsible for working with the USAID labor-portfolio Agreement Officer’s Representative to review the current monitoring and evaluation plan for the existing labor activities. Lastly, s/he will develop a technical brief about the labor-rights landscape in Bangladesh.

The contractor will be required to travel to Bangladesh, provide regular progress updates as documented deliverables, as described below. The consultant will report to the USAID DRG Office Director or his designee.

III. Deliverables

Summary of deliverables Estimated due date

1) Provide a three to five page proposed consultancy plan. The consultant will submit this assessment plan to the USAID DRG Office Director or designated officer, covering potential labor-market opportunities and gaps.

Within five working effective date of the award

2) Review the Workers’ Empowerment and Participation (WEP) activity and submit a three to five page review of the activity, in consultation with DRG Office, the Solidarity Center and Embassy Pol/Econ Section.

Within 10 working effective date of the award

3.1) Monitor activities and results per the Monitoring and Evaluation (M&E) Plan and WEP annual work plan. Produce comments and suggestions to maximize M&E plan effectiveness.

3.2) Discuss with the Inter-agency Activity and the U.S. Federal Mediation and Conciliation Services (FMCS) ways to improve Government of Bangladesh ability to process trade-union registration and enhance labor directorate inspection skills. Consultations should include: FMCS in Washington, Within 15 working days of the effective date of the award

Bangladesh Ministry of Labor and Employment and Department of Labour, International Labour Organization, Solidarity Center, Bangladesh Institute for Labor Studies, IndustriALL Bangladesh Council and other relevant stakeholders.

4.1) Provide a five to 10 page draft proposal to expand the current labor portfolio. The draft will be evaluated and returned to the consultant with recommendation.

4.2) After consultations with the DRG Office Director and staff, the consultant will prepare a revised guide to expanding the current labor portfolio, both through enhancing on-going activities and by identifying potential new areas and activities.

4.3) Debriefing presentation with DRG team

Within 30 working days of the effective date of the award

5) Submit final proposals/assessment report to DRG. Within 40 working days of the effective date of the award

SECTION D - PACKAGING AND MARKING

This section is not applicable to the Purchase Order.

END OF SECTION D

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING PURCHASE ORDER CLAUSES INCORPORATED BY

REFERENCE

This purchase order 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 these addresses:

http://farsite.hill.af.mil/vffara.htm and http://transition.usaid.gov/policy/ads/300/aidar.pdf

FAR 52.202-2, Clauses Incorporated by Reference, the Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

NUMBER TITLE DATE

52.246-4 Inspection of Services – Fixed-Price AUG 1996

E.2 INSPECTION AND ACCEPTANCE

USAID/Bangladesh inspection and acceptance of services takes place at:

USAID/Bangladesh U.S. Embassy Madani Avenue, Baridhara Dhaka-1207; Bangladesh

END OF SECTION - E

SECTION F - DELIVERABLES OR PERFORMANCE

F.1 NOTICE LISTING ORDER CLAUSES INCORPORATED BY

The following order clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this order. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.242-15 STOP-WORK ORDER AUG 1989

F.2 PERIOD OF PERFORMANCE

The period of performance for this service is a period of two months, and is expected to start immediately upon contract award to the successful contractor, with the possibility to extend the performance period for additional work. Completion of the described deliverables is expected to take no longer than 60 calendar days, starting on or about mid-September and ending on or about mid-November 2019. Depending upon the needs of USAID, the concurrence of the USAID/Bangladesh DRG Team Lead, the availability of the consultant, and the approval of the Contracting Office, a determination to extend the contract up to three additional weeks may be agreed upon.

F.3 PLACE OF PERFORMANCE

The consultant is expected to spend a minimum of 60 percent of the consultation period in Dhaka, Bangladesh, and will account for days worked with USAID Bangladesh. The final arrangement shall be agreed upon with USAID/Bangladesh.

F. 4. WORK SCHEDULE

The contractor will initiate work within five business days of signature of the Purchase Order, unless otherwise agreed to in writing by USAID. The regular work week at the USAID Mission in Dhaka is Sunday – Thursday; 8:00 am to 4:30 pm, which may require the contractor to be available for calls during USAID/Bangladesh regular working hours. The contractor will be responsible for arranging his/her own work premises and transportation and expected to have planned regular consultation meetings and presentation with USAID staff in the Embassy compound.

F.5 DELIVERABLES AND MINIMUM REQUIREMENTS

See Section C for detailed Deliverables.

Required Skill Set

The contractor will work from his or her own base and must have:

Advanced degree in anthropology, economics, political science or development-related field.

A minimum of five years of experience working in Bangladesh, with demonstrated understanding of Bangladesh society and political situation.

Extensive experience with the Bangladeshi labor sector.

Previous experience working with the U.S. government and familiarity with USG processes and procedures.

Ability to convey complex material clearly, concisely and effectively in layman’s terms.

Writing must be grammatical, properly punctuated, syntactically sound and logically organized, consistent with Modern Language Association style, with all findings fully substantiated.

END OF SECTION F

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

The Administrative Contracting Office is:

USAID/Bangladesh Office of Acquisition and Assistance Office U.S. Embassy Madani Avenue, Baridhara, Dhaka-1212, Bangladesh

G.2 CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this purchase order and notwithstanding any provisions contained elsewhere in this purchase order, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the purchase order terms and conditions, including ceiling price.

G.3 ACCEPTANCE, APPROVAL AND PAYMENT

This is a firm --fixed-price contract awarded based on successful completion of the required deliverables as stated in the SOW. A firm-fixed price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.

Payments shall be made upon successful completion, submission and acceptance of the required services and/or deliverables.

The Contractor shall submit a request letter along with the “Public Voucher SF- 1034” to USAID Dhaka Payment Section, USAID/Bangladesh, for payment indicating the service contract number and description of services. All invoices should be submitted electronically to:

paymentsdhaka@usaid.gov.

G.4 INVOICES

Submission of invoices shall be done electronically. Soft or electronic copies of the invoice shall be sent to: paymentsdhaka@usaid.gov with a copy to the Contracting Officer Representative’s email address.

(i) Send via email, one invoice, all other required supporting documents, and SF- 1034 Public Voucher for Purchases and Services Other Than Personal.

(ii) The SF-1034 must be signed,

(iii) The invoice should provide the bank account details which should include the bank account number, the bank name and address, the SWIFT Code and the EFT number.

G.5 PAYMENT TERMS

mailto:paymentsdhaka@usaid.gov

Payment shall be made to the vendor upon receipt and acceptance of deliverables by USAID/Bangladesh, and receipt of a valid invoice. Payment will be made per the actual invoice (with supporting documentation) and through the Prompt Payment Act (within 30 days after receiving a proper invoice by EFT or Check).

END OF SECTION G

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING PURCHASE ORDER CLAUSES INCORPORATED BY

This purchase order 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 these addresses:

http://farsite.hill.af.mil/vffara.htm and http://transition.usaid.gov/policy/ads/300/aidar.pdf.

AIDAR 752.2, Clauses Incorporated by Reference (Feb 1998). The Contractor shall comply with the following USAID Acquisition Regulation (AIDAR) clauses that are incorporated by reference:

NUMBER

752.202-1

TITLE

USAID DEFINITIONS CLAUSE – SUPPLEMENT FOR USAID

DATE

DEC 1986

752.209-71

CONTRACTS INVOLVING PERFORMANCE OVERSEAS

ORGANIZATGION CONFLICT OF INTEREST DISCOVERED

AFTER AWARD

JUN 1993

752.211-70

LANGUAGE AND MEASUREMENT JUN 1992

752.225-70

SOURCE ORIGIN AND NATIONALITY REQUIREMENTS FEB 1997

752.225-71

LOCAL PROCUREMENT FEB 1997

752.7002

TRAVEL AND TRANSPORTATION JAN 1990

752.227-14

RIGHTS IN DATA – GENERAL OCT 2007

752.228-7 INSURANCE - LIABILITY TO THIRD PERSONS JUL 1997

752.228-70

MEDICAL EVACUATION (MEDVAC) SERVICES JUL 2007

752.229-70 FEDERAL, STATE AND LOCAL TAXES.

752.7008

USE OF GOVERNMENT FACILITIES OR PERSONNEL APR 1984

752.7010

CONVERSION OF U.S DOLLARS TO LOCAL CURRENCY APR 1984

752.7013

CONTRACTOR-MISSION RELATIONSHIP OCT 1989

752.7025

APPROVALS APR 1984

752.7027

PERSONNEL DEC 1990

752.7009

MARKING JAN 1993

752.7032

INTERNATIONAL TRAVEL APPROVAL AND JAN 1990

http://farsite.hill.af.mil/vffara.htm

752.7033

NOTIFICATION REQUIREMENTS

PHYSICAL FITNESS

JULY 1997

A. EXECUTIVE ORDER ON TERRORISM FINANCING

The Contractor/Recipient is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the contractor/recipient to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts/sub-awards issued under this contract/agreement.

END OF SECTION – H

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING PURCHASE ORDER CLAUSES

INCORPORATED BY REFERENCE

This purchase order 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 these addresses:

http://farsite.hill.af.mil/vffara.htm and http://transition.usaid.gov/policy/ads/300/aidar.pdf

(b) FAR 52.202-2 , Clauses Incorporated by Reference. The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

Number TITLE DATE

52. 202-1 DEFINITIONS NOV 2013

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.212-2 EVALUATION Oct 2014

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUES AND EXECUTIVE ORDERS

May 2019

52.216-24 LIMITATION OF GOVERNMENT LIABILITY APR 1984

52.216-25 CONTRACT DEFINITIZATION OCT 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS JAN 2019

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

AUG 2011

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008

52.225-25 PROHIBITION TO CONTRACTING WITH ENTITIES

ENGAGING IN SANCTIONED ACTIVITIES RELATING TO

IRAN – REPRESENTATION AND CERTIFICATION

AUG 2018

52.232-25 PROMPT PAYMENT JAN 2017

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL

CONTRACTOR REGISTRATION

OCT 2018

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. JUN 2013

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM.

(OCT 2004)

OCT 2004

http://farsite.hill.af.mil/vffara.htm http://transition.usaid.gov/policy/ads/300/aidar.pdf http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm%23P1476_206928

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS JAN 2019

52.247.63 PREFERENCE FOR US-FLAG AIR CARRIERS JUN 2003

END OF SECTION I

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Attachment Number

Description

1 USAID NON-EMPLOYEE VENDOR REQUEST / UPDATE FORM

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS

K.1 52.212-3 Offeror Representations and Certifications-Commercial Items (Oct 2018)

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (OCT 2018)

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 (u)) of this provision.

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

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

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

a. (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

b. (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—

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

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

e. (3) PSG 88, Live Animals;

f. (4) PSG 89, Subsistence;

https://www.sam.gov/ http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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

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

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

j. (8) PSC 9610, Ores;

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

l. (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—

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

n. (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;

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

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

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

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

“Sensitive technology”—

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

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

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

t. (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”—

u. (1) Means a small business concern—

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

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

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

“Small disadvantaged business concern”, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

i. (i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

ii. (ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

x. (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—

y. (1) Directly by a parent corporation; or

z. (2) Through another subsidiary of a parent corporation

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

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

aa. (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

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

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

cc. (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

2. (b)

a. (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

b. (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 (u) 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.]

3. (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.

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

b. (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.

c. (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.

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

e. (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.

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f. (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. (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. (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.

g. (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. (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. (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.

h. (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.

i. (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:____________________________________

j. (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. (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. (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.

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

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

i. (i) It □ has, □ has not participated in a previous contract or subcontract subject to the

Equal Opportunity clause of this solicitation; and

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

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

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

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

5. (e) Certification Regarding Payments to Influence Federal Transactions

(31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

b. (2) Foreign End Products:

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Line Item No. Country of Origin

c. [List as necessary]

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

7. (g)

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

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

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

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

Line Item No. Country of Origin

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

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

b. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If

Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

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Line Item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446

d. (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III.

If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

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

Line Item No. Country of Origin

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

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

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

Other End Products:

Line Item No. Country of Origin https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446 https://www.acquisition.gov/content/52225-5-trade-agreements#i1053648

Line Item No. Country of Origin

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

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

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

b. (2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

c. (3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

d. (4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

i. (i) Taxes are considered delinquent if both of the following criteria apply:

1. (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

2. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

ii. (ii)Examples.

1. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

2. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

3. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

4. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

9. (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

a. (1) Listed end products.

Listed End Product Listed Countries of Origin

b. (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

i. (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

ii. (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

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10. (j) Place of…