Fedbiz Opps Posting for ADF-11-Q-RPD2-0008 Program Support Specialist in Harare Zimbabwe.pdf

AFRICAN DEVELOPMENT FOUNDATION (ADF) RFQ-ADF-11-Q-RPD2-0008

Program Support Specialist in Zimbabwe

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Applications from qualified Zimbabwean citizens to serve as a Program Support Specialist (PSS) in support of the African Development Foundation (ADF) in Harare, Zimbabwe.

SOLICITATION NO.: ADF-11-Q-RPD2-0008

NAICS CODE:

561110 -- Office Administrative Services

DESCRIPTION OF SERVICES:

The African Development Foundation (ADF) is an agency of the United States Government. ADF supports private businesses, farmers’ cooperatives, associations, and various community-based organizations engaged in economic development activities. The foundation began its programming to improve food security and increase livelihoods among marginalized groups in Zimbabwe in January

2010. ADF will be setting up a small office in Harare to act as the ADF field office and support grantees and partners within Zimbabwe. ADF is therefore seeking applications from qualified Zimbabwean citizens to serve as a Program Support Specialist (PSS).

CLOSING DATE/TIME –Applications are due May 2, 2011, 8 am. Eastern Standard Time

(EST).

POINT OF CONTACT: Please submit questions to: Ms. Joy Hughes (Non-Fed), jhughes@usadf.gov , 202-233-8862.

ATTACHMENTS: The following information and attachments are provided:

1. Instruction to Offerors- Attachment 1

2. Statement of Work For Program Support Specialist (PSS).Attachment 2

3. Evaluation of Offerors/Written Assessments- Attachment 3

4. FAR Clauses and Provisions- Attachment 4 mailto:jhughes@usadf.gov

ATTACHMENT 1

INSTRUCTIONS TO OFFERORS

Applications must be submitted via email to Joy Hughes as jhughes@usadf.gov. Applications are due May 2, 2011, 8 am. Eastern Standard Time (EST).

Applications must be received by the closing date and time at the address specified in the above. To ensure consideration of applications for the intended position, please reference the solicitation number

(ADF -11-Q-RPD2-0008) on your application, and as the subject line in any cover letter.

Signed Resume (Curriculum Vitae) in English – (including current contact information, education, experience)

Written examples outlining experience (Please see Attachment 3- Written Assessment under

Evaluation Factors)

(3) Three References –(Contact information including full address, phone number and email)

Provide Zimbabwean citizenship

Be able to pass an Embassy Security Clearance.

It is the Applicants responsibility to ensure all necessary documentation is provided.

The Respondent assumes full responsibility for ensuring electronic submissions are formatted in accordance with USADF Security Requirements. THE FOLLOWING FILE EXTENSIONS ARE

NOT ALLOWABLE AND APPLICATION MATERIAL/DATA SUBMITTED WITH THESE

EXTENSIONS CANNOT BE CONSIDERED: BAT; CMD; EXE; PIF; RAR; SCR; VBS; HTA;

CPL; AND ZIP FILES.

Microsoft Office compatible documents and Adobe PDF are acceptable. If the Respondent determines other formats are necessary, it is the respondent’s responsibility to verify with USADF that the format is acceptable. Submitted materials with unacceptable or unreadable formats may be found non-responsive.

OTHER INFORMATION

ALL QUALIFIED APPLICANTS WILL BE CONSIDERED REGARDLESS OF AGE, RACE,

COLOR, SEX, CREED, NATIONAL ORIGIN, LAWFUL POTICIAL AFFLIATION, NON-

DISQUALIFYING HANDICAP, MARITAL STATUS, SEXUAL ORIENTATION,

AFFLIATION WITH AN EMPLOYEE ORGANIZATION, OR OTHER NON-MERIT

FACTORS.

mailto:jhughes@usadf.gov

ATTACHMENT 2

STATEMENT OF WORK

Program Support Specialist (PSS)

INTRODUCTION

The United States African Development Foundation (ADF) is an independent Federal agency established to support African-designed and African-driven solutions that address grassroots economic and social problems. ADF provides grants of up to $250,000 directly to under-served and marginalized community groups and enterprises. The grants help organizations create tangible benefits such as increasing or sustaining the number of jobs in a community, improving income levels, and addressing social development needs. ADF is a public corporation with a seven member Board of Directors who are nominated by the President and confirmed by the

United States Senate.

The following seven key principles serve as guidelines for all ADF management planning, budgeting, and evaluation activities. These priorities help ensure ADF stays true to ITS

MISSION.

(1) Model HIGH EFFECTIVENESS AND LOW OVERHEAD operations.

(2) Focus program activities on MARGINALIZED COMMUNITIES in Africa.

(3) Invest in African ideas through PARTICIPATORY DEVELOPMENT.

(4) Ensure projects produce long term SOCIAL AND ECONOMIC RESULTS.

(5) Promote AFRICAN LED AND MANAGED field project support.

(6) Achieve the highest levels of OPENNESS AND TRANSPARENCY.

(7) Support and develop an equal opportunity, RESULTS DRIVEN STAFF that rewards hard work, dedication to the mission, and personal success.

The contractor serves as one of a small staff component with primary responsibility of supporting the

ADF Regional Program Director in the areas of project identification and screening; project design and development; supporting grantees in project implantation and monitoring; providing other varied technical and administrative support to the grantees; program and administrative management; and financial management of the office itself. Throughout all activities, the PSS is expected to be familiar with and adhere to established ADF policies, promote ADF goals and objectives, and maintain the positive image and reputation of ADF.

DUTIES AND RESPONSIBILITIES

The incumbent serves as Program Support Specialist reporting to the Regional Program Director in the management of the field office and Zimbabwe program. Specifically, the contractor will carry out the duties of the field office in areas of:

http://www.adf.gov/goals.html http://www.adf.gov/goals.html http://www.adf.gov/goals.html#Goals http://www.adf.gov/goals.html#Goals http://www.adf.gov/goals.html#Goals http://www.adf.gov/goals.html#Goals http://www.adf.gov/goals.html#Goals http://www.adf.gov/goals.html#Goals

1. Project identification and screening:

a. Disseminate ADF program and grant application procedures to potential applicants;

b. Assist potential applicants to understand ADF eligibility criteria and information requirements of the application form;

c. Review applications and requesting additional information from applicants,

d. Maintain tracking logs for applications;

e. Conduct initial site visits as requested by the RPD and prepare written reports of the same;

f. Carry out in-depth assessments of the financial management systems of prospective grantees and report the results to the RPD; and

g. Issue appropriate response to ADF applicants following consultation with RPD.

2. Project design and development:

a. Apply participatory development methodologies while working with designated grant applicants to assist them in developing their unsolicited proposals into sustainable development projects;

b. Assist designated applicants in developing a long term vision and strategy for sustaining and advancing their projects; conduct the necessary analyses and feasibility studies to assess the viability of their projects; design technical components, budgets, management plans, implementation plans, and other project elements; form Participatory Monitoring and Evaluation (PM&E) committees and develop PM&E plans in accordance with guidelines provided by ADF; gather project baseline data; and develop skills inventory, training needs assessments, and training plans. The contractor may provide the required expertise directly or through the use of outside technical assistance providers (TAPs) and as may be guided by the RPD.

c. Assist applicants to design project activities and finalize project documents for submission to compliance review. The RPD may engage TAPs to assist in proposal preparation.

3. Technical support to grantees:

a. Train PM&E committees in evaluation of project progress;

b. Establish and maintain project information systems;

c. Train grantees on ADF financial management and reporting requirements;

d. Assist grantees with the implementation of their training plans;

e. Analyze grantee financial records and other activities associated with closing out completed grants;

f. Assist grantees with submission of quarterly reports;

g. Review quarterly reports and provide both feedback to grantees and analysis to RPD;

h. Collaborate with grantees to develop a monitoring plan;

i. Visit projects regularly to help grantees assess and document progress, identify problems or issues hindering achievement of project objectives, and consult with grantees to resolve these problems. The contractor will also assist grantees in resolving administrative and logistical problems with banks, vendors and local government authorities.

j. Assist grantees in the procurement of appropriate equipment and the preparation of disbursement requests;

k. Review for compliance and programmatic necessity: grantees disbursement requests, amendments, and budget shifts requests;

l. Visit project sites to monitor the use of grant funds and review grantee financial management practices.

m. Assist grantees in building and maintaining sound financial management practices;

n. Identify serious problems with the management or oversight of individual grants and make recommendations to the RPD concerning appropriate interventions.

4. Ensure the smooth operation of the Zimbabwe field office and coordinate travel and other logistics for ADF personnel traveling to Zimbabwe.

5. Ensure submission of accurate and timely reports to ADF.

6. Ensure that all ADF field office disbursements and transactions are recorded promptly and all funds are tracked accurately. Provide monthly financial reports and bank account and petty cash reconciliation documentation to the RPD.

SUPERVISORY RELATIONSHIPS

The Program Support Specialist shall report to the Regional Program Director responsible for the designated country.

PHYSICAL DEMANDS

The work is generally sedentary and does not pose undue physical demands. During site visits, there may be some additional physical exertion including long periods of standing, walking over rough terrain, or the carrying of moderately heavy items (less than 50 pounds).

WORK ENVIRONMENT

While in the country of assignment, the work is generally performed in an office environment.

However, the position also requires travel throughout the countries of assignment, which may additionally involves numerous short trips throughout Zimbabwe and in which special safety and/or security precautions, wearing of protective equipment, and exposure to severe weather conditions may be required.

CONTRACT TYPE

This effort will be of a firm fixed price nature and contractor will be paid monthly.

PLACE OF PERFORMANCE

The Program Support Specialist will work in Harare, Zimbabwe.

PERIOD OF PERFORMANCE

The period of performance will be for One (1) Base Period, with Four (4) One year Option

Periods.

CLEARANCE

Applicant must be able to pass an Embassy Clearance.

TYPE OF CONTRACT

Firm- fixed price

FUNDING

This is to formally advise you that the United States African Development Foundation is facing budget cuts and decisions may have to be made in the future relating to reductions in personnel.

ATTACHMENT 3

EVALUATION FACTORS:

Evaluation Factors are used to determine the competitive ranking of qualified applicants in comparison to other applicants. Short-listed applicants who have provided all the required documents will be scheduled for an interview.

Award shall be made based on the best overall value to the Government. All evaluation factors other than cost or price, when combined, are significantly more important than price.

EXPERIENCE

Minimum Requirements

1. A bachelor’s degree from an accredited university.

2. A minimum of five years of experience in business, business development, or community development in Zimbabwe or another SADC country

3. Demonstrated proficiency in Microsoft Word and Excel

4. High professional fluency in written and spoken English

5. Proficiency in at least one major local language (Ndebele or Shona)

Extensive travel throughout Zimbabwe will be required. Applicants must be able to pass a US Embassy background check.

Evaluation factors:

Technical knowledge and professional experience - Factor 1 (20 points)

Demonstrated ability to operate independently and with minimal supervision and fulfill all terms of the contract with locally available resources (office space, vehicle, support staff, etc.)

Professional experience in ―grass roots‖ international development, community development, and/or business development. Experience in training, capacity building, and/or adult education

Knowledge of grant management or commercial/micro lending. Experience implementing or monitoring participatory development projects among marginalized groups

Knowledge of community needs assessment, mobilization, community enterprises participatory development, and/or monitoring the implementation of an assistance activity under a grant or cooperative agreement

Demonstrated ability to organize work and competing priorities effectively and meet deadlines

Strong interpersonal skills and ability to work collaboratively to provide capacity building and support to a broad spectrum of stakeholders, including grantees and colleagues

Education- Factor 2 (10 points)

Key staff shall have a bachelor’s degree from an accredited university. A master’s degree from an accredited university in business administration, accounting, finance, international development, and/or community development is preferred.

Written Assessment of Experience –Factor 3 (20 points)

Please complete the information on a separate page. Please provide written examples of how/when you’ve utilized the below experiences with regard to the following:

Work Tasks

Project Development

Creating monitoring and evaluation plans for international development projects

Editing and revising professional documents

Analyzing business or project proposals and suggesting areas for improvement

Analyzing quantitative business data to assess the viability of a business or project proposal

Field Office Administration

Reviewing and tracking expenditures against budgets to identify spending patterns

Problem solving in an international development, economic development, or business administration context

Portfolio Monitoring

Reading and analyzing reports

Collecting and managing quantitative data

Managing audit response

Using Microsoft Excel to track and analyze data

Interview - Factor 4 (50 points)

The interview will be based on the evaluation factors 1, 2, and 3. In addition, the subject will be evaluated on their ability to fluently speak in English.

BASIS OF RATING - Applicants who clearly meet the Education/Experience Requirements will be further evaluated based on a review of the submitted resume and the self-evaluation.

Those applicants determined to be competitively ranked may also be evaluated on interview performance and satisfactory professional reference checks. Only competitively ranked candidates will be invited to interview.

APPLICANT RATING SYSTEM - The Applicant Rating System is as follows:

Factor 1 - 20 Points- Technical knowledge and experience

Factor 2 – 10 Points-Education

Factor 3 - 20 Points-Written Assessment of Experience

Factor 4 - 50 Points-Interview

Total Possible - 100 Points

Satisfactory Professional Reference Checks - Pass/Fail (no points assigned)

BASIS FOR AWARD:

The offerors shall be evaluated and awarded in accordance with FAR 52.212-2, ―Evaluation –

Commercial Items (JAN 1999).

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers:

Please See Attachment 3- Evaluation Factors

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ATTACHMENT 4

FAR CLAUSES and PROVISIONS:

Solicitation number ADF-11-Q-RPD2-0008 is issued as a Request for Quote (RFQ). The incorporated provisions and clauses are those in effect through Federal Acquisition Circular

2005-38, December 10, 2009.

Instructions to Offerors—Commercial Items (June 2008)

(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.

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(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 or 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 (http://assist.daps.dla.mil).

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

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

http://assist.daps.dla.mil/ http://assist.daps.dla.mil/quicksearch 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 (http://assist.daps.dla.mil/wizard);

(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) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor

Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ―DUNS‖ or ―DUNS+4‖ followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a

Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the

CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(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.

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(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.

(End of provision)

52.212-2 Evaluation—Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304);

(iv) small disadvantaged business participation; and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the

Government to exercise the option(s).

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

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Items (Mar 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision—

―Forced or indentured child labor‖ means all work or service— https://www.acquisition.gov/far/current/html/Subpart%2015_3.html#wp1088883 https://www.acquisition.gov/far/current/html/Subpart%2015_3.html#wp1088883 http://orca.bpn.gov/

(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.

―Inverted domestic corporation‖ means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United

States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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 Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 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;

http://uscode.house.gov/ http://uscode.house.gov/

(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.

―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.

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

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

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

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

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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

(b)

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

Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR

52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (c) through (o) 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 on ORCA.]

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

(1) Small business concern. The offeror represents as part of its offer that it o is, o 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 o is, o 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 o is, o 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, for general statistical purposes, that it o is, o 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 o is, o is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

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(6) 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 o is a women-owned business concern.

(7) 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:____________________________________

(8) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation

Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged

Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It o has, o has not submitted a completed application to the Small Business Administration or a

Private Certifier to be certified as a small disadvantaged business concern in accordance with

13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in

13 CFR 124.1002(f) and that the representation in paragraph (c)(8)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:

(9) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(9)(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.

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

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

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

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

(2) Affirmative Action Compliance. The offeror represents that—

(i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor

(41 cfr parts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying

Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of

Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

(1) The 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 Act—Supplies.‖

(2) Foreign End Products:

Line Item No. Country of Origin https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168995

[List as necessary]

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

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

(i) The 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, or Peruvian end product,‖ ―commercially available off-the-shelf (COTS) item,‖ ―component,‖ ―domestic end product,‖ ―end product,‖ ―foreign end product,‖ ―Free

Trade Agreement country,‖ ―Free Trade Agreement country end product,‖ ―Israeli end product,‖ and

―United States‖ are defined in the clause of this solicitation entitled ―Buy American Act—Free Trade

Agreements–Israeli Trade Act.‖

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

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End

Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(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

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

https://www.acquisition.gov/far/current/html/FARTOCP25.html#wp225048 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169038 https://www.acquisition.gov/far/current/html/FARTOCP25.html#wp225048

(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I.