APPROVED SOLICITATION.docx

M0026320Q1018

Section B - Supplies or Services and Prices

PROSPECT MESSAGING PLATFORM LICENSES

FFP

Shall be provided in accordance with Descriptions and Specifications listed in Section C.

Ordering Period: 23 September 2020 through 22 September 2025.

Contractor does not have to make deliveries after October 2, 2025.

FOB: Destination

PN/CN: LICENSES

VENDOR PART NR: PLATFORM LICENSES

PSC CD: 7030

MAX

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$112,683.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

1. Background

This contract is in support of the Marine Corps Recruiting Command’s (MCRC) prospect messaging for each of the six Marine Corps Districts (MCD), which are located throughout the United States and its territories. Prospect messaging will allow recruiters to engage with their target market through short message service (SMS) text messaging. MCRC requires access to an information system platform that enables SMS text messaging with perspective applicants and poolees and will comply with current policies and directives applicable to the safeguarding of Personally Identifiable Information (PII).

2. Objectives

The objective of this contract is to provide an information system with the capability of engaging a recruiter’s target market, through a commercial off-the-shelf application that allows the user to customize and automate content and communication. This information system will comply with current policies and directives applicable to safeguarding PII.

3. Scope

MCRC identified a need for a firm-fixed price contract for the capability to leverage mobile device management capabilities, such as SMS text messaging, for data collection and lead generation. The guidance and specification for the prospect messaging is based on the guidelines and specifications cited in Sections 4 through Section 6.

4. Requirements Points of Contact

4.1. Government Technical Point of Contact (POC): The MCRC Government POC will be identified upon contract award.

4.2. Recruiting District Representatives: The marketing and communication officer and chiefs (MACO/C) at each district will serve as a Recruiting District Representative and the technical point of contact (POC) for each MCD.

4.3. Contractor POC: The contractor shall establish a single management focal POC to accomplish the administrative, managerial, warranty, and financial aspects of this contract, and this person will serve as the primary interface with the Government Technical Point of Contact and the MACO/C, and the contracting office.

5. Platform Requirements

The tasks for this requirement shall include the following. For any referenced document or publication, the contractor must comply with the most recent edition, or in the case of any document or publication that is superseded, the newest edition of the document or publication that supersedes the one mentioned below. Also, any databases are to be made available to specific United States Government (USG) personnel on direction of the Contracting Officer. The contractor is not to monitor our system or make backup copies of text messages. Vendor will maintain all records of data generated by or on its platform in performance of or related to this contract, to include histories of numbers to whom Recruiters send messages or from which Recruiters receive messages, and records of the content of and attachments to messages sent and received. All databases are USG property and the USG will maintain all rights to the databases; the contractor’s system will comply with the Privacy Act and implementing regulations. The vendor may not make any use of the databases other than to perform this contract, and is not to allow access to such records by any individual who is not an employee of the vendor who needs such access for the vendor to perform this contract. At the end of the contract the contractor will turn over all such records to USG. All data, regardless of format, created, generated, produced or provided under, or as a result of, this contract is and shall remain the property of the U.S. Government/Marine Corps. This data includes, but is not limited to, reports, materials, data, information, and all electronic/digital files. It also includes all training and training-related materials which consists of all evaluations and evaluation criteria, computer software/applications and hardware, source code, interfaces, tools, works, and other related items. The items described herein, and any other items, are hereinafter referred to individually or collectively as the Work or Works. The U.S. Government/Marine Corps shall be the owner of all of these Works and all intellectual property rights in or to these Works. Therefore, any restricted data rights, information, software, materials and/or other items, including the contractor’s or a third-party’s proprietary data, information, software, materials and/or items must not be used under this contract without the specific written approval by the KO prior to the start of any work.

The Contactor must operate all access, collection, and storage of all electronic and hardcopy data in compliance with the DoD Risk Management Framework (RMF). The Contractor must comply with all provisions relating to accessing, collection, storage, sharing, use, and disposition of data in any form stated in all applicable instructions, regulations, and guidance, including that listed below. The Contractor shall perform all necessary upgrades and updates to comply with emerging security requirements.

The contractor is prohibited from selling, sharing, reusing, or in any way profiting from the data obtained in the performance of tasks associated with this contract without first obtaining the written approval of the KO.

In the event of a cyber incident (e.g., unplanned interruption of service), suspected or actual compromise, breach, denial of service of network resources, or actual or suspected loss, spillage, or compromise of personally identifiable information, the contractor shall notify the Contracting Officer as soon as practicable. The Contracting Officer may modify the contract after award to add additional points of contact, which the contractor will also be responsible for notifying.

All IT resources and services required under this Contract shall comply with the following information assurance policies and guidance, as well as any subsequent version or superseding guidance published, and those listed elsewhere in this section 5 and elsewhere in the contract:

Chiefs of Staff Instruction Defense Information Systems Network Responsibilities

Chiefs of Staff Manual Cyber Incident Handling Program

and Electronic Messaging

Internet-Based Capabilities

Standards and Technology Assessing Security and Privacy Controls in Federal Information Systems and Organizations

*The most-recent versions of these references apply.

The controls and standards incorporated in the data security framework mentioned above are evolving. The Contractor must adhere to and implement changes in accordance with the then current regulations and policies.

5.1. Accommodates the information system on the categorization of FedRAMP Information Impact Level 4 (Controlled Unclassified Information – Privacy Information). The messaging platform will facilitate full support of any features native to the SMS text message format, to include text, image, gif, and web link support. The requirement, specifically Information Impact Level 4, is categorized in the DoD Cloud Computing Security Requirements Guide v1r3. Privacy Information refers to personal information or, in some cases, PII as defined in OMB M-07-16 or means of identification as defined in 18 USC 1028(d)(7). Level 4 is found in the DoD Cloud Computing Security Requirements Guide v1r3 starting on page 26.

5.1.1. Ability and capability to meet the OMB, Office of E-Government and Information Technology, 25 Point Implementation Plan to Reform Federal Information Technology Management that requires U.S. Federal Agencies to use cloud-based solutions whenever a secure, reliable, cost-effective cloud option exits.

5.1.2. Ability and capability to meet the OMB FedRAMP Policy Memo; Security Authorization of Information Systems in Cloud Computing Environments. This FedRAMP Policy Memo requires that all Federal Agencies meet the FedRAMP requirements for all Agency use of cloud services within two years of FedRAMP declared operational. FedRAMP began its initial operational capability on 04 June 2012.

5.1.3. Ability and capability to meet the NIST SPs 500-320, 800-53, 800-61, 800-92, 800-182, and 1800-19 requirements.

5.2. Ability and capability to provide communication from a single management user interface across SMS text messaging. The user will have the ability to upload lists for specific campaigns (i.e., “Graduate Reserve Prospects”). The system will also provide notification to the user if a particular phone number was already uploaded to the system for another campaign, regardless of geographic or account used to initially upload it (to prevent multiple campaigns targeting a single individual unless intended).

5.3. Ability and capability to leverage automation with Natural Language Processing Artificial Intelligence across SMS text messaging to produce higher lead-production rates and to increase recruiter productivity. The results will readily display the total number of outgoing messages sent, those responded to, and whether or not the response was positive or negative (such as a desire to be removed from that particular campaign or messaging list or an interest in more information).

5.4. Ability and capability to allow drip campaigns which is the automatic sending of a timed series of SMS text messages to individuals or group of contacts.

5.5. Ability and capability to create, produce, and update data as a single source of record to include the entire communication history.

5.6. Ability and capability to operate on the MCRC’s June 2020 End User Device (EUD) baseline as follows:

5.6.1. Microsoft Windows 10, Version 1809 (OS Build 17763.1217) or latest.

5.6.2. Google Chrome, Version 83.0.4103.97 (Official Build) (32-bit) or latest.

5.6.3. Microsoft Edge, Version 44.17763.831.0 or latest.

5.6.4. Microsoft Internet Explorer 11, Version 11.1217.17763.0, Update Version 11.0.190 (KB4456798) or latest.

5.6.5. Google Chrome 83.0.4103.101, Operating System Android 7.0.0; SM-G930V Vuild/NRD90M or latest.

5.6.6. The contracted Information System utilizes a Certificate Authority trusted by the Department of Defense Information Network (DODIN).

5.7. Ability and capability to tag, manage, track, and filter multiple SMS text messaging "campaigns" to personalize the message narrative to fit a specific market or message or both. This includes the ability to “Text to Apply,” where the message will be routed based “campaigns” and other defined criteria.

5.8. Ability and capability to use a "wildcard" in the SMS text message to allows the user to send individual messages in bulk using the (first) name, (last) name, or both names of the individual to provide a customized message to each recipient (i.e., Hello Sam, or Hello Mr. Jones, vice simply hello) without requiring the user to enter the name(s) for each specific intended recipient.

5.9. Ability and capability to provide an administrator level dashboard for program oversight, reporting, and analysis of return on investment. This dashboard will include the ability to monitor all conversations happening in near real time and allow for filtering of results based off of SMS text "campaign" or user.

5.10. Ability and capability to provide a generic phone number from which SMS text messages originate that is not a phone number in use by an individual (i.e., all text messages received by recipients appear to come from a generic number not belonging to an actual phone line in use). The tool will allow for the ability to call forward to a phone number, defined by the user, any calls to that number (in the event a recipient chooses to call vice text a response). This will ensure that the flow and continuity of conversations and messages remain between the recipient and the user’s web and app interface and only departs from that chain of conversation when a voice conversation is initiated.

5.11. In the event that the user does not enter a call-forwarding number, the tool will provide for the ability to setup a voicemail inbox for the SMS text number with the ability for a user to check and clear those messages through either the web interface or mobile app.

5.12. Vendor is subject to government security assessments, security control evaluations, and penetration tests.

5.13. Vender will provide a help desk capability with on-call training for individual, and groups of, users.

6. Period of Performance

6.1. Commencement. The contractor shall commence performance of the work on the contract immediately upon receipt of the first Delivery Order issued under the Indefinitely Delivery, Indefinite Quantity (IDIQ) Contract.

6.2. This IDIQ contract establishes a five (5) year ordering period during which platform licenses may be purchased at a fixed-unit price via Delivery Orders up to the maximum amount established in the contract. Each license purchased under a Delivery Order shall have a license period of one (1) year from the date of Order issuance.

The Government is required to purchase the minimum amount established in the contract (the minimum amount is established as a dollar value). The Government may purchase additional license quantities on an as-needed basis (via subsequent Delivery Orders) up to the maximum not-to-exceed (NTE) amount established in the IDIQ contract.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

Section G - Contract Administration Data

CONTRACT ADMINISTRATION DATA

Section G - Contract Administration Data

CONTRACT ADMIN ADMINISTRATION

G-1 Contract administration functions shall be retained by the Regional Contracting Office, Marine Corps Recruit Depot, Parris Island, South Carolina. Any inquiries pertaining to the administration of performance of this contract should be directed to the Regional Contracting Office.

G-1.l Invoices and receiving documents shall be submitted through Wide Area Workflow (WAWF) for payment in accordance with DFARS 252.232-7006.

G.2 Contract Correspondence and Inquiries

G-2.1 All correspondence/inquiries shall reference the appropriate Contract Number, and shall be submitted to the following address:

Regional Contracting Office, Paris Island Marine Corps Recruit Depot Attn: Connie A. Washington Contract Specialist Parris Island, SC 29905 Phone: 843-228-3779 E-mail: connie.washington@usmc.mil Regional Contracting Office, Paris Island Marine Corps Recruit Depot Attn: Kacy Mohead Contracting Officer Parris Island, SC 29905 Phone: 843-228-2188 E-mail: kacy.m.mohead@usmc.mil

G.3 Authority of Government Personnel

G-3.1 Notwithstanding any provisions to the contrary contained elsewhere in this solicitation, the Contracting Officer is the only person authorized to approve and issue amendments to this solicitation.

G-3.2 The Contracting Officer is the only person who can legally modify any resulting contract or obligate the Government for the expenditure of public funds. Costs shall not be incurred by recipients of the solicitation in anticipation of receiving direct reimbursement from the Government.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

(a) Definition. As used in this clause--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(End of Clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020) ALTERNATE I (OCT 2014)

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

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

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

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

“Women-owned small business concern” means a small business concern --

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

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

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

(b)

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

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

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

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

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

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

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

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

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

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

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

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

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

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

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

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

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

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

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

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

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

(2) Foreign End Products:

[List as necessary]

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

(g)

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. 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) 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:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or 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:

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

(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.:

[List as necessary]

(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:

(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:

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

(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) 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

(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.

(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--

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

(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; and

(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

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

(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.

(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) Examples.

(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 appear rights.

(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.