Attachment B - Instructions_Evaluation Criteria_Provisions_Clauses.pdf

ATTACHMENT B – Instructions, Evaluation Criteria, Provisions & Clauses

FAR 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services (MAR 2023), applies to this acquisition by reference; the addenda are as follows:

ADDENDA to FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023)

Contained herein are the minimally acceptable requirements for quote information that is to be submitted in accordance with the following instructions for the format and content of quotes.

Offerors shall submit the quote volumes stated below to be considered responsive to this solicitation, no exceptions. Failure to submit a completed quote by the time that quotes are due will result in the exclusion from further consideration by the Government for award.

Quotes shall stipulate that it is predicated upon all the terms and conditions of this solicitation. In addition, it must contain a statement to the effect that the quote is valid for a period of at least 90 days from the date of receipt by the Government. Offerors shall submit quotes and data comprehensive enough to provide the basis for a sound evaluation. The data and information should be precise, factual, and responsive and shall be keyed to each paragraph of the technical quote requirements as outlined below.

Quote information shall be submitted in separate volumes and clearly labeled. Each volume shall be separate and complete unto itself so that the evaluation of one volume may be accomplished independently of the evaluation of the other volume(s). Quotes shall be submitted in three (3) volumes as follows:

Volume Volume Title I Technical II Past Performance III Price

The Offeror shall submit questions no later than 4:00 PM (EST) on May 8, 2023, to Gina Dillon via email at gdillon@hrsa.gov. Questions submitted after the due date and time will not be accepted. Any resulting addition, deletion, or change to the solicitation will be made available by issuing a formal solicitation amendment.

The Offeror shall submit quotes no later than 4:00 PM (EST) on May 22, 2023, to Gina Dillon via email at gdillon@hrsa.gov. Quote submissions shall be signed by a company official authorized to bind the organization and shall be accompanied by a cover letter containing the following information:

a. Company Name, Authorized Official Name, Phone Number and Email Address

b. Company Address

c. Unique Entity Identifier (UEI) and applicable NAICS code(s)

d. CAGE Number mailto:gdillon@hrsa.gov

Electronic documents submitted as part of your quote shall be submitted in Word or PDF, single spaced, printable on 8.5 x 11-inch paper, paginated front to back, font 12 Times New Roman, .5-to-1-inch margins, and searchable. Pricing information shall be submitted in MS Excel format with formulas intact. Each page shall be numbered in a page X of Y format, for example; page 1 of 3, page 2 or 3, page 3 of 3. Each page shall include a header that states the organizational name and if applicable a footer on applicable pages that notes that proprietary information. Each volume shall be formatted to include a table of contents which corresponds to the section of that volume.

Technical Quotes shall not exceed 25 pages, excluding attachments, addendums, resumes and other required appendices. Offerors are advised to strictly observe limitations on the length and format specified since review of the quote will be limited to 25 pages. There is no page limit for the Price quote. Where data and/or information appear in one volume, it does not have to be repeated in any other part. However, if data and/or information does appear in more than one volume it shall be cross referenced by indicating the specific location including the volume and page number as a minimum. The clarity, relevance, and conciseness of the quote is important, not the length.

This solicitation does not commit the Government to pay any cost for preparation or submission of a quote. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition. The United States Government, or Department of Health and Human Services, or Health Resources Services Administration, or National Hansen’s Disease Programs letterhead and/or logo should not be included in your quote.

VOLUME 1 – TECHNICAL (NON-PRICE)

Factor 1 – Technical

Technical Quote Instructions. Technical Quotes shall not contain references to price/cost;

however, resource information such as data concerning labor hours and categories, materials, subcontracts, past performance, etc., shall be contained in the technical quote so that the Offerors understanding of the statement of work may be evaluated. It shall disclose the technical approach in sufficient detail to provide a clear and concise presentation that includes the requirements of the technical quote instructions. Volume I–Technical Quote shall include a statement indicating whether any assumptions and/or exceptions are taken to the terms and conditions of this solicitation as part of the quote transmittal letter. Any assumptions and/or exceptions taken must include identification of the specific SOW paragraphs and rationale for each exception.

Assumptions and/or exceptions shall also be noted in the quote, at the location of the assumption and/or exception.

Volume I (Technical) shall address and be organized as follows:

Technical Approach and Methodology. The Offeror shall provide sufficient information necessary to demonstrate their approach to meet the entire scope of the SOW and concisely each associated task. The Offeror shall submit a detailed narrative that sufficiently captures their understanding of and application in meeting the Government’s requirement of using the project ECHO model to perform technical assistance services to support Long COVID efforts in Health Centers.

Management, Staffing Plan, and Personnel. The Offeror shall provide a comprehensive management narrative and staffing plan necessary to perform the scope of the SOW and associated tasks. Additionally, the Offeror shall provide resume(s)/CV(s) for the proposed personnel by labor category, documenting their qualifications, professional training, and experience pursuant to the information found in Appendix 1 of the SOW.

Section 508 / VPAT. The solicitation includes a requirement for Electronic & Information Technology (EIT) that reflects the accessibility requirements for the type of EIT. Offerors are required to complete the Voluntary Product Accessibility Template (VPAT) based on the instructions of the Section 508 clause and provision [HHSAR provision 352.239-73 Electronic Information and Technology Accessibility Notice (DEC 18, 2015; 352.239-74 Electronic and Information Technology Accessibility (DEC 18, 2015)]. This section instructs the Offeror to access the website, complete the HHS VPAT for compliance and submit as part of their technical quote. Section 508/VPAT shall be included as an appendix to the technical quote submission.

VOLUME II – PAST PERFORMANCE (NON-PRICE)

Factor 2 - Past Performance

Past Performance Instructions. Offerors shall submit three (3) past performance references where the Offeror was the prime Contractor or Subcontractor for relevant work completed within the past three (3) years as required by this solicitation. “Relevant” is defined as similar in size, scope and complexity to this contract. The Offeror must clarify the percentage of work, dollar allocation and personnel roles as it relates to the key labor category requirements.

Offerors shall submit copies of their CPARS ratings for contracts with Federal agencies that are relevant to this procurement in Volume II. If the Offeror has not held any Federal contracts, then the Offeror may submit references from state, local, or private contracts using the Past Performance Questionnaire (Attachment C). Offerors shall forward a copy of the entire Past Performance Questionnaire to their clients to complete. The completed questionnaire shall be submitted via email to gdillon@hrsa.gov no later than 9:00 AM (EST) on May22, 2023.

VOLUME III – PRICE

Factor 3 – Price

Price Quote Instructions. The Price quote shall propose labor categories, labor hours, any unit pricing, as well as any discounts offered and/or other pricing information relevant to the proposed pricing, to adequately fulfill the requirements set forth in the SOW for the base and all optional periods and/or tasks per the Contract Line Item CLIN structure found in the SF1449. In addition, the price quote shall include a completed and signed copy of Standard Form 1449- Solicitation/Contract/Order for Commercial Items.

Offerors are required to complete and certify FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020), as part of their Price volume. If the Offeror does not comply with representations and certifications, the Offeror is non-responsive and may be removed from consideration for award per FAR 4.2103.

Offeror Subcontracting Plan Submission Instructions (Small Business Customer Experience (SBCX) System). In accordance with FAR 19.704 and FAR Clause 52.219-9, the submission of a subcontracting plan by other than small business offeror(s) is a requirement as a part of the proposal submission process and is to be submitted separately from the technical and cost proposals. An offeror’s subcontracting plan must be determined to be acceptable, by the Contracting Officer, prior to the contract award. An offeror is to submit their respective subcontracting plan electronically using the U.S. Department of Health and Human Services (HHS) Small Business Customer Experience (SBCX) system at https://osdbu.hhs.gov. The offeror shall follow the instructions outlined in the SBCX Industry Guide (Attachment E) to successfully submit their subcontracting plan by the proposal submission deadline.

The official point of receipt for determining timely submission of an Offeror’s subcontracting plan is the SBCX system and/or email notification. Once the subcontracting plan is successfully submitted in the SBCX system the offeror should receive an email notification and confirmation message of completion upon submission.

If an Offeror’s subcontracting plan is not confirmed as received within the SBCX system by the quote submission date specified in the solicitation, it will be considered late in accordance with subparagraph (c)(3) of FAR Clause 52.215-1, Instructions to Offeror—Competition Acquisition.

Disposition of late submittals of a subcontracting plan by an offeror via the SBCX system is at the discretion of the Contracting Officer.

Any technical questions regarding the use of the SBCX system may be submitted via email message to the SBCX help desk at client.support@apexlogic.com. The client support hours of operation are Monday – Friday, 6:00 a.m. – 8:00 p.m. Eastern Standard Time (EST). Note: help desk tickets can be submitted 24 hours a day / 7 days a week and a representative will respond within the presented client support hours of operation for assistance.

https://osdbu.hhs.gov/ mailto:client.support@apexlogic.com

FAR Provision 52.212-2, Evaluation – Commercial Products and Commercial Services (NOV 2021), applies to this acquisition in full-text.

(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:

Basis for Award

Factor 1: Technical (Non-price) Factor 2: Past Performance (Non-price) Factor 3: Price

Technical and past performance, when combined, are significantly more important than price; technical is more important than past performance.

(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)

ADDENDA to FAR 52.212-2, Evaluation – Commercial Products and Commercial Services

(NOV 2021)

The Government anticipates one award resulting from this solicitation; however, the Government reserves the right to make no award at all in response to this solicitation. The Government reserves the right to make award without discussions. In addition, the solicitation may be amended if determined to be in the best interest of the Government.

Quote evaluation will be based on the Best Value Tradeoff continuum methodology guidance found in the FAR 15.101-1, Tradeoff process. Award will be based on the highest technically rated offeror, rather than the lowest price. The quote will be evaluated using the following criteria as they relate to the content of the corresponding volumes.

Volume Volume Title I Factor 1: Technical II Factor 2: Past Performance III Factor 3: Price

VOLUME I: TECHNICAL

Factor 1: Technical (Non-price)

Element 1 – Technical Approach & Methodology (Non-price)

(a) The Technical Approach and Methodology factor evaluates the Offeror’s technical capabilities necessary to provide services as required in the Statement of Work (SOW).

(b) Factor Assessments. The Government will evaluate technical quotes utilizing the rating standards described in Tables 1.1 and 1.2 found below. The Government will assess strengths, weaknesses, and deficiencies of each factor using the rating descriptions found in Table 1.2. The Government will then take the strengths, weaknesses, and deficiencies to determine the adjectival rating at the factor level.

(c) The Technical Evaluation Panel (TEP) will evaluate the Technical Approach and Methodology factor in relation to the evaluation criteria, and develop narratives on the strengths, weaknesses, and/or deficiencies. The TEP will assign an adjectival rating to the Technical Approach and Methodology factor using the descriptions found in Table 1.1 below.

Table 1.1 – Adjectival Technical Rating

Table 1.2 – Adjectival Strength, Weakness, and Deficiency

(a) The Offeror shall discuss in detail their approach to meet the requirements of each task pursuant to the Statement of Work (SOW). The Offeror shall submit a detailed plan to ensure they understand the entire scope of the SOW and associated tasks, and the proposed approach to ensure that the required services encompassing a project ECHO model are provided in a timely and efficient manner.

(b) The Government will evaluate quotes based on the following components:

• Comprehensive training curriculum that will support the 100 health centers that are chosen to participate in this program; to include the expected learning outcomes;

• Quote on how to determine which 100 of the HRSA-supported health centers are best suited to participate in this program, and how they arrived at that decision;

• How a project ECHO model will be effective in diagnosing, treating, and managing long

COVID;

• Implementation of a project ECHO model and what it will include, to ensure they have accounted for all elements in the SOW; and

• Organizational experience with and approach for previous project ECHO, to include a successful accomplishment of items in the bulleted list below by describing past involvement in a minimum of two (2) similar projects (include samples of work to support this and to include at a minimum the following: rapid program assessment;

program management and implementation plan, presentations for senior level executive decision making; data analytics dashboard and outputs). For projects conducted in partnership with other organization(s), indicate the percentage of effort and role in the project.

Element 2 – Management, Staffing Plan, and Personnel (Non-price)

(a) The Management, Staffing Plan, and Personnel factor evaluates the Offeror’s technical capabilities necessary to provide services as required in the Statement of Work (SOW).

(b) Factor Assessments. The Government will evaluate technical quotes utilizing the rating standards described in Table 1.1 below. The Government will assess strengths, weaknesses, and deficiencies of each factor using the rating definitions found in Table 1.2. The Government will then take the strengths, weaknesses, and deficiencies to determine the adjectival rating at the factor level.

(c) The Technical Evaluation Panel (TEP) will evaluate the Management, Staffing Plan, and Personnel factor in relation to the evaluation criteria, and develop narratives on the strengths, weaknesses, and/or deficiencies. The TEP will assign an adjectival rating to the Management, Staffing Plan, and Personnel factor using Table 1.1 below.

Table 1.1 – Adjectival Technical Rating

Table 1.2 – Adjectival Strength, Weakness, and Deficiency

(a) The Offeror’s quote shall include a detailed management narrative and staffing plan and describe and demonstrate their approach to effectively manage and provide oversight in a manner pursuant to the SOW and associated tasks; including a discussion of standard operating procedures that will be followed to implement and complete all deliverables on schedule and with the highest quality. The staffing plan shall include a break down by labor category, labor hours, and associated tasks.

(b) The Government will evaluate Offeror quotes based on the following components:

• Evidence of successful experience setting up and conducting a project ECHO model, the challenges, and include a summary of recommendations under expedited timelines as demonstrated by list of projects by name and period of performance;

• Understanding of the BPHC’s current COVID-19 response, its impact on health centers, and its patient population and their challenges in combating long COVID;

• Description of management approach and roster of staff and staffing plan that includes the qualifications and experience of staff performing each task in the SOW. A roster of staff shall identify personnel by contract task number and roles. Include proposed Subcontractors (if any), experts, clinicians and consultants and describe their specific roles and reporting relationships. The staffing plan shall identify critical personnel qualifications, including experience, education, and skills relevant to perform the work.

The staffing plan shall also include the percentage of time each staff member will contribute to the identified work;

• Identify personnel and provide resumés for all proposed personnel. Resumés shall be no more than three (3) pages;

• Critical senior personnel must possess technical knowledge and have experience in the following areas as demonstrated by resumés:

o Clinicians, specialists who will participate in the distancing learning videos with health center staff o Any additional subject matter expert staff that may facilitate the video technical assistance sessions

• Describe how the Offeror shall share knowledge to health center participants within the 4 cohorts; and

• Approach to sharing knowledge within the collaborative teams.

Element 3: HRSA Section 508 Voluntary Product Accessibility Template (VPAT)

The evaluation of the VPAT is independent from the other factors and will be based on the demonstrated capabilities of the prospective contractor to meet the requirements of all the applicable Section 508 Provisions as listed in the attached HHSAR clause: 352.239-74 Electronic and Information Technology Accessibility. Alternatively, contractors may propose goods or services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board’s standards for the feature or component providing equivalent facilitation. If none of the contractors propose goods or services that fully meet all of the applicable Access Board’s provisions, those Vendors whose products or services meet some of the applicable provisions will be considered eligible for award.

The Section 508 Voluntary Product Accessibility Template (VPAT) will be evaluated as described as follows:

Green

EIT Products fully meet intent of all applicable Section 508 Provisions. Risk of failure to meet all Section 508 Requirements is very low.

Yellow

EIT Products can be made capable of meeting the intent of all applicable Section 508 Provisions by using alternative methods for some or all of the products. Risk of failure to meet all Section 508 Requirement is moderate.

Red

EIT Products fail to meet the intent of one or more of the applicable Section 508 or the PAT is materially incomplete. Risk of failure to meet all Section 508 Requirements is high.

VOLUME II – PAST PERFORMANCE

Factor 2 – Past Performance (Non-price)

(a) Past performance will be evaluated based on the recency and relevancy of the Offeror’s past performance (Table 2.1) and assigns a Performance Confidence Assessment Rating (Table 2.2)

Table 2.1 – Past Performance Relevancy Rating

Table 2.2 - Past Performance Confidence Assessment Rating

(b) The past performance evaluation results in an assessment of the Offerors probability of meeting the solicitation requirements. Unlike other evaluation factors, past performance information known from sources other than those in or resulting from the quote may be considered by evaluators in the past performance evaluation. If additional data is needed from any of the sources, the past performance evaluators may conduct interviews to obtain sufficient information to complete their evaluation. Any such interviews will be monitored and controlled by the Contracting Officer.

(c) The past performance evaluation will consider each Offerors demonstrated recent and relevant record of performance in supplying services and products meeting solicitation requirements, including the past performance of significant Subcontractors (significant being at least 20% of the total proposed price). The currency and relevance of the information, source of the information, context of the data, and general trends in a contractor’s performance will be considered pursuant to FAR 15.305(a)(2)). These are combined to establish one performance confidence assessment rating for each Offeror.

(d) There are two (2) aspects to the past performance evaluation: recency and relevancy.

• Recency – The first aspect to evaluate is the recency of the Offerors past performance.

A contract is considered recent if it is ongoing or has been completed within five (5) years of the date of the GTLC solicitation issuance. A contract/task order in its entirety may be evaluated for past performance if any part of the effort falls within the five- year window. Ongoing contracts with fewer than 15 months of performance data shall not be considered in this evaluation. A contract that fails the recency assessment will not receive further consideration in the past performance evaluation.

• Relevancy – The second aspect to determining past performance is how relevant a recent effort accomplished by the Offeror is to the effort to be acquired through the source selection. The relevancy determination will include, but is not limited to, the Offeror or its Subcontractor’s role on the proposed team (if applicable), similarity of service/support, dollar value, complexity; availability/use of similarly certified staff; contract type, and extent of subcontract/teaming.

(e) The Government will consider all past performance information collected and determine the quality of the Offerors performance, general trends, and usefulness of information and incorporate these into the performance confidence assessment. The past performance confidence assessment will be based upon the Offerors overall record of recency and relevancy.

Subsequently, more recent, and relevant performance has a greater impact on the confidence rating than less recent or relevant efforts. Only past performance efforts that are assessed Very Relevant, Relevant, or Somewhat Relevant will be considered in the quality assessment. More recent and relevant performance has a greater impact on the confidence rating than less recent or relevant efforts.

(f) Sources of past performance information used for evaluation are as follows:

• Past performance information provided by the Offeror;

• Offerors Past Performance Volume and Past Performance Questionnaire (PPQ); and

• Past performance information may be obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases.

(g) No Past Performance Information. In the case of Offerors for which there is no information on past contract performance or where contract performance history is not available, the Offeror will not be evaluated favorably or unfavorably on the factor of past contract performance (see FAR 15.305(a)(2)(iv)). In this case, the Offeror’s past performance is unknown and assigned a performance confidence rating of “neutral”.

VOLUME III - PRICE

Factor 3 - Price

Element 1 - Subcontracting Plan Evaluation (applicable to other than small businesses only)

(a) This procurement is estimated to exceed $750,000 and subcontracting opportunities exist;

therefore, a completed Subcontracting Plan must be submitted along with the price volume.

(b) All subcontracting plans shall project percentages of total work to be performed by each Subcontractor during the life of the contract. The subcontracting plan must meet or exceed the FY 2023 subcontracting goals for HHS, as shown below. These subcontracting goals are based on the total subcontracting dollars of the resultant contract.

• Small Business (SB) – 32.5%

• Small Disadvantaged Business (SDB) (including 8A) – 5%

• Woman-Owned Small Business (WOSB) –5 %

• HUBZone (HZ) – 3%

• Service-Disabled Veteran-Owned Small Business (SDVOSB) – 3%

(c) The subcontracting plan should express definitive commitments to subcontract with SB, SDB, WOSB, HZ, and SDVOSB small business concerns and describe the potential services to be provided by each Subcontractor. Subcontractor names and letters of commitment should be provided for those organizations which may potentially provide services. The Offeror shall describe its plan for achieving the stipulated subcontracting goals and its procedures for reviewing, approving, and monitoring Subcontractor compliance to the subcontracting plan.

Element 2 - Price Evaluation

(a) The Offerors Price Volume will not be scored but will be evaluated pursuant to FAR Part 15.4, Price Analysis, to determine price reasonableness of the proposed fixed prices. The proposed pricing will not be numerically scored but will be used in the best value tradeoff among non-price evaluation factors to determine the overall best value for the Government.

(b) Unbalanced Pricing. Offerors are cautioned against submitting an offer that contains unbalanced pricing. Unbalanced pricing may increase technical and performance risk and could result in payment of unreasonably high prices. Unbalanced pricing exists when, despite an acceptable quote, the price of one of more items are significantly overstated or understated as indicated by the application of price analysis techniques. The Government will analyze offers to determine whether they are unbalanced with respect to separately priced items. Offers that are determined to be unbalanced may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(c) Reasonableness. The evaluation of price will include any assessment of the Offerors proposed pricing without an assessment of its separate cost elements and proposed profit (see FAR 15.404- 1(b)). A price analysis will be conducted in accordance with FAR 15.4 to determine price reasonableness. The Government may use various price analysis techniques and procedures to ensure that the Government is receiving a fair and reasonable price. These techniques can include, but are not limited to, the following: other quotes received, comparison of similar recent and relevant pricing; use of parametric estimating methods, published market prices, and Independent Government Cost Estimates (IGCE).

(d) Evaluation of FAR Clause 52.217-8, Option to Extend Services. Evaluation of the FAR Clause 52.217-8 will be conducted in accordance with FAR 52.217-5. The evaluation of options shall not obligate the Government to exercise any options. The six (6) month extension of services is not to be considered part of any option period and will be a separately exercised option, if utilized. Offerors are not required to submit pricing for a six (6) month extension of services pursuant to the FAR Clause 52.217-8. For evaluation purposes, the Government will divide the Offerors total proposed pricing for the last performance period in half, which will represent the six (6) month extension of services period, if utilized, and add this to the Offerors total contract price, to arrive at the total evaluated contract price for price reasonableness and contract award.

(e) Total Evaluated Contract Price. The total evaluated contract price shall be used in the trade-off analysis, if any, between the price and non-price factors to determine best value. The evaluated price for contract award purposes shall be the total proposed price for the Base and Option Period combined.

(End of Addenda to FAR Provision 52.212-2)

FAR Provision 52.212-3, Offeror Representative and Certifications - Commercial Products and Services (JUN 2020), applies to this acquisition.

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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"—

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—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small, disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(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

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

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

(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 least51 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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 Products and Commercial Services, 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 for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(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—

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small, disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is,

□ is not a small, disadvantaged business concern as defined in 13 CFR 124.1002.

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [

The offeror shall enter the name and unique entity identifier of each party to the joint venture:

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order11246- (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 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(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) (i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical 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:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___

[List as necessary]

(4) 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) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or

(iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical 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…