B08-Solicitation W81XWH21R0106.docx

W81XWH21R0106

Section SF 1449 - CONTINUATION SHEET

SYNOPSIS

SUBJECT: NOTICE OF INTENT TO AWARD SOLE SOURCE PROCUREMENT

Under the authority of FAR 6.302-1, it is the Government's intent to award a sole source IDIQ contract to Bode Cellmark Forensics Inc. 10430 Furnace Road Suite 107 Lorton, VA 22079-2626 for Forensic/DNA proficiency testing supplies for the Armed Forces DNA Identification Laboratory (AFDIL). Bode Cellmark will provide proficiency testing supplies IQAS 20, and IQAS 40. In order to maintain the AFDIL’s forensic/DNA laboratory accreditation, only proficiency testing providers approved by the American Society of Crime Laboratory Directors, Laboratory Accreditation Board (ASCLD/LAB) can be utilized for these supplies. This notice is not a request for competitive quotations; however, all responsible sources may identify their interest in this requirement or may submit a capability statement to the point of contact identified at this office. Any response to this notice must show clear and convincing evidence that competition would be advantageous to the Government. If no affirmative written response is received, the purchase will be awarded without further notice. A determination by the Government not to compete this proposed contract based on this notice is solely within the discretion of the Government. Detailed capabilities must be submitted to the following email address no later than 10:00 am Eastern Daylight Time, 11 October 2021. EMAIL: michael.e.baughman.civ@,ail.mil .

The United States Army Medical Research Acquisition Activity (USAMRAA) has a requirement in support of the Armed Forces Medical Examiner System (AFMES), Armed Forces DNA Identification Laboratory (AFDIL).

This is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2001-27.

This requirement will be for a Requirements Indefinite Delivery. The Period of Performance for this contract will be a base year with four options years.

The North American Industry Classification System (NAICS) code is 541380.

All responsible sources may submit a quote, which shall be considered by the agency. The competitive solicitation, solicitation amendments and all questions and answers relating to this procurement shall be made available via the Internet at https://acquisition.army.mil/asfi/ or https://www.fedbizopps.gov.

Specifications of the requirement are provided in solicitation: W81XWH-21-R-0106.

Potential offerors are responsible for accessing the website. Interested parties must respond to the solicitation in order to be considered for award of any resultant contract. To be eligible for an award, offerors MUST be registered with the Central Contractor Registry at https://ccr.gov/ and may have completed its representations and certification found at https://orca.bpn.gov/.

All questions should be addressed in writing to Michael Baughman, Contract Specialist at michael.e.baughman.civ@mail.mil . Telephone requests will not be honored and bidder lists will not be maintained.

All interested parties shall provide their quote to Michael Baughman Barnes at michael.e.baughman.civ@mail.mil by 10:00 a.m. ET on 11 October 2021.

All quotes must be submitted electronically.

Please provide the following information along with your quote:

VENDOR:

POINT OF CONTACT (NAME):

PHONE #:

FAX#

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

CONTRACT FOR SERVICES

1. Introduction

The Armed Forces DNA Identification Laboratory (AFDIL) is an operational element of the Armed Forces Medical Examiner System (AFMES) and is accredited by the American Society of Criminal Laboratory Directors- Laboratory Accreditation Board (ASCLD/LAB-International). This requirement is for the acquisition of annual subscription services for scheduled proficiency tests in support of the AFMES/AFDIL. Proficiency tests are required to maintain certification and accreditation by ASCLD/LAB-International. Accreditation requires that scientists be tested, to the full extent of their casework activities, at least twice a year.

1.1 Mission

The mission of the Armed Forces Medical Examiner System (AFMES) is to “Provide comprehensive and innovative medicolegal services worldwide”. The Armed Forces DNA Identification Laboratory (AFDIL) is an operational element of the Armed Forces Medical Examiner System (AFMES) performing human remains DNA testing.

1.2 Background

AFDIL is an operational element of the AFMES and is accredited by the American Society of Criminal Laboratory Directors- Laboratory Accreditation Board (ASCLD/LAB-International). AFMES/AFDIL is the only DoD human remains DNA testing laboratory, which under 10 U.S.C. 1471 and 10 U.S.C. 1509 is charged with providing human remains DNA testing in support of current day operations (AFMES), past accounting operations (Defense POW/MIA Accounting Agency; DPAA) and other DoD Agencies missions. Additionally, through other memorandum of agreements AFMES/AFDIL will provide DNA testing for identifying human remains, or to determine the probable contributor of biological samples of human origin in criminal investigations for other Bureaus of the Federal Government, and civilian medical institutions. The DNA Act of the 1998 Crime Bill establishes that each DNA casework analyst must be proficiency tested every 180 days. This is the language echoed by the ASCLD/LAB-International standards; and mandated compliance by the AFMES/AFDIL is required in order to maintain accreditation status.

1.3 Scope

Proficiency tests will be ordered by AFMES personnel from approved vendors and scheduled to allow the proficiency tests to be spread across and delivered at specified intervals throughout the year. Staggered scheduling prevents casework delays that would occur if proficiency tests arrived all at one time. Tests will be performed on a quarterly basis for assigned analysts and results sent back to the approved vendor for final analysis and results

2.0 General Requirement

2.1 Place / Period of Performance

Armed Forces Medical Examiner System (AFMES), Armed Forces DNA Identification Laboratory (AFDIL). 115 Purple Heart Drive, Dover AFB, DE. 19902.

Period of performance: 18 Nov 2021 – 17 Nov 2026 Base Period: 18 Nov 2021 – 17 Nov 2022 Option Period One: 18 Nov 2022 – 17 Nov 2023 Option Period Two: 18 Nov 2023 – 17 Nov 2024 Option Period Three: 18 Nov 2024 – 17 Nov 2025 Option Period Four: 18 Nov 2025 – 17 Nov 2026

2.2 Non-Personal Services

This award identifies services that are strictly non-personal in nature.

2.3 Inherently Governmental Functions

This requirement has been reviewed and contains no services that are inherently governmental functions

2.4 Training Requirements

Not Applicable

2.5 Hours of Work

Not Applicable

2.6 Travel / Temporary Duty (TDY)

Not Applicable

2.7 Security requirements

Not Applicable

3.0 Performance Requirements

3.1 Objective 1

Approved vendors will ship ordered proficiency tests in a timely manner IAW PWS Section 4.6.

3.2 Objective 2

Vendor will provide final analysis and results to AFMES/AFDIL in accordance with prescribed company guidelines by fax, mail, courier, or via online as requested by AFMES/AFDIL, IAW PWS Section 4.6.

4.0 Deliverables

Scheduled proficiency tests shipped at specified dates (vendor dependent) to include testing materials (bloodstains, dried body fluid stains, dried saliva samples). Bode Cellmark Forensics is an American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB-International)-approved proficiency test provider. These tests will be used to meet accreditation criteria which require that scientists are tested to the full extent of their casework activities, at least twice each year (with specific intervals between). The Bode Cellmark Forensics tests being ordered allow for autosomal STR, YSTR, MtDNA and Database testing as performed by our casework scientists. The ordered tests are scheduled to allow us to spread the proficiency tests throughout the year as required for accreditation, as well as preventing casework delays that would occur if proficiency tests arrived all at one time.

Deliverable 1

The Forensic Biology Series proficiency tests will contain two known bloodstains and two suspected dried body fluid stains. The DNA Sample Specific Series Proficiency Test will contain one swab containing neat semen, one bloodstain card containing human blood, and three reference bloodstain cards (victim and two suspects). Participants may report results for screening tests and STR/YSTR/MtDNA analyses. The estimated value for the base year is $40,000.00. The estimated total credit limit for 5 years is $212,365.43.

Deliverable 2

The Database Testing Series proficiency test will contain one bloodstain card containing human blood and three reference bloodstain cards (victim and two suspects). Participants may report results for STR/YSTR/MtDNA analyses. The estimated value for the base year is $4,000.00. The estimated total credit limit for 5 years is $21,236.54.

4.1 Delivery Address

All deliverables shall be submitted to the COR designated in the COR appointment letter at AFMES/AFDIL, 115 Purple Heart Drive, Dover AFB, DE. 19902

4.2 Method of Delivery

Proficiency tests will be prepared at Bode Cellmark location and shipped to AFMES/AFDIL. Electronic copies shall be delivered using Microsoft Office suite of tools (for example, MS WORD, MS EXCEL, MS POWERPOINT, MS PROJECT, or MS ACCESS format) or in Adobe PDF format, unless otherwise specified by the COR. Electronic submission shall be made via email, unless otherwise agreed to by the COR.

4.3 Shipping

The Contractor shall use appropriate, GMP-compliant refrigerated shipping carriers for drug product shipments (FedEx, World Courier, or similar, as agreed to by the COR), and appropriate shipping methods for all other materials, equipment, and hard copy documents. In the United States, the Contractor shall use the US Postal Service standard delivery for delivery of all such shipments. The COR must approve the selected shipping method and any exceptions to these requirements.

4.4 Government Acceptance Period

4.4.1 The COR will have ten (10) business days to review draft deliverables and make comments. The Contractor shall have five (5) business days to make corrections. Upon receipt of the final deliverables, the COR will have two (2) workdays for final review prior to acceptance or providing documented reasons for non-acceptance. Should the Government fail to complete the review within the review period the deliverable will become acceptable by default, unless prior to the expiration of the ten (10) business days the Government notifies the Contractor to the contrary. The final submission should be deemed approved if the Government has not rejected it in 30 calendar days.

4.4.2 The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection. The Contractor shall have five (5) business days to correct the rejected deliverable and return it per delivery instructions.

4.5 Delivery Schedule Abbreviations

The following abbreviations are used in the delivery/deliverable schedule:

4.6 Deliverable/Delivery Schedule

A summary of deliverables follows. Copies are to be provided to the Government officials indicated in electronic file (E), and/or hard copy (H).

5.1 Government Facility

Not Applicable for this Task

5.2 Quality Assurance

The Government will survey quality of products and services on a quarterly basis.

6.1 Quality Assurance Surveillance Plan (QASP)

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the Contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance, and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award and a copy provided to the Contractor after award. The QASP is a living document and may be updated by the Government as necessary. See attached QASP.

5.3.2 Performance Evaluation Process

Not Applicable for this Task

5.4. Government Furnished Equipment (GFE)/ Information (GFI)/Property (GFP) Not Applicable for this Task

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Bode Cellmark Forensics Scheduled Proficiency Tests Armed Forces DNA Identification Laboratory (AFDIL) a Division of the Armed Forces Medical Examiner System (AFMES) Contract Number:

Contractor Name: Bode Cellmark Forensics

1. PURPOSE.

This Quality Assurance Surveillance Plan (QASP) provides a quality surveillance strategy for annual subscription services for scheduled forensic proficiency tests at the AFMES/AFDIL. The primary purpose of this plan is to provide a basis for the government’s evaluation of the Contractor’s key areas of performance under this contract. The Contracting Officer (KO), in conjunction with input provided by the Contracting Officer’s Representative (COR), will evaluate the Contractor’s performance. Oversight of the Contractor’s performance will assure quality and consistency of contract performance.

This QASP explains the following:

a. What will be monitored. Bode Cellmark

b. How monitoring will take place. Passive Surveillance

c. Who will conduct the monitoring. Customer and COR

d. How monitoring efforts and results will be documented. Emails and memorandums

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. In addition, the QASP should recognize that unforeseen and uncontrollable situations may occur.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Updates shall ensure that the QASP remains a valid, useful, and enforceable document. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

2. GOVERNMENT ROLES AND RESPONSIBILITIES.

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (KO) - The KO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The KO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The KO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

Assigned KO: Philip Huff Organization or Agency: US Army Medical Research Acquisition Activity Telephone: Phone: 301-619-2940 Email: Philip.h.huff.civ@mail.mil

b. Contracting Officer’s Representative (COR) – The COR will be located at the Armed Forces Medical Examiner System (AFMES), Armed Forces DNA Identification Laboratory (AFDIL) office. The COR will be responsible for technical administration of the contract, and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. At the conclusion of the contract or when requested by the KO, the COR shall provide documentation to the KO. A COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. The contractor shall refer any changes they deem may affect contract price, terms, or conditions to the KO for action.

Assigned COR: Shairose Lalani Telephone: (302) 346-8918 Email: Shairose.a.lalani.civ@mail.mil

3. CONTRACTOR REPRESENTATIVES:

The following employees of the contractor serve as the contractor’s Program Managers for this contract.

POC:

Telephone:

Email:

4. PERFORMANCE OBJECTIVES.

Approved vendors will ship ordered tests in a timely manner according to the schedule requested. Vendor will provide final analysis and results to AFMES/AFDIL in accordance with prescribed company guidelines by fax, mail, courier, or via online as requested by AFMES/AFDIL.

5. PERFORMANCE STANDARDS.

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Matrix, shown in Table 1 below includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Table 1. Performance Standards for Proficiency Tests

Ship tests in a timely manner

6. METHODS OF QA SURVEILLANCE.

Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP.

a. Feedback from Quality Assurance and Training Program Managers

b. Feedback from Scientists

c. Direct Observation

d. 100% Inspection

e. Review of Quarterly Reports (various)

f. Review of Monthly Reports (various)

Regardless of the surveillance method, the COR shall always contact the contractor's task manager or on-site representative when a defect is identified and inform the manager of the specifics of the problem. The COR shall be responsible for monitoring the contractor’s performance in meeting a specific performance standard/AQL.

a. DIRECT OBSERVATION. (Can be performed periodically or through 100% surveillance.)

b. PERIODIC INSPECTION. Uses a comprehensive evaluation of selected outputs. Inspections may be scheduled as required.

1) Analysis of contractor's progress reports. (Evaluate cost, schedule, etc.)

2) Performance reporting.

Surveillance results may be used as the basis for actions (to include payment deductions) against the contractor. In such cases, the Inspection of Services clause and the Inspection of Supplies clause in the Contract becomes the basis for the KO’s actions.

7. RATINGS.

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:

Example 1:

8. DOCUMENTING PERFORMANCE.

If any of the services do not conform to contract requirements, the Government will require the contractor to re-perform the services in conformity with contract requirements, at no additional cost to the Government. When the defects in services cannot be corrected due to circumstances, the Government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed. The KO may exercise appropriate contractual remedy should the contractor fail to promptly take the necessary action to ensure future performance is in conformity with contract requirements.

When apparent non-satisfactory work is identified, the COR shall prepare a Contract Discrepancy Report (CDR) and submit to the KO for review, see attached for CDR form. The Contractor shall then be required to respond to the CDR. The Contractor shall explain reasons for substandard performance, how performance will be returned to acceptable levels, and how recurrence of the same or like problems will be prevented. The KO will evaluate the Contractor's explanation, assess its validity, and determine whether it is acceptable.

The contractor shall be required to correct/eliminate any deficiencies in services in a timely manner. Notification begins when pertinent documents (e.g., Customer Complaint Record or CDR) are issued to the contractor. Time of notification and correction of all applicable deficiencies should be entered on all Government documents and retained in the contract file. The Government may execute a deduction in payment for non-compliance when validated by the KO.

a. ACCEPTABLE PERFORMANCE.

The Government shall document positive performance. A report template is attached. Any report may become a part of the supporting documentation for fixed fee payments, award fee payments, or other actions.

b. UNACCEPTABLE PERFORMANCE.

When unacceptable performance occurs, the COR shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.

When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's task manager or on-site representative. A CDR template is attached to this QASP.

The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COR. The Government shall review the contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for contract payment deductions, fixed fee deductions, award fee nonpayment, or other actions deemed necessary by the KO.

8. FREQUENCY OF MEASUREMENT.

a. Frequency of Measurement.

During contract/order performance, the COR shall take periodic measurements, quarterly as specified in the AQL column of the Performance Standards Summary Matrix, and shall analyze whether the negotiated frequency of measurement is appropriate for the work being performed.

b. Frequency of Performance Assessment Meetings.

The COR shall meet with the contractor as needed to assess performance and shall provide a written assessment if there are any changes.

PERFORMANCE REPORT

1. CONTRACT NUMBER:

2. Prepared by: Shairose Lalani

3. Date and time of observation:

4. Observation:

<Examples of items to include in a report are:

- Method of surveillance.

- How frequently you conducted surveillance.

- Surveillance results.

- Number of observations.>

Prepared by: COR

CONTRACTOR IDENTIFICATION

CONTRACTOR IDENTIFICATION (USAMRAA) (May 2015)

When contractor personnel perform the services required in this contract (on a Government installation, facility and/or government leased site), they are required to possess and wear an identification badge that displays his or her name and the name of the Company. The contractor shall ensure that contractor personnel identify themselves as contractors when attending meetings, answering Government telephones, providing any type of written correspondence, or working in situations where their actions could be construed as official Government acts.

While performing in a contractor capacity, contractor personnel shall refrain from using their retired or reserve component military rank or title in all written or verbal communications.

OCOI

ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCOI)

a. It is recognized by the Government that the effort performed by the contractor under this contract is of a nature that it creates a potential organizational conflict of interest as is contemplated under the Federal Acquisition Regulation Subpart 9.5.

b. An organizational conflict of interest may result when factors create an actual or potential conflict of interest on a contract, or when the nature of work of the work to be performed on the contract creates an actual or potential conflict of interest on a future acquisition. Some restrictions on future activities of the contractor may be required.

c. In the performance of this contract, the contractor may have access to data which is procurement sensitive or is proprietary to other companies, Government consultants or advisors, or the Government. The contractor agrees that he will not utilize such procurement sensitive or proprietary data in performance of future competitive contracts, for studies in the same field, procured either through sealed bids or competitive negotiations unless authorized by the contracting officer.. The contractor further agrees not to act as a subcontractor or consultant to any other prime contractor or subcontractor seeking to utilize such data.

d. The contractor will include the provisions of paragraphs a and b in every first tier subcontract for performance of any portion of this requirement.

IQAS 20, DNA – Neat Evidence Sample Test

FFP

Base Year - Cellmark Forensics IQAS 20, DNA - Neat Evidence Sample Test, Testing Material Source Accredited by the ASCLD

FOB: Destination

PSC CD: Q301

NET AMT

IQAS 40, Database – Bloodstain Card Test

FFP

Base Year - Cellmark Forensics IQAS 40, Database - Bloodstain Card Test, Testing Material Source Accredited by the ASCLD

NET AMT

FFP

Option Year 1 - Cellmark Forensics IQAS 20, DNA - Neat Evidence Sample Test, Testing Material Source Accredited by the ASCLD

NET AMT

FFP

Option Year 1 - Cellmark Forensics IQAS 40, Database - Bloodstain Card Test, Testing Material Source Accredited by the ASCLD

NET AMT

FFP

Option Year 2 - Cellmark Forensics IQAS 20, DNA - Neat Evidence Sample Test, Testing Material Source Accredited by the ASCLD

NET AMT

FFP

Option Year 2 - Cellmark Forensics IQAS 40, Database - Bloodstain Card Test, Testing Material Source Accredited by the ASCLD

NET AMT

FFP

Option Year 3 - Cellmark Forensics IQAS 20, DNA - Neat Evidence Sample Test, Testing Material Source Accredited by the ASCLD

NET AMT

FFP

Option Year 3 - Cellmark Forensics IQAS 40, Database - Bloodstain Card Test, Testing Material Source Accredited by the ASCLD

NET AMT

FFP

Option Year 4 - Cellmark Forensics IQAS 20, DNA - Neat Evidence Sample Test, Testing Material Source Accredited by the ASCLD

NET AMT

FFP

Option Year 4 - Cellmark Forensics IQAS 40, Database - Bloodstain Card Test, Testing Material Source Accredited by the ASCLD

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

17-NOV-2022

W03K AFME SYSTEM

115 PURPLE HEART DRIVE

DOVER AIR FORCE BASE DE 19902

302-346-8648

W56DNH

17-NOV-2022

W56DNH

17-NOV-2023

W56DNH

17-NOV-2023

W56DNH

17-NOV-2024

W56DNH

17-NOV-2024

W56DNH

17-NOV-2025

W56DNH

17-NOV-2025

W56DNH

17-NOV-2026

W56DNH

17-NOV-2026

W56DNH

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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.

“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”--

(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 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.

(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 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.

“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 the stock of which 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 its stock is owned by one or more women; or

(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 will be performed in the United States or its outlying areas. Check all that apply.

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

(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.

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

(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.

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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) (i) The Offeror certifies that each end product, except…