COMBINED SYNOPSIS SOLICITATION N32205-21-Q-2078 Pre-retirement.pdf

MILITARY SEALIFT COMMAND

N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE

COMBINED SYNOPSIS/SOLICITATION TEMPLATE

Military Sealift Command Combined Synopsis and Solicitation Notice Information

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

2. Solicitation number is N32205-21-Q-2078 and is being issued as a Request for Quotes (RFQ). Quotes are due by Monday, 01 March 2021 at 5:00pm Eastern Standard Time.

3. The solicitation document and incorporated provisions and clauses are those in effect through:

a. Federal Acquisition Circular (FAC): 2021-03, Effective: 14 January 2021

b. DFARS Publication Notice (DPN):20210115, Effective: 15 January 2021

4. The associated NAICS code is 541612 and the associated PSC code is R431 for this procurement: NOTE:

A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.

is not being set-aside for small businesses.

is being set-aside for small businesses. The small business size standard is $16.5 Million.

5. The attached pricing spreadsheet lists the Contract Line Item Numbers (CLINs) and items, quantities and units of measure, inclusive of any applicable options.

6. PERFORMANCE WORK STATEMENT FOR CIVIL SERVICE RETIREMENT SYSTEM (CSRS) AND

FEDERAL EMPLOYEES RETIREMENT SYSTEM (FERS) PRE-RETIREMENT PLANNING SEMINARS FOR

MSC CIVILIAN MARINERS (CIVMARs)

**Start of Performance Work Statement**

PERFORMANCE WORK STATEMENT

1. BACKGROUND

Military Sealift Command (MSC) has an immediate requirement for Qualified Instructors (QIs) to provide Civil Service Retirement System (CSRS) and Federal Employees Retirement System (FERS) Pre-Retirement Planning Seminars for MSC Civilian Mariners (CIVMARs) in the continental United States (CONUS) and outside of the continental United States (OCONUS). Pre-retirement planning is essential in order to identify and plan for the retirement income necessary for MSC CIVMARs to meet their financial and health needs as they transition from Government service.

2. SCOPE OF WORK

The Contractor shall provide the necessary number of QIs to teach CSRS and FERS Pre-Retirement Planning Seminars in support of MSC’s initiative to provide pre-retirement planning seminars for MSC afloat CIVMARs both CONUS and OCONUS.

Each Pre-Retirement Seminar shall have no more than twenty-five (25) attendees. Attendees’ spouses are approved to attend. Spouses shall not be included in the total number of attendees and will not receive separate materials. At no time shall the total number of attendees, excluding spouses, exceed twenty-five (25).

Pre-retirement seminars will be scheduled quarterly by the Government. This requirement is for twelve (12) retirement seminars per year, with nine (9) of those being held in CONUS locations and three (3) in OCONUS locations. The Government reserves the right to schedule additional seminars each year, up to one (1) additional CONUS seminars per year and two (2) additional OCONUS seminar per year utilizing optional Contract Line Item Numbers (CLINs) for a maximum of fifteen (15) seminars per year. The Government will notify the Contractor ten

(10) days prior to exercising that option and funding via contract modification. The first day of each seminar shall consist of classroom instruction with subsequent days of one-on-one sessions with each attendee.

The Contractor shall provide the organization and administrative controls necessary to ensure that the services performed meet all requirements specified in the contract. The Contractor shall provide all personnel, supplies, transportation, supervision, and non-personal services necessary to perform as defined in this Performance Work Statement (PWS) except for those items specified as available from the Government for Contractor use.

3. PLACE OF PERFORMANCE

The place of performance will be aboard MSC ships, while underway or in port, or at a designated MSC facility on land, both CONUS and OCONUS. The following are potential, but not all inclusive, locations:

CONUS LOCATIONS: Norfolk, VA; Charleston SC; San Diego, CA; Bremerton, WA.

OCONUS LOCATIONS: Bahrain, Jebel Ali, Sasebo, Guam, Italy, Singapore, Philippines.

MSC is not expecting to add additional locations; however, if locations need to be added, a contract modification will be required.

4. REQUIREMENTS

4.1 The Contractor shall provide CSRS and FERS Pre-Retirement Planning Seminars for MSC CIVMARs both CONUS and OCONUS.

4.1.1 The classroom seminar shall include:

• Key elements of the FERS;

• Key elements of the CSRS;

• Difference between FERS and CSRS;

• How to compute basic FERS/CSRS retirement income;

• Tax issues affecting FERS/CSRS benefits;

• Social Security and Medicare;

• Thrift Savings Plan (TSP);

• Pending legislation that may affect FERS/CSRS benefits;

• Survivor benefits;

• Leave;

• Health benefits;

• Life insurance.

4.1.2 Virtual Seminar is a required capability.

Due to current Coronavirus-19 disease (COVID-19) pandemic, when a face-to-face class cannot be provided as determined by the Government, the Contractor shall provide a “virtual” seminar to include the course syllabus, all elements of para. 4.1.1, and the following:

Live Audio retirement seminar, Q&A and opportunity for attendees to participate.

Session must be at least four (4) hours long and no more than six (6) hours, Registration processing for twenty-five (25) attendees.

Request for personal documents (required) for “One on One” live audio/virtual

(2nd session), no more than thirty (30) minutes.

Ensure secure encryption to receive, send and process attendee’ Personal

Identifiable Information (PII).

Provide second individual Video Conference to review attendees’ personal projections.

Provide attendees with (attendee) survey upon completion.

Forward surveys to contract COR within seven (7) days of last scheduled “One on

One” session.

4.2 The Contractor shall also conduct a minimum thirty (30) minute one-on-one interview with each attendee subsequent to the classroom seminar to provide retirement projections and provide assistance with forms.

4.2.1 The Contractor will communicate with ship personnel to inform attendees to present the contractor with the following personal documents:

• Most recent copy of their LES, TSP, Social Security Statement, 401k if applicable.

• Additional Assets; Roth IRA, Life Insurance, Annuities

*NOTE: No other follow on one-on-one sessions shall be scheduled under the auspices of this performance work statement.

4.3 The COR will provide a quarterly schedule at least thirty (30) days in advance of the start of the next seminar. Contractor must display flexibility with seminar schedule. After receipt of quarterly seminar schedule, Contractor is responsible for communicating with ships’ Masters to discuss logistical details. Contractor shall initiate a monthly telephone call with the COR to discuss the upcoming scheduled seminars.

4.4 It is possible at times that the Contractor may have to travel with the ship to get to the next afloat destination due to unforeseen circumstances, such as weather conditions. When ship is underway, meals and berthing will be provided to the instructor. Additionally, any day(s) that the instructor is required to ride with the ship and the instructor is not working, the contractor shall invoice the government as per the pre-negotiated daily underway rate.

4.5 MSC will provide either an on shore classroom or aboard ship accommodations to conduct classroom and one-on-one sessions with students.

4.6 The Contractor is responsible to obtain any/all passport/visa required to perform the seminars.

Contracted instructors must comply with all OCONUS regulations, policies and procedures.

4.7 Ship and Base Access

4.7.1 Ship Access:

The Contractor will be responsible for correctly submitting forms/applications required for ship access. In order to provide proper notification of personnel visiting a MSC ship, the contractor shall provide a clearance certification via the Joint Personnel Adjudication System (JPAS) at SMO 404426, via fax at (757) 443-2983, or a scanned visit request letter on company letterhead to email address MSC_NRFK_N0211@NAVY.MIL within five (5) days of the visit. The visit request letter must be transmitted either by encrypted email or by use of the DoD Safe website via encrypted means. The DoD Safe site may be found at https://safe.apps.mil/. In the event of emergent repairs where the minimum five (5) 5day lead time is not available for submission of the Visit Request Letter (i.e. contract awarded on short notice and work will start outside of standard work hours such as night or weekend) the contractor shall instruct the visitor to forward the VISIT Request Letter via secure means directly to the vessel Master, who has the ultimate decision on access to the ship. The contractors shall address all questions concerning security requirements or processes to MSCHQ Security Department using the group email address:

MSC_NRFK_N0211@NAVY.MIL. All contractor personnel shall wear a contractor identification badge with their photo, clearly displayed on their front, above the waist, at all times while on the MSC vessel. Instructors will correspond with Ships’ Captains and request letter of invitation so access to ship can be obtained when OCONUS.

https://safe.apps.mil/

4.7.2 Base Access:

The Contractor is responsible for obtaining base access as needed. The Contractor shall contact the nearest Pass and ID Office of the location they are trying to access for guidance regarding base access procedures. Information on how to contact a particular Pass and ID office can be found on the base’s website.

5. QUALIFIED INSTRUCTORS (QIs) REQUIREMENTS

5.1 The QI(s) performing under this Contract shall be a United States citizen. At least one (1) QI position shall be fulfilled within ten (10) business days of contract award. QI minimum qualifications are as follows:

5.1.1 QIs shall have a minimum of three (3) years’ experience and comprehensive knowledge of both the CSRS and FERS federal retirement program areas to include health benefits, life insurance, thrift savings plan and CSRS-Offset.

5.1.2 It is recommended the QIs have a minimum of thirty (30) days shipboard life experience, such as Navy or CIVMAR experience. This type of familiarity is preferred due to the possibility of needing to conduct seminars aboard ship while underway.

5.1.3 Contractor must prepare a staffing plan. Government may ask to review the actual staffing plan as well as the actual materials, which will be presented at the retirement seminar.

6. ADDITIONAL INFORMATION

6.1 All Contractor personnel performing under this Contract must be able to obtain a U.S.

Government Common Access Card (CAC) and access to a Government installation.

6.2 Contractor shall maintain a pool of qualified instructors who have comprehensive knowledge of CSRS and FERS federal retirement programs including health benefits, life insurance, thrift savings plan and CSRS-Offset. The government reserves the right to review the resumes of any instructor used throughout the life of the contract.

6.3 In accordance with Military Sealift Command, Government Operations Safety Management System “Welcome Aboard” packets for each class of ship, instructors may be required to wear contractor-supplied safety shoes while onboard ships. Any additional administrative support required by the contractor that arises due to special circumstances shall be requested from MSC at least ten business days in advance of the scheduled seminar.

7. CONTRACTOR FURNISHED ITEMS

On the first day of each seminar, the Contractor shall provide Compact Discs (CDs) containing course content. The Contractor will provide up to twenty-five (25) “read-only” CDs per seminar as well as a link to electronic student training guides, handouts as necessary, and all presentation materials.

Note: It is imperative the Contractor shall not offer or attempt to sell participants any additional products during the seminar.

8. GOVERNMENT RESOURCES AVAILABLE FOR CONTRACTOR USE

MSC will provide a computer, projector, and adequate facilities for the Contractor to conduct the seminar. At contract award, MSC will provide via email an electronic version of the student survey that shall be used to gather student feedback at the end of each seminar.

9. DELIVERABLES

Within one week upon completion of each seminar, the Contractor shall provide to the COR electronically, via email, utilizing PDF documents:

9.1 Completed seminar roster to include seminar name, date of seminar, and students’ full names

9.2 Each completed student survey

9.3 Report summarizing the information from the surveys in a bar chart with comments

Within two weeks of contract award, the Contractor shall provide the COR electronically, via email, utilizing PDF documents:

9.4 Course Syllabus which must adequately include all the requirements of Section 4.1.1 and 4.1.2 of the

PWS

The table below shows deliverables with Acceptable Quality Levels (AQL):

DELIVERABLE ACCURACY TIMELINESS FORMAT

Seminar roster Includes all required information with 98% accuracy

Delivered on-time 98% of the time

Via email in PDF format

Student surveys Includes surveys from all seminar attendees 98% of the time

Delivered on-time 98% of the time

Via email in PDF format

Survey Report Report is accurate 98% of the time

Delivered on-time 98% of the time

Via email in PDF format

Course Syllabus Includes all elements of section 4.1.1 & 4.1.2 of the PWS

Within two weeks of contract award

Microsoft Office PDF format

10. PERIOD OF PERFORMANCE

Period Length Date of Commencement Date of Completion Base Period One (1) year 15 April 2021 14 April 2022 Option Period One One (1) year 15 April 2022 14 April 2023 Option Period Two One (1) year 15 April 2023 14 April 2024 Option Period Three One (1) year 15 April 2024 14 April 2025 Option Period Four One (1) year 15 April 2025 14 April 2026 Six Month Extension Six (6) months 15 April 2026 14 October 2026

11. CONTRACT ADMINISTRATION AND DATA

Functions and Limitations of the Contracting Officer’s Representative (COR):

The COR will represent the Contracting Officer in the administration of technical details within the scope of this contract and will manage inspection of all deliverables. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have the authority to alter the Contractor's obligations, change the specifications in the contract, or issue contract modifications. If, as a result of technical discussions, it is desirable to alter contract obligations or the Performance Work Statement, a modification must be issued in writing and signed by the Contracting Officer. The COR is responsible for reviewing invoices submitted by the Contractor and informing the Contracting Officer of areas where exceptions are to be taken. The COR authority is non-delegable. The COR may be personally liable for unauthorized acts.

The identity of the COR will be provided to the Contractor via separate correspondence on an official COR appointment letter so as not to unduly require excessive contract modifications should CORs be reassigned during the normal course of the performance of his/her duties during the life of the contract.

12. AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

Except as specified in paragraph 13.2 below, no order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this Contract shall constitute a change under the Changes clause of this Contract.

12.1 The Contractor shall not comply with any order, direction, or request by Government personnel unless it is issued in writing and signed by the Contracting Officer.

12.2 The Contracting Officer is the only person authorized to approve changes in any of the requirements of this Contract and notwithstanding provisions contained elsewhere in this Contract, said authority remains solely the Contracting Officer’s. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the Contract price to cover any increase incurred as a result thereof. Any MSC Warranted Contracting Officer within his/her warrant can act in the administration of this contract. The identity thereof shall be made known to the Contractor via separate correspondence so as not to unduly require excessive contract modifications should Warranted Contracting Officers be reassigned

13. CONTRACTOR IDENTIFICATION

13.1 Contractor employees must be clearly identifiable while on Government property by wearing required badges.

13.2 Contractor personnel and their subcontractors must identify themselves as Contractors or subcontractors during meetings, telephone conversations, in electronic messages, or correspondence related to this Contract.

13.3 Contractor-occupied facilities (on Department of the Navy or other Government installations) such as offices, separate rooms, or cubicles must be clearly identified with Contractor supplied signs, name plates or other identification, showing that these are work areas for Contractor or subcontractor personnel.

14. KICK-OFF MEETING

14.1 A Contract kick-off meeting will be held within fifteen (15) business days after award.

14.2 The Contractor, the COR, and the KO shall arrange a mutually agreeable time and place to meet (teleconference is acceptable) for the purpose of discussing the requirements and details of the work.

14.3 The Contractor shall create a set of meeting minutes, to be signed by both the COR and the Contractor's POC, reflecting all matters discussed during the kick-off meeting.

Meeting minutes shall be provided to the COR within three (3) days after conclusion of the kick-off meeting.

**End Performance Work Statement**

7. The Government anticipates a Firm-Fixed Price (FFP) contract will result from this solicitation. The intent is to award a base year commencing on or about 15 April 2021 through 14 April 2022, and four (4) one year option periods, as shown in Paragraph 10 of the above PWS.

8. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is incorporated by reference. The provision is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

a. Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.

b. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

c. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and “quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.

d. The Government will consider all quotes that are timely received and may consider late quotes.

Failure of a quote to address any items required in the submission package may make a quote unacceptable.

e. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:

In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:

Responsible sources shall provide the following:

1. Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price

2. Total Firm Fixed price

3. Any Discount Terms

4. Estimated Time of Delivery

5. Technical Submission Requirements

a. For Parts/Supply buy, the quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule.

b. For a Services buy, the quote shall contain all pre-award submission/certification requirements as defined in the PWS.

6. Responses to the solicitation are due Monday, 01 March 2021 at 5:00pm Eastern Standard Time. Quotes may be e-mailed to Jim Ellis at james.ellis5@navy.mil. To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your quote.

7. Questions regarding this RFQ shall be submitted in writing by Friday, 12 Feburary at 5:00pm Eastern Standard Time, via email to Jim Ellis at james.ellis5@navy.mil.

Primary Point of Contact: Mr. Jim Ellis (757)-416-4142 James.ellis5@navy.mil

Secondary Point of Contact: Ms. Juliann Krogh (757)-341-7722

Juliann.krogh@navy.mil

The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1, at its sole discretion. Failure of a quote to address any items listed in the attached submission package may make a quote Unacceptable.

Basis for Award: Award will be made to the responsible, technically acceptable quoter, whose quote, conforming to the combined synopsis/solicitation, offers the lowest evaluated price.

52.252-1 – Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is mailto:james.ellis5@navy.mil mailto:James.ellis5@navy.mil cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

52.252-2 – Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

9. Provision 52.212-2 Evaluation—Commercial Items (Oct 2014) applies to this acquisition.

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

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

Award shall be made to the lowest priced technically acceptable offeror.

To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation.

To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met.

The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3.

(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).

As part of price evaluation, the government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding one-half of the offeror's final option period prices to the offeror's total price. Thus, the offeror's total price for the purpose of evaluation will include the base period, 1st option, 2nd option, 3rd option, 4th option, and 1/2 of the 4th option. As indicated in FAR 52.217-8 the government will have the option provision to extend the performance of the contract up to an additional 6 months when the contractor is provided written notice. Providing pricing for the optional six-month extension period is not required.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror by the Government 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.

http://www.acquisition.gov/

10. All Offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (JAN 2021) with its offer.

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;

https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(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)).

https://www.acquisition.gov/far/part-52#FAR_52_204_25

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 veteransor, 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 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.

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

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 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.

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

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

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

(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.

http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201

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

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 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, 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.

(iii) The terms "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:

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Line Item No. Country of Origin

[List as necessary]

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

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

(i) (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.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

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

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

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

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

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

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

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

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

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

Other End Products:

https://www.acquisition.gov/far/part-52#FAR_52_225_5

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

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