D1. RFQ M00264-23-Q-0084.docx

M0026423Q0084

Section SF 1449 - CONTINUATION SHEET

52.212-1 ADDENDUM

INSTRUCTIONS TO QUOTERS - Commercial Products and Commercial Services.

GENERAL INTENTION. Marine Corps Installations – National Capital Region (MCI-NCR) has a commercial requirement for American Sign Language (ASL) Interpreter Services. In accordance with FAR Part 12 and FAR Part 13, the MCI-NCR Regional Contracting Office is issuing a commercial solicitation for the acquisition of such service. Required specifications are listed in the Schedule of Supplies/Services within this solicitation.

VENDOR QUESTIONS: Vendor questions should be submitted to Molly Henderson, Contract Specialist, via email at molly.henderson@usmc.mil. Questions will be accepted no later than Monday, April 24, 2023, at 12:00pm. Any resultant amendment from vendor questions will be issued on SAM.gov with all Q&As.

Address to be provided at time of award

PROCUREMENT APPROACH. The Contractor’s quoted item descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services. A single firm-fixed price award will be issued and it is the Government’s intent to award on an “all-or-none” basis to satisfy this requirement. The Government reserves the right to issue no award at all resulting from this solicitation.

WOSB SET-ASIDE: This order is a total set aside for Woman-Owned Small Business concerns (WOSB). Only quotes submitted by WOSB concerns will be accepted by the Government. Any quote that is submitted by a contractor that is not a WOSB will not be considered for award.

PAYMENT TERMS. NET 30. Invoices must be submitted via the Wide Area Workflow (WAWF) in accordance with DFARS 252.232-7006 which is included in this solicitation.

REQUIRED PERIOD OF PERFORMANCE. The period of performance for the base year is May 15, 2023 – May 14, 2024.

TECHNICAL COMPLIANCE. To ensure technical compliance:

1. To ensure technical compliance the quoter must clearly demonstrate that they can meet the solicitation requirements. A mere statement that the quoter will meet the Government’s requirement is NOT sufficient.

1. Quotes should clearly state whether the quoter can meet the requested period of performance. Vendors who cannot meet the required period of performance will not be considered technically acceptable.

1. For any quoter that is NOT a small business joint venture, please submit with your quote the following statement: “[Business/Entity Name] is not a small business joint venture.”

For any quoter that IS a small business joint venture: a small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212-3(b) for the following categories:

(A) Small business;

(B) Service-disabled veteran-owned small business;

(C) Women-owned small business (WOSB) under the WOSB Program;

(D) Economically disadvantaged women-owned small business under the WOSB Program; or

(E) Historically underutilized business zone small business.

It is highly recommended to paste the provisions in a separate Word document, complete the representation, and submit along with the quote. The provisions can be found at acquisition.gov.

SUBMISSION OF QUOTES. Quotes shall be submitted no later than the time and date specified on Block 8 of page 1 of the SF1449 solicitation. Quotes shall be submitted electronically via email to Molly Henderson, Contract Specialist, at molly.henderson@usmc.mil. Vendors are responsible for ensuring their quotes have been received by the date and time specified in Block 8 on Page 1 of this solicitation. Delivery delays that cause a quote to be late are not the responsibility of the Government agency.

52.212-2 ADDENDUM

EVALUATION – Commercial Products and Commercial Services.

EVALUATION.

The provision at 52.212-2, Evaluation - Commercial Products and Commercial Services, applies to this acquisition as follows:

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

(a)(1) The basis for award is PRICE AND OTHER FACTORS per FAR 13.106-1(a)(2).

(a)(2) Evaluation procedures per FAR 13.106-2(b)

All quotations or offers will be ranked in order of lowest price to highest price. The following factors shall be used to evaluate Quotes:

1. Conforming to all matters with respect to the solicitation:

Quotes/Quoters must clearly demonstrate the quoted items meet or exceed the salient characteristics or extended description of supplies/services; must address each general and performance requirement with respect to the Performance Work Statement (PWS); must specify period of performance; and must meet all the terms and conditions of the solicitation.

1. Past Performance:

The apparent successful, prospective contractor shall have satisfactory past performance. Past Performance shall be evaluated in accordance with FAR 13.106-2(b)(3)(ii) and DFARS Subpart 204.76.

1. Price:

In accordance with FAR 13.106-3(a), before making the award, the Contracting Officer will determine that the apparent successful, prospective contractor proposed price is fair and reasonable.

Completeness and Accuracy. The Government will review the quotes for completeness and accuracy. A determination will be made as to whether the Quoter properly completed the pricing tables. The Quoter’s quote will be checked for mathematical correctness to include the following:

1) Checking arithmetic in all computations; and

2) Ensuring all prices are summarized correctly; and

3) All prices quoted are no more than two decimal spaces.

The Government intends to evaluate quotes and award a contract without discussions with vendors. Vendors should not expect requests for clarification or additional information from the Government. Award will be based on the initial evaluation of quotes received in response to the solicitation. Therefore, quoters are cautioned that their initial quotes should contain their best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions with vendors if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; and may waive informalities and minor irregularities in quotes received.

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS) American Sign Language (ASL) Interpreter Requirement Human Resources and Organizational Management Branch (HROM) Headquarters, U.S. Marine Corps

1. Background

The Human Resources and Organizational Management (HROM) Branch mission is to provide the Commandant of the Marine Corps, headquarters staff, and serviced commands with the human resources, workforce development, and organizational management expertise required to effectively recruit, develop, and retain the right workforce and to build and maintain high performing organizations. Employee Relations is a complex area involving the intersection of a wide variety of laws, regulations, and policies.

According to the U.S. Office of Personnel Management (OPM), the chief human resources agency and personnel policy manager for the Federal Government, under the Rehabilitation Act of 1973 as amended, “Federal agencies have a legal obligation to provide reasonable accommodations for their employees and job applicants with disabilities. A reasonable accommodation is any change in the work environment or the way things are usually done that enables an individual with a disability to enjoy Equal Employment Opportunity.” OPM provides that an example of reasonable accommodation includes sign language interpreters for people who are deaf.

Administration and Resource Management (AR) Division has two Government employees who are deaf. These employees require the use of an interpreter when attending process reviews, decision briefs, and similar substantial meetings. This requirement is to provide sustained support consistent with Equal Employment Opportunity’s requirements to provide reasonable accommodations to employees with disabilities.

1. Scope/Objective

The purpose of this effort is to provide American Sign Language (ASL) Interpreter services for AR Division’s two (2) civilian Marine employees who are hearing impaired.

1. General Requirements

2. The Contractor is responsible for providing interpreters who maintain at least one of the following certifications continuously throughout contract performance:

1) (preferred) National Interpreter Certification (NIC) granted by the Registry of Interpreters for the Deaf, Inc. (RID);

2) National Association of the Deaf (NAD) Level IV (Advanced) or V (Master) Certification;

3) Board for Evaluation of Interpreters (BEI) certification.

0. The Contractor/Vendor shall be able to provide sufficient documentation to substantiate their employees’ sign experience upon request by the Government.

2. Recurring support from the same interpreter(s) per hearing impaired employee is preferred. Sustained relationships will support an increased familiarity with the subtleties in the supported and supporting individuals’ ASL techniques, leading to more effective communications and overall support.

2. If for any reason the recipient(s) of the ASL services is uncomfortable with the services being provided by the assigned interpreter, the vendor shall assign a different interpreter to provide the services upon request for the next assignment.

2. The ASL interpreters must be fluent in English, and in American Sign Language, which combines signing, finger spelling, and specific body language, in order to perform the functions of the assignments given to them by the Marine Corps.

2. Interpreters must be capable of interpreting spoken language for the supported employee, and interpreting the supported employee’s communications, both signed and written, to non-ASL literate audiences. Audiences may range from small groups of two (2) to more formal settings of 100 or more.

1. Tasks: ASL Interpreter Services

3. ASL interpreters shall provide both virtual/remote and on-site interpretation services to two (2) hearing impaired employees.

3. The Contractor shall fill all requests for ASL interpreter support requested consistent with the timeframes in this document; see Section 7.

3. The Contractor shall provide ASL interpreter services for routine meetings consisting of 1 interpreter per 2-hour period.

3. If the requirement exceeds two (2) hours, the Contractor/Vendor shall provide two (2) ASL interpreters, and shall invoice the Government accordingly for the two (2) ASL interpreters in accordance with the rate established by the contract.

3. Assignments that exceed two (2) hours, thus requiring two (2) ASL interpreters, are estimated to take place 2-3 times per year.

1. Place of Performance

4. ASL interpreters shall provide virtual/remote service via video teleconferencing, as well as on-site service at the following locations:

Destination

Pentagon, Arlington, VA

Joint Base Fort Myer/Henderson Hall, Arlington, VA

Naval Support Facility, Arlington, VA

Marine Corps Base Quantico, VA

4. Local determinations relating to adverse weather conditions, national emergencies, energy conservation, OPM and Human Resources and Organizational Management determinations, etc., may require the office to close. However, in the event of office closure, the Contractor shall be available for support via video teleconferencing when previously requested for in-person support by the Government within the terms established in Section 7.

1. Travel

5. The Contractor/Vendor is responsible for all travel/per diem related expenses.

5. Any/all anticipated travel costs should be included in quotation as part of quoted rate per 2-hour period.

5. For on-site services to occur at the Pentagon, visitor parking is not guaranteed at the Pentagon for the ASL interpreter; Metro Rail is preferred.

1. Normal Operations

6. The Government Point of Contact will provide requests for ASL services to the Contractor/Vendor no later than 5 business days prior to the date the ASL services are required.

6. Requests for support will be in two (2) hour blocks of time.

6. Per historical data, 85% of the services required can be provided virtually, and 15% of services must be performed in person at one of the on-site locations listed in Section 5. This specification will be identified by the Government Point of Contact at the time of their request for services in accordance with Section 7a.

1. Period of Performance

7. The period of performance shall be for one (1) base year and four (4) option years.

7. The base year start date shall be no later than May 15, 2023.

7. No more than 288 total hours of services can be scheduled annually, or 144 2-hour periods in accordance with Section 7.

1. Schedule/Hours of Operation

8. The Contractor/Vendor’s ASL interpreter may be called upon to provide ASL interpretation services Monday through Friday between the operating hours of 8:00AM and 4:00PM.

8. HROM anticipates an average of 10 meetings per month that require services.

8. The Contractor/Vendor/ASL interpreter shall conduct business as necessary to meet the requirements of the PWS. The Contractor may be required to adjust the work schedules to accommodate work requirements. All work performed outside of the normal operating hours will be jointly approved by the Contractor/Vendor, ASL interpreter, and Government Point of Contact prior to commencing the work.

8. Overtime for Contractor personnel is not authorized in the performance of this requirement.

8. Cancellations

4. The Government shall make all reasonable attempts to notify the Contractor/Vendor of any cancellations within two (2) business days or more.

1. Security Requirements

9. The interpreter(s) will not require a security clearance as the personnel that require these services are in unclassified positions.

9. The ASL interpreter(s) assigned to provide services shall contact the Government Point of Contact prior to beginning work on-site to ensure they understand and can comply with individual installation security requirements.

9. When the ASL interpreter is required to provide services on-site at either the Pentagon or MCB Quantico, they will require a background check to receive facility/base access clearance to be performed by the Pentagon or MCB Quantico prior to arrival to either location.

2. The Contractor must provide the Government Point of Contact with each interpreter’s name and contact information at least three (3) business days prior to the date when the services are required.

9. Pentagon Access

3. When there is an on-site requirement at the Pentagon, the Contractor/Vendor must provide the name and contact information of each ASL interpreter at least three (3) business days prior to the date when the services are required. The ASL interpreter must be cleared beforehand to gain access to the Pentagon for the dates that services are required at the Pentagon.

9. Marine Corps Base Quantico Access

4. Each interpreter who will need base access must complete registration in the Defense Biometric Identification System (DBIDS) prior to entering MCB Quantico. The contractor must possess of a valid form of identification.

0. Visit the Base Access site at the link provided and follow the instructions for Contractors to complete the necessary steps to obtain base access.

0. The DBIDS registration information and a list of valid forms of identification are found at: https://www.quantico.marines.mil/Info/Base-Access/

4. The interpreter shall present a Government form of ID at the main entrance to MCB Quantico. If the interpreter is driving a private vehicle, they must have car registration and insurance information to receive a visitor’s pass.

4. Note: Prior to the COVID-19 pandemic, in person services at Quantico were required approximately 2-3 times per year. The current estimate for in person services required at Quantico is 1 time per year.

9. Physical Security

5. The Contractor/Vendor is responsible for safeguarding all Government property and information provided in performance of this contract.

5. Contractor/Vendor employees entering Marine Corps sites shall comply with all security requirements in effect during the contract periods and shall be subject to such checks as may be deemed necessary.

5. No employee or representative of the Contractor/Vendor will be admitted on a Marine Corps site unless they furnish satisfactory proof of United States citizenship or, if an alien, that their residence and employment within the United States is legal.

5. All Contractor/Vendor employees must possess a valid picture identification card issued by a State or Federal agency.

1. Professional Standards of Conduct

10. Contractor/Vendor employees shall conduct themselves in a proper, efficient, courteous, and business-like manner.

10. All ASL interpreters must adhere to the Registry of Interpreters for the Deaf (RID) Interpreter Code of Professional Conduct.

10. The Contractor/Vendor and ASL interpreter(s) must adhere to all applicable confidentiality rules and regulations.

10. The ASL interpreter(s) must be attired appropriately for the environment in which they are working, to include when interpretation is conducted via video.

10. The Contractor/Vendor and ASL Interpreter(s) shall not release personal information regarding any person authorized for services.

1. Contract Type

Firm-Fixed Price.

1. Government Point of Contact (POC)

To be provided at time of award.

ASL Interpreter Services

FFP

American Sign Language (ASL) Interpreter Services. See attached Performance Work Statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: M000863283169

PSC CD: R608

NET AMT

FFP

American Sign Language (ASL) Interpreter Services. See attached Performance Work Statement (PWS).

FOB: Destination

NET AMT

FFP

American Sign Language (ASL) Interpreter Services. See attached Performance Work Statement (PWS).

NET AMT

FFP

American Sign Language (ASL) Interpreter Services. See attached Performance Work Statement (PWS).

NET AMT

FFP

American Sign Language (ASL) Interpreter Services. See attached Performance Work Statement (PWS).

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

14-MAY-2024

14-MAY-2025

14-MAY-2026

14-MAY-2027

14-MAY-2028

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022) ALTERNATE I (OCT 2014) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service -

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology -

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

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

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

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

Service-disabled veteran-owned small business concern -

(1) Means a small business concern -

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

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

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

Small business concern –

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

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

Small disadvantaged business concern, consistent 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 $850,000 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

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

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

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

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

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

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

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

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

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

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that -

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

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

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

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Note to paragraphs (c)(8) and (9):

Complete paragraphs (c)(8) and (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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

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

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

[ ___ ] Black American.

[ ___ ] Hispanic American.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(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.