DJO-OCR-16-R-0099.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 36

DJO-OCR-16-P-0214

DJO-OCR-16-R-0099 05-20-2016

DEBASHIS NAG 202-616-1705 05-27-2016

100pm Eastern

OA/AMD

Acquisition Management Division DOJ, Office of Justice Programs 810 7th Street, N.W.

Washington DC 20531

X

X

541611

N/A

US Department of Justice Office of Justice Programs 810 7th Street, N.W.

Washington DC 20531

OA/AMD

US Department of Justice Acquisition Management Division Office of Justice Programs 810 7th Street, N.W.

Washington DC 20531

Office of the Chief Financial Officer DOJ, Office of Justice Programs Attn: Invoices 810 7th Street, N.W.

Washington DC 20531

See CONTINUATION Page

This solicitation is issued as a Request for Quotation as a time and materials contract for expert consulting services.

All responsible sources may submit a quotation in response to this solicitation, which shall be considered. A contract may be awarded resulting from this solicitation to the responsible offeror who conforms to the solicitation and is most advantageoous to the Government.

Period of Performance: June 1, 2016 to May 31, 2019

$0.00

See CONTINUATION Page

X X

KATONA BRYAN

DJO-OCR-16-Q-0051

Table of Contents

SECTION A .............................................................................................................. Error! Bookmark not defined.

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS ................. Error!

Bookmark not defined.

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2015)

C.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS

(APR 2016)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY 2015) . 26

C.4 OJP 2852.209-70 CORPORATE REPRESENTATION REGARDING FELONY CONVICTION

UNDER ANY FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY (DEVIATION 2015-

02) (MAR 2015)

C.5 OJP 2852.209-71 CORPORATE REPRESENTATION REGARDING FELONY CONVICTION

UNDER ANY FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY (DEVIATION 2015-

02) (MAR 2015)

C.6 OJP 2852.209-74 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND

ABUSE — SOLICITATION (DEVIATION 2015-02) (MAR 2015)

C.7 OJP 2852.209-75 CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND

ABUSE — AWARD (DEVIATION 2015-02) (MAR 2015)

C.8 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.10 OJP 2852.232-72 INVOICES/PAYMENTS (FEB 2013)

C.11 OJP 2852.239-70 SECTION 508 COMPLIANCE (MAR 2001)

C.12 OJP 2852.239-71 COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT OF

1990 (42 U.S.C SECTION 12101) (MAR 2001)

C.13 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

C.14 OJP 2852.242-74 REPORTS (APR 2012)

C.15 OJP 2852.242-76 CONTRACTING OFFICER (FEB 2012)

C.16 OJP 2852.242-78 CONTRACT ADMINISTRATION (MAR 2001)

C.17 OJP 2852.242-81 KEY PERSONNEL-LABOR CATEGORIES/HOURS (MAR 2001)

DJO-OCR-16-Q-0051 Section B

SECTION B ‐ SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Correctional Education Expert Consultant Services Contract Period: Base POP Begin: 06-01-2016 POP End: 05-31-2017

1.00 YR __________________ __________________

1001 Correctional Education Expert Consultant Services Contract Period: Option 1 POP Begin: 06-01-2017 POP End: 05-31-2018

2001 Correctional Education Expert Consultant Services Contract Period: Option 2 POP Begin: 06-01-2018 POP End: 05-31-2019

GRAND TOTAL __________________

B.2 SCHEDULE OF SUPPLIES AND SERVICES

Base Year

Labor Category Estimated Hours Hourly Rate Total

Correctional Education Expert 122 $ $ Special Education Expert 115 $ $ Special Education Associate 60 $ $ Administrative Specialist 41 $ $

Total Direct Labor 338 $

Materials and Supplies $ Travel $

Total ODCs $

Total Base Year $

Option Year 1

Special Education Expert 115 $ $ Special Education Associate 60 $ $ Administrative Specialist 41 $ $

Total Direct Labor 338 $

Materials and Supplies $ Travel $

Total Option Year 1 $

Option Year 2

Special Education Expert 115 $ $ Special Education Associate 60 $ $ Administrative Specialist 41 $ $

Total Direct Labor 338 $

Materials and Supplies $ Travel $

Total Option Year 2 $

Statement of Work (SOW) As of May 18, 2016

Expert Consultants – Correctional Education

1. Introduction and Overview

The Office of Justice Programs (OJP), Office for Civil Rights (OCR), United States Department of Justice (DOJ) ensures that recipients of federal financial assistance from the OJP, the Office on Violence Against Women (OVW), and the Office Community Oriented Policing (COPS) comply with civil rights laws that prohibit discrimination against individuals in the recipients’ delivery of services. As part of its enforcement efforts, the OCR is conducting a compliance review initiative on serving the educational needs of youth with disabilities in confinement. To assist the OCR in conducting these reviews, it must consult with a subject matter expert in the field of providing education to students with disabilities in a correctional setting.

2. Background

The OCR’s enforcement authority arises from several nondiscrimination statutes and regulations that require recipients to adhere to particular civil rights requirements. The following statutes and regulations prohibit recipients from engaging in discrimination (Available at http://ojp.gov/about/ocr/statutes.htm):

The Violence Against Women Act (VAWA) of 1994, as amended, which prohibits discrimination on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in programs authorized under VAWA. (42 U.S.C. § 13925(b)(13)).

http://www.gpo.gov/fdsys/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap136-subchapIII-sec13925.pdf

The Omnibus Crime Control and Safe Streets Act of 1968, as amended, which prohibits discrimination on the basis of race, color, national origin, religion, or sex, in OJP, OVW, and COPS funded programs or activities. (42 U.S.C. § 3789d and 28 C.F.R. §42.201 et seq.)

http://uscode.house.gov/view.xhtml?req=(title:42%20section:3789d%20edition:prelim) https://www.justice.gov/crt/28-cfr-42101-42412 https://www.justice.gov/crt/omnibus-crime-control-and-safe-streets-act-1968-42-usc-3789d

The Juvenile Justice and Delinquency Prevention Act of 1974, as amended, which prohibits discrimination on the basis of race, color, national origin, religion, or sex in OJP funded programs or activities (42 U.S.C. § 5672(b)).

http://uscode.house.gov/view.xhtml?req=(title:42%20section:5672%20edition:prelim) http://www.ojjdp.gov/about/jjdpa2002titlev.pdf

Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin in OJP and COPS funded programs or activities. (42 U.S.C. § 2000d and 28 C.F.R. §42.101 et seq.)

https://www.justice.gov/crt/title-vi-civil-rights-act-1964-42-usc-2000d-et-seq https://www.justice.gov/crt/28-cfr-42101-42412

Section 504 of the Rehabilitation Act of 1973 (Section 504), as amended, which prohibits discrimination on the basis of disability in OJP and COPS funded programs or activities. (29 U.S.C. § 794 and 28 C.F.R. §

42.501 et seq.)

http://www.justice.gov/sites/default/files/olc/opinions/2004/11/31/op-olc-v028-p0276.pdf http://www.dol.gov/oasam/regs/statutes/sec504.htm

Section 1407 of the Victims of Crime Act (VOCA) of 1984, which prohibits discrimination on the basis of race, color, national origin, religion, sex, or disability in VOCA funded programs or activities (42 U.S.C. § 10604).

https://www.law.cornell.edu/uscode/text/42/10604

Title II of the Americans with Disabilities Act of 1990 (Title II of the ADA), as it relates to discrimination on the basis of disability in OJP or COPS funded programs or activities. (42 U.S.C. § 12132 and 28 C.F.R. Pt.

35).

http://www.law.cornell.edu/uscode/text/42/12132 http://www2.ed.gov/policy/rights/reg/ocr/28cfr35.pdf

Title IX of the Education Amendments of 1972, as it relates to discrimination on the basis of sex in OJP and COPS funded training or educational programs. (20 U.S.C. § 1681 and 28 C.F.R. pt 54).

http://www.law.cornell.edu/uscode/text/20/1681 http://www.gpo.gov/fdsys/pkg/CFR-2011-title28-vol2/pdf/CFR-2011-title28-vol2-part54.pdf

The Age Discrimination Act of 1975 as it relates to services discrimination on the basis of age in OJP or COPS funded programs or activities. (42 U.S.C. § 6102 and 28 C.F.R. § 42.700 et seq.)

http://www.law.cornell.edu/uscode/text/42/6102 https://www.gpo.gov/fdsys/pkg/CFR-2000-title28-vol1/content-detail.html

3. Applicable Documents

The above referenced statutes and regulations and the following:

Dear Colleague Letter: Civil Rights of Students in Juvenile Justice Residential Facilities, U.S. Department of Education, Office for Civil Rights and U.S. Department of Justice, Civil Rights Division (December 8, 2014).

http://www2.ed.gov/policy/gen/guid/correctional-education/cr-letter.pdf

Guiding Principles for Providing High-Quality Education in Juvenile Justice Secure Care Settings, U.S.

Department of Education and U.S. Department of Justice (December 8, 2014) http://www2.ed.gov/policy/gen/guid/correctional-education/index.html?utm_source=Youth.gov&utm_medium=Announcements&utm_campaign=Reports-and-Resources

Dear Colleague Letter: Individuals with Disabilities Education Act for Students with Disabilities in Correctional Facilities, U.S. Department of Education (December 5, 2014) http://www2.ed.gov/policy/gen/guid/correctional-education/idea-letter.pdf

Dear Colleague Letter: Access to Pell Grants for Students in Juvenile Justice Facilities, U.S. Department of Education (December 8, 2014) Statement of Interest of the United States of America http://www2.ed.gov/policy/gen/guid/correctional-education/pell-letter.pdf

Other guidance or rulings may be issued during the course of the project.

4. Scope

As part of this initiative, the OCR is in the process of retaining expert consulting services in the area of correctional educational programs in DOJ funded juvenile justice facilities and ensuring that such facilities do not discriminate against individuals with disabilities. In particular, this consultant will:

Review and analyze recipient policies and procedures for locating, evaluating, placing, and serving students with disabilities in its program;

Along with OCR, visit facilities and observe recipient correctional education programs, interview teachers and students, and review regular and special education records;

Review regular and special education records and prepare statistical and other analysis of these records;

Present analysis and opinions to the OCR;

Assist the OCR as it prepares written reports to recipients regarding analysis of and conclusions about the policies, procedures and practices it reviewed;

Aid the OCR in developing appropriate remedies and monitoring recipient implementation of those measures; and

Advise the OCR on standards and best practices for correctional education and inform the OCR about nationwide trends in correctional education.

The OCR anticipates that it will rely on this consultant to assist with compliance reviews that it will conduct over the next twelve months and may require services for an additional 24 months.

5. Tasks

The Contractor shall provide the following services:

5.1.1 Task 1

Advise the OCR on data request and data collection methodologies to ensure that the compliance review gathers information sufficient to determine facility compliance with federal civil rights laws.

5.1.2 Task 2

Analyze recipient educational policies, procedures, and practices to ensure that they are appropriate for the population served, particularly students with disabilities.

5.1.3 Task 3

Visit recipient juvenile justice facilities to observe educational programs and interview facility administrators, educators, and students.

5.1.4 Task 4

For each agency review assigned by the OCR, the consultant will produce a written report detailing his or her findings about whether the recipient is meeting the needs of students with disabilities, possible steps for remedying the problems, and procedures for monitoring compliance with the recommended remedies.

5.1.5 Task 5

For each agency review assigned by the OCR, the consultant will present a summary of his/her analysis and findings via written, oral or testimonial means to the OCR staff and potentially in administrative proceedings or other public hearings.

5.1.6 Task 6

For each completed review, the consultant will assist the OCR with monitoring the recipient’s compliance with agreed upon remedies.

5.1.7 Task 7

The expert will give general advice to the OCR on effective practices for juvenile correctional education for students with disabilities based on the expert’s review of academic research, personal experience, and observations made during the OCR compliance reviews.

5.2 Staffing

The OCR anticipates requiring the services of a consultant with expertise in correctional education. The Correctional Education Expert will perform up to ten reviews per contract period.

The Contractor shall provide qualified expert consultant(s) who is/are well versed in the tasks above and possess the following qualifications:

1. Possess a doctorate degree in education, special education, or a related field, or a Juris Doctor degree, or a master’s degree in education, special education or a related field plus at least five (5) years of experience working in the area of juvenile correctional education.

2. Possess specialized knowledge and experience related to serving students with disabilities in a juvenile correctional education facility.

3. Have direct experience as an administrator, teacher, psychologist, guidance counselor, social worker, educational consultant/expert or other related service provider for students within the Kindergarten through Twelfth Grades.

4. Possess a general knowledge of federal civil rights laws prohibiting discrimination against individuals with disabilities, including Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act.

6. Deliverables and Delivery Schedule

The expert consultants will provide OCR staff with information regarding his/her analyses and opinions in oral and written form on an ongoing basis, as requested. At the conclusion of the expert consultants’ review, the OCR may ask him or her to produce a report regarding his or her performance of the above tasks (including but not limited to the items of Section 5), to contribute to a written report that the OCR will send to the recipients it reviews, or to execute a declaration or an affidavit. In preparing any written material, the expert consultants should, to the extent possible, explain his/her analysis and opinions in a manner that is accessible to a non-specialist. The expert consultants should deliver any written material to the OCR within mutually agreed-upon timeframes in both hard copy and electronic format (Word and Excel document). The OCR may also ask the expert consultant to provide oral testimony during administrative or judicial proceedings that arise from the OCR’s reviews of particular recipients’ correctional education programs. The expert consultants should be available to meet with OJP staff, either in person or via tele- or video-conference, on a schedule that comports with the OJP’s standard business hours (i.e., Monday through Friday, 8:30 a.m. to 5:00 p.m. Eastern Time).

Any information, reports or analysis based in whole, or in part, on work associated with this contract remains the property of OCR and may not be released by the expert consultants or their affiliates without prior written consent from OCR.

7. Government Furnished Property (GFP)

No government furnished property is anticipated.

8. Place of Performance

The expert consultants may complete tasks under this contract at a site deemed suitable under mutually agreed-upon terms. It is not anticipated that the work will be performed at the OJP’s offices.

9. Period of Performance

The period of performance will be for one twelve-month base period and up to 2 two-month option periods from the date of award.

The OJP will not require the expert consultants to perform work on the following federal holidays or on days observed in lieu thereof:

New Year’s Day Martin Luther King Day President’s Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day Inauguration Day (When Applicable)

10. Security

The expert consultant will perform unclassified work under this task order; however, upon award, all contractor personnel will be required to sign a confidentiality agreement, affirming that he/she will not divulge any aspect of this award or the efforts required to fulfill the requirements of this award. The expert consultants must protect the confidentiality of any communications, strategies, plans, or data received from or sent to the OCR.

Security requirements may include special security clearance requirements.

All work performed under this contract shall be governed by the DOJ/OJP’s IT Systems Rules of Behavior, as enumerated by OJP policy and summarized by the DOJ’s Computer Security Awareness Training program.

11. Conflicts of Interest

All individuals assigned to this contract, will have an affirmative obligation to identify any, and all, potential conflicts of interest that exist or may arise during the course of their work on this contract. Conflicts of interest include, but are not limited to, prior, current or potential employment, consulting or voluntary engagements, organizational affiliations, business and/or personal relationships.

Prior to commencing work on any specific review, the Contractor and each assigned consultant shall have an affirmative obligation to determine whether they have any actual or potential conflicts of interest and if so disclose them to OJP.

If a conflict is identified the consultant will have an affirmative obligation to assign non-conflicted individuals to that review or to identify an alternative subcontractor to work on that review. Alternative reviewers must be approved in advance by OJP.

11. Other Considerations

Disclosure and avoidance of inherently governmental functions:

The expert consultants shall not perform or give the appearance of performing inherently governmental functions as described in FAR Parts 2 and 7 and in all applicable DOJ policy. The expert consultant shall identify himself or herself as contractor support personnel in all forms of communication with all entities with whom OCR has business dealings. The expert consultants shall have personalized voice messages with introductory statements that include the fact that the persons are contractor support personnel and include a title block in all emails that states that the persons are contractor support personnel. For example, Jane Doe, Program Specialist, XYZ Corporation, Contractor Support to OJP/OCR.

The selection factors used in awarding this contract will be based on the following factors:

a) Experience preparing expert materials

The Offeror shall submit, via Adobe PDF or MS Word document, a copy of any expert reports, affidavits, or declarations he or she has prepared in the past five years that are relevant to the requirements of this Statement of Work.

Evaluation: The Government will evaluate the submitted examples to determine whether the Offeror understands the requirements of this Statement of Work and would be qualified to serve as an expert consultant for the OCR. The OCR will look for evidence that the Offeror’s reports, affidavits, and declarations are analytically sounds and free of errors.

b) Ability to complete tasks and satisfaction of minimum qualifications

The Offeror shall submit the resumes and C.V. of each Correctional Education expert and Special Education Expert. The resume and C.V. must be sufficiently detailed to allow the OCR to assess the person’s ability to complete the tasks listed in Section 5 above and to evaluate whether the person satisfies the Statement of Work’s Minimum Qualifications.

Evaluation: The Government will assess the requisite knowledge, skill, experience, training, and/or education to serve as an expert with the ability to meet and exceed the requirements of this Statement of Work, including its Minimum Qualifications.

DJO-OCR-16-Q-0051 Section C

SECTION C ‐ CONTRACT CLAUSES

C.1 52.212‐1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/);

(ii) Quick Search (http://quicksearch.dla.mil/);

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by?

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://www.fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered

Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

The offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (r) of this provision.

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

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

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

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

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

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

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

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“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.

(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 posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website access through http://www.acquisition.gov. After reviewing the SAM database 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 applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) It [ ] is, [ ] is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the 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…