RFP.pdf

502d Contracting Squadron

Request for Proposal

FA3016-17-U-0105

Nurse Residency Program Curriculum

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR

Subpart 12.6, as applicable, and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. This solicitation is issued as a Request for

Proposal (RFP). This requirement is being solicited as Full and Open. The North American Industrial Classification

Systems (NAICS) Code for this requirement is 611519- Other Technical and Trade Schools with a Size Standard of

$15,000,000.00. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC), No. 2005-95, Effective: 19 Jan 2017. This RFP will be solicited as a commercial simplified acquisition in accordance with

(IAW) FAR Part 13.5.

Description of Requirement: This requirement is to provide all management of materials, electronic records, labor, and training necessary to provide the evidence-based Nurse Residency Program (NRP) Services as requested by the 59th

Training Group. This service will be incorporated into the AF Nurse Residency Program, the final formal training requirement for novice nurses. The Air Force projects 16 classes with an average student load of 150 students per fiscal year at ten (10) in-patient military treatment facilities. The Contractor shall support development of novice nurse’s critical thinking skills and clinical leadership, enabling safe care and improved patient outcomes. This requirement is defined in the

PWS.

CLIN Description Qty Unit of

Issue Unit Price

Extended

Price Base Period

Nurse Residency Program Curriculum In Accordance

With (IAW) Performance Work Statement (PWS) 12 Months

Option Year One

1001 Nurse Residency Program Curriculum IAW PWS 12 Months

Option Year Two

2001 Nurse Residency Program Curriculum IAW PWS 12 Months

Option Year Three

3001 Nurse Residency Program Curriculum IAW PWS 12 Months

Option Year Four

4001 Nurse Residency Program Curriculum IAW PWS 12 Months

Total

Delivery, Inspection & Acceptance:

FOB: Destination

Inspection & Acceptance: Destination

Period of Performance (POP): Base year + 4 Option years

Delivery Address: TBD

The provision at FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition, in addition to the following addenda:

A. General. To ensure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements in addition to those identified as evaluation factors and sub factors. Failure to meet a requirement may result in an offer being ineligible for award in the absence of discussions. Taking exception to any content in the solicitation without addressing the exception with the Contracting Officer, hereinafter CO, before the cutoff time listed in Paragraph B below will render the proposal ineligible for award.

Addendum to FAR 52.212-1-(c), Period for Acceptance of Offers. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.”

The proposal in response to this solicitation shall consist of two (2) separate volumes: Volume I - Technical Proposal and

Volume II - Price Proposal. All documents submitted in response to this RFP must be fully responsive to and consistent with the requirements of the RFP.

The CO has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the CO will review this determination, and if adequate price competition exists, no additional cost information will be requested. However, if at any time during this competition the CO determines that adequate price competition no longer exists, offerors may be required to submit IAW FAR 15.403-3, Requiring Data Other Than Certified

Cost or Pricing Data, to the extent necessary for the CO to determine the reasonableness of the proposed prices.

B. Proposals shall include unit price and extended prices for all line items, all required Offeror Representations and

Certifications, Cage Code and Discount Terms, if applicable. All quotes are due by 2:00 PM, Central Time, 18 May

2017. Proposals received after the deadline will be handled in accordance with FAR Clause 52.212-1(f). All proposals shall be submitted via e-mail to Contracting Specialist: lisa.w.paschall.civ@mail.mil and Contracting Officer:

gary.d.beck4.civ@mail.mil

C. Proposal Format. The proposals will be on 8 1/2 x 11 inch paper. A page is defined as one face of a sheet of paper containing information. Double sided printing will be counted as two pages. All documents submitted should be printed double-sided, as practical. Typing font size shall not be less than 12 pitch. The background color of each page of the proposal submission shall be white or ivory stock only. See table below for specific number of copies required and pages for each of the Volumes.

PROPOSAL ORGANIZATION

Volume Volume Title Number of Proposals Page Limit

I Technical 1 Electronic Copy 10 pages

II Price 1 Electronic Copy 10 pages

D. Solicitation Questions: Questions will be accepted until 2:00PM, Central Time, Thursday, 27 April 2017. All questions and all answers to questions will be made accessible to all potential offerors. Questions shall be in writing and sent via e-mail to Contracting Specialist: lisa.w.paschall.civ@mail.mil and Contracting Officer:

gary.d.beck4.civ@mail.mil.

Contractor SHALL be registered in System for Award Management (SAM) database and shall provide the following information:

Company Name: _______________________

DUNS number: _______________________

Cage Code: _______________________

Federal Tax ID: _______________________

Email Address: _______________________

Phone Number: _______________________

2. VOLUME INSTRUCTIONS

A. VOLUME I – TECHNICAL PROPOSAL –

Technical Factors. Ensure the Technical Proposal clearly demonstrates the offeror possesses technical knowledge and the capability to perform all operations in accordance with the PWS.

Technical Factor 1: Management Plan

The offeror shall submit a management plan that illustrates the corporate philosophy and management approach to demonstrate evidence of sound organization and performance management processes to successfully accomplish tasks delineated in the PWS. The plan should provide evidence of knowledge and capability as defined in the solicitation. At a minimum, the plan should:

i. Demonstrate a business approach to support the required requirements including electronic curriculum, staff experience and progress/performance reports.

ii. Provide mitigating strategies and processes designed to prevent and proactively identify and forecast potential risks that could have an adverse impact to performance.

Technical Factor 2: Quality Control Plan (QCP)

The offeror shall provide a “quality control plan” (QCP) with a complete written system for identifying and correcting deficiencies and degradation in the quality of services before the level of performance becomes unacceptable as part of the submitted proposal. At a minimum, the plan should specifically address contract requirements and location(s) listed and provide the following:

i. The plan shall address responsibilities for oversight of quality control, functions associated with such oversight, and specify authority to coordinate with the Government Representative and CO.

ii. Describe the methodology to monitor service deficiencies/complaints in relation to the performance requirements, approach to inform employees of identified deficiencies/complaints, and a process to ensure that the deficiencies/complaints are corrected and eradicated.

B. VOLUME II – PRICE PROPOSAL –

The offeror shall insert proposed unit and extended prices for each Contract Line Item Number (CLIN) and Sub CLIN, including all option periods. The CLIN quantities are annual estimates. All unit prices must be rounded to no more than 2 decimal places. The Extended Price must equal the whole dollar unit price multiplied by the number of units. The proposal must be submitted for a base year plus four (4) option year periods.

The offeror shall complete the necessary fill-ins and certifications for all provisions and clauses throughout the RFP. In doing so, the offeror accedes to the contract terms and conditions.

ADDENDUM TO FAR 52.212-2

FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

Addendum to FAR 52.212-2(a) is tailored as follows:

(a) Basis for Contract Award.

1.0 The Government intends to award one contract for this competitive acquisition. Award will be made to the technically acceptable Offeror with lowest total evaluated price who is deemed responsible in accordance with FAR 9.104 and whose proposal conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, representations, certifications, and all other information required by this solicitation. Unless specifically identified in your proposal, by submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications and technical requirements, in addition to those identified as evaluation factors or sub factors. Failure to meet a requirement may result in a proposal being determined ineligible for award.

2.0 Evaluation Process. If any aspect of an offeror’s proposal does not meet the Government’s requirements and is not considered correctable, the offer may be ineligible for award. All technically acceptable proposals shall be treated equally except for their cost/price record. Offers will be ranked based on initial assessment of total overall evaluated prices, followed by a full evaluation of Technical Acceptability in accordance with paragraph 4.0 below, then Price

Reasonableness determination of the low priced technically acceptable proposal. Only proposals rated technically acceptable are eligible to receive an award.

3.0 Proposals. The Government will rank proposals based on an initial assessment of offeror’s total evaluated prices, followed by an evaluation of technical proposals in accordance with paragraph 4.0, followed by evaluation of price as follows:

Rank by Total Evaluated Price, as submitted. The Government will rank all proposals by the initially proposed total evaluated price, from lowest to highest. An offeror’s proposed estimated price will be determined by multiplying the estimated quantities by the proposed unit price for each CLIN. The extended amount for each CLIN will be totaled to obtain the estimated total. The total estimated price also includes the amount associated with all Cost CLINs.

4.0 Technical Evaluation. The Government will only select the three (3) lowest priced proposals and then evaluate them for

Technical Acceptability. The Government, at its discretion, may continue technical evaluations until the Contracting

Officer determines that a sufficient number of technically acceptable proposals have been identified to permit determination of price fair and reasonable based on adequate price competition. If additional proposals are evaluated for technical acceptability they will be selected in the order of total evaluated price.

Acceptability Ratings. The evaluation factors listed below apply only to the technical factors which will be evaluated and receive one of the following ratings:

(i) Acceptable – The proposal meets the minimum requirements of the solicitation.

(ii) Unacceptable – The proposal does not meet the minimum requirements of the solicitation.

5.0 Evaluation of Factors. Offerors are advised that their submission should be their best effort. The government holds the rights to only hold discussions if considered necessary. Only technically acceptable proposals, either initially or as a result of necessary discussions, are eligible for award. If award is made without discussions, proposal revisions will not be permitted. The Government will evaluate the proposals selected IAW with paragraph 4.0 for technical acceptability on an

Acceptable/Unacceptable basis. For the technical proposal to be rated as “Acceptable”, all technical factors must be rated acceptable. If any technical factor is rated “Unacceptable” the overall proposal will be rated as “Unacceptable”. The technical proposal will be evaluated for the following technical factors:

(A) Factor # 1 – Management Plan

Standard: The offeror shall submit a management plan that illustrates the corporate philosophy and management approach to demonstrate evidence of sound organization and performance management processes to successfully accomplish tasks delineated in the PWS. The plan should provide evidence of knowledge and capability as defined in the solicitation. At a minimum, the plan should:

i. Demonstrate a business approach to support the required requirements including electronic curriculum, staff experience and progress/performance reports.

ii. Provide mitigating strategies and processes designed to prevent and proactively identify and forecast potential risks that could have an adverse impact to schedule or performance.

The standard has been met when: The offeror adequately demonstrates a sound, comprehensive, realistic, effective, and efficient management approach to fulfill the requirements of the PWS.

(B) Factor # 2 - Quality Control Plan:

Standard: The offeror shall provide a “quality control plan” (QCP) with a complete written system for identifying and correcting deficiencies and degradation in the quality of services before the level of performance becomes unacceptable as part of the submitted proposal. At a minimum, the plan should specifically address contract requirements and location(s) listed and provide the following:

i. The plan shall address responsibilities for oversight of quality control, functions associated with such oversight, and specify authority to coordinate with the Government Representative and CO.

ii. Describe the methodology to monitor service deficiencies/complaints in relation to the performance requirements, approach to inform employees of identified deficiencies/complaints, and a process to ensure that the deficiencies/complaints are corrected and eradicated.

The standard has been met when: The offeror adequately demonstrates a sound, comprehensive, realistic, effective, and efficient quality control approach to correct deficiencies and degradation of services to achieve consistent, efficient, and acceptable performance service levels in accordance with the requirements of the PWS.

The strategies outlined in the plan are realistic to minimize the effects of deficiencies/complaints and designed to efficiently and effectively correct and prevent reoccurrence.

(End of Addendum)

Clauses Incorporated By Reference:

FAR 52.203-3, Gratuities (Apr 1984)

FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), Alternate I (Oct 1995)

FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

FAR 52.203-16, Preventing Personal Conflicts of Interest (Dec 2011)

FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower

Rights (Apr 2014)

FAR 52.203-18, Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2017)

FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

FAR 52.204-7, System for Award Management (Oct 2016)

FAR 52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011)

FAR 2.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016)

FAR 52.204-13, System for Award Management Maintenance (Jul 2013)

FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul 2016)

FAR 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016)

FAR 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014)

FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

FAR 52.209-6, Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Oct 2015)

FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

FAR 52.209-10, Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015)

FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Jan 2017)

FAR 52.217-5, Evaluation of Options (Jul 1990)

FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014)

FAR 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)

FAR 52.219-8, Utilization of Small Business Concerns (Nov 2016)

FAR 52.219-14, Limitations on Subcontracting (Jan 2017)

FAR 52.219-28, Post-Award Small Business Program Representation (Jul 2013)

FAR 52.222-1, Notice to the Government of Labor Disputes (Feb 1997)

FAR 52.222-3, Convict Labor (June 2003)

FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

FAR 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212)

FAR 52.222-36, Equal Opportunity For Workers with Disabilities (Jul 2014)(29 U.S.C. 793)

FAR 52.222-37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212)

FAR 52.222-40, Notification of Employee Rights Under the National Labor relations Act (Dec 2010)

FAR 52.222-50, Combating Trafficking in Persons (Mar 2015)

FAR 52.223-6, Drug-Free Workplace (May 2001)

FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

FAR 52.224-1, Privacy Act Notification (Apr 1984)

FAR 52.224-2, Privacy Act (Apr 1984)

FAR 52.224-3, Privacy Training (Jan 2017)

FAR 52.228-5, Insurance – work on a Government Installation (Jan 1997)

FAR 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management (Jul 2013)

FAR 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.233-3, Protest after Award (Aug 1996)

FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)

FAR 52.242-5, Payment to Small Business Subcontractors (Jan 2017)

FAR 52.242-13, Bankruptcy (Jul 1995)

FAR 52.247-34, FOB Destination (Nov 1991)

FAR 52.253-1, Computer Generated Forms (Jan 1991)

DFARS 252.201-7000, Contracting Officer's Representative (Dec 1991)

DFARS 252.203-7000, Requirements Relating to Compensation of Former DOD Officials (Oct 2016)

DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 2013)

DFARS 252.203-7005, Representation Relating to Compensation of Former DOD Officials (Nov 2011)

DFARS 252.204-7003, Control of Government Personnel Work Product (Apr 1992)

DFARS 252.204-7004, Alternate A, System for Award Management (Feb 2014)

DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016)

DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (May 2016)

DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)

DFARS 252.232-7010, Levies on Contract Payments (Dec 2006)

DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (June 2013)

DFARS 252.243-7002, Request for Equitable Adjustment (Dec 2012)

DFARS 252.244-7000. Subcontracts for Commercial Items (Jun 2013)

Clauses Incorporated By Full Text

FAR 52.212-3, Offer or Representations and Certifications - Commercial Items (Jan 2017)

The offer or shall complete only paragraphs (b) of this provision if the Offer or has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offer or has not completed the annual representations and certifications electronically, the Offer or shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section

II.B. In the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. In the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. In the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair

Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review

Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(vi) The Family and Medical Leave Act; and

(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--http://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans'

Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(5) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(6) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“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;

http://www.osha.gov/dcsp/osp/approved_state_plans.html

(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 the 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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(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 SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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 ____________. [Offeror to identify the applicable paragraphs at (c) through (u) 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 to 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.

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

(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— https://www.acquisition.gov/

(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.

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

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

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

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each

HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation; and

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

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

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41

CFR parts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 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) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,”

“domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free

Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products

(other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli

Trade Act”:

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

Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph

(g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free

Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

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

(g)(1)(ii) of the basic provision:

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

Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

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

(g)(1)(ii) of the basic provision:

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

Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

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

(g)(1)(ii) of the basic provision:

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

American—Free Trade Agreements—Israeli Trade Act”:

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

End Products) or Israeli End Products:

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

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

“Trade Agreements.”

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

Other End Products

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

For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The

Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a…