RFP_SAF_SB_Mentor_CyberSecurity_Workshops_Support_Svs_FA7014-18-R-5018.pdf

FA701418R5018

Section SF 1449 - CONTINUATION SHEET

ADDENDUM C

Performance Work Statement for

Secretary of the Air Force/ Small Business office for

FY18 Mentor Cyber Security Workshops Support Services (Education)

Introduction: The Air Force Mentor Protégé Program (MPP) Office requires previously approved Department of Defense (DoD) Mentors for participation in the DoD MPP Cyber Security Workshops in fiscal year 2019, 2020 and 2021. The authorizing and funding legislation for mentors to support small businesses and train them in recent federal Cyber Security regulations is found in the Defense Federal Acquisition Regulations Supplement (DFARS), Subpart 204.73, and DFARS, Appendix I, Policy and Procedures for the DoD Pilot Mentor- Protege Program, which allow the federal government to support the Mentors who are mentoring small businesses and protégés.

Period of Performance (PoP): A one year base contract, with two one-year options is required.

The total PoP for any proposal cannot exceed three years (36 months).

MPP Objective: The purpose of the DoD Mentor-Protégé Program is to provide incentives to major DoD contractors to: (1) assist Protégé firms in enhancing their capabilities to satisfy DoD and other contract and subcontract requirements; (2) to increase the overall participation of Protégé firms as subcontractors and suppliers under DoD contracts; (3) to foster the establishment of long-term business relationships between Protégé firms and their mentors; and

(4) to enhance the capabilities and increase the participation of disadvantaged small business concerns.

Current legislation has authorized new DoD MPP agreements through 30 Sept 2018 with option years extending to 30 Sept 2021. No agreement can extend past those dates unless and until authorized by Congress. DFARS Appendix I paragraph I-102 details mentor eligibility. Any mentor approved by the DoD MPP is eligible to apply for this requirement.

This requirement’s objective is for the Air Force to find Mentors to host Cyber Security Workshops, ensuring that small businesses are aware of the new cyber security requirements mandate under DFARS Subpart 204.73.

The Air Force Mentor Protégé Program is funded by the DoD Mentor Protégé Program and intends to issue a Firm Fixed price contract to an approved mentor firm.

Contract Administration: Contractor should invoice the Government monthly.

The workshops shall, at a minimum, cover the following topics. Additionally, topics deemed necessary to adequately present the topic and meet objectives may be added, but will not exceed the 8 hours of the workshop.

A. Core Curriculum Requirements:

1. Mentor Protégé Program Overview

2. Cybersecurity

a. Legislation and policy

b. What is DFARS Subpart 204.73, Safeguarding Covered Defense Information and

Cyber Incident Reporting (Revised December 28, 2017)?

https://www.acq.osd.mil/dpap/dars/dfars/html/current/204_73.htm#204.7304

c. What is NIST SP 800-171?

d. What is Controlled Unclassified Information (CUI)?

e. Executive Order 13556 Controlled Unclassified Information

f. What is Covered Defense Information (CDI)?

g. What is risk management?

h. What does DFARS 204.73 require Contractors and Sub-contractors to do?

i. DFARS Cyber Security requirements

j. What contracts and contractors/sub-contractors are impacted?

k. Flow down security requirements to subcontractors and sub-subcontractors

l. Safeguarding covered defense information

• What is “adequate security”

• What information is to be protected

• What is a covered contractor information system?

• Security requirements (NIST System Security Plan)

m. Cyber incident reporting

• Breach response

• Damage assessment

• Malicious software

n. Implementation steps

o. Cloud computing service requirements (DFARs 252.239-7010)

p. Implementing NIST SP 800-171

q. Overview of NIST SP 800-171

• The System Security Plan

• Approaches to meeting NIST SP 800-171

• Best practices

• Dos and Don’ts

• Scenario examples

• Resources

3. Certifications (ISO, CMMI, etc.)

a. Significance

b. Types

c. Considerations and Benefits

d. Best Practices

B. Minimum Workshop Logistics:

https://www.acq.osd.mil/dpap/dars/dfars/html/current/204_73.htm#204.7304

1. Period of performance: The contractor shall conduct 40 workshops in the base 12 month period. Further, they will conduct 40 workshops for each option period exercised.

2. The contractor must conduct a minimum of (4) workshops per identified region- see Attachment 1 for region identification.

3. Each individual workshop shall not last longer than one 8 hour day in length.

4. The venues that the contractors conduct the training in must accommodate a minimum of 100 small business attendees per workshop.

• A minimum 25% of seats must be available for non-current suppliers.

• Multiple venues per same geographic region may be used to meet this requirement on the same day, however venues must be electronically connected to allow for real time questions and must have event staff on-site.

5. Each workshop must be available via a readily accessible online tool for participants that cannot attend in person. The contractor must hold the workshop on-line (Facebook live, or webinar, etc.), open to the public and free of charge.

6. The contractor shall film and record at least one workshop & deliver the recorded media to the Government for future online training. The contractor shall grant a nonexclusive perpetual unlimited rights license IAW DFARS 252.227-7015.

7. The contractor shall register attendees for the workshops:

• Small business attendees must be registered in SAM.gov or willing to register in order to register for the workshop.

• Registration must capture, at a minimum, the following: attendee name, attendee contact information, attendee company name, company address, CAGE code, primary NAICS, core business area, number of years in business and number of full time employees. Contractor shall report the information in the Monthly Progress Report (CDRL A001).

8. When possible, preference should be for utilization of Mentors’ facilities or Mentor partner facilities for workshops to minimize costs.

• Use of existing Mentor facilities/equipment and in-kind resources is acceptable.

9. Travel expenses will comply with the Joint Travel Regulation (JTR) requirements.

• The Government will only pay for Mentor and trainer travel expenses.

• Small business attendees are responsible for any expenses related to their attendance.

10. Contractor shall regularly report their marketing/outreach actions during the contract in the Monthly Progress Report (CDRL A001).

11. The contractor shall hold a kickoff meeting within the first 20 days of contract start date.

12. The contractor shall conduct post workshop surveys to obtain feedback from workshop attendees to: 1) determine if workshop objectives were met, 2) evaluate instructor performance, and 3) evaluate administration/registration process. Contractor shall include the Feedback Summary with the feedback forms in the Monthly Progress Report (CDRL A001).

13. The contractor shall make all workshop materials (presentations, handouts, etc.)

electronically available. It is optional for a Mentor to provide hardcopies of workshop materials.

Required Meetings and Attendance/Deliverables: The contractor shall attend the following meetings and deliver the following deliverables.

1. Deliverables:

a. Submittals: Mentor shall submit deliverables providing performance, progress on meeting milestones and metrics in accordance with the technical proposal and this performance work statement (see below specific deliverables and attached CDRLs).

b. Invoices shall be submitted using oldest funds first at the CLIN level. Invoices must be submitted monthly and in tandem with the monthly progress report so that work completed can be aligned with the work being billed for that month.

2. Program Kick-Off Meeting:

a. Purpose: The one day kick-off meeting will allow the Government to brief the Mentor on contract and program requirements.

b. Date/Time: Will be conducted within 20 days after contract award. Exact date and time will be coordinated with the Mentor upon contract award.

c. Location: Secretary of the Air Force Small Business, Pentagon Washington, D.C. or at the Mentor/Protégé’s facility in the Washington D.C area, or at another location agreed upon by all team members in advance.

d. Required Attendees: Mentor and Government.

e. Submittals: Mentor shall submit the following deliverables:

1) Mentor shall submit an updated WBS and Project Schedule in electronic format to the Air Force MP Program Manager at the meeting.

2) Mentor shall submit presentation materials in editable electronic format no later than three (3) workdays prior to the day of the scheduled kick-off meeting to all attendees via email to the Secretary of the Air Force Small Business usaf.pentagon.saf-sb.mbx.saf-sb-workflow@mail.mil, DCMA MentorProtegeInbox@dcma.mil, Contracting Officer’s email and Air Force Technical Advisor (Contracting Officer’s Technical Representative) e-mail addresses.

3) Mentor shall submit no later than 30 days after the Kick-Off meeting baseline program information and projected workshops for the upcoming six (6) month period to the Secretary of the Air Force Small Business usaf.pentagon.saf-sb.mbx.saf-sb-workflow@mail.mil e-mail address and directly to the Air Force Mentor Protégé Manager, Contracting Officer and the Air Force Technical Advisor (Contracting Officer’s Representative) e-mail addresses.

3. Monthly Progress Report (CDRL A001):

a. Purpose: To enable visibility and insight into the monthly progress, schedule and performance of the MPP Cyber Security Workshop contract.

b. Submittals: Mentor shall submit Monthly Progress Report in editable electronic format by the 15th of each month to the Secretary of the Air Force Small Business via usaf.pentagon.saf-sb.mbx.saf-sb-workflow@mail.mil (Attention: Mentor Protégé Program), the Air Force Mentor Protégé Program Manager and the Air Force mailto:usaf.pentagon.saf-sb.mbx.saf-sb-workflow@mail.mil mailto:MentorProtegeInbox@dcma.mil mailto:usaf.pentagon.saf-sb.mbx.saf-sb-workflow@mail.mil mailto:usaf.pentagon.saf-sb.mbx.saf-sb-workflow@mail.mil

Technical Advisor email addresses. In addition, electronically provide a copy of the monthly report to the Contracting Officer.

1) Monthly Progress Report shall include at minimum:

Report all items below in accordance with submitted Technical Proposal. To maintain visibility, clarity and transparency, the Monthly Progress Report shall detail the team’s activities, meetings, accomplishments, and any issues that may negatively affect the overall Mentor Protégé Program.

• Project status

• Accomplishments & work performed with discussion of variance from planned and scheduled

• Planned activities & scheduled work

• Personnel labor status (Subject Matter Experts - SMEs) associated with each level

• Subcontract - HBCU/MI, PTAC, MEP and/or SBDC status

• Financial Status

• Project challenges

• Issues impeding progress of the Cyber Security Workshops and proposed actions to overcome

• Risk analysis and proposed actions to mitigate risk

• Lessons learned

4. Program Management Reviews (PMRs):

a. Purpose: PMRs are conducted to obtain the progress of the MPP Cyber Security Workshop contract.

b. Date/Time: Four PMRs shall be conducted each year; these may be any combination of face-to-face or by teleconference as agreed upon by all team members in advance.

PMR #1 shall occur 1 to 3 months after contract award and PMR #2 shall occur 4 to 6 months after contract award. PMR #3 shall occur 7 to 9 months after contract award and PMR #4 shall occur 10 to 12 months after contract award. If the option years are exercised, the same pattern shall continue through the end of the contract. Exact date and time of all PMRs shall be coordinated with the mentor in advance.

c. Location: PMRs shall be conducted at the Secretary of the Air Force Small Business Office, Pentagon, Washington D.C.; at the Mentor’s facility; or at another location agreed upon by all team members in advance.

d. Required Attendees: Key Mentor personnel. HBCU/MI /PTAC/MEP/SBDC as appropriate, via teleconference.

e. Submittals: Mentor shall submit the following deliverables in conjunction with each scheduled PMR.

1) PMR Presentation Materials (CDRL A002)/ Sign-in Sheet: Submit all presentation materials and sign-in sheet in editable electronic format NLT three

(3) workdays prior to the scheduled PMR to all attendees via email to: the Secretary of the Air Force Small Business usaf.pentagon.saf-sb.mbx.saf-sb-workflow@mail.mil (Attention: Mentor Protégé Program), DCMA

MentorProtegeInbox@dcma.mil, Air Force Mentor Protégé Program Manager, and Air Force Technical Advisor e-mail addresses. In addition, provide only a Letter of Transmittal to the Contracting Officer and Contract Specialist.

2) PMR Meeting Minutes (CDRL A003) and Sign-in Sheet: Submit meeting minutes electronically NLT five (5) workdays following completion of each scheduled PMR to the Secretary of the Air Force Small Business via usaf.pentagon.saf-sb.mbx.saf-sb-workflow@mail.mil e-mail address invited and all attendees; and one copy to the Contracting Officer and Contract Specialist.

Submitted minutes must accurately document the PMR meeting and not contain generalities.

5. Annual DoD (Office of Secretary of Defense (OSD)) - Office of Small Business

Programs – Mentor Protégé Conference: The Mentor shall attend the annual DoD Mentor Protégé Conference. For cost estimating purposes, this conference is normally held in the third or fourth quarter of the fiscal year. This conference is normally held for 5 days. The offeror should include up to two representatives from the Mentor to attend the annual MP conference, and they should be included in the offeror’s proposal.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 40 Each AF MPP CyberSec Requirements Education

FFP

AF MPP CyberSec Requirements Education Support Services - Base Period (12 months) - Contractor will provide 40 workshops per their proposal. Contractor shall provide all labor, materials and travel to execute the workshops.

FOB: Destination

NET AMT

mailto:MentorProtegeInbox@dcma.mil

1001 40 Each OPTION AF MPP CyberSec Reqs Education-OptionPd1

FFP

AF MPP CyberSec Requirements Education Support Services - Option Period 1 (12 months) - Contractor will provide 40 workshops per their proposal. Contractor

2001 40 Each OPTION AF MPP CyberSec Reqs Education-OptionPd1

FFP

AF MPP CyberSec Requirements Education Support Services - Option Period 2 (12 months) - Contractor will provide 40 workshops per their proposal. Contractor

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 24-SEP-2018 TO

23-SEP-2019

N/A SAF/SB - F1AF25

DAVID SIKORA

OFFICE 1060 AIR FORCE PENTAGON,

4E268

WASHINGTON DC 20330-1060

571-256-7756

F1AF25

1001 POP 24-SEP-2019 TO

23-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 24-SEP-2020 TO

23-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-6 Unique Entity Identifier OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION

2018-O0013)

APR 2018

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.223-4 Recovered Material Certification MAY 2008

52.223-13 Acquisition of EPEAT - Registered Imaging Equipment (Jun 2014)

JUN 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.

DEC 2016

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.244-6 Subcontracts for Commercial Items JUL 2018 252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7017 Identification and Assertion of Use, Release, or Disclosure

Restrictions

JAN 2011

252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions

JAN 2011

252.227-7026 Deferred Delivery Of Technical Data Or Computer Software APR 1988 252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7038 Patent Rights--Ownership by the Contractor (Large Business) JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

ALTERNATE I (OCT 2014)

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

https://www.sam.gov/portal

“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.

“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.

“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.

(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.

https://www.acquisition.gov/

(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—

(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.

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

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) 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:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(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:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(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:

[List as necessary]

(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:

Line Item No.: Country of Origin:

[List as necessary]

(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

Line Item No.: Country of Origin:

[List as necessary]

(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.