H92240-10-R-0027 PEER DIVERSITY RESEARCH AND MARKETING.doc

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK (SOW)

STATEMENT OF WORK

FOR

PEER DIVERSITY RESEARCH AND MARKETING

PART I: GENERAL INFORMATION

OBJECTIVE: Increase minority (particularly African American) SEAL Qualification Training (SQT) graduation numbers for both officers and enlistees.

1.0 INTRODUCTION

Requirement arises from identification of a demographic disparity across Naval Special Warfare (NSW). Specifically, this contract will attempt to create a mechanism to enhance Naval Special Warfare’s ability to conduct outreach, raise awareness, and increase self-selection to a career as a SEAL within minority communities-- particularly the African American population.

1.1 BACKGROUND

1.1.1 Minority outreach and recruiting are functions managed by the NSW Force Diversity Officer under the Naval Special Warfare Recruiting Directorate (RD). One of the challenges the RD faces is traditionally low representation among minorities. Representation from the African American community has the widest discrepancy. There are sustainment, societal, educational, and operational drawbacks to failing to correct this disparity.

1.1.2 Gaps exist in minority representation in both officer and enlisted ranks for Special Warfare operators. Diverse officers represent only ten percent of the officer pool (African Americans represent less than 2% of SEAL officers). Diverse enlisted SEALs account for less than twenty percent of the total SEAL enlisted population. The intent of senior Navy leaders is to build a force that represents the demographics of the nation by the year 2037. Specifically, the Navy hopes to field a flag-eligible officer pool that is thirty-six percent diverse (further broken down to ten percent African American, thirteen percent Asian, Pacific Islander, Native American, and thirteen percent Hispanic. To achieve this alignment, NSW will need to graduate fifteen to sixteen diverse officers through SEAL Qualification Training (SQT) annually while maintaining traditional retention rates starting in 2011. To achieve similar percentages in the enlisted ranks will require 40-50 minority SQT graduates annually.

1.1.3 In addition to the desire to more closely reflect the demographics of the country at large, NSW required mission capabilities are also important factors that necessitate closing the diversity gap. NSW anticipates future mission requirements in Africa, South America, and Southeast Asia.

Traditional SEAL Team demographics will not support some of the emerging mission elements that will be required in these theaters.

1.1.4 Basic Underwater Demolition /SEAL training (BUD/S) is widely considered one of the most mentally and physically rigorous military training programs in the world. Historically, approximately 75% of candidates entering

BUD/S training do not complete the course. The intent of BUD/S training is to produce world class special operations warriors, with particular expertise in the maritime environment, who can execute a full range of special operations missions while operating from the Sea, Air, or Land.

1.1.5 The NSW RD has conducted significant research to differentiate historically successful BUD/S candidates from unsuccessful ones. The resulting profile of a “High Potential Candidate” (HPC) has allowed the RD to focus awareness efforts on higher quality potential candidates. Further, the NSW RD has devised methods to maximize interactions between

SEALs and HPCs. However, there remains an unfulfilled requirement to find significant numbers of minority HPCs and to arrange the necessary encounters with NSW representatives that will lead to self-selection of proper numbers of these candidates. The intent of this Statement of Work is to find a solution to this requirement gap through marketing and awareness efforts.

PART II: FOCUS and PHASES

2.0 SCOPE

NSW seeks to engage student peer marketing groups in a curriculum-based program to conduct research, develop a precisely-targeted marketing strategy, and execute that strategy on their campuses and at nearby educational and supporting institutions. We expect to engage marketing classes at eight institutions of higher education. These classes will be expected to conduct the project on their own campuses and, as appropriate, at neighboring colleges and junior colleges, area club sports facilities, minority support organizations, and other venues as appropriate. NSW requires the Contractor to secure two (2) Historically Black Colleges / Universities within the eight (8) participating peer marketing groups.

For all peer marketing group consideration, NSW RD will consider recommendations for geographic scope based on areas most promising for outreach to minority HPCs. However, reasonable proximity to NSW fleet concentration areas (Norfolk / Virginia Beach, San Diego, Los Angeles) and areas of governmental influence (Washington, DC / Baltimore) will provide more frequent opportunities for active duty SEAL involvement and may be looked upon as offering better potential for successful project execution. Additionally, potential contact with gross numbers of minority (AA) HPCs, rather than percentages within the student population, should be an important factor in selection of institutions to engage.

2.1 Phased Approach

2.1.1 Phase ONE: Market Research

Contractor shall engage, and secure participation agreements with, eight peer marketing groups (selected undergraduate marketing classes) to conduct research that will facilitate the following:

2.1.1.0. Identifying the target market’s (AA HPCs) baseline level of awareness of NSW within the defined populations/geographies subject to this study. Devise methods of measurement for describing the starting state of NSW awareness prior to engaging in a marketing effort.

2.1.1.1. Identifying the target market in detail. Use previous studies* and all other pertinent resources available to identify as many specific characteristics as possible of minority HPCs. Develop a discrete profile to describe an African American (AA) HPC.

2.1.1.2. Identifying the challenges and barriers potentially impeding minority HPCs from becoming aware of and selecting NSW career options.

2.1.1.3. Developing a thorough understanding of the challenges and expectations of NSW accession and training. Specifically, build an awareness of the reasons for the traditionally high attrition rates, progressive performance standards during training, “hell week” issues, etc.

2.1.2 Phase TWO: Marketing Strategy/Awareness Campaign Development

Contractor shall engage the eight peer marketing groups (selected undergraduate marketing classes) to utilize their research findings to develop a strategic marking plan aimed at spreading awareness of NSW career opportunities to AA HPCs with the goal to increase AA accessions to BUD/S and AA graduations from SEAL Qualification Training (SQT). Elements to be included, at a minimum, are:

2.1.2.1. Formulation of strategies to deliver the SEAL message and

‘brand’ most effectively to minority HPCs.

2.1.2.2. Courses of action (COA) proposing effective ways to engage

HPCs with NSW representatives.

2.1.2.3 Courses of action (COA) proposing effective ways to engage

HPCs without active duty SEALs.

2.1.2.4. Methods for HPC data collection. Develop a Contact

Management system to track HPCs through the steps of self-selection to include entry point (number of engagements before a HPC ”opts in” by requesting more information) and exit points for candidates that start the process but opt out.

2.1.3 Phase THREE: Awareness Campaign Execution

Contractor shall engage the eight peer marketing groups (selected undergraduate marketing classes) to execute the strategic marking plan developed in Phase TWO. At a minimum, this phase should incorporate:

2.1.3.1. Placement and delivery of the SEAL message and ‘brand’ for effective exposure to minority HPCs.

2.1.3.2. Implementation of the accepted and refined courses of action

(COA) to engage HPCs with NSW representatives.

2.1.3.3. HPC data collection. Implement the Contact Management system developed in Phase TWO to track HPCs through the steps of self-selection.

2.1.3.4. Development of methods to assist minority (AA) HPCs in the self-selection process while maintaining realistic and appropriate expectations.

2.1.3.5. Analysis and measurement of target market’s (AA HPCs) final level of awareness of NSW. Prepare a final report detailing the increase

(if any) in awareness of SEAL and NSW within the target market.

PART III: REQUIREMENTS

3.0 CONTRACTOR SUPPORT, DELIVERABLES, GOALS

3.1 Securing Peer Marketing Groups

Contractor shall secure participation agreements with eight peer marketing groups (PMG). These PMG shall be further defined as senior (4xx series) level undergraduate marketing classes enrolled at an accredited four year college or university.

3.1.1 Selection of the Contractor shall take into consideration criteria and methods to be employed in enrolling the most promising PMGs. These criteria should include PMG’s potential to meet the requirements of section TWO above, as well as the following:

3.1.1.1 Ability to reach the greatest number of minority (AA) HPCs.

Identify a school’s overall numbers of AA HPCs rather than percentages of the subject population.

3.1.1.2 Proximity to NSW supporting resources and fleet concentration:

Washington DC / Baltimore, Norfolk, San Diego, Los Angeles.

3.1.1.3 Ability to service NSW’s historically successful geographies for

SEAL candidates (listed in order of success): Maryland, Ohio, Illinois, Minnesota, Virginia, Colorado, Indiana, Massachusetts, Michigan, New

England, New York, Pennsylvania, Florida, Missouri, South Carolina.

3.1.1.4 Ability to service institutions that support sports and activities which indicate statistical success in NSW training (listed in order of precedence): boxing, wrestling, track and field (middle to long distance runners in particular), swimming, football, cross country, water polo, triathlon, lacrosse, rugby.

3.1.1.5 Public, as opposed to private schools.

3.1.1.6 Schools with which the Contractor has established working relationships.

3.1.1.7 Proximity of PMG candidate schools to feeder institutions (junior colleges, other four year colleges, athletics clubs, minority organizations, etc.).

3.1.1.8 Faculty support of PMG candidate institutions.

3.1.2 Each PMG for consideration must have a sufficient number of students and a base of academic prerequisites to enable them to quickly, accurately, and effectively—with the help of NSW key personnel and existing research—achieve the following:

3.1.2.1 Gain an in-depth understanding of the challenges associated with defining, locating, and creating a focused way to appeal to, minority (AA)

HPCs concerning NSW (SEAL) career opportunities.

3.1.2.2 Gain an in-depth understanding of the challenges associated with accession to, and completion of, Basic Underwater Demolition / SEAL

(BUD/S) training and SEAL Qualification Training (SQT).

3.1.2.3 Gain an in-depth understanding of the challenges associated with recruiting individuals for Basic Underwater Demolition / SEAL (BUD/S) training and SEAL Qualification Training (SQT), while maintaining accurate and appropriate expectations.

3.1.2.4 Formulate methods for, and identify opportunities to, conduct precisely-targeted marketing efforts to minority HPCs.

3.1.2.5 Identify steps required for a minority HPC to move from “unaware” to “self-selecting” into an NSW career.

3.1.2.5.1Examine specific mental and attitudinal processes required to advance through the process.

3.1.2.5.2 Address barriers to the natural progression of self-selection steps, and present solutions support overcoming them.

3.1.3 Develop and execute a strategic outreach and awareness-building plan geared toward establishing NSW as a highly-appealing career opportunity to minority HPCs.

3.1.4 Define measures of effectiveness, to include:

3.1.4.1 Quantification of the initial level of awareness of NSW career opportunities among HPCs.

3.1.4.2 Identification of milestones leading to major goals, and criteria for successful completion of these milestones.

3.1.4.3 Measure effectiveness of marketing strategy to include quantified changes in awareness levels about NSW career opportunities among HPCs.

3.2 Research Findings

Contractor shall direct the eight peer marketing groups (PMG) to conduct market research and deliver all findings of that research to NSW RD. Specific questions to be answered by this research effort are (list not exhaustive):

3.2.0 What is the initial level of awareness about NSW / SEAL career opportunities among the minority (AA) HPCs in the study?

3.2.1 What are the elemental characteristics of a minority (AA) HPC?

3.2.1.1 Demographics

3.2.1.2 Family characteristics

3.2.1.3 Athletic skills

3.2.1.4 Academic skills

3.2.1.5 Leisure interests

3.2.1.6 Career aspirations

3.2.1.7 Any other elements that may indicate commonality among minority HPCs.

3.2.2 What are the barriers to minority HPC self-selection into a career in NSW and the Navy SEALs?

3.2.3 What are the remedies to the barriers to minority HPC self-selection into a career in NSW and the Navy SEALs?

3.2.4 Where are the best places to appeal to minority (AA) HPCs regarding opportunities as SEALs and SEAL officers?

3.2.5 What are the best ways to present the SEAL message to appeal to minority (AA) HPCs regarding opportunities as SEALs and SEAL officers?

3.2.6 What are the most promising types of engagements to appeal to minority (AA) HPCs regarding opportunities as SEALs and SEAL officers?

3.2.7 Who delivers the SEAL message to minority (AA) HPCs most effectively?

3.2.8 What is the final level of awareness about NSW / SEAL career opportunities among the minority (AA) HPCs in the study?

3.3 Strategic Marketing / Awareness Campaign Plan

Contractor shall direct the eight peer marketing groups (PMG) to utilize their findings from paragraph 3.2 to develop an awareness campaign to appeal to and inspire HPCs to seek greater awareness of NSW/SEAL career opportunities (to “opt in” by requesting more information). Plans should incorporate all of the elements of paragraph 2.1.2 above, as well as any other strategies to meet the objective. PMGs will be required to present the plan for this campaign for NSW RD approval.

3.4 Strategic Marketing / Awareness Campaign Execution

Contractor shall direct the eight peer marketing groups (PMG) to, with NSW RD concurrence and guidance, execute the plan they developed in paragraph 3.3 above. Contractor should provide reports as required to keep NSW apprised of progress and cognizant of emerging requirements.

3.5 Analysis of Campaign / Candidate Tracking and Management Data

Contractor shall direct the eight peer marketing groups (PMG) to develop a Candidate Management methodology.

3.5.1Develop a system for maintaining cognizance of and ensuring timely execution of the steps required to assist a candidate through self-selection.

3.5.2 Develop a way to track statistically and by individual HPC, “opt-ins” who request further information. (Contact information is required in order to eventually include these “opt in” personnel into the NSW RD Candidate Relationship Management (CRM) system.). This tracking model should be coordinated with the NSW RD so that it can track and tabulate candidates’ use of sealswcc.com, involvement with motivators and NRC mentors, and overall progress toward accession to BUD/S, among other metrics. Specific information to be gathered (list not exhaustive):

3.5.1.1 Number of individuals reached by awareness campaign.

3.5.2.2 Number of HPCs reached by awareness campaign.

3.5.1.3 Number of minority (AA) HPCs reached by awareness campaign.

3.5.1.4 Number of HPCs addressed by NSW representatives as a result of the awareness campaign

3.5.1.5 List of HPCs “opting in” (asking for more information, seeking follow-on engagement opportunities).

3.5.1.6 List of candidates submitting information to NSW RD’s CRM system

3.5.1.7 List of candidates starting SEAL challenge contract or NSW OCS application through Navy Recruiting Command

3.5.1.8 List of candidates completing SEAL Challenge Contract or OCS application through Navy Recruiting Command

3.5.1.9 List of candidates qualifying for SEAL Challenge Contract or OCS slot.

3.5.1.10 List of candidates accepted for SEAL Challenge Contract or OCS slot.

3.5.3 Candidate Management system should provide a gauge for measuring increased HPC NSW awareness by magnitude (how many have been made aware), for comparison to initial awareness state described by paragraph 3.2.0 above.

3.6 Program Feedback and Reporting

Contractor shall track and report the progress of the eight PMGs’ various phases of work to the NSW Diversity Officer (DO).

3.6.1 Develop and present to NSW DO, for approval and tracking, a Plan of

Action and Milestones (POA&M)

3.6.1.1 Define the milestones leading to major goals.

3.6.1.2 Develop a sequence of the performance of milestones

and subtasks supporting these milestones identifying due dates and responsible parties.

3.6.2 Develop and present to NSW DO, for approval and tracking, a plan for periodic reporting. Present sample documents and propose frequency and data to be presented.

3.7 Management and Communications

3.7.1 Contractor shall designate a senior single point of contact to serve as project manager for coordination and liaison with NSW.

3.7.2 Contractor shall coordinate a system for communications between

NSW RD (Diversity Officer or designated representative) and PMG representatives.

3.7.3 Contractor shall prepare and present to the NSW diversity team, a monthly brief to review progress, assess best practices, and propose changes to the strategic plan.

PART IV: GOVERNMENT GUIDANCE and SUPPORT

2.0 GENERAL EXECUTION and WORK RULES

2.1 Security Clearance

Unclassifed. All work will be executed at an unclassified level.

3.0 Place of Performance

Contractor shall create a presence at select universities, junior colleges, and other institutions with adequate populations of minority (AA) HPCs within discrete geographic locations. NSW RD will allow some flexibility for selection of these locations based on predicted effectiveness of the overall plan as it is presented. See sections 3.1.1.2 and 3.1.1.3 for further guidance.

4.0 Travel

6.1 Contractor shall budget for and cover travel costs associated with coverage of the agreed upon geography or campuses and supporting facilities (Recruiting Stations, aquatics facilities, etc.) and institutions. Any travel outside the agreed upon geography required or requested by NSW RD shall be conducted in accordance with the Joint Federal Travel Regulations (JFTR).

6.2 Contractor shall budget for, and cover the costs of all advertising, production, supporting materials, and incidentals associated with the conduct of this research, marketing, outreach, and candidate accession assistance effort.

5.0 Period of Performance

The Contractor shall perform work to accomplish tasks described above from the date of contract award, for a period not to exceed twelve (12) months. If all deliverables and requirements are met or exceeded, up to two (2) option years may be exercised at convenience to the government. Total period of performance for this request shall not exceed 3 years.

6.0 Government Supplied Materials

The government will support the Contractor to the extent possible with relevant documents, materials, working papers, and access to information as required, to provide assistance in the completion of stated tasks.

TECHNICAL EVALUATION CRITERIA

TECHNICAL EVALUATION CRITERIA

INSTRUCTIONS TO CONTRACTORS

1.0 Response must be submitted in three parts and each part shall be separate and complete in itself so evaluation of one may be accomplished independently of the other:

a). Technical b). Past Performance c). Price

2.0 Evaluation Criteria

This contract will be awarded to the Offeror whose proposal is considered to be the most advantageous to the Government BEST VALUE price and other factors (identified below) considered. For purpose of this evaluation: technical factors, (approach and experience) are more important than price in making the award determination.

A. Technical Approach

2.1 Technical Approach must not contain reference to cost; however, resource information (such as data concerning labor hours and categories, subcontracts, etc.) may be contained in the technical proposal so your understanding of the statement of work can be evaluated.

2.1.2 Contractors are to provide a discussion of their technical approach for providing the services required for this contract as shown below. When answering the questions; also identify any services that will be sub-contracted to a third party provider.

2.1.2.1 Potential to sufficiently deliver the items listed in paragraph THREE of this SOW.

2.1.2.2 Demonstrated level of understanding of the challenges NSW faces in overall recruiting efforts and the additional challenges of minority recruiting, including experience with NSW recruiting and experience in niche marketing to the African American community.

2.1.2.3 Confidence in provider’s ability to leverage existing relationships and networks.

2.1.2.4 Confidence in potential to most profoundly enhance NSW awareness among the greatest number and highest potential candidates.

2.1.2.5 Confidence in ability to most effectively and efficiently service a geographic area or discrete set of campuses at a reasonable investment,and with minimal travel time and expense.

2.1.2.6 Confidence in provider’s ability to engage the greatest number of,and highest quality student marketing groups.

PHASE ONE: MARKET RESEARCH

FFP

CONTRACTOR SHALL ENGAGE, AND SECURE PARTICIPATION AGREEMENT WITH EIGHT (8) PEER MARKETING GROUPS (SELECTED UNDERGRADUATE MARKETING CLASSES) TO CONDUCT RESEARCH AS PER ATTACHED STATEMENT OF WORK (SOW) PARA. 2.1.1.

FOB: Destination

PURCHASE REQUEST NUMBER: N0007410RCBB026

NET AMT

PHASE TWO: MARKETING STRATEGY / AWARENES

MARKETING STRATEGY / AWARENESS CAMPAIGN DEVELOPMENT AS PER STATEMENT OF WORK (SOW) PARA.2.1.2.

NET AMT

PHASE THREE: AWARENESS CAMPAIGN EXECUTIO

AWARENESS CAMPAIGN EXECUTION AS PER STATEMENT OF WORK (SOW) PARA.2.1.3.

NET AMT

ANALYSIS OF CAMPAIGN / CANDIDATE

ANALYSIS OF CAMPAIGN / CANDIDATE TRACKING AND MANAGEMENT DATA AS PER STATEMENT OF WORK (SOW) PARA. 3.5

NET AMT

TRAVEL

CONTRACTOR SHALL BUDGET FOR AND COVER TRAVEL COSTS ASSOCIATED WITH COVERAGE OF THE AGREED UPON GEOPGRAPHY OR CAMPUSES AND SUPPORTING FACILITIES (RECRUITING STATIONS, AQUATICS FACILITIES, ETC.) AND INSTITUTIONS AS PER STATEMENT OF WORK (SOW) PARA. 6.1 AND 6.2.

NET AMT

FFP

CONTRACTOR SHALL ENGAGE, AND SECURE PARTICIPATION AGREEMENT WITH EIGHT (8) PEER MARKETING GROUPS (SELECTED UNDERGRADUATE MARKETING CLASSES) TO CONDUCT RESEARCH AS PER ATTACHED STATEMENT OF WORK (SOW) PARA. 2.1.1.

NET AMT

FFP

MARKETING STRATEGY / AWARENESS CAMPAIGN DEVELOPMENT AS PER STATEMENT OF WORK (SOW) PARA.2.1.2.

NET AMT

FFP

AWARENESS CAMPAIGN EXECUTION AS PER STATEMENT OF WORK (SOW) PARA.2.1.3.

NET AMT

FFP

ANALYSIS OF CAMPAIGN / CANDIDATE TRACKING AND MANAGEMENT DATA AS PER STATEMENT OF WORK (SOW) PARA. 3.5

NET AMT

FFP

CONTRACTOR SHALL BUDGET FOR AND COVER TRAVEL COSTS ASSOCIATED WITH COVERAGE OF THE AGREED UPON GEOPGRAPHY OR CAMPUSES AND SUPPORTING FACILITIES (RECRUITING STATIONS, AQUATICS FACILITIES, ETC.) AND INSTITUTIONS AS PER STATEMENT OF WORK (SOW) PARA. 6.1 AND 6.2.

NET AMT

FFP

CONTRACTOR SHALL ENGAGE, AND SECURE PARTICIPATION AGREEMENT WITH EIGHT (8) PEER MARKETING GROUPS (SELECTED UNDERGRADUATE MARKETING CLASSES) TO CONDUCT RESEARCH AS PER ATTACHED STATEMENT OF WORK (SOW) PARA. 2.1.1.

NET AMT

FFP

MARKETING STRATEGY / AWARENESS CAMPAIGN DEVELOPMENT AS PER STATEMENT OF WORK (SOW) PARA.2.1.2.

NET AMT

FFP

AWARENESS CAMPAIGN EXECUTION AS PER STATEMENT OF WORK (SOW) PARA.2.1.3.

NET AMT

FFP

ANALYSIS OF CAMPAIGN / CANDIDATE TRACKING AND MANAGEMENT DATA AS PER STATEMENT OF WORK (SOW) PARA. 3.5

NET AMT

FFP

CONTRACTOR SHALL BUDGET FOR AND COVER TRAVEL COSTS ASSOCIATED WITH COVERAGE OF THE AGREED UPON GEOPGRAPHY OR CAMPUSES AND SUPPORTING FACILITIES (RECRUITING STATIONS, AQUATICS FACILITIES, ETC.) AND INSTITUTIONS AS PER STATEMENT OF WORK (SOW) PARA. 6.1 AND 6.2.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

11-JUL-2011

11-JUL-2011

11-JUL-2011

11-JUL-2011

11-JUL-2011

11-JUL-2012

11-JUL-2012

11-JUL-2012

11-JUL-2012

11-JUL-2012

11-JUL-2013

11-JUL-2013

11-JUL-2013

11-JUL-2013

11-JUL-2013

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-5 Women-Owned Business (OTHER THAN SMALL BUSINESS) (MAY 1999)

(a) Definition. Women-owned business concern, as used in this provision, means a concern 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ) is a women-owned business concern.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) 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 criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009) ALTERNATE I (APR 2002)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business 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 its stock is owned by one or more women; or

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

"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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (n) 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 on ORCA.]

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

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, 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)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) 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.

(7) 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:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

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

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

(ii) It ( ) is, ( ) is not a joint venture that complies with…