H92240-15-T-0011.doc

Section SF 1449 - CONTINUATION SHEET

Public Speaking & Writing Workshop

FFP

Public Speaking & Writing Workshop services IAW Performance Work Statement (Attachment I). Includes all costs such as labor, materials,and travel to perform the non-FLEX workshops.

Base Year

FOB: Destination

MILSTRIP: N0007415RCPM001

PURCHASE REQUEST NUMBER: N0007415RCPM001

NET AMT

FFP

Services IAW Performance Work Statement (Attachment I)

Base Year. Funding for this OPTION will be provided per OPTION, if required. This option may be exercised multiple times during the period of performance not to exceed 32 days; provided the Government provides the contractor at least 7 days advance notice of its intent to exercise the option.

Base Year

FOB: Destination

NET AMT

FFP

Services IAW Performance Work Statement (Attachment I)

Base Year. Funding for this OPTION will be provided per OPTION, if required. This option may be exercised multiple times during the period of performance not to exceed $25,988.80; provided the Government provides the contractor at least 7 days advance notice of its intent to exercise the option. Travel associated with services required in the PWS will be reimbursed IAW the Joint Federal Travel Regulation and will not include G&A or Profit. Invoices shall be submitted based on actual travel.

Base Year

NET AMT

FFP

Public Speaking & Writing Workshop services IAW Performance Work Statement (Attachment I). Includes all costs such as labor, materials,and travel to perform the non-FLEX workshops.

Option I

NET AMT

FFP

Services IAW Performance Work Statement (Attachment I)

Base Year. Funding for this OPTION will be provided per OPTION, if required. This option may be exercised multiple times during the period of performance not to exceed 32 days; provided the Government provides the contractor at least 7 days advance notice of its intent to exercise the option.

NET AMT

FFP

Services IAW Performance Work Statement (Attachment I)

Base Year. Funding for this OPTION will be provided per OPTION, if required. This option may be exercised multiple times during the period of performance not to exceed $26,508.58; provided the Government provides the contractor at least 7 days advance notice of its intent to exercise the option. Travel associated with services required in the PWS will be reimbursed IAW the Joint Federal Travel Regulation and will not include G&A or Profit. Invoices shall be submitted based on actual travel.

NET AMT

FFP

Public Speaking & Writing Workshop services IAW Performance Work Statement (Attachment I). Includes all costs such as labor, materials,and travel to perform the non-FLEX workshops.

Option II

NET AMT

FFP

Services IAW Performance Work Statement (Attachment I)

Base Year. Funding for this OPTION will be provided per OPTION, if required. This option may be exercised multiple times during the period of performance not to exceed 32 days; provided the Government provides the contractor at least 7 days advance notice of its intent to exercise the option.

NET AMT

FFP

Services IAW Performance Work Statement (Attachment I)

Base Year. Funding for this OPTION will be provided per OPTION, if required. This option may be exercised multiple times during the period of performance not to exceed $27,038.75; provided the Government provides the contractor at least 7 days advance notice of its intent to exercise the option. Travel associated with services required in the PWS will be reimbursed IAW the Joint Federal Travel Regulation and will not include G&A or Profit. Invoices shall be submitted based on actual travel.

NET AMT

FFP

Public Speaking & Writing Workshop services IAW Performance Work Statement (Attachment I). Includes all costs such as labor, materials,and travel to perform the non-FLEX workshops.

Option III

NET AMT

FFP

Services IAW Performance Work Statement (Attachment I)

Base Year. Funding for this OPTION will be provided per OPTION, if required. This option may be exercised multiple times during the period of performance not to exceed 32 days; provided the Government provides the contractor at least 7 days advance notice of its intent to exercise the option.

III

NET AMT

FFP

Services IAW Performance Work Statement (Attachment I)

Base Year. Funding for this OPTION will be provided per OPTION, if required. This option may be exercised multiple times during the period of performance not to exceed $27,579.52; provided the Government provides the contractor at least 7 days advance notice of its intent to exercise the option. Travel associated with services required in the PWS will be reimbursed IAW the Joint Federal Travel Regulation and will not include G&A or Profit. Invoices shall be submitted based on actual travel.

Option III

NET AMT

FFP

Public Speaking & Writing Workshop services IAW Performance Work Statement (Attachment I). Includes all costs such as labor, materials,and travel to perform the non-FLEX workshops.

Option IV

NET AMT

FFP

Services IAW Performance Work Statement (Attachment I)

Base Year. Funding for this OPTION will be provided per OPTION, if required. This option may be exercised multiple times during the period of performance not to exceed 32 days; provided the Government provides the contractor at least 7 days advance notice of its intent to exercise the option.

NET AMT

FFP

Services IAW Performance Work Statement (Attachment I)

Base Year. Funding for this OPTION will be provided per OPTION, if required. This option may be exercised multiple times during the period of performance not to exceed $28,131.11; provided the Government provides the contractor at least 7 days advance notice of its intent to exercise the option. Travel associated with services required in the PWS will be reimbursed IAW the Joint Federal Travel Regulation and will not include G&A or Profit. Invoices shall be submitted based on actual travel.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

07-DEC-2015

DELIVERY WILL BE IDENTIFIED

AT THE DO/TO LEVEL OR ON

THE PO SCHEDULE

. CA

07-DEC-2015

07-DEC-2015

07-DEC-2016

07-DEC-2016

07-DEC-2016

07-DEC-2017

07-DEC-2017

07-DEC-2017

07-DEC-2018

07-DEC-2018

07-DEC-2018

07-DEC-2019

07-DEC-2019

07-DEC-2019

CLAUSES INCORPORATED BY REFERENCE

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 ( ) have not ( ), 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)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

ADDENDUM TO FAR 52.212-1

QUOTE PREPARATION and SUBMISSION INSTRUCTIONS

Vendors may submit written questions during the quote preparation period. All questions must be received no later than 1000 PST on 20 November 2014 to allow NSWC adequate time to prepare and issue responses to all Vendors prior to the date and time set for receipt of quotes. NSWC will continue to accept written questions up to the closing time of the solicitation; however, time may not permit responses to those questions. Only written questions will receive a response. It is required that each question should include the document name, document date, specific page, paragraph, clause, or other definitive citation requiring clarification.

Comprehensive responses to the requirements of this Request for Quote (RFQ) are required to enable the Government to evaluate the quoter’s understanding of, capability and approaches to accomplish the stated requirements. Quotes shall be submitted in accordance with the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote.

VOLUME FORMAT AND CONTENT

Electronic quotes shall contain separate files for each volume. Individual emails shall not exceed 10 MB and shall not include .zip files.

To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for final quote submission. An E-mail quote that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for quote submission will be considered late. Therefore, it is incumbent upon the quoter to ensure that its entire quote is received by the Agency by the designated due date.

A. VOLUME 1: GENERAL

Signed SF1449: Quoters shall provide a completed and signed SF1449 including that the quote is firm for a period of not less than 180 calendar days.

Fill-In Provisions: Quoters shall provide all fill-ins or certifications required by the solicitation for inclusion in any resulting contract.

Terms and Conditions: Quoters must include a statement that it either (a) agrees to the terms and conditions of this solicitation (which consists of the entire RFQ, including all documents, exhibits, and other attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or (b) takes exceptions to any terms or conditions of the solicitation, and clearly identifies those exceptions. Exceptions to any of the terms and conditions of this RFQ may be considered by the Government to be unacceptable.

B. VOLUME 2: TECHNICAL QUOTE

The Technical Quote shall be as specific and complete as to clearly demonstrate to the Government that the quoter has a thorough comprehension and capabilities to perform all aspects of the solicitation requirements.

Factor 1: Key Personnel

Submission Requirements: The quoter shall provide a narrative for two proposed instructors’ experience and qualifications clearly demonstrating how, when and where the minimum education and experience requirements outlined in paragraph 9.1 of the performance work statement are met. Experience shall reflect the nature of the experience including subjects taught, dates of the experience, target audience, and number of contact hours. A "contact hour" is an instructional period lasting at least 50 minutes.

Factor 2: Past Performance

Submission Requirements: The quoter shall use Attachment III- Past Performance Information Form and Attachment IV- Past Performance Questionnaire. The quoter must state if the company has not performed any contracts within the size and/or scope of this contract. Past Performance information shall describe the quoter's past collective expertise used on previous contracts similar to the work to be performed (relevancy) under this contract. Quoters are encouraged to submit any information it considers relevant in demonstrating its ability to perform the proposed effort. Past Performance information is limited to three (3) of the most recent/current programs (within the last 3 years) that are similar in scope and magnitude to this requirement. The quoter shall immediately forward the Past Performance Questionnaire for completion by references for projects cited under the past performance factor. Quoters shall request their references return the past performance questionnaire to the Government by the closing date of this solicitation so that the Government receives as many references as possible on or before the due date for the receipt of quotes.

C. VOLUME 3: PRICE

Factor 3: Price

Submission Requirements: The quoter shall provide firm fixed unit and total prices for all contract line item descriptions in the Schedule of Prices in accordance with Contract Line Item Number (CLIN) structure. For pricing purposes, the quoter shall enter $25,988.80, $26,508.58, $27,038.75, $27,579.52, and $28,131.11 for CLINs 0003, 1003, 2003, 3003, and 4003 respectively.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

Factor 1 – Key Personnel Factor 2 – Past Performance

Factor 3 – Price Factor 1 – Key Personnel

Evaluation Methodology: The Government will evaluate the depth, recency, and relevancy of the proposed instructors’ qualifications and experience as compared to the minimum requirements outlined in this solicitation at Paragraph 9.1 – Instructor Qualifications. Relevant experience includes providing training in similar working environments and involving subject matter that is considered to be similar to the requirements described in this solicitation.

Factor 2 - Past Performance

Evaluation Methodology: Past performance will be evaluated based on relevancy and confidence. For the Past Performance factor, the ratings identified in Tables 1 and 2 below, entitled “Past Performance Relevancy Ratings Table” and “Past Performance Confidence Assessment Ratings Table”, will be used for the assignment of ratings for relevancy and past performance confidence assessment.

Past Performance will be assessed as follows:

The Government’s evaluation will focus only on work experience already performed. Work yet-to-be performed, and work prior to the last 3 years from the closing date of this solicitation, will not be considered. In addition, performance data will only be assessed for those references demonstrating at least 1 year of completed performance prior to the closing date of the solicitation.

Past Performance Relevancy Ratings – Regarding relevancy, each past performance reference under each quoter’s Past Performance submission will be evaluated to determine scope and magnitude relative to the requirement. The following definitions will apply to this evaluation:

Scope: Experience in the areas defined in the PWS.

Magnitude: The measure of the similarity of the dollar value of work actually performed under the quoter’s contract or contracts, during the relevant period established by the solicitation.

Quoters lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance. However, the quote with no relevant past performance history, while not rated favorably or unfavorably for past performance, may not represent the most advantageous quote to the Government. In this instance, the quoter will receive a rating of “Not Relevant” in the past performance evaluation.

Past Performance Confidence Assessment Ratings – Past Performance Confidence Assessment Ratings – The overall assigned rating for Past Performance will be the Past Performance Confidence Assessment rating. The assignment of this rating will be based on the quality of the relevant past performance. The quality of performance under a past performance reference that that has no relevance to the instant requirement will not be considered in the overall assessment of Past Performance Confidence.

In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available, the quoter may not be evaluated favorably or unfavorably on past performance rather the quoter will receive an “Unknown Confidence” rating.

In order to verify past performance information and determine the quality of the past performance submission, the Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires (i.e. the Past Performance Information Form), telephone interviews and existing data sources to include but not limited to the Past Performance Information Retrieval System (PPIRS). The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. This past performance information will be used for the evaluation of past performance.

This evaluation and rating are separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the quoter’s past performance will be used as a means of evaluating the relative capability of the quoter and other competitors to successfully meet the requirements of the RFQ. In determining the rating for the past performance evaluation factor, the Government will give greater consideration to the contracts which the Government considers are most relevant to the RFQ.

Factor 3 - Price Evaluation Methodology: All prices, including FAR 52.217-8 and other options, will be evaluated for reasonableness in accordance with FAR 52.217-5, Evaluation of Options, and FAR 13.106-3(a).

Although price is considered in a manner that makes it less important than the past performance factor, it has the potential to become more significant during the evaluation process. The degree of importance of the price will increase with the degree of equality of the quotes in relation to the other factor on which selection is to be based. The importance of price will also increase when a quote's price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the offer. If, at any stage of the evaluation, all quoters are determined to have submitted equal, or virtually equal, or generally equivalent, past performance quotes, price could become the factor in determining which quoter shall receive the award.

Rating Tables

Factor 1 – Key Personnel.

The following ratings will be used in the evaluation of the Key Personnel factor.

Factor 2 – Past Performance.

The following relevancy ratings will be used in the evaluation of the Past Performance factor.

The following Confidence Assessment ratings will be used in the evaulation of the Past Performance factor.

SOURCE SELECTION DECISION

The Government intends to evaluate quotes and award a contract using the procedures of FAR 13.5, Test Program for Certain Commercial Items. The Government shall select the vendor whose quote represents the best value to the Government, considering key personnel, past performance, and price when compared to other quotations. The Government also reserves the right to not award a contract if a contract award is not in the best interest of the Government. The evaluation will consider Past Performance to be more important than Key Personnel; and when combined, non-price factors are significantly more important than Price.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013) ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (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, as used in this section, 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). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“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.

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.

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 small business concern" means a small business concern—

“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 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 electronically on the SAM website.

(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 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 to paragraphs (c)(8) and (9): 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) [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 SAM Dynamic Small Business Search database maintained by the Small Business Administration , 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)(10)(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: ________________.]

(11) 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…