H98210-10-R-0002.doc

Section SF 1449 - CONTINUATION SHEET

DEFENSE HUMAN RESOURCES ACTIVITY (DHRA)

DEFENSE SEXUAL ASSAULT

INCIDENT DATABASE (DSAID)

FOR THE

SEXUAL ASSAULT PREVENTION AND

RESPONSE OFFICE (SAPRO)

ALL PRODUCTS AND SERVICES TO BE IN ACCORDANCE

WITH THE ATTACHED STATEMENT OF WORK (SOW)

BASE YEAR:

APRIL 16, 2010 – APRIL 15, 2011

COTS CMS software package

FFP

FOB: Destination

ESTIMATED

NET AMT

Configuration & Customization

(Functionality & Enhancements)

Not to Exceed (NTE) $5,000,000

ESTIMATED

Interfaces

ESTIMATED

Monthly Status Reports

ESTIMATED

OPTION YEAR 1:

APRIL 16, 2011 – APRIL 15, 2012

FFP

(Functionality & Enhancements)

Not to Exceed (NTE) $5,000,000

ESTIMATED

ESTIMATED

ESTIMATED

OPTION YEAR 2:

APRIL 16, 2012 – APRIL 15, 2013

FFP

(Functionality & Enhancements)

Not to Exceed (NTE) $2,850,000

ESTIMATED

ESTIMATED

ESTIMATED

OPTION YEAR 3:

APRIL 16, 2013 – APRIL 15, 2014

FFP

(Functionality & Enhancements)

Not to Exceed (NTE) $700,000

ESTIMATED

ESTIMATED

ESTIMATED

OPTION YEAR 4:

APRIL 16, 2014 – APRIL 15, 2015

FFP

(Functionality & Enhancements)

Not to Exceed (NTE) $700,000

ESTIMATED

ESTIMATED

ESTIMATED

ESTIMATED

ADDENDUM TO SF1449

Administration Information

A. Points of Contact:

Contracting Officer:

TBA at contract award

4040 N. Fairfax Drive, Ste. 120

Arlington, VA 22203

Telephone: TBA

FAX: TBA

Email: TBA Contract Specialist:

Melanie Thornsbury

4040 N. Fairfax Drive, Ste. 120

Arlington VA 22203

Telephone: 703-696-8649

FAX: 703-588-1489

Email: melanie.thornsbury@osd.pentagon.mil Contracting Officer's Representative:

TBA at contract award

(COR)

Address: TBA

Telephone: TBA

FAX: TBA

Email: TBA The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery or any other terms and conditions of the contract. Reference DFARS clause 252.201-7000 (Contracting Officer’s Representative).

B. ADMINISTRATION, ACCOUNTING, AND APPROPRIATION DATA

The Administration Office and Accounting & Appropriation Data will be specified on each individual delivery/task order issued against the contract. Payment will be made by Government Purchase Card (GPC).

C. INVOICE SUBMISSION

1. Payment shall be based on receipt of a proper invoice and satisfactory contract performance (as indicated on the respective Receiving Report completed by the COR). The Contractor shall comply with the content of invoice requirements specified at FAR Clause 52.212-4, paragraph (g) "Invoices." Failure to provide a proper invoice may result in return of invoice for correction and delay of payment.

2. The Contractor shall submit an original invoice to:

Mail:

DHRA PSO

ATTN: INVOICE PROCESSING – GPC

4040 N. FAIRFAX DRIVE, STE. 120

ARLINGTON VA 22203

Fax:

703-588-1489

D. COMMERCIAL PROVISION - SECTION 508 – IT REQUIREMENT

All electronic hardware and software procured under this contract/purchase order must comply with Section 508 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. 794d) and the Architectural and Transportation Barriers Compliance Board Electronic Information Technology (EIT) Accessibility Standards (36 CFR part 1194). Further information is available via the Internet at http://www.section508.gov.

E. CONTRACT TYPE

Contract award type shall be a Firm-Fixed Price, Indefinite Delivery/Indefinite Quantity (IDIQ) Requirements Contract. The Period of Performance shall be a 12 month base period from date of award with four 12 month option periods.

STATEMENT OF WORK

DEFENSE SEXUAL ASSAULT INCIDENT DATABASE (DSAID)

INTRODUCTION

1.1 The Sexual Assault Prevention and Response Office (SAPRO) requires a system to meet Section 563 of Public Law 110-417, the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2009. The system will be called the Defense Sexual Assault Incident Database (DSAID) and will utilize a Commercial-off-the-Shelf (COTS) Case Management System (CMS) software package.

1.2 When implemented, DSAID will support policy, program implementation and victim care on matters relating to sexual assault within the Armed Forces; enhance the transparency of sexual assault-related data while adhering to the privacy and restricted reporting options for sexual assault victims; provide accurate and timely reporting of sexual assault incidents; use data as an enabler to enhance analysis and trend identification capabilities; inform policy and allow for evaluation of SAPRO and Service Sexual Assault Prevention and Response (SAPR) programs.

BACKGROUND

The NDAA FY09 mandated that the Secretary of Defense implement a centralized, case-level database for the collection and maintenance of information regarding sexual assaults involving a member of the Armed Forces.

SCOPE

3.1 The government intends to award a Fixed Priced, Indefinite Delivery / Indefinite Quantity (IDIQ) contract with a base period of 12 months and four one year option periods. During the base period, the contractor will design and develop a web-based, customized and configurable, COTS CMS in which functionality will ultimately transfer from a development server to a production server. The production server will be hosted by the government. During the option periods, the contractor shall complete any interfaces not completed in the base period, provide licenses for maintenance and upgrades to the software and respond to task orders for increased functionality as a result of additional requirements to include Congressional mandates.

3.2 When completed, DSAID will capture and maintain victim case management data (restricted and unrestricted ), incident data (restricted and unrestricted), subject demographic data (unrestricted), subject disposition data (per Congressional requirements and as defined by SAPRO/Services) (unrestricted), and SAPR program administration data.

The data maintained in the system will be received, when appropriate, from Service systems that capture sexual assault data to include Military Criminal Investigative Organizations’ (MCIO) and Offices of the Judge Advocate General (OTJAG) systems. In addition, when necessary, Sexual Assault Response Coordinators (SARC) will contribute both restricted and unrestricted data.

REQUIREMENTS

4.1 Overview DSAID will encompass five functional capabilities to include, reporting, data entry, data interface, case management, and business management. Reporting functionality will allow SAPRO the ability to electronically develop Congressionally mandated reports and facilitate trend analysis. Data entry and data interfaces will enable DSAID to receive case-level data from SARCs and/or Service systems which will allow for timely responses to departmental and Congressional inquiries and will alleviate redundant data entry. This capability will help ensure that DSAID meets the Congressional mandate requiring the implementation of a “centralized, case-level database.” The case management functionality will enable Air Force and National Guard SARCs to input and maintain victim data pertaining to a sexual assault directly into DSAID. Finally, business management functionality will provide SARCs and Service SAPR program managers’ administration and management capabilities through case management reviews and meeting minutes.

4.2 Functional Requirements

The DSAID requirements are captured within the DSAID Requirements Package that consists of the following documents. Copies of these documents can be found on www.sapr.mil, under “Highlights” at “Response to H98210-10-R-0002.”

· DSAID Requirements Package Overview and Supplemental Requirements

· DSAID Use Case Model

· DSAID Use Cases

· DSAID Report and Ad-hoc Queries Specification

· DSAID Data Requirements

· DSAID Interface Data Mapping Analysis

5 DELIVERABLES

5.1 Post Award Conference. The contractor shall participate in a Post-Award Conference at DoD SAPRO in Arlington, VA, no later than 5 business days after contract award to discuss contractual requirements, relevant DSAID requirements, the technical approach, the implementation plan, and the program management plan.

5.2 Monthly Status Reports. The contractor shall deliver a Monthly Status Report that will document status of each task order, issues or concerns, recommendations, risks and development successes, and future tasks.

5.3 DSAID Data Dictionary. The contractor shall provide a final DSAID Data Dictionary derived from each task order data dictionary.

5.4 DSAID. The contractor shall assist in the transfer of DSAID with all of its functional capabilities from the development server to the production server for the sole use of SAPRO.

5.5 Demonstrations. The contractor may be required to support SAPRO at any demonstrations required by Congress, DoD Leadership, or other government entities.

TASK ORDER DELIVERABLES

6.1 Task Orders may require any or all of the following deliverables:

6.1.1 Task Order Management Plan (TOMP). The contractor shall provide a TOMP that describes the technical approach, implementation plan, program management approach, risk management plan, system engineering plan, and quality control plan to be employed to meet the cost, performance, and schedule requirements for this effort. The TOMP shall detail the technical solution, methods for configuring and customizing the technical solution, and a timeline for producing the technical solution.

6.1.2 Test Plan. The contractor shall develop a Task Order specific Test Plan that identifies critical issues, assesses perceived quality risks, identifies Information Assurance (IA) impact, verifies requirements, and demonstrates progress for Unit Testing, System Testing, Regression Testing and Performance Testing, and deliver Test Plan, procedures, and results as specified by each Task Order.

6.1.3 DSAID Capabilities. The contractor shall deliver a technical solution that provides reporting, data entry, data interface, case management, and business management capabilities as described in the DSAID Requirements Package.

6.1.4 Interfaces. The contractor shall interface with multiple Service systems with differing technologies and platforms required to provide data to DSAID.

6.1.5 Reports and Documents:

6.1.5.1 Status reports. The contractor shall submit status reports that document current status, issues or concerns, recommendations, risks and development successes, and future tasks.

6.1.5.2 Data Quality Analysis and Reports. The contractor shall perform data quality analysis and prepare reports to include system metrics on the data residing in DSAID and consistency checks between data in DSAID and data in Service systems.

6.1.5.3 DSAID Requested Changes Analysis and Reports. The contractor shall analyze requested changes to DSAID functional capabilities and/or data elements and prepare reports to document analysis and/or proposed solution(s).

6.1.6 Design/Configuration Document. The contractor shall document and deliver the linkage from the approved requirements to the design and development of DSAID.

6.1.7 Data Dictionary. The contractor shall develop a data dictionary specific to the task order.

6.2 Delivery Schedule

A summary of deliverables follows. Deliverables are to be provided in electronic file, and/or hard copy, as required.

CLAUSES INCORPORATED BY REFERENCE

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS

1. NOTES TO OFFERORS: OFFERORS SHOULD NOTE THE FOLLOWING IMPORTANT INFORMATION REGARDING PROPOSAL SUBMISSION FOR DSAID:

· The DSAID Requirements Package: The DSAID Requirements Package posted on the website (www.sapr.mil, under “Highlights” at “Response to H98210-10-R-0002”) is not the final version. It is expected that minimal changes, if any, will be made to the package between issuing the solicitation and contract award. Offerors are to provide their technical proposal based on the current DSAID Requirements Package posted on the above website. Upon contract award, the awardee will receive the final baseline requirements at the Post Award Conference.

· Alternate Schedule: Keeping with the contract type, offerors may propose an alternate Schedule to the one listed in this solicitation.

· Licenses/Maintenance: Software Licenses and Maintenance/Upgrades are not included in the current Schedule. Should any of these item(s) be required, offerors shall propose an alternate Schedule which includes the appropriate item(s).

2. Communication with the Contracting Officer: Solicitation information and amendments will be posted to the Federal Business Opportunities website at www.fbo.gov. Offerors may email written questions requesting clarification of the Request for Proposal (RFP) to the Contract Specialist, Melanie Thornsbury, at: melanie.thornsbury@osd.pentagon.mil. No information concerning this solicitation or requests for clarification will be provided in response to telephone calls. Questions will be received up to 2:00 PM Eastern Standard Time (EST) on January 22, 2010. Questions received after this time and date may not be answered.

3. Proposal Submissions: All proposal submissions in response to this solicitation must be received no later than 2:00 PM EST on February 12, 2010 to the following address:

DHRA PSO

Attn: Melanie Thornsbury DSAID Solicitation # H98210-10-R-0002 4040 N. Fairfax Drive, Suite 120

Arlington, VA 22203

· Proposal: Offerors shall submit the following:

a. Signed copy of the Standard Form 1449, with blocks 17 and 30 completed.

b. Signed copy of the Standard Form 30 of any amendments issued against this RFP.

c. Technical Proposal: Offerors shall submit one (1) original and five (5) copies of their technical proposal. The technical proposal will address and adhere to the format of the Technical Factor, Elements 1-4, in Attachment A of the solicitation.

d. Price Proposal: Offerors price proposal shall include:

· A completed Schedule. The Schedule shall reflect per unit pricing by CLIN. All items listed in the Schedule must have a price, or be marked “NSP” for “Not Separately Priced” or “NC” for “No Charge.”

· Labor categories & rates. Offerors shall clearly define the labor categories proposed for this contract and provide fully burdened labor rates.

· Sample Task Order pricing. Offerors shall submit pricing and labor categories for the sample task order in Attachment C. The task order is a sample and not a real requirement of DSAID. The pricing provided will be used to evaluate offerors understanding of the requirement and to compare pricing.

e. Completed Commercial Item Small Business Subcontracting Plan (See Attachment B).

f. Completed Representations and Certifications of Offeror (FAR Clause 52.212-3 Alt I and DFARS Clause DFARS 252.212-7000).

g. Past Performance References. Offerors shall submit 3-5 relevant Past Performance references. All references shall address current projects or those completed within the last three years. The Past Performance reference information shall include the following:

· Name, email, and telephone numbers for points of contact

· Project Name

· Date of Contract

· Type of Contract

· Dollar Value of Contract

· Period of Performance

· Description of services/supplies provided

· Description of the relevance to the current requirement being solicited

Should the offeror possess no relevant past performance, a written statement shall be provided by the offeror so indicating. In the case of an offeror without a relevant past performance or for whom information is not available, the offeror will not be evaluated favorably or unfavorably on past performance and will be assigned a neutral rating.

4. Oral Presentations: Offerors shall present a 90 minute presentation addressing their technical approach to designing, developing and implementing DSAID. The presentation should include:

· An overview of their proposal (i.e. an executive summary).

· An explanation of their technical approach.

· A demonstration of the proposed technical solution, which should include the technical approach throughout (Reference Element 1 of Attachment A).

· The Implementation Plan (Reference Element 2 of Attachment A).

· The Program Management Plan (Reference Element 3 of Attachment A).

a. Date: Oral presentations are tentatively scheduled for the period of Thursday, February 18, 2010 through March 5, 2010 (Monday – Friday), 8:00 a.m. – 5:00 p.m. EST. The Contract Specialist will notify offerors of their assigned oral presentation time. Offerors shall be prepared and in attendance on the date, time, and location designated. The Government reserves the right to reschedule any Offerors presentation.

b. Time Limit: Each Offeror’s oral presentation shall not exceed 90 minutes. A Government employee shall be designated as the exclusive timekeeper of the oral presentations. There will not be a question-and-answer exchange during the presentation.

c. Location: The oral presentations will be held in Arlington, VA. The exact location is to be determined.

d. Offeror’s Personnel: Attendance is limited to a maximum of two people.

e. Media: There are no limitations on the media used to present information during the oral presentation; however, the Offeror is responsible for providing, setting up, and removing any media/equipment used. Setup and removal time shall not count against the oral presentation time. Offerors are asked to arrive 15 minutes ahead of their scheduled time to setup their presentations. Handouts will be allowed.

5. Summary of Important Due Dates:

(End of Instructions to Offerors)

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

52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS

PRICE

ITEM

QUANTITY

QUOTATION

TOTAL _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

(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; 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 subsidiary, 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

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

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

See Attachment A

Technical and past performance, when combined, are significantly more important than price.

(b) Options. The Government will evaluate offers 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)

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 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.

“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 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 (m) 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 the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) 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, U.S. Trust Territory of the Pacific Islands (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) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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 $100,000.) 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 Act--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--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.