H98210-14-R-0019.doc

Section SF 1449 - CONTINUATION SHEET

Department of Defense Reports Support

FFP

Base Period (12 Months)

FOB: Destination

PURCHASE REQUEST NUMBER: HQ005441270001000

NET AMT

FFP

Travel and Related Expenses (DO NOT BID); Base Period (12 Months)

PURCHASE REQUEST NUMBER: HQ005441270001000

ESTIMATED COST

Department of Defense Reports Support

Option Period One (12 Months)

NET AMT

COST

Travel and Related Expenses (DO NOT BID); Option Period One (12 Months)

ESTIMATED COST

Department of Defense Reports Support

Option Period Two (12 Months)

NET AMT

COST

Travel and Related Expenses (DO NOT BID); Option Period Two (12 Months)

ESTIMATED COST

ADMINISTRATIVE INFORMATION

A. Points of Contact:

Contracting Officer:

TBD at contract award

4800 Mark Center Drive, Suite 07G12

Alexandria, VA 22350-1300

Telephone: TBD

Email: TBD

Contract Specialist:

Larry J. Helton

4800 Mark Center Drive, Suite 07G12

Alexandria, VA 22350-1300

Telephone: (571) 372-2603

Email: larry.j.helton.civ@mail.mil

Contracting Officer's Representative:

TBD at contract award

(COR)

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 at time of contract award. Payment will be made by DFAS-Columbus.

C. CONTRACT TYPE

Contract award type shall be a Firm-Fixed Price Contract. The Period of Performance will be twelve months from date of contract award for the base period. The contract will also include two 12-month option periods.

PERFORMANCE WORK STATEMENT

ATTACHMENT A

Department of Defense Reports Support

1.0

INTRODUCTION

The Defense Language and National Security Education Office (DLNSEO) requires Defense Language Program (DLP) report preparation support for compiling data inputs, conducting analysis, writing reports, and preparing briefings.

2.0

BACKGROUND

As part of the DLP structure, DLNSEO provides policy, programs, resources, training, research, and communications oversight to guide Department-wide efforts for language, regional, and cultural capabilities. DLNSEO also provides policy oversight of the Defense Language Institute Foreign Language Center, Monterey, California, and the Defense Language Institute English Language Center at Lackland Air Force Base, San Antonio, Texas. Furthermore, DLNSEO provides policy oversight to develop, implement, evaluate, and research language proficiency testing within DoD.

3.0

SCOPE

The Contractor shall provide the personnel, management, and materials necessary to conduct data collection and analysis on language and culture related subjects pertaining to the DLP, synthesize the results, and produce initial drafts of the findings. Government personnel will then edit and develop the final reports. These reports include primarily the Annual Report on Accession, Promotion, Retention, and Attrition of Personnel with Language Skills, as required by DoDI 5160.70, “Management of DoD Language and Regional Proficiency Capabilities,” and other smaller reporting efforts and products.

4.0 REQUIREMENTS The Contractor shall:

4.1. Provide Program Management. Provide oversight/management of the report packages; ensure coordinating, staffing and tracking processes are applied and followed; and provide report writing support.

4.2. Provide Analysis and Report Writing Expertise.

4.2.1. Develop data collection templates for use by DoD Components and other organizations in reporting data required for the respective reports.

4.2.2. Compile input from Military Services, Defense Agencies, and other input providers (i.e., other USG Organizations, etc.) for reports or other designated projects.

4.2.3. Complete research and analysis on data collected and other subjects pertaining to the DLP relevant to the report. The research and analysis shall consist of a subject matter expert review of the data collected (i.e., does it fit into the collection parameters, is it duplicated, are the numbers captured realistic, etc.), and interpreting the results to evaluate, analyze, and determine impacts and identify potential recommendations.

4.2.4. Submit to the COR completed electronic data spreadsheets containing the data and computations used in the consolidation and analysis of data for the report.

4.2.5. Compose reports to reflect data analysis and findings for Departmental senior leaders and external audiences. Report packages must be built as per specified format and staffing process. Assist in the adjudication of comments received from organizations coordinating on the draft reports.

4.2.6. Attend, support, and document meetings with principals and stake holders relevant to the report. Prepare read-ahead and post-meeting briefing slides and other materials for data collection working group meetings and Senior/Executive Level briefings on the final report to the Military Departments’ Assistant Secretaries for Manpower and Reserve Affairs or other level as needed.

4.2.7. Conduct field visits and assist DLNSEO with presenting the DoD Senior Language Authority (SLA) positions on special DLP reports as required.

4.2.8. Provide personnel with the following qualifications:

4.2.8.1. Relevant background and knowledge in the field of DoD military and civilian manpower and personnel, both in general and with respect to foreign language requirements and capabilities in particular.

4.2.8.2. Documented professional experience in quantitative and qualitative analysis.

4.2.8.3 Knowledge and familiarity with the DLP and relevant DLP stakeholder organizations.

4.2.8.4 Strong writing skills and professional experience in preparing reports in the field of DoD military and civilian personnel and manpower requirements, with respect to foreign language requirements and capabilities in particular.

4.3. Utilize Microsoft Office software (i.e. Word, Excel, and PowerPoint) for completion of reports, spreadsheets, and presentation materials, unless otherwise specified.

4.4. Participate in a Post-Award Conference. This meeting provides an introduction between the Contractor personnel and Government personnel who will be involved with the contract, and will aid both parties in achieving a clear and mutual understanding of all requirements and in identifying and resolving any potential issues. However, this meeting is not a substitute for the contractor fully understanding the work requirements at the time offers are submitted, nor is it to be used to alter the final agreement arrived at in any negotiations leading to contract award. The Contractor shall be prepared to discuss any items requiring clarification and gather information as necessary to support each deliverable and shall submit a written summary of the Post-Award Conference to the COR.

4.5. Contractor Manpower Reporting

4.5.1. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for DLNSEO via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at: http://www.ecmra.mil/.

4.6. Reports

4.6.1. Email a monthly update of status of analysis, reports, and support to the COR. The update shall include a summary of the work accomplished during that month.

4.6.2. Submit drafts of reports to the COR for review and approval. Certain attachments not requiring editing may be submitted in PDF file format, as determined by the COR. Revise drafts as directed by the COR based on adjudicated comments from reviewers. Once drafts are approved, final reports shall be provided for submission to Senior and/or Executive Level Personnel for signature.

5.0

DELIVERABLES

Post-meeting slides: NLT 2 days after WG meetings and Senior/Executive Level Briefings

6.0

CONTRACTOR TRAVEL

6.1. Contractor costs for Government authorized travel are included in this contract. All travel shall be in accordance with FAR 31.205-46 and applicable travel regulations (Joint, Federal or Standardized). Contractor payment claims shall include applicable documentation to support actual costs incurred (e.g. airfare and hotel/lodging receipts) as well as any receipts valued at or above $75.00. Failure to provide appropriate documentation may result in loss of reimbursement of travel expenses.

6.2. Anticipated travel includes trips to numerous (5-10) meetings at DLNSEO in Arlington, Virginia, and other DoD and U.S. Government Organization Offices located within the Washington, DC area.

7.0

SECURITY

7.1. All contractor personnel working on this contract must:

7.1.1. Be U.S. citizens and have a current security clearance at the SECRET level or higher before the contract is awarded.

7.1.2. Maintain favorable FBI National Criminal History checks and ensure completion and successful adjudication of a NACLAC as required for Federal employment.

7.2. The contractor shall obtain CACs for all personnel requiring access to Government facilities in accordance with the following:

7.2.1. For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel who meet one or both of the following criteria:

7.2.1.1. Require logical access to Department of Defense computer networks and systems in either:

7.2.1.1.1. The unclassified environment; or

7.2.1.1.2. The classified environment where authorized by governing security directives.

7.2.1.2. Perform work which requires the use of a CAC for installation entry control or physical access to facilities and buildings.

7.2.2. Contractors and their personnel shall use the following procedures to obtain CACs:

7.2.2.1. Contractors shall provide a listing of personnel authorized a CAC to the contracting officer. The contracting officer will provide a copy of the listing to the government representative in the local organization designated to authorize issuance of contractor CACs (i.e., “authorizing official”).

7.2.2.2. Contractor personnel on the listing shall each complete and submit a DD Form 1172-2 or other authorized DoD electronic form to the authorizing official. The authorizing official will verify the applicant’s name against the contractor’s listing and return the DD Form 1172-2 to the contractor personnel.

7.2.2.3. Contractor personnel shall proceed to the nearest CAC issuance workstation with the DD Form 1172-2 and appropriate documentation to support their identification and/or citizenship. The CAC issuance workstation will then issue the CAC.

7.2.3. While visiting or performing work on installation(s)/location(s), contractor personnel shall wear or prominently display the CAC as required by the governing local policy.

7.2.4. During the performance period of the contract, the contractor shall:

7.2.4.1. Within seven working days of any changes to the listing of the contract personnel authorized a CAC, provide an updated listing to the contracting officer who will provide the updated listing to the authorizing official;

7.2.4.2. Return CACs in accordance with local policy/directives within seven working days of a change in status for contractor personnel who no longer require logical or physical access;

7.2.4.3. Return CACs in accordance with local policy/directives within seven working days following a CACs expiration date; and

7.2.4.4. Report lost or stolen CACs in accordance with local policy/directives.

7.2.5. Within seven working days following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the issuing office or the location specified by local policy/directives.

7.2.6. Failure to comply with these requirements may result in withholding of final payment.

8.0

QUALITY CONTROL

The contractor shall implement and maintain a Quality Control Plan (QCP) to ensure work performed conforms to the scope of work and meets the requirements under this PWS. The QCP shall, at a minimum provide a method for performing inspections; identifying, correcting and preventing problems/defective service; addressing customer complaints, and improving the quality of services over the life of the contract.

9.0

QUALITY ASSURANCE

9.1. The Government reserves the right to perform inspections and surveillance to evaluate the Contractor’s compliance to the contract terms and performance of the requirements in the PWS. The Government will make every effort to ensure that the surveillance methods described below are conducted in an objective, fair, and consistent manner.

9.1.1. Periodic Surveillance. This action occurs when the COR or other Government official observes a deficiency. Examples include evidence from accidents, incidents, or delays. Regardless of where in the line-of-duty the COR observes contractual procedures not being followed, he/she has an obligation to document and report the deficiency to the Contracting Officer.

9.1.2. Customer Complaint Surveillance. This action is instituted when the COR receives a complaint from a stakeholder regarding contractor service. The COR will obtain the complaint in writing and then conduct an investigation to determine its validity. If the complaint is deemed valid, the COR will immediately notify the Contracting Officer for action. The COR will notify both the Contract Manager and the complainant of the Government’s response to their complaint.

9.2. Contract Discrepancy Report (CDR). In the event of unsatisfactory contractor performance, the COR or CO will issue a CDR that will explain the circumstances and findings concerning the incomplete or unsatisfactory service. The contractor shall acknowledge receipt of the CDR and respond in writing as to how he/she shall correct the unacceptable performance and avoid a recurrence. The Government will review the contractor's corrective action response to determine acceptability and will use any completed CDR as part of an overall evaluation of Contractor performance when determining present or future contractual actions.

10.0

APPENDIX

(A) Draft DD254, Security Classification Specification

CLAUSES INCORPORATED BY REFERENCE

ADDENDUM TO FAR 52.212-1

INSTRUCTIONS TO OFFERORS

OFFERORS SHOULD NOTE THE FOLLOWING IMPORTANT INFORMATION REGARDING PROPOSAL SUBMISSION:

1. SAM: Any Offeror that submits a proposal in response to this solicitation must be registered in the System for Award Management (SAM) / Central Contractors Registration (CCR), in accordance with FAR Clause 52.232-33 and DFARS Clauses 252.201-7000 and 252.204-7004 Alt A, prior to contract award. Registration information can be found at https://www.sam.gov/.

2. Communication: 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 RFP to the Contract Specialist, Larry Helton at larry.j.helton.civ@mail.mil. No information concerning this RFP or requests for clarification will be provided in response to telephone calls. Questions will be received up to 11:00 am Eastern on 19 June 2014. Questions received after the due date/time may not be answered.

3. Proposal Submissions: All proposal submissions in response to this solicitation must be received no later than the stated date/time in Block 8 of the SF1449. Only electronic submissions will be accepted. Offerors shall email their proposals to the Contract Specialist, Larry Helton at larry.j.helton.civ@mail.mil.

Proposal - Proposals shall be submitted in three volumes, each volume being its own separate document/file.

A. VOLUME I, Business Proposal (no page limit) - This volume shall include:

i. Offeror Information: Company Name, Address, Phone Number, CAGE code, DUNS Number, Tax Identification Number (TIN), and Business Size.

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

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

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

v. All completed clauses that require an offeror’s response.

B. VOLUME II, Technical Proposal - This volume shall include:

i. Technical Proposal (No more than 25 pages): This section shall address the technical requirements of the PWS and Evaluation Factors (Attachment A and B).

ii. Past Performance (no page limit): Offerors shall submit 3-5 relevant and recent past performance references for the offeror. All references shall address current projects or those completed within the last five years. For each reference being submitted, offerors shall complete and include a Past Performance Relevancy Questionnaire found at Attachment C.

Should the offeror possess no relevant past performance, a written statement shall be provided by the offeror so indicating. In this case, the offeror will not be evaluated favorably or unfavorably on past performance and will be assigned a rating of Unknown Confidence.

C. VOLUME III, Price Proposal - This volume shall include:

i. A completed Schedule that includes a Unit Price and Total Amount for each CLIN and/or Sub-CLIN except for the travel CLINs. A Not to Exceed (NTE) amount for travel will be entered by the Government at contract award. All pricing proposed by the offeror shall be firm-fixed price.

ii. As supporting documentation to the prices proposed in the Schedule, offerors shall include a designation of the labor categories proposed, the estimated number of labor hours, and the offeror’s fully burdened labor rates. Discounted labor rates are highly encouraged and appreciated.

(END OF INSTRUCTIONS TO OFFERORS)

CLAUSES INCORPORATED BY FULL TEXT

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)

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

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not ``impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of clause)

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:

1. See Attachment B.

(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)

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 13 CFR part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) 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.