H98210-14-R-0025_DLNSEO_Solicitation_FBO_Final.doc

Section SF 1449 - CONTINUATION SHEET

Psychometric Services

FFP

Psychometric Services

FOB: Destination

PURCHASE REQUEST NUMBER: HQ005440980001000

NET AMT

Travel and Related Expenses

FFP

Travel and Related Expenses

PURCHASE REQUEST NUMBER: HQ005440980001000

NET AMT

FFP

Psychometric Services

NET AMT

FFP

Travel and Related Expenses

NET AMT

FFP

Psychometric Services

NET AMT

FFP

Travel and Related Expenses

NET AMT

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:

Hector E Monge

4800 Mark Center Drive, Suite 07G12

Alexandria, VA 22350-1300

Telephone: TBD

Email: hector.e.monge.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 twelve-month option periods.

PERFORMANCE WORK STATEMENT

Defense Language and National Security Education Office (DLNSEO)

Psychometric Scientific and Technical Support for the

Defense Language Program (DLP)

Performance Work Statement (PWS)

1.0

INTRODUCTION

The Defense Language and National Security Education Office (DLNSEO) requires Psychometric Scientific and Technical Support for Defense Language Program (DLP) Tests.

2.0

BACKGROUND

Foreign and English language proficiency testing are critical for certification for job and training qualification, and in some cases for awarding bonus pay in the DoD. DLNSEO is responsible for policy regarding language testing, and has oversight of the test development programs in the DoD.

2.1 DLNSEO oversees foreign language test development with the Defense Language Proficiency Tests (DLPTs) developed by the Defense Language Institute Foreign Language Center (DLIFLC) in Monterey, California. The DLPT are tests of foreign language reading and listening proficiency and provide scores according to the Interagency Language Roundtable (ILR) Scale. DLPTs exist in forty-five languages, and are computer delivered. These tests exist in both multiple choice and constructed response formats; in addition, a computer adaptive form is in development.

2.2 DLSNEO also oversees English language testing programs at the Defense Language English Language Center (DLIELC), which rely on the English Comprehension Level (ECL) test, a web-delivered computer adaptive test (CAT). The ECL is used to place non-native English speaking students into appropriate levels of English classes, and to assess when they are prepared to attend technical training courses which are delivered in English.

2.3 Additional programs under DLNSEO’s oversight includes the Language Flagship, Boren Scholars and Boren Fellows, and Project GO, which provide scholarships to students studying critical languages. DLNSEO also supports language training and testing at the military academies, and English language training for non-native English speaking professionals through the English for Heritage Language Speakers program. All these programs make use of proficiency-based foreign language assessments for entrance, progress and end-of-training assessments.

3.0 SCOPE: The Contractor shall provide the personnel, management and materials necessary to provide psychometric support for DLP tests.

4.0 REQUIREMENTS: The Contractor shall:

4.1 Review current testing and test development practices, outline recommendations for improvement and assist in the execution of those recommendations.

4.2 Guide the improvement and development of computer adaptive tests (CAT). Make recommendations for updating the ECL computer adaptive test and provide guidance to DLIELC computer programmers in order to implement those changes.

4.5 Conduct and provide plans for validation studies, and evaluate validation studies, including standard setting studies.

4.6 Particpate in bi-weekly one-hour telephone calls that include DLNSEO, DLIFLC and the Defense Manpower Data Center (DMDC) to discuss projects and make recommendations on psychometric issues related to test development.

4.7 English Comprehension Level (ECL) test:

4.7.1 Examine methods for item development procedures, including item pretesting design, calibration, form construction, and equating.

4.7.2 Maintain and evaluate CAT ECL item selection and scoring algorithms. Monitor item bank usage and item exposure. Document reliability of CAT ECL scores.

4.7.3 Determine the number of items that need to be developed annually. Determine criteria for identifying deficient items. Institute formal quality control methods for test construction and delivery. Assist in the assembly of item banks to be used in CAT adminstrations.

4.7.4 Conduct validation studies which will enable DLIELC to demonstrate that the ECL test can be used for the purposes for which it was designed, namely placing students into appropriate class levels and demonstrating readiness for follow-on training conducted in English.

4.8 Defense Language Proficiency Tests (DLPTs):

4.8.1 Process data provided by the government from field trials of multiple choice test items on the DLPT, update operational forms with new items. Perform IRT re-calibrations of tests based on operational data. Provide documentation in Word format of all processes undertaken. Make recommendations to strengthen current practices.

4.8.2 Design a test development plan to facilitate the conversion of current methods of constructed response test scoring from conjunctive to number correct. Investigate and report on alternatives to multiple choice testing for low volume testing populations.

4.8.3 Evaluate and document recommendations to strengthen test item generation and review procedures.

4.8.4 Evaluate data from standard setting studies for the DLPT in order to inform determination of cut scores on new tests and adjust cut scores on existing tests. Provide documentation of all processes undertaken. Make recommendations to improve current practices.

4.8.5 Provide consultation and analytic support on studies to improve the development and evaluation processes for the DLPT.

4.8.6 Assist in the construction of standard operating procedures for current and future testing programs based on current, psychometric best practices.

4.8.7 Lead the process of constructing a validity framework document for the DLPT by conducting bi-weekly one-hour telephone meetings with stakeholders, allocating sections to be prepared and/or reviewed, and compiling the final document.

4.9 English Language Proficiency Test (ELPT) 4.9.1 Conduct a standard setting study in order to determine cut scores according to the ILR scale for the two ELPT test forms. Develop the standard setting plan and provide the necessary materials, such as laptops for panelists’ use, PowerPoint presentation slides, and handouts. Prepare a report of the standard setting, which includes detailed descriptions of the procedures followed in conducting the standard setting, the results of the panelists’ ratings, and recommendations for cut scores for the two ELPT test forms.

4.10 Defense Language Testing Advisory Panel 4.10.1 Participate in four, one-day meetings of the Defense Language Testing Advisory Panel (DELTAP). Progress on ECL developments at DLIELC will be presented at two one-day meetings a year, one in San Antonio, Texas and one at the DLNSEO offices in Arlington, Virginia. Progress on DLPT developments at DLIFLC will be presented at two one-day meetings a year, one in Monterey, California and one at the DLNSEO offices in Arlington, Virginia. Contractor will provide written summaries of work accomplished and a PowerPoint document as read-aheads two weeks prior to each DELTAP meeting. Contractor will present work accomplished at each DELTAP meeting.

4.11 Yearly Technical Report: The contractor shall provide a report at the end of period of performance with summaries of the work completed at DLIFLC and DLIELC. In addition, the report will contain recommendations for maintaining the Defense Language Testing Program and any recommendations for further improvement.

4.12 Weekly Status Reports: The contractor shall provide a weekly update of status of the project. The report will be submitted by email to the Contracting Officer’s Representative (COR).

4.13 Participate in a Post-Award Conference. This meeting shall provide an introduction between the Contractor personnel and Government personnel who will be involved with the contract. The meeting shall provide the opportunity to discuss technical, management and test security issues. The Post Award Conference will aid both the Government and Contractor in achieving a clear and mutual understanding of all requirements, and identify and resolve any potential issues. The Contractor shall be prepared to discuss any items requiring clarification and gather information as necessary to support each deliverable. The Contractor shall provide a written summary of the Post-Award Conference.

5.0

DELIVERABLES

Progress Reports on DLIELC ECL test development

Yearly Technical Report

6.0

CONTRACTOR MANPOWER REPORTING

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for DLSNEO 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 help desk at: http://www.ecmra.mil 7.0

CONTRACTOR TRAVEL

7.1 Travel costs will include travel to DLIFLC and DLIELC to enable the Contractor to work with those institutions’ testing staff in order to obtain test data, obtain information on current testing procedures, advise test development and programming staff as necessary, and plan the presentations for the Testing Advisory Panel meetings. The Contractor shall make up to six, four-day trips to each location.

7.2 In addition, Contractor staff shall make not more than six, two-three day trips to present at the Technical Advisory Panel meetings. The Government anticipates that the Contractor will make one trip to travel to DLIELC in San Antonio, Texas, one trip to DLIFLC in Monterey, CA, and two trips to the DLNSEO offices in Arlington, VA.

7.3 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.

8.0

SECURITY CLEARANCE

Not required, the effort is unclassified.

9.0

GOVERNMENT FURNISHED INFORMATION (GFI)

The government will provide data such as test scores, standard setting panelists’ ratings, that are required to accomplish the stated requirements.

10.0

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.

11.0

QUALITY ASSURANCE

11.1.

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.

11.1.1 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.

11.1.2. 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.

11.2.

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.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

INSTRUCTIONS TO OFFERORS

ADDENDUM TO 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), 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/portal/public/SAM/.

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 Request for Proposal (RFP) to the Contract Specialist, Hector E Monge, at: hector.e.monge.civ@mail.mil. No information concerning this solicitation or requests for clarification will be provided in response to telephone calls. Questions will be received up to 11:00 AM Eastern on July 24, 2014. 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 11:00 AM Eastern on August 18, 2014. No electronic submissions will be accepted. Submit proposals to the address below:

DHRA PSO

Attn: Hector E Monge Solicitation No. H98210-14-R-0025 4800 Mark Center Drive, Suite 07G12

Alexandria, VA 22350

NOTE: If hand delivering proposal, contact the Contract Specialist via email at least two business days prior to the due date for delivery instructions.

Proposal: Proposals shall be submitted in three separate volumes as follows:

A. VOLUME I – Business: Offerors shall submit one hard copy of Volume I. This volume shall include:

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

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

iii. Offeror’s DUNS number, Cage Code, and Tax ID number.

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

v. All fill-in clauses that require an offeror’s response.

B. VOLUME II – Technical: Offerors shall submit one original and three hard copies of Volume II. This volume shall include items i-iii below. The total page count for this volume shall not exceed 35 single-sided pages.

i. Technical Proposal: This section shall address the technical requirements of the Performance Work Statement (PWS) and Evaluation Factors (Attachment A).

ii. Past Performance References: Offerors shall submit three to five relevant and recent past performance references utilizing the Past Performance Relevancy Questionnaire (PPRQ) at Attachment B. Complete and submit one PPRQ per reference.

iii. Quality Control Plan (QCP). Offerors shall provide a Plan in accordance with the PWS.

C. VOLUME III – Price Proposal: Offerors shall submit one hard copy of Volume III. This volume shall include i.

Proposed labor categories and fully burdened labor rates for the Base and all Option periods.

ii.

A brief description of each proposed labor category.

(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:

See Attachment A

(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 (MAY 2014) ALTERNATE I (MAY 2014)

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, 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--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American--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. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

(List as necessary)