Accreditation_Solicitation_HE1254-17-R-0009.docx

HE1254-17-R-0009

Section SF 1449 - CONTINUATION SHEET

ITEM NO

Annual dues for each school including the Virtual High School. The contractor shall provide the required service in accordance with (IAW) PWS section 5.2.1 and 5.2.2

FOB: Destination

NET AMOUNT

ITEM NO

Consultation services and meetings with DoDEA leadership shall be provided IAW PWS section 5.7.1 – 5.7.2

FOB: Destination

NET AMOUNT

ITEM NO

Reports and feedback shall be provided IAW PWS section 5.6.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall perform all site visits and related activities IAW PWS sections 5.3- 5.5.

Contractor shall provide a firm-fixed price quote to cover the cost for all contractor’s personnel to travel to perform system accreditation services for Pacific West District and Europe East District based on the following travel schedule:

Pacific West District April 15 through April 21, 2018 (11 Schools on 4 Complex) Europe East District May 6 through May 19, 2018 (32 Schools on 11 complexes)

See the Attachment 1 DoDEA – System Accreditation Visit Schedule for detailed information on the specific school locations.

The Government will evaluate the travel quote IAW FAR 31.205-46 and the Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, in effect at the time of evaluation.

Contractor shall provide a break-down cost of the following:

1.Commercial Air Fare (Coach) for each of contractor personnel 2.Ground Transportation 3.Lodging 4.Meals & Incidental Expenses (M&IE)

NET AMOUNT

ITEM NO

Pacific West District Site Visit April 15 through April 21, 2018 (11 Schools on 4 Complex)

FOB: Destination

NET AMOUNT

ITEM NO

Europe East District Site Visit May 6 through May 19, 2018 (32 Schools on 11 complexes)

FOB: Destination

NET AMOUNT

ITEM NO

OPTION

Annual dues for each school including the Virtual High School. The contractor shall provide the required service in accordance with (IAW) PWS section 5.2.1 and 5.2.2

FOB: Destination

NET AMOUNT

ITEM NO

Consultation services and meetings with DoDEA leadership shall be provided IAW PWS section 5.7.1 – 5.7.2

FOB: Destination

NET AMOUNT

ITEM NO

Reports and feedback shall be provided IAW PWS section 5.6.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall perform all site visits and related activities IAW PWS sections 5.3- 5.5.

Accreditation Site Visit to Americas Southeast District and Europe South District

The Government will provide the specific travel dates for each school district prior to option exercise. Contractor shall provide a firm-fixed price quote to the contracting officer 10 business days after received the specific travel dates. The Government will evaluate the travel quote IAW FAR 31.205-46 and the Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, in effect at the time of evaluation.

Contractor shall provide a break-down cost of the following:

1.Commercial Air Fare (Coach) for each of contractor personnel 2.Ground Transportation 3.Lodging 4.Meals & Incidental Expenses (M&IE)

At time of option exercised and actual quote has been received and evaluated by the COR, the following SubCLINs will be added and appropriate funding will be provided.

1004AA Americas Southeast District Site Visit 1004AB Europe South District Site Visit

NET AMOUNT

ITEM NO

Annual dues for each school including the Virtual High School. The contractor shall provide the required service in accordance with (IAW) PWS section 5.2.1 and 5.2.2

FOB: Destination

NET AMOUNT

ITEM NO

Consultation services and meetings with DoDEA leadership shall be provided IAW PWS section 5.7.1 – 5.7.2

FOB: Destination

NET AMOUNT

ITEM NO

Reports and feedback shall be provided IAW PWS section 5.6.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall perform all site visits and related activities IAW PWS sections 5.3- 5.5.

Accreditation Site Visit to Americas Mid-Atlantic District, Europe West District, and DoDEA Virtual High School

The Government will provide the specific travel dates for each school district prior to option exercise. Contractor shall provide a firm-fixed price quote to the contracting officer 10 business days after received the specific travel dates. The Government will evaluate the travel quote IAW FAR 31.205-46 and the Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, in effect at the time of evaluation. Contractor shall provide a break-down cost of the following:

1.Commercial Air Fare (Coach) for each of contractor personnel 2.Ground Transportation 3.Lodging 4.Meals & Incidental Expenses (M&IE)

At time of option exercised and actual quote has been received and evaluated by the COR, the following SubCLINs will be added and appropriate funding will be provided.

2004AA Americas Mid-Atlantic District Site Visit 2004AB Europe West District Site Visit 2004AC Virtual High School Site Visit

NET AMOUNT

ITEM NO

Annual dues for each school including the Virtual High School. The contractor shall provide the required service in accordance with (IAW) PWS section 5.2.1 and 5.2.2

FOB: Destination

NET AMOUNT

ITEM NO

Consultation services and meetings with DoDEA leadership shall be provided IAW PWS section 5.7.1 – 5.7.2

FOB: Destination

NET AMOUNT

ITEM NO

Reports and feedback shall be provided IAW PWS section 5.6.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall perform all site visits and related activities IAW PWS sections 5.3- 5.5.

Accreditation Site Visit to Pacific South District.

The Government will provide the specific travel dates for each school district prior to option exercise. Contractor shall provide a firm-fixed price quote to the contracting officer 10 business days after received the specific travel dates. The Government will evaluate the travel quote IAW FAR 31.205-46 and the Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, in effect at the time of evaluation. Contractor shall provide a break-down cost of the following:

1.Commercial Air Fare (Coach) for each of contractor personnel 2.Ground Transportation

FOB: Destination

NET AMOUNT

ITEM NO

Annual dues for each school including the Virtual High School. The contractor shall provide the required service in accordance with (IAW) PWS section 5.2.1 and 5.2.2

FOB: Destination

NET AMOUNT

ITEM NO

Consultation services and meetings with DoDEA leadership shall be provided IAW PWS section 5.7.1 – 5.7.2

FOB: Destination

NET AMOUNT

ITEM NO

Reports and feedback shall be provided IAW PWS section 5.6.

FOB: Destination

NET AMOUNT

ITEM NO

Contractor shall perform all site visits and related activities IAW PWS sections 5.3- 5.5.

Accreditation Site Visit to Pacific East District.

The Government will provide the specific travel dates for each school district prior to option exercise. Contractor shall provide a firm-fixed price quote to the contracting officer 10 business days after received the specific travel dates. The Government will evaluate the travel quote IAW FAR 31.205-46 and the Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, in effect at the time of evaluation. Contractor shall provide a break-down cost of the following:

1.Commercial Air Fare (Coach) for each of contractor personnel 2.Ground Transportation

FOB: Destination

NET AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-JUL-2018

FOB: Destination

31-JUL-2018

31-JUL-2018

31-JUL-2018

31-JUL-2018

31-JUL-2019

31-JUL-2019

31-JUL-2019

31-JUL-2020

31-JUL-2020

31-JUL-2020

31-JUL-2021

31-JUL-2021

31-JUL-2021

31-JUL-2021

31-JUL-2022

31-JUL-2022

31-JUL-2022

31-JUL-2022

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

Addendum to 52.212-1

1. Addendum to Paragraph (b) Submission of Quotes: In addition to those requirements as stated in paragraph (b), the following are added and shall apply to the submission requirements in response to this solicitation:

1. Quote Structure and Content – Vendors shall submit quote packages consisting of the following separate/distinct volumes for evaluation purposes and include the content identified herein:

1. Volume 1 - Administrative Cover Letter: The cover letter shall include the following:

0. Tax identification number (TIN);

0. Dun & Bradstreet Number (DUNS);

0. Complete Business Mailing Address;

0. Cage Code/NAICS Code; and,

0. Contact Name, Phone, Fax and Email address.

0. Completed DFARS Clause 252.209-7991, Representation By Corporations Regarding An Unpaid Delinquent Tax Liability Or A Felony Conviction Under Any Federal Law Fiscal Year 2016 Appropriations.

1. Volume 2 – Technical Capability:

Offerors shall demonstrate their understanding of the required services and ability to perform the reqirement as set forth in the Performance Work Statement (PWS) titled “Systemwide Accreditation Services”.

No cost/price, a company name or symbol may be included or reference in the technical proposal.

Offeror’s Technical Capability Volume must include the following:

First, Pass / Fail: Offeror’s proposal shall demonstrate how it meets the pass / fail requirements as set forth under clause 52.212-2 below.

Second, Offeror’s proposal shall demonstrate how it meets or exceeds the requirement set forth under clause 52.212-2 below.

1. Volume 3 – Price. This quote volume shall:

0. Be in Microsoft Excel. All items must have a price or be marked “NSP” for “Not Separately Priced.” Each item will state the description, quantity, unit, unit price, and estimated amount. A final total of the Base and Option Periods is required in the Excel Spreadsheet.

0. Reference the Contract Line Item Numbers (CLINs) Sub-CLINs in the SF1449 Schedule of services as suggested CLIN structures. In lieu of this schedule, the contractor may submit fewer or more CLINs, whichever may be appropriate to their standard commercial practice.

1. Proposal Submission Requirements: Electronic submission by email.

RFP Questions – Questions in regards to this RFP shall be submitted in writing via email to Samra Yoseph at samra.yoseph@hq.dodea.edu with the subject line, “Questions Systemwide Accreditation Services HE1254-17-R-0009,” no later than 10:00 A.M. EST June 28, 2017. Answers to your questions will be posted on FBO no later than 5:00 P.M. EST July 5, 2017.

Complete Quote Package (Volumes 1 - 3): The closing date for complete quote packages submissions is no later than 10:00 A..M. EST on July 10, 2017 via email to Samra Yoseph at samra.yoseph@hq.dodea.edu.

Note: DoDEA has a maximum email limit of 10MB. Vendors shall confirm receipt of their electronic copy by return email from these the above email addresses.

Summary of Important Due Dates:

Submission

Due Date/ Time June 28, 2017

10:00 AM EST

July 10, 2017

10:00 AM EST

To samra.yoseph@hq.dodea.edu

Volumes 1-3 Electronic Copy by email to:

samra.yoseph@hq.dodea.edu

Subject: HE154-17-R-0009

(End of addendum to FAR 52.212-1)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible vendor whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

b) The following factors shall be used to evaluate the quotes: Technical Capability, Past Performance and Price. The evaluation factors in order of importance are Technical, Past Performance, and Price. When combined Technical and Past Performance are significantly more important than price.

c) The Offeror's technical proposal, which will not exceed 20 pages in length (not including resumes), shall address all areas of the performance work statement. The Government's evaluation may address any and all aspects of the Offeror's proposal, although particular attention will be paid to the following areas:

Factor 1: Technical Capability: Ability to meet the required specifications set forth in this solicitation. Specifically, the vendor must demonstrate how they meet all the requirements in this solicitation’s Performance Work Statement (PWS).

0. Briefly explain how DoDEA schools will be accredited in light of the fact that DoDEA schools are not bound by US Department of Education regulations, per PWS 2.3.

0. Explain the way expert consultation services and technical assistance (online and telephonic) will resolve challenges, per PWS 5.7.1 and 5.7.5.

Factor 2 – Past Performance: Each Offeror shall submit three relevant past performance references with its offer. A questionnaire will be used to verify and evaluate references. Past performance will be evaluated to determine the vendor’s likelihood of success on the present requirement.

Factor 3: The total offered price will be evaluated by adding the total price for all options to determine price fairness and reasonableness. An offer may be rejected or not be considered for award if it is materially unbalanced. An offer is considered to be materially unbalanced when it is based on prices significantly less for some deliverables and prices which are significantly higher for other similar deliverables; and /or when discrepancies are present between prices for the base year and prices for the option years.

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

1. 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.

(e) The terms and conditions/terms of use/end user license agreements for the digital resources will not be rated as part of the evaluation. Instead, the Government will review the apparent successful offeror’s terms and conditions/terms of use/end user license agreement for the digital resources and, to the extent that the contracting officer determines that any provisions of the terms and conditions/terms of use/end user license agreement for the digital resources are contrary to federal law and agency rules and regulations, the offeror will negotiate an amendment with the contracting officer to address such provisions prior to award. Failure to negotiate an amendment acceptable to the Government will make the offeror ineligible for award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 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.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“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…