HS0021-14-R-0030_CDSE_ED502 505 601.doc.pdf

DEFENSE SECURITY SERVICE

JULIE BARDO 571.305.6110

RUSSELL-KNOX BUILDING

27130 TELEGRAPH ROAD

QUANTICO VA 22134

571.305.6110

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$14 M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HS0021-14-R-0030 25-Jun-2014

b. TELEPHONE NUMBER

571.305.6110

8. OFFER DUE DATE/LOCAL TIME

08:00 AM 02 Jul 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

HS0021

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE HS0002 16. ADMINISTERED BY

DEFENSE SECURITY SERVICE - CDSE

WAYNE LUND

938 ELKRIDGE LANDING RD

LINTHICUM MD 21090

TEL: (410) 865-3187 FAX: 410-865-6010

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JULIE BARDO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

611430

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

HS0021-14-R-0030

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BASE PERIOD - ED502

FFP

ED502 - "Organizational Considerations in Applying Security within the Federal and DoD Bureaucracy"

The contractor shall provide support as set forth in the Statement of Work at

Attachment 1 and the ED502 Detailed Design Document at Attachment 3.

FOB: Destination

NET AMT

0001AA 2 Each ED502 Course Updates

FFP

Update up to 10% of the course

0001AB 34 Week Course Instruction for ED 502

FFP

See ED502 SOW

0001AC 2 Each ED 502 Final Report

FFP

See SOW

BASE PERIOD - ED509

FFP

ED509 - "Assessment and Evaluation of DoD Security Programs"

Attachment 1 and the ED509 Detailed Design Document at Attachment 4.

0002AA 2 Each Course Updates ED 509

FFP

0002AB 34 Week Course Instruction for ED 509

FFP

See ED509 SOW

0002AC 2 Each ED 509 Final Report

FFP

BASE PERIOD - ED601

ED601 - "Statutory, Legal and Regulatory Basis of DoD Security Programs"

Attachment 1 and the ED601 Detailed Design Document at Attachment 5.

0003AA 2 Each ED 601 Course Updates

FFP

0003AB 34 Week Course Instruction for ED 601

FFP

See ED601 SOW

0003AC 2 Each ED 601 Final Report

FFP

See SOW for ED601

OPTION PERIOD - ED502

FFP

ED502 - "Organizational Considerations in Applying Security within the Federal and DoD Bureaucracy"

Upon option exercise, the contractor shall provide support as set forth in the

Statement of Work at Attachment 1 and the ED502 Detailed Design Document at

Attachment 3.

1001AA 2 Each OPTION Optional ED502 Course Updates

FFP

1001AB 34 Week OPTION Optional Course Instruction for ED 502

FFP

See ED502 SOW

1001AC 2 Each OPTION Optional ED 502 Final Report

FFP

OPTION PERIOD - ED509

ED509 - "Assessment and Evaluation of DoD Security Programs"

Statement of Work at Attachment 1 and the ED509 Detailed Design Document at

Attachment 4.

1002AA 2 Each OPTION Optional Course Updates ED 509

FFP

1002AB 34 Week OPTION Optional Course Instruction for ED 509

FFP

See ED509 SOW

1002AC 2 Each OPTION Optional ED 509 Final Report

FFP

OPTION PERIOD - ED601

ED601 - "Statutory, Legal and Regulatory Basis of DoD Security Programs"

Statement of Work at Attachment 1 and the ED601 Detailed Design Document at

Attachment 5.

1003AA 2 Each OPTION ED 601 Course Updates

FFP

1003AB 34 Week OPTION Course Instruction for ED 601

FFP

See ED601 SOW

1003AC 2 Each OPTION Optional ED 601 Final Report

FFP

See SOW for ED601

INSTRUCTIONS TO OFFERORS

This is a combined synopsis/solicitation for instruction support for the Center for Development of Security Excellence (CDSE), commercial items prepared in accordance with the format in

FAR Subpart 12.6 as supplemented with additional information included in this notice. The required services are further described in the Statement of Work (SOW), Enclosure (1). This announcement constitutes the only solicitation; there will not be an additional solicitation issued after this notice. This acquisition will be conducted in accordance with FAR 13.5, Test Program for Certain Commercial Items. This solicitation document incorporates provisions and clauses that were in effect through Federal Acquisition Circular 05-74 dated 30 May 2014.

This acquisition will be solicited as a 100% small business set-aside. The associated North

American Industry Classification System (NAICS) code for this procurement is 611430, with a

Product Service Code of R499. The Small Business size standard for this requirement is $14.0 million dollars.

The Defense Security Service (DSS), located in Linthicum, Maryland has a requirement to procure Course Instruction, updates and reports. The proposals will be evaluated in accordance with FAR Part 52.212-2. DSS anticipates making an award to the offeror whose proposal represents the best value to the government. The Government intends to award a single contract as a result of this RFP to the offeror who can fulfill all requirements of this RFP and the

Statement of Work (SOW) who submits the required items in response to this combined synopsis/solicitation submitted on or before 2 July 2014 no later than 8:00 a.m. local time

Quantico, VA.

DSS anticipates awarding a firm fixed price (FFP) contract. The Government intends to issue a single contract to the responsible offeror who submits an offer in accordance with this solicitation.

Three (3) copies of the technical proposal and one (1) copy of your price proposal shall be delivered by mail or special delivery and both the price and technical proposal shall be delivered electronically, via email. The technical and price proposals shall be separate documents.

Electronic submissions are subject to the following constraints:

Government security systems will delete e-mail enclosures or attachments with the following extensions; ensure that your response contains none of the following:

*.ace* *.ad* *.asp* *.bas* *.bat* *.b64* *.bhx* *.bin* *.ceo* *.ce0* *.chm* *.cmd* *.com*

*.cpl* *.crt* *.dbx* *.dll* *.dot* *.e x e* *.eml* *.exe* *.hlp* *.hqx* *.hta* *.htm* *.inf*

*.ins* *.isp* *.js* *.lnk* *.mdb* *.mde* *.mp3* *.mim* *.mpe* .mpg* *.msc* *.msi* *.msp*

*.mst* *.nch* *.ocx* *.pcd* *.pi* *.rar* *.reg* *.scr* *.sct* *.shb* *.shs* *.url* *.uu* *.uue*

*.v b s* *.vb* *.vs* *.wab* *.wma* *.wmi* *.wmv* *.wsb* *.wsc* *.wsf* *.wsh* *.xxe*

*.zip*

Instructions for Submitting Your Offer

a. When submitting your response for consideration, please ensure that all of the following items are submitted. Failure to do so could result in your response being rejected.

Responses shall be presented in a manner that clearly addresses the requirements of the

Statement of Work for this RFP.

b. Technical and Price Proposals shall be separate documents. While the Technical Proposal must not contain any reference to price, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be provided in sufficient detail to evaluate the Contractor’s understanding of the SOW requirements. Technical proposals should be limited to pages 8.5 x 11, font size 12. Technical proposals shall include the date of availability for each proposed employee/sub-contractor employee anticipated to work on the project. If proposed personnel become unavailable prior to award, the contractor shall notify the Contracting Officer, and provide corrected information. Please be advised if security clearance requirements are specified in the

SOW, they must be satisfied on the start date. If access to local area networks is necessary for performance of the requirement, a secret clearance (or interim) must be provided on the start date by the close of the solicitation.

c. The length of the response is limited as identified below. Information submitted beyond limitations will not be evaluated and could be cause for rejection of the response.

Section Page Limit

Key Personnel Resumes 2

Experience 10

Past Performance 10

There is no page limit for the price proposal but technical information included in the price proposal will not be evaluated.

d. Your response shall include the following information:

A full and complete quote is defined as follows:

1. Price: Quoter must provide a firm fixed price using the attached “Price Form”. The total evaluated price will be the sum of the deliverables for the base and one option.

The pricing sheet shall include the quoter’s DUNS number and CAGE code.

2. Key personnel résumés (instructor/SME): Describe how the candidate meets the qualifications set out in DSS Clause DSS 2014.03-18 KEY PERSONNEL

REQUIREMENTS (LOCAL CLAUSE). Each key person must meet the requirements set forth in SOW paragraph 4.2. (attachment 1). Each résumé shall not exceed two pages. Up to one résumé per course may be submitted. By submitting a résumé, the vendor is asserting that the individual quoted is available to instruct the course. Failure to clearly demonstrate how the candidate(s) meet/s the minimum qualifications in the SOW may result in an unfavorable evaluation.

3. Experience: Provide up to three (3) recent (performed within the last three years) examples of experience similar in magnitude and complexity as the work described in the SOW. Describe the work performed and how it relates to your ability to provide instruction support for CDSE. Failure to clearly articulate how the experience examples correlate to the work to be done in the SOW may result in an unfavorable evaluation. The description shall not exceed two pages for each example. For each example, include the contract number; period of performance;

the name of the contracting officer (if applicable); contracting officer’s representative (COR) or commercial point of contact (POC) and his or her telephone number and e-mail address; the dollar amount of the contract; and contract tier (i.e. prime or sub). The COR or POC must be able to verify the type and quality of work that was performed experience similar in magnitude and complexity as the work described in the SOW. Failure to provide the contract information may result in an unfavorable evaluation.

4. Past performance: DSS will use the information from the contracts listed in

“Experience” to evaluate past performance. You are responsible for assuring the

POCs cooperate with us. DSS may obtain and consider relevant information to evaluate past performance, including information from the Past Performance

Information Retrieval System (PPIRS).

5. Representations: Mark and return the representations dealing with Tax

Delinquencies and Felony Convictions contained in the representations enclosure.

Anticipated Period of Performance:

The contracting officer or the COR will provide the contractor each course start date not later than 45 days prior to the start of the course.

This requirement consists of the following:

Offerors are responsible for submitting responses to the Government office designated below by the time specified in this combined synopsis solicitation. Any response received after the date/time specified for receipt of offers will be considered “late”. It is the responsibility of the offeror to ensure that your response is received in a timely manner. Submit your response to this

RFP to the following:

Email – julie.bardo@dss.mil and summer.wilson@dss.mil

Technical Questions - shall be sent via email to summer.wilson@dss.mil with the solicitation number reference in the subject line. All questions must be submitted no later than June 30, 2014 at 08:00 a.m. local time Quantico, VA. Telephonic inquiries will not be accepted.

To conform with this combined synopsis/solicitation the offeror shall submit your response to this RFP along with the supporting documents as required per this combined synopsis/solicitation by 8:00 a.m. local time Quantico, VA, on July 2, 2014 to julie.bardo@dss.mil and summer.wilson@dss.mil. Proposals that are received late (i.e.

after the date and time shown in the preceding sentence), incomplete, or at any location other than the e-mail boxes identified in the previous sentence will be considered to be late and will not be evaluated by the Government. E-mail transmission is not instantaneous and delays in transmission may occur anywhere along the route. The Government takes no responsibility for any delays in the transmission of an e-mail quote.

It is a Department of Defense requirement for all offerors to register on the System for Award

Management website (SAM) located at www.sam.gov in order to be considered for an award.

All offerors who are not registered in the SAM database at the time of the solicitation closing will not be considered for the award. The offeror shall have the appropriate NAICS code associated with this requirement in their SAM profile before an award can be made. Interested sources who submit data are responsible for appropriately marking information if it is proprietary in nature. A determination by the Government to not award based on the responses to this RFP combined synopsis solicitation is solely within the discretion of the Government.

Phase In Period DOCA to 08/24/2014

Base Period 07/07/2014-07/06/2015

Optional Period One 07/07/2015-07/06/2016 mailto:julie.bardo@dss.mil mailto:summer.wilson@dss.mil mailto:summer.wilson@dss.mil mailto:julie.bardo@dss.mil mailto:summer.wilson@dss.mil http://www.sam.gov/

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

0001AA N/A N/A N/A Government

0001AB N/A N/A N/A Government

0001AC N/A N/A N/A Government

0002 N/A N/A N/A Government

0002AA N/A N/A N/A Government

0002AB N/A N/A N/A Government

0002AC N/A N/A N/A Government

0003 N/A N/A N/A Government

0003AA N/A N/A N/A Government

0003AB N/A N/A N/A Government

0003AC N/A N/A N/A Government

1001 N/A N/A N/A Government

1001AA N/A N/A N/A Government

1001AB N/A N/A N/A Government

1001AC N/A N/A N/A Government

1002 N/A N/A N/A Government

1002AA N/A N/A N/A Government

1002AB N/A N/A N/A Government

1002AC N/A N/A N/A Government

1003 N/A N/A N/A Government

1003AA N/A N/A N/A Government

1003AB N/A N/A N/A Government

1003AC N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 07-JUL-2014 TO

30-JAN-2015

N/A DEFENSE SECURITY SERVICE - CDSE

WAYNE LUND

938 ELKRIDGE LANDING RD

LINTHICUM MD 21090

(410) 865-3187

HS0002

0001AA N/A N/A N/A N/A

0001AB N/A N/A N/A N/A

0001AC N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0002AA N/A N/A N/A N/A

0002AB N/A N/A N/A N/A

0002AC N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0003AA N/A N/A N/A N/A

0003AB N/A N/A N/A N/A

0003AC N/A N/A N/A N/A

1001 N/A N/A N/A N/A

1001AA N/A N/A N/A N/A

1001AB N/A N/A N/A N/A

1001AC N/A N/A N/A N/A

1002 N/A N/A N/A N/A

1002AA N/A N/A N/A N/A

1002AB N/A N/A N/A N/A

1002AC N/A N/A N/A N/A

1003 N/A N/A N/A N/A

1003AA N/A N/A N/A N/A

1003AB N/A N/A N/A N/A

1003AC N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-2 Security Requirements AUG 1996

52.204-7 System for Award Management JUL 2013

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUL 2013

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

AUG 2013

52.212-1 Instructions to Offerors--Commercial Items APR 2014

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2014

52.217-5 Evaluation Of Options JUL 1990

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-14 Limitations On Subcontracting NOV 2011

52.222-41 Service Contract Act Of 1965 MAY 2014

52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option

Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons FEB 2009

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-3 Continuity Of Services JAN 1991

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.252-2 Clauses Incorporated By Reference FEB 1998

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014

252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

MAR 2014

252.211-7003 Item Unique Identification and Valuation DEC 2013

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.215-7007 Notice of Intent to Resolicit JUN 2012

252.215-7007 Notice of Intent to Resolicit JUN 2012

252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014

252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

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

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

Factor 1: Price

Factor 2: Key personnel résumés

Factor 3: Experience

Factor 4: Past Performance

Factor 5: Representations

The proposal evaluation and discussion procedures in Federal Acquisition Regulation (FAR) Part 15, Contracting by

Negotiation, does not apply to this acquisition. Source selection will be conducted in accordance with FAR Part

13.106-2 (b) (3), and supplements thereto. The Government will not establish a competitive range; conduct

"discussions" with all responders within a competitive range, or request final proposal revisions ("best and final offers") from offerors. If possible the government intends to make an award on initial proposals without discussions.

Your initial proposal should reflect your best offer. If necessary, after proposals are received, offerors may be contacted to request additional oral or written information from one or more offerors, but not necessarily from all offerors. The Government may conduct discussions with only the highest rated offeror(s), and/or may conduct discussions with only the highest rated offeror as necessary to finalize information/price/cost prior to making an award. The Government will employ a Best Value Trade-Off evaluation method for this requirement.

Factors 2, 3 and 4, when combined, are more important than price.

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (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 (c) through (o) of this provision.

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

“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.

http://www.acquisition.gov/

"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 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.

"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 small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part

127)”, 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.

(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 (o) 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 electronically 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.

https://www.acquisition.gov/

(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.

(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 $150,000.) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American --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:

Line Item No.

Country of

Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) 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 terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,''

``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,''

``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian

End Products) or Israeli End Products:

Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli

Trade Act." The offeror shall list as other 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.”

Other Foreign End Products:

Line Item No.

Country of

Origin

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No.

Country of

Origin

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or

Peruvian End Products) or Israeli End Products:

Origin

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Origin

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that --

(1) The offeror and/or any of its principals ( ___ ) are, ( ___ ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

(2) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) ( ___ ) Are, ( ___ ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing.