20140514_COMSYNSOL_Career_Mapping_Final.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice.

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 05-72 dated 30 January 2014.

The solicitation number for this requirement is HS0021-14-R-0044. This solicitation is issued as a request for proposals (RFP). This acquisition is not restricted and it will be solicited as a full and open requirement. The associated North American Industry Classification System (NAICS) code for this procurement is 541612, with a Product Service Code of R431. The Small Business size standard for this requirement is $14.0 million dollars.

The Defense Security Service (DSS), located in Quantico, Virginia has a requirement to procure Career Mapping Services. 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 Performance Work Statement (PWS) and who submits the required items in response to this combined synopsis solicitation submitted on or before 20 May 2014 no later than 2:00 p.m. EDT.

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 Performance Work Statement for this RFP and the Performance Requirements Summary.

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 PWS 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 PWS, 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.

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

Technical Response 15 Staffing Plan 10 Management Response 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:

Technical Response: Provide your technical approach to satisfying the requirements of the

PWS. Discuss the unique aspects of the requirement (to include specific sections of the PWS), as applicable, and your approach to satisfying these requirements. Define the risks inherent in the requirement and/or your technical approach, as well as your risk mitigation plan.

Staffing Plan: Resumes are only required for the staff who are proposed as Key Personnel.

Please do not submit resumes for staff who are not identified as Key Personnel. Provide your plan to acquire and retain qualified personnel throughout the life of the task order.

List type of personnel proposed by the sections of the PWS; include the labor categories and level-of-effort proposed per labor category for each of the PWS sections. Discuss the qualifications of proposed personnel. The qualifications submitted shall address at a minimum, education, professional experience, specific experience, professional awards and other relevant activities and achievements. In the event that cross-training/cross-utilization of personnel is proposed, discuss your approach to include how the qualification requirements of each of the positions included in the plan will be satisfied and how you plan to backfill positions identified for cross-training/cross-utilization.

Discuss how the personnel proposed satisfy specific qualifications (to include security clearances) required by the PWS. Discuss the availability of the key personnel proposed.

Management Response: Provide your management approach to satisfying the requirements of the PWS. In the event that subcontractors are proposed, discuss your communications and internal controls plan that will ensure successful satisfaction of the requirements.

Discuss how you will update the Government and bring matters to the attention of the Government. Discuss your performance, schedule and cost/price control plans. Discuss the need for, and your approach to, adding team members at the task order level to satisfy the unique requirements of this task order (as applicable).

Price: Complete the proposed CLIN structure/schedule provided. This part of the proposal shall include details for all resources required to accomplish the requirements (e.g., labor hours, rates, incidental equipment, etc.). The price proposal shall identify labor categories and labor rate. Provide a billing schedule for the base year and the billing schedule shall be based on the proposed delivery schedule.

Anticipated Period of Performance:

This requirement consists of the following:

CLIN 0001 Framework and Strategy Document CLIN 0002 Final Strategy Document CLIN 0003 Agency Aligned Career Maps CLIN 0004 Draft Career Mapping Methodologies CLIN 0005 HCMO Newletters CLIN 0006 Workforce Information Sessions CLIN 0007 Management Information Sessions CLIN 0008 Communication Strategies CLIN 0009 Status Reports to Senior Leadership CLIN 0010 HCMO annual updates CLIN 0011 Workforce Analysis CLIN 0012 Data analysis CLIN 0013 Contractor Manpower Reporting

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:

Phase In Period N/A

Base Period 12 months from date of award

ATTN: Summer Wilson Defense Security Service 27130 Telegraph Road

R-K BLDG, MCBQ

Quantico, VA 22134 Email – 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 May 9, 2014 at 12:00 p.m. EDT. 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 2:00 p.m. EDT, on May 20, 2014 to summer.wilson@dss.mil which includes hard copy submissions. 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 box identified in the previous sentence or the designated mailing address above 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.

The following provisions apply to this requirement:

52.212-1 Feb 2012 Instructions to Offerors- Commercial Items 52.212-3 ALT I Dec 2012 Offeror Representations and Certifications-Commercial Items

(offerors shall include a completed copy of the provision with its offer)

52.212-4 Jun. 2010 Contract Terms and Conditions – Commercial Items 52.203-5 Apr 1984 Covenant Against Contingent Fees 52.203-6 Sep 2006 Restrictions on Subcontractor Sales to the Government 52.203-12 Oct 2010 Limitation on Payments to Influence Certain Federal Transactions 52.204-2 Aug 1996 Security Requirements 52.222-50 Feb 2009 Combating Trafficking In Persons 52.202-1 Jan 2012 Definitions 52.217-5 Jul 1990 Evaluation of Options 52.237-3 Jan 1991 Continuity of Services 52.212-5 Jul 2010 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items mailto:summer.wilson@dss.mil mailto:summer.wilson@dss.mil mailto:summer.wilson@dss.mil http://www.sam.gov/

52.246-4 Aug 1996 Inspection of Services –Fixed Price 52-233-4 Oct 2004 Applicable Law for Breach of Contract Claim 52.252-1 Feb 1998 Solicitation Provisions Incorporated by Reference 52.252-2 Feb 1998 Clauses Incorporated by Reference 52.225-25 Dec 2012 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran—Representation and Certifications

52.204-99 Aug 2012 System for Award Management Registration 52.232-39 Jun 2013 Unenforceability of Unauthorized Obligations

52.222-40 Dec 2010 Notification of Employee Rights Under the National Labor

Relations Act 52.222-41 Nov 2007 Service Contract Act of 1965 52.222-43 Sept 2009 Fair Labor Standards Act and Service Contract Act—Price

Adjustment (Multiple Year and Option Contracts).

252.204-7012 Nov 2013 Safeguarding of Unclassified Controlled Technical Information

252.209-7001 Jan 2009 Disclosure of Ownership or Control by the Government of a Terrorist Country

252.209-7004 Dec 2006 Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country

252.215-7007 Jun 2012 Notice of Intent to Resolicit 252.232-7003 Mar. 2008 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Dec 2006 Levies on Contract Payments 252.243-7002 Dec 2012 Request for Equitable Adjustment 252.244-7000 Jun 2013 Subcontracts for Commercial Items 252.211-7003 Jun 2013 Item Identification and Valuation 252.227-7015 Jun 2013 Technical Data –Commercial Items 252.227-7037 Jun 2013 Validation of Restrictive Markings on Technical Data

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: Technical Response Factor 2: Staffing Plan Factor 3: Management Response Factor 4: Price

(1). FACTOR 1 – Technical Response: The Offeror shall demonstrate understanding of the requirements of the Performance Work Statement (PWS). The proposal will be evaluated based on the proposed approach to perform the work.

(2) FACTOR 2- Staffing Plan: The offeror’s proposal will be evaluated to determine if the staffing plan is reasonable to ensure adequate level of personnel to perform the work and if the proposed personnel possess adequate education and experience to successfully perform the contract work effort in accordance with the performance work statement.

(3) FACTOR 3 – Management Response: The proposal will be evaluated to determine if the proposed management process and procedures are adequate to ensure timely and quality performance of the PWS requirements.

(4). FACTOR 4 –Price: Price analysis will be used to determine that the prices are fair and reasonable. Price will not be assigned an adjectival rating or be scored.

(5). Relative Importance of Factors. The relative importance of each factor is as follows:

Factor 1, Factor 2, and Factor 3 are of equal importance. All evaluation factors other than Price, when combined, are approximately equal to price.

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. 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.

Technical/Risk Ratings

Outstanding - Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good - Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable - Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Marginal - Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Unacceptable - Proposal does not meet requirements and contains one or more deficiencies.

Note: a rating of Unacceptable is not eligible for award.

(b). Options: Not applicable to this requirement.

(c). A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2013)

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.

“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 http://www.acquisition.gov/ http://uscode.house.gov/ 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(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 http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 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 on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://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 SAM.]

(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 o is, o 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 o is, o 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 o is, o is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o 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 o is, o is not a women-owned small business concern.

http://www.acquisition.gov/ https://acquisition.gov/far/current/html/Subpart%204_12.html#wp1073667

(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 o is, o 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 o is, o 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 o is, o 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 o is, o 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.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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 o 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.] https://acquisition.gov/far/current/html/52_217_221.html#wp1136333 https://acquisition.gov/far/current/html/52_217_221.html#wp1136374

(i) General. The offeror represents that either—

(A) It o is, o 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 o has, o 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) o 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 o is, o 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 o is, o 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) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It o has, o has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It o has developed and has on file, o 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 parts 60-1 and 60-2), or

(ii) It o 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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—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 Act—Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(k) Certificates regarding exemptions from the application of the Service Contract Act.

(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] https://acquisition.gov/far/current/html/52_223_226.html#wp1168995

[ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror o does o does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

[ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror o does o does not certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the

Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), https://acquisition.gov/far/current/html/Subpart%2022_10.html#wp1105165 https://acquisition.gov/far/current/html/Subpart%2022_10.html#wp1105165 https://acquisition.gov/far/current/html/Subpart%2022_10.html#wp1105165 https://acquisition.gov/far/current/html/Subpart%2022_10.html#wp1105165 http://uscode.house.gov/ reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(3) Taxpayer Identification Number (TIN).

o TIN: ________________________________.

o TIN has been applied for.

o TIN is not required because:

o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

o Offeror is an agency or instrumentality of a foreign government;

o Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

o Sole proprietorship;

o Partnership;

o Corporate entity (not tax-exempt);

o Corporate entity (tax-exempt);

o Government entity (Federal, State, or local);

o Foreign government;

o International organization per 26 CFR 1.6049-4;

o Other ________________________________.

(5) Common parent.

o Offeror is not owned or controlled by a common parent;

o Name and TIN of common parent:

Name ________________________________.

TIN _________________________________.

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations.

(1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874.

(2) Representation. By submission of its offer, the offeror represents that—

(i) It is not an inverted domestic corporation; and

(ii) It is not a subsidiary of an inverted domestic corporation.

http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%204_9.html#wp1091081

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)

(see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if—

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products.

Alternate I (Apr 2011). As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision:

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

[The offeror shall check the category in which its ownership falls]:

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of https://acquisition.gov/far/current/html/CISADA106@state.gov http://www.treasury.gov/ofac/downloads/t11sdn.pdf https://acquisition.gov/far/current/html/52_212_213.html#wp1179194 https://acquisition.gov/far/current/html/Subpart%2012_3.html#wp1084399

Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2013)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108- 78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

____ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

____ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111- 117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110- 161).

____ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (11) [Reserved]

____ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

_X___ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

____ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (Jul 2010) of 52.219-9.

____ (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

____ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

____ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

____ (ii) Alternate I (June 2003) of 52.219-23.

____ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

__X__ (23) 52.219-28, Post Award Small Business Program Representation (Apr 2012) (15 U.S.C. 632(a)(2)).

____ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business…