NBACC-Ft._Detrick_Re-compete_RFP_HSHQE3-14-R-00001_(Solicitation_Provisions).doc

HSHQE3-14-R-00001 272 of 272 PSO Services for National Biodefense Analysis and Countermeasures Center (NBACC), Fort Detrick, Maryland

SOLICITATION PROVISIONS

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS (FEB 2012)

The US Department of Homeland Security (DHS), Office of Procurement Operations, Federal Protective Service (FPS) is issuing this competitive request for proposals (RFP) to solicit offers for the purpose of awarding a contract to provide the services described herein. DHS/OPO/FPS (the Government) will conduct this acquisition using the procedures of Part 12 of the Federal Acquisition Regulations.

Proposals are due no later than 2:00pm Eastern Time, 15 November 2013. Submissions shall be made via hard copy to: Jerry Buday, 701 Market Street, Suite 3200, Philadelphia, PA 19106.

Any proposal received at the Government office designated in the RFP after the exact time for receipt of proposals specified above will be deemed “late” and will be considered only in accordance with the provisions set forth under FAR 52.212-1, Instructions to Offerors – Commercial Items, paragraph (f).

By submitting a proposal, the Contractor agrees to comply with all terms and conditions set forth in this RFP, including the Statement of Work (SOW).

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)(Tailored)

(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. In addition to price, the following technical evaluation factor shall be used to evaluate offers and are listed in descending order of importance. Relevant Past Performance and Management Approach are both significantly more important than Socio-economic Factor.

Relevant Past Performance

Management Approach

Socio-economic Factor The technical evaluation factors, when combined, are significantly more important than price.

The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Offerors lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance. The Government will consider the quality of an offeror’s past performance. This consideration is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the offeror’s relevant past performance will be used as a means of evaluating the relative capability of the offeror and other competitors to successfully meet the requirements of the RFP. In determining the rating for the past performance evaluation factor, the Government will give greater consideration to the contracts which the Government feels are most relevant to the RFP.

The Government reserves the right to award the contract to other than the lowest priced offeror.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options (including the 6-month option available under FAR 52.217-8) 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).

The Government has estimated Other Direct Costs in Support of the COOP Implementation as follows:

Other Direct Costs in Support of COOP Implementation

Base Year

Not to Exceed $100,000.00

Option I

Option II

Option III

Option IV

FAR 52.217-8 Extension (6 months) Not to Exceed $ 50,000.00

The Government’s estimated Other Direct Costs (ODCs) (inclusive of applicable indirect burden(s)) shall be used for the purpose of evaluating the price proposal. Therefore, offerors shall use these estimates in preparing their price proposal.

(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 offeror’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.

Efficient Competition. Non-price factors, when combined, are significantly more important than price. However, offerors are advised that the Government may not evaluate the technical proposals of all offerors under this RFP. The government will first review the total evaluated price of all proposals received. The technical proposals of those offerors whose pricing is determined by the Contracting Officer to be most competitive may be reviewed prior to, or instead of, other technical proposals received. Based on the initial review of these technical proposals, the government may not evaluate the technical proposals of other offerors, whose total evaluated pricing was higher than that of one already evaluated and already assigned the highest possible technical rating. This would occur when the Contracting Officer determines that any possible technical superiority of an unevaluated (and higher priced) technical proposal, over (a lower priced) one that was already evaluated and assigned the highest possible technical rating, would not warrant any additional price premium.

Proposal Submission Requirements

1. The resulting contract requires access to classified information. Offerors shall possess a Top Secret/Sensitive Compartmented Information (SCI) facility clearance prior to the date and time established for submission of offers. Offerors shall provide a certified statement of current Top Secret/SCI Facility Clearance which will be verified through the Defense Security Service by the Contracting Officer prior to award.

2. Standard Form 1449, Solicitation/Contract/Order for Commercial Items – When responding to this RFP the Contractor must use the Standard Form 1449 as a cover page to the proposal.

3. Proposals shall be comprised of TWO (2) separate sealed envelopes. The first envelope shall contain five (5) copies of the technical (non-price) submission. The second envelope shall contain the original and one copy of the pricing submission, with a CD-ROM version containing all formulas, and all other documents required by the solicitation (e.g. SF 1449, Pricing Schedule, Price Element Breakdown, Disclosures, Representation & Certifications, Subcontracting Plan (if applicable), etc.). Both of these envelopes should then be sealed in a third envelope that clearly identifies the RFP for which it is being submitted.

4. Page Limitation - Excluding the cover page and past performance forms and questionnaires, the technical proposal (covering all non-price factors) is limited to twenty (20) pages in at least 11pt. font and 1” margins. Pages in excess of this limitation will not be evaluated.

5. Contractors are informed that it is the Government’s desire to make award on initial proposals when deemed possible by the Contracting Officer, however the Government reserves the right to communicate and/or negotiate with offerors if later determined necessary.

6. Proposals shall specify the offer expiration date. Offerors shall hold their offers valid for 120 days after the solicitation closing date, unless requested to further extend it by the Contracting Officer.

7. Offerors, other than small businesses, shall prepare and submit with their proposal an individual type Small Business Subcontracting Plan.

a. Offerors should thoroughly review the requirements set forth in FAR 19.704, Subcontracting plan requirements, and FAR Clause 52.219-9, Small Business Subcontracting Plan, before submitting their Plans. The subcontracting plan shall state separately the total dollars and percentages that will be subcontracted to each category; large business, small business (SB), HUBZone small business, small disadvantaged business (SDB), women-owned small business (WOSB), and service-disabled veteran-owned small business (SDVOSB) concerns.

b. Subcontracting plans must be consistent with the provisions of the above Clause and are subject to negotiations along with the terms and conditions of any contract resulting from this solicitation. The successful offeror’s subcontracting plan must be approved by the Contracting Officer prior to award and shall be incorporated into the resultant contract. The Contracting Officer will monitor, evaluate and document contractor performance in adhering to 52.219-9 and meeting its subcontracting goals as set forth in its approved plan.

c. The DHS subcontracting goals for Fiscal Year 2012 and 2013 are listed below and shall be utilized for developing a subcontracting plan in response to this solicitation.

Percentage of Total Subcontracting Dollars

Technical Proposal (Non-price factors) – The government shall incorporate all elements of the successful contractor’s technical proposal (in full or by reference), except for Relevant Past Performance information, into any contract resulting from this RFP. The Contractor is required to submit the following technical (non-price) information:

1. Relevant Past Performance:

The Contractor shall demonstrate relevant past performance on contracts currently being performed or performed within the past three (3) years or affirmatively state that it possesses no relevant past performance. The Government will determine relevance by analyzing the “scope”, “magnitude” and “complexity” of the reference contracts and comparing them to the instant requirement. The Government reserves the right to evaluate submitted projects individually or in the aggregate in order to determine relevance and will do so consistently across all evaluated offers. The Government will also consider the quality of the Contractor’s relevant past performance.

Reference Contracts:

a. The Contractor shall submit up to a maximum of three (3) contracts for evaluation. The Government reserves the right to obtain information from sources other than those identified by the Contractor.

b. If a teaming arrangement is being proposed, refer to Notes #1 and 2 below for additional proposal submission requirements.

Past Project Form. The Contractor shall complete a Past Project Form (Attachment 3) for each reference contract submitted.

Past Performance Questionnaires.

a. Past Performance Questionnaires (Attachment 4) shall be submitted for each reference contract unless a Contract Performance Assessment Report (CPARS) for the most recently completed performance period is resident in the Past Performance Information Retrieval System (PPIRS) for the reference contract. At their discretion, offerors may supplement their PPIRS report by having a Past Performance Questionnaire completed and submitted.

b. For each contract requiring submission of a questionnaire, the Contractor shall forward the Past Performance Questionnaire to a cognizant representative of the customer organization that purchased the services from your company to provide feedback (e.g. Project Manager, Contracting Officer’s Representative). The Contractor shall instruct the customer representative to complete the questionnaire and return it, by the RFP submission due date, directly to Jerry Buday by email (preferred) at gerald.buday@hq.dhs.gov or, by mail to Jerry Buday at U.S. Department of Homeland, FPS Acquisition Division, 701 Market Street, Suite 3200, Philadelphia, PA 19106.

Minimum Submission Requirements Relevant Past Performance Offerors shall submit as a minimum the following to demonstrate the above:

- A Past Project Form (Attachment 3) for each reference contract submitted.

- A Past Performance Questionnaires (Attachment 4) for each reference contract unless a CPARS for the most recently completed performance period is resident in PPIRS for the reference contract.

- A narrative describing the teaming arrangement or the actual Teaming Agreement (if one exists), if a teaming arrangement is being proposed. (See Notes #1 and 2 below) Notes for Relevant Past Performance:

1. Where a teaming arrangement (as defined at FAR Subpart 9.6) is proposed, an additional maximum of up to three (3) projects for partner(s)/subcontractor(s) shall be submitted. Thus a maximum of no more than six (6) projects (3 for the prime and 3 for the subs or other partners) shall be submitted in total.

2. Where a teaming arrangement is proposed, a narrative and/or the actual Teaming Agreement if one exists, shall be submitted as part of the proposal by the managing partner of the joint venture or the prime contractor. The Government is interested in the roles, responsibilities, and distribution of effort (by type and percentage) between the parties in performance of the Government’s requirement and this narrative may enhance the Government’s understanding of your proposal. This narrative and/or Teaming Agreement will not count against the stated page size limitation.

2. Management Approach:

FPS desires that offerors provide management strategies and proposed solutions demonstrating how they will result in better value to the government. In response to this Evaluation Factor, offerors shall address Quality Assurance, Transition and Relief.

A. Quality Assurance:

1. Field Level Supervision of Protective Security Officers (PSO)

a. Offerors may, at their discretion, provide a narrative to enhance the Government’s understanding of their proposal, containing their rationale for the processes, procedures and methods to be used by supervisors to ensure that effective supervision is provided contract-wide.

2. Quality Control: Quality Control (QC) as used in the context of this evaluation area refers to the Contractor’s formal QC Plan and the activities to be undertaken by the QC monitors in accordance with that plan. While routine activities undertaken by field level supervisors may be part of the overall QC Plan, under this evaluation area the Government is most interested in those QC activities conducted by other than field level supervisors.

a. Offerors shall address their Quality Control Plan which will be provided as a post award deliverable. At a minimum, the summary shall detail what will be inspected, the methods of inspection to be used and the frequency of inspections. Offerors may, at their discretion, include a discussion of any other aspect of their quality control plan to enhance the Government’s understanding of the proposal such as location of inspections, inspection of remote posts, inspection of high-visibility and/or high traffic posts, and the methods of documenting inspections.

b. Offerors shall discuss their processes for addressing non-compliance issues (employee and other) which are identified through their Quality Control efforts.

c. Minimum Submission Requirements Quality Control: Offerors shall submit as a minimum the following to demonstrate the above:

- Offerors shall address their Quality Control Plan which will be provided as a post award deliverable. At a minimum, the summary shall detail what will be inspected, the methods of inspection to be used and the frequency of inspections.

- Offerors shall discuss their processes for addressing non-compliance issues identified through their Quality Control efforts.

B. Transition:

1. Offerors shall outline significant transition steps and the associated timeframes for completing these steps to assure timely contract start-up and performance. While there is no comprehensive list of significant transition steps that are required to be addressed, it is recommended that offerors address how they will accomplish the timely provision of all contract required equipment, licensing, permits and training to enhance the Government’s understanding of the proposal. Offerors, at their discretion may also discuss any nuances of the subject requirements and/or local conditions that might present a risk to successful transition and how this risk will be mitigated. This discussion may enhance the Government’s understanding of the proposal.

2. Minimum Submission Requirements Transition: Offerors shall submit as a minimum the following to demonstrate the above:

- Offerors shall outline significant transition steps and the associated timeframes for completing these steps to assure timely contract start-up and performance.

Note: In no event shall any proposed transition timeline include assumptions that the government will waive or defer any contract requirements. Additionally, in no event shall any proposed plan for transition training be dependent upon availability of Government personnel after normal business hours (e.g. overseeing training during evenings and weekends).

C. Relief:

1. Relief Plan.

a. Offerors shall provide a detailed plan indicating their approach to providing relief. Descriptions of relief plans that do nothing more than restate the SOW requirements or assert the intent to comply with applicable laws and regulations such as “relief shall be provided in accordance with the applicable Collective Bargaining Agreement or applicable Department of Labor regulations” may adversely impact your evaluation under this technical factor. Aspects of the relief plan that Offerors may address at their discretion to enhance the Government’s understanding of the proposal, include their policy for providing meal and break periods and whether these periods are paid or unpaid, the number of annual relief hours that will be required to fill all posts requiring continuous coverage during meal/break periods, the number of personnel that they will provide to perform annual relief hours, and whether the personnel are dedicated full time equivalents for provision of relief or if they will perform under the contract in other capacities in addition to relief. Offerors are reminded that patrol (rover) and supervisory PSOs shall not be used to provide breaks/relief while simultaneously performing the rover or the supervisory function. If using supervisory personnel to provide relief, a plan should be in-place to ensure that this does not impact your proposed level of supervision.

b. Minimum Submission Requirements Relief Plan: Offerors shall submit as a minimum the following to demonstrate the above:

- Offerors shall provide a detailed plan indicating their approach to providing relief.

Notice to Offerors: Submission of information under the “Management Approach” factor in response to the solicitation does not take the place of or otherwise diminish the successful contractor’s requirement to submit detailed related contract deliverables (e.g., Transition Plan, Quality Control Plan, etc.) after contract award. Rather, the information provided in response to this factor should be detailed enough (without exceeding prescribed page limitations) to present the offeror’s strategy and/or innovative solutions to delivering the highest quality security services in full compliance with all contract requirements. After award of the contract, the successful contractor's Management Approach will be incorporated into the contract. Notwithstanding this incorporation, the successful awardee will be required to submit detailed contract deliverables which not only provide greater detail than what is provided with the quote or proposal, but also fully delineates the planned implementation of the promised approach(s) and plans for communicating results to the COR throughout contract performance.

3. Socio-economic Factor

a. All business concerns (to include small businesses) shall address the extent of participation of small disadvantaged business concerns (SDB) in performance of this contract. The offeror must provide with its offer their SDB participation targets expressed as dollars and percentages of the total contract price; a total target for SDB participation by the contractor, including joint venture partners, and team members; and a total target for SDB participation by subcontractors. To this end, offerors shall complete Attachment 10 and submit it in Package #2; All Non-Technical Documents (refer to the Proposal Submission Requirements Summary in Attachment 8).

1. The targets will be incorporated into and become part of any resulting contract. Contractors shall be required to report SDB participation.

2. The current goal held by the Department of Homeland Security (DHS) for contracting with SDB concerns is 5%. The NAICS code assigned to this requirement is

561612. The small business size standard associated with 561612 is as set forth at http://www.sba.gov/sites/default/files/files/size_table_07222013.pdf.

b. Large Business Concerns shall address Prime Contractor Participation in the DHS Mentor Protégé Program by checking the appropriate box on Attachment 10.

c. Large Businesses may be given additional credit for participating in the DHS Mentor Protégé Program. Additional credit will only be applied when comparing the offer of one large business to the offer of another large business. A large business will not be given credit for this factor when comparing the offer of a large business concern to the offer of a small business concern. The contracting officer may, in his or her discretion, give credit for approvals that occur after initial evaluation of proposals, but before final evaluation.

d. Minimum Submission Requirements Socio-economic Factor: Offerors shall submit as a minimum the following to demonstrate the above:

- Attachment 10, Extent of Participation by Small Disadvantaged Business Concerns

- Large Business Concerns only shall address Prime Contractor Participation in the DHS Mentor Protégé Program by checking the appropriate box on Attachment 10.

Price Proposal

1. If it is determined by the Government that award of a successor contract cannot be made to start immediately after the end of the last ordering period, the Government shall have the unilateral option of extending the services of this contract for an additional six (6) months beyond the last ordering period in accordance with FAR 52.217-8. The price associated with the potential need to exercise the option under FAR 52.217-8 shall be evaluated. Using the Pricing Schedule, the Contractor shall submit monthly prices and extended prices (i.e. Monthly Price x Estimated Quantity) for the line items entitled, “6 Month Extension Period Pursuant to FAR 52.217-8” under Basic Services and TAS. The Government will determine whether the price, inclusive of all options (including the options available under FAR 52.217-8), is fair and reasonable, and whether the price of the base period and all option periods (including the option(s) represented by FAR 52.217-8, in combination with the other evaluation factors specified in the solicitation, represents the best value to the Government.”

2. Using the Pricing Schedule, the Contractor must submit monthly prices and extended prices (i.e. Monthly Price x Estimated Quantity) for every line item listed under each ordering period (including the 6 month option available under FAR 52.217-8). The Contractor must also provide a Total Estimated Price for each ordering period (i.e. the sum of all line items within that performance period). Contractors submitting partial pricing information shall be ineligible for award. The monthly price prevails if a discrepancy exists between the monthly price and the extended price. If the proposed pricing is not rounded in the submitted proposal, it will be rounded two decimal places for evaluation.

3. In accordance with FAR 52.216-31, Time-and-Materials/Labor-Hour Proposal Requirements – Commercial Item Acquisition, incorporated by reference herein, the Contractor must affirm that the fixed hourly rate for each labor category applies to labor performed by (1) the Contractor; (2) subcontractor(s); and (3) divisions, subsidiaries, or affiliates of the Contractor under a common control, or some combination thereof (only applicable to the line items for Temporary Additional Services CLINs).

4. The minimum wage rates and fringe benefits applicable to this contract are outlined in the attached Department of Labor (DOL) prevailing wage determination(s) and/or the predecessor contractor’s Collective Bargaining Agreement(s) (CBA). For purposes of proposal preparation, where a predecessor contractor’s CBA applies, the minimum wages and fringe benefits of the predecessor contractor’s CBA corresponding to the initial period of performance of this contract shall be regarded as applicable to all additional period of performance under this contract. A list of all service employees including anniversary dates currently on the incumbent Contractor’s (or subcontractor’s) payroll is provided as Attachment #10.

5. The Contractor shall also provide a detailed breakdown of its proposed unit prices for each contract line item.

A. At a minimum the breakdown should clearly and adequately identify:

(1) Elements in the proposed unit prices that are associated with the level of supervision, staffing, quality control, transition, relief, COOP and other advantageous aspects proposed under the Management Approach factor.

(2) Price elements which may be subject to escalation under FAR 52.222-43, Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contracts). Examples of such elements would include, but are not limited to:

· Anticipated hourly wage rates to be paid

· Health and welfare costs

· Vacation and holiday pay

· Unemployment insurance

(3) Price elements associated with providing the services described in the Statement of Work including, but not limited to: supervision (if not separately priced), PSO relief, uniforms, weapons, ammunition, training, drug testing, licensing and permits, taxes, range practice, overhead and general and administrative costs, etc.

B. To ensure the submission of an adequate price element breakdown for purposes of this RFP, the Government suggests that the Contractor complete the attached worksheet, “Price Element Breakdown” (Attachment 6). Attachment (6A) provides instructions for completion of the worksheet. The worksheet serves as a proforma for the expected format of the price element breakdown.

C. The Government may use this breakdown to conduct a price realism evaluation for the purpose of measuring the Contractor’s understanding of the solicitation requirements and for assessing the performance risk inherent in the Contractor’s price. In addition, the proposed rates/elements subject to escalation under FAR 52.222-43 as shown in this breakdown may be used in conjunction with submitted payroll records when evaluating price adjustment requests presented by the contractor.

6. The Contractor’s price shall be inclusive of all the Contractor’s direct costs, indirect costs and profit and shall include all costs associated with providing the services described in the Statement of Work, the Post Exhibits and the Contractor’s technical proposal.

7. Prices (for the base and option periods including the 6-month option available under FAR 52.217-8)) will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the RFP and as proposed in the technical submission.

The Government has estimated Other Direct Costs in Support of COOP Implementation as follows:

Other Direct Costs in Support of COOP Implementation

Base Year

Option I

Option II

Option III

Option IV

FAR 52.217-8 Extension (6 months) Not to Exceed $ 50,000.00

The Government’s estimated Other Direct Costs (ODCs) (inclusive of applicable indirect burden(s)) shall be used for the purpose of evaluating the price proposal. Therefore, offerors shall use these estimates in preparing their price proposal. For applicable Indirect Burden rates (i.e. G&A and Material Handling), separately identify such indirect rates for the proposed Base and four option years in the chart below. Since this is a commercial contract, note that these rates are fixed throughout the life of the contract and not subject to adjustment. Additionally, please identify your accounting practices for applying the proposed indirect rates to the ODCs (i.e. whether G&A applies to all costs or all non-material/subcontractor costs).

applying the proposed indirect rate

Base Period

Optional Ordering Period 1

Optional Ordering Period 2

Optional Ordering Period 3

Optional Ordering Period 4

FAR 52.217-8 (six month extension)

8. The Contractor is cautioned that its proposal may be rejected if it is found to be materially unbalanced in the base period or any option periods. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated.

9. The Government shall not be responsible for compensating the Contractor for any costs tied to solicitation requirements but not factored into the proposed prices, either by the Contractor’s intention or by mistake.

10. Prior to award the Contractor may be required to furnish the following information to establish the company’s financial responsibility in accordance with FAR 9.104-1:

A. The last three years of audited financial statements (includes balance sheet, income statement, and statement of cash flows). Unaudited financial statements may be requested if audited do not exist. The Contractor may be requested to provide written confirmation that the provided financial statements include disclosure of all off-balance sheet arrangements and related party transactions as defined as follows:

· Off-balance sheet arrangements may involve, but are not limited to, unconsolidated, non-independent, limited purpose entities, often referred to as structured finance or special purpose entities. These entities may be in the form of corporations, partnerships, limited liability companies, trusts, structured finance entities or other types of agreements, relationships or understandings. These entities may be used to provide financing, liquidity, market risk or credit support, or involve leasing, hedging, and/or research and development services.

· Related party transactions are defined in Statement of Financial Accounting Standards No. 57, Related Party Disclosures, and include, but are not limited to, transactions between any organizations, divisions, subdivisions, or affiliates under common control.

B. The last two quarters of filed payroll tax returns (Federal Tax Return Form 941) and evidence of payment. (Evidence of payment may include copies of canceled checks, receipts from the bank, receipts from electronic fund transfers, and/or similar information from an external payroll service) If unpaid payroll taxes are owed to the Internal Revenue Service (IRS), provide any agreements with IRS to make timely payments and evidence those payments are being made.

Basis for Selection

The Government will select the responsible Contractor whose proposal, in conforming to this RFP, provides the overall best value to meet the Government’s requirements, price and non-price factors considered. Only apparent successful contractors determined to be responsible pursuant to FAR 9.104-1 will be issued a contract.

Notice of Award

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

Questions The Contractor is requested to submit any questions regarding this requirement via email as soon as possible but no later than 2:00pm Eastern Time, 25 October 2013 to gerald.buday@hq.dhs.gov. Prospective contractors may contact the Government while preparing a proposal in order to obtain clarification of the statement of work or to obtain other information needed to prepare a proposal. Any clarifying information issued by the Government will be provided to all prospective contractors.

52.212-3 Offeror Representations and Certifications—Commercial Items (Aug 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 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 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 __ is, __ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it __ is, __ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it __ is, __ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it __ is, __ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it __ is, __ is not a women-owned small business concern.

(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.

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.]

(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) 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 to the Equal Opportunity clause of this solicitation; 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 Parts 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.