RFP_-_Solicitation_Provisions.pdf

SOLICITATION PROVISIONS

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS

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 1:00pm Eastern Standard Time (EST), on January 16, 2018. Submissions shall be made via hard copy to:.

U.S. Department of Homeland Security 701 Market Street, Suite 3200 Attn: Christopher Kelly 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 (Oct 2014) (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 Management Approach

The technical evaluation factors, when combined, are 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

Ordering Period I $2,500 Ordering Period II $2,500 Ordering Period III $2,500 Ordering Period IV $2,500 Ordering Period V $2,500 FAR 52.217-8 Extension $1,250

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 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)

Proposal Evaluation Information

Non-price factors, when combined, are more important than price. However, the Government contemplates the possibility that it may identify an offer(s) of such a high technical quality that it would not be in the Government’s interest to pay an additional price premium for any additional technical (non-price) advantage. As a result, 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 adjectival rating. This would occur when the Contracting Officer determines that one or more of the technical proposals already reviewed is of such a level of quality that it would not be in the interest of the government to incur cost beyond the price of the technical proposals already reviewed.

Proposal Submission Requirements

1. 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.

2. 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 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.

3. Page Limitation-Excluding the cover page, table of contents, past performance project forms (attachment 3), past performance questionnaires (attachment 4), field level supervision exhibit (attachment 8) , and the teaming agreement or teaming narrative, 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. The pages excluded from evaluation will be at the discretion of the Agency.

4. 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.

5. 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.

6. Those proposals that fail to comply with the terms of the set-aside clause requiring the prime contractor to perform a specified percentage of the effort by either proposing to do less than the required percentage or not providing the percentage breakdown between the prime contractor and any subcontractor under a teaming arrangement will be deemed to be non-conforming and will not receive further evaluation or consideration for award.

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 is provided an opportunity to demonstrate relevant past performance on contracts currently being performed or performed within the past three (3) years . 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 consider the quality of the Contractor’s relevant past performance.

Reference Contracts:

a. The Contractor may 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) may be submitted for each reference contract.

b. If the contractor chooses to submit a Past Performance Questionnaire (Attachment 4) for any of its reference contracts, it 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 Christopher Kelly by email (preferred) at Christopher.Kelly@hq.dhs.gov or, by mail to Christopher Kelly at U.S. Department of Homeland, FPS Acquisition Division, 701 Market Street, Suite 3200, Philadelphia, PA 19106 .

The contractor is responsible for ensuring its customer reference returns the questionnaire to the Agency if it wishes the Agency to consider the questionnaire in its evaluation. The Agency is not obligated to follow-up with references to locate questionnaires that have not been received from customers other than FPS. The Agency may decline to reach out to FPS customers who have not retuned a questionnaire if 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.

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) may be submitted. Thus a maximum of no more than six (6) projects (3 for the prime and 3 for the subs or other partners) may 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. If the contractor fails to submit a narrative and/or the actual Teaming Agreement or if it lacks sufficient detail, the Agency, at its discretion, may decline to consider the past performance record of the teaming partner in the past performance evaluation.

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, Staffing and Participation in the DHS Mentor Protégé program.

A. Quality Assurance:

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

a. Offerors shall complete Attachment 8 entitled “Field Level Supervision Exhibit” clearly delineating and establishing the minimum level of field/onsite supervision the offeror shall provide under this effort. The proposed minimum level of field/onsite supervision will be evaluated by the Government to assess the level of oversight offered by the contractor and shall be incorporated into the successful offerors’ contract. For purposes of completing the “Field Level Supervision Exhibit” the following individual(s) are not considered field level supervisors:

Contract Manager Training Instructor Quality Control Personnel “Lead” PSOs ( Note: The Government defines a Lead PSO as a single point of communication at a facility, identified by post orders, for the purpose of communicating operational and facility specific info to the security force at a facility.)

Note: The “Field Level Supervision Exhibit” attachment does not count against the page limitation in the technical proposal.

b. Offerors may, at their discretion, provide a narrative to enhance the Government’s understanding of their proposal, containing their rationale for the proposed staffing levels, supervisory labor mix, and geographic placement of supervisors as contained in Attachment 8 as well as the processes, procedures and methods to be used by supervisors to ensure that effective supervision is provided contract-wide.

c. Minimum Submission Requirements for Field Level Supervision of Protective Security Officers (PSO): Offerors shall submit as a minimum the following to demonstrate the above:

Attachment 8 entitled “Field Level Supervision Exhibit

Note: The government’s review and acceptance of an offeror’s proposed field level supervision will not alleviate the vendor from modifying (i.e, increasing) the amount of supervision after contract award should the Government’s or contractor’s oversight and inspections reveal systemic problems with performance. If at any time the vendor determines that additional supervision beyond what was initially proposed, is needed to address performance issues, such additional supervision will be provided at no additional cost to the Government.

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).

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 unit prices and extended prices (i.e. Unit Price x Estimated Quantity) for the line items entitled, “6 Month Extension Period Pursuant to FAR 52.217-8” under Basic Services CLIN. The Government will determine whether the price, inclusive of all ordering periods (including the options available under FAR 52.217-8), is fair and reasonable, and whether the price of all ordering 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 unit prices and extended prices (i.e.

Unit Price x Estimated Quantity) for every line item listed under each potential ordering period (including the 6 month option available under FAR 52.217-8). The Contractor must also provide a Total Estimated Price for each potential 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 unit price prevails if a discrepancy exists between the unit price and the extended price.

3. 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) (BA). 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.

4. This requirement is inclusive of supervision. The job duties and functions of supervisors as contemplated by the FPS solicitation are such that supervisors are performing work not covered by the SCA. Therefore, supervisors are not considered service employees under 29 CFR 4.113(b), and are not covered under the Service Contract Act. Increases to Supervisor wages and fringe benefits are not subject to contract price adjustment under FAR 52.222-43. As a result, any escalation associated with these supervisory costs, including wages and benefits, should be included in the price proposal. To the extent that the contractor has its supervisory personnel perform in a manner determined to render them subject to the SCA, that contractor would not be in compliance with the supervisory requirements of this contract.

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 all the ordering 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

Ordering Period I $2,500 Ordering Period II $2,500 Ordering Period III $2,500 Ordering Period IV $2,500 Ordering Period V $2,500 FAR 52.217-8 Extension $1,250

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 ordering periods and the six month extension 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).

Fixed Indirect Rate

Identify Accounting Practice for applying the proposed indirect rate

Ordering Period I Ordering Period II Ordering Period III Ordering Period IV Ordering Period V 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 ordering periods and option to extend period. 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 1:00pm, Eastern Standard Time, January 2, 2017 to Christopher.Kelly@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 (Oct 2017)

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

http://uscode.house.gov/

“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 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 contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

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

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

and

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

and

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small 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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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.

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

“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 (t) 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, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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(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 □ 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) 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)(10)(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. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

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(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements–Israeli Trade Act.”

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

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

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Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled…