Instructions_to_Offerors.pdf

Request for Proposal HSSS01-13-R-0028

RFP HSSS01-13-R-0028

TABLE OF CONTENTS

1.0 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 10

1.1 Purpose 10

1.2 Background 10

1.3 Method of Acquisition 10

1.4 Number of Awards 10

1.5 Date of Award 10

1.6 Period of Performance or Required Delivery 10

1.7 Commitment of Public Funds 11

1.8 Communications Prior to Award 11

1.9 Preparation Costs 11

2.0 GENERAL INSTRUCTIONS TO OFFERORS 11

o Instructions to Offerors 11 o Potential Award Without Discussions 14 o Ordering Terms And Conditions 14 o BPA Terms And Conditions 15 o Selection Of Vendor 15 o Alternate Proposals 15 o Proposal Due Date & Number Of Copies Of The Proposal 15 o Order Type 15

3.0 INSTRUCTIONS FOR PREPARING THE PROPOSAL 15

3.1 General Information 15

3.2 Fulfillment of Statement of Work (TAB 1---25 page limit) 16

3.3 Current and Past Performance (TAB 2---6 page limit) 17

3.4 Pricing Proposal (TAB 3---no page limit) 18

4.0 EVALUATION FACTORS FOR AWARD 18

4.1 Fulfillment of the Statement of Work 18

4.2 Current and Past Performance 18

4.3 Price 18

5.0 PRICE SCHEDULE 19

6.0 PROVISIONS AND CLAUSES 20

6.1 Provisions 20

6.2 Clauses 37

7.0 LIST OF ATTACHMENTS 45

U.S. SECRET SERVICE

REQUEST FOR PROPOSAL

Cell Phone Forensic Facility Research Associate Program

1.0 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1.1 Purpose

The purpose of this Request for Proposal (RFP) is to establish a Blanket Purchase Agreement (BPA) for support assistance for the Government’s cell phone forensic facility. The Government’s requirements are further described in the attached Statement of Work (SOW).

1.2 Background

The U.S. Secret Service operates a facility housed on the campus of the University of Tulsa. The facility has a three-pronged mission: (i) training law enforcement agents and officers in embedded device forensics; (ii) developing novel hardware and software solutions for extracting and analyzing digital evidence from embedded devices; and (iii) applying the hardware and software solutions to support criminal investigations conducted by the U.S. Secret Service and its partner agencies.

1.3 Method of Acquisition

The USSS anticipates establishing a single-award BPA for the support assistance.

1.4 Number of Awards

It is anticipated that the award of ONE (1) BPA with fixed price labor hour labor rates will be made to the successful offeror as a result of this solicitation. Negotiated Time and Material Task Orders (TO) will be placed against this agreement as needed to support this project.

1.5 Date of Award

It is anticipated that award will be made on or about August 5, 2013.

1.6 Period of Performance or Required Delivery

The resultant BPA will be for a base period of ONE (1) year, plus FOUR (4) option years if needed. Estimated performance period is:

Base Period: One Year Option Period One: One Year After Base Year Option Period Two: One Year After Option Period One

Option period Three: One Year After Option Period Two Option Period Four: One Year After Option Period Three

1.7 Commitment of Public Funds

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed acquisition. Any other commitment, either explicit or implied, is invalid.

1.8 Communications Prior to Award

All communications shall be directed, in writing, to the attention of:

Name: Siobhan Mullen Title: Contract Specialist Email: siobhan.mullen@usss.dhs.gov

All questions must be submitted to the individual identified above via email no later than 8:00 a.m. Eastern Standard Time (EST) on July 17, 2013. Questions and Answers will be posted on FBO no later than 11:00am on July 22, 2013.

Communications with other officials may compromise the competitiveness of this acquisition and result in cancellation of the requirement.

1.9 Preparation Costs

This RFP does not commit the Government to pay for the preparation and submission of a proposal.

2.0 GENERAL INSTRUCTIONS TO OFFERORS

o Instructions to Offerors

(a) Definitions (As used in this solicitation):

Discussions are negotiations that occur that may, at the Contracting Officer's discretion; result in the offeror being allowed to revise its quote.

In writing or written means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

Proposal modification is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations

If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of quotes:

Unless other methods are permitted in the solicitation, proposals and modifications to proposals shall be submitted via e-mail to the Contract Specialist identified Paragraph 1.8 above. Email subject line shall state Response to RFP HSSS01-13-R-0028. Due date for proposals is no later than 8:00am. Eastern Standard Time (EST) on August 1, 2013.

(1) The Offeror's proposal must show--

(i) The solicitation number;

(ii) Offeror's Dun & Bradstreet (DUNS) number and Taxpayer Identification (TIN) number;

(iii) The name, address, telephone and facsimile numbers, and e-mail address of the

Offeror;

(iv) Socio-Economic status (e.g., Service Disabled Veteran-Owned Small Business, 8(a) Business, Woman-Owned Small Business, HUBZone Business, Small Disadvantaged Business, Small Business, or Large Business);

(v) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(vi) Names, titles, telephone and facsimile numbers, and e-mail addresses of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation;

(vii) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office; and

(2) Late proposals and revisions.

(i) Any proposal received after the exact time specified for receipt of proposals will not be considered unless it is received before award is made and--

(A) It was transmitted through e-mail as instructed by the solicitation and was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(B) It is the only proposal received.

(ii) A late modification or revision of an otherwise successful proposal that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(iii) Proposals may be withdrawn via e-mail received at any time before award.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office.

(3) Unless otherwise permitted in the solicitation, proposals that propose to provide any single item or combination of items not inclusive of all items shall be determined to be nonresponsive.

(4) Offerors may submit revised proposals only if requested or allowed by the Contracting

Officer.

(5) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Proposal expiration date. Proposals in response to this solicitation will be valid for a period of 60 calendar days.

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall:

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a blanket purchase agreement is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting blanket purchase agreement.

This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Blanket Purchase Agreement award.

(1) The Government intends to award a BPA to the responsible offeror on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors as described in Section 2.5 below.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government will evaluate proposals and may award without discussions with offerors.

Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. Offerors may be given the opportunity to clarify certain aspects of proposals (e.g., the relevance of an offeror’s past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors, but not rising to the level of discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity proposed, at the unit cost or prices proposed, unless the offeror specifies otherwise in the proposal.

(6) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(7) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

o Potential Award Without Discussions

The Government reserves the right to award without discussions if the Contracting Officer determines that the initial offer is fair and reasonable and that discussions are not necessary.

o Ordering Terms And Conditions

Offerors shall propose fully burdened hourly labor rates for each of the labor categories proposed.

o BPA Terms And Conditions

Any BPA awarded as a result of this solicitation shall be subject to the terms and conditions of the attached Clauses, which will be incorporated into and made a part of any resulting award.

o Selection Of Vendor

You are advised that award will be on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. The following factors will be used by the Government to evaluate proposals.

Non-Price Factors

1. Fulfillment of Statement of Work

2. Current and Past Performance

Price Factor

1. Time and Materials labor hour labor rates

Offerors should review Section 3.0 (Instructions for Preparing the Proposal) and Section 4.0 (Evaluation Factors for Award) for further information.

o Alternate Proposals

Alternate proposals will not be considered.

o Proposal Due Date & Number Of Copies Of The Proposal

Your proposal shall be organized as specified in Section 2.0, GENERAL INSTRUCTIONS TO OFFERORS; and Section 3.0, INSTRUCTIONS FOR PREPARING THE PROPOSAL and submitted in accordance with the instructions contained in Section 2.1(c) no later than 8:00 am. Eastern Standard Time (EST) on August 1, 2013.

o Order Type

The Government intends to issue a single-award BPA with Time and Material labor hour labor rates for the services described within this solicitation.

3.0 INSTRUCTIONS FOR PREPARING THE PROPOSAL

3.1 General Information

(1) The Offeror's proposal must show--

(i) The solicitation number;

(ii) Offeror's Dun & Bradstreet (DUNS) number and Taxpayer Identification (TIN) number;

(iii) The name, address, telephone and facsimile numbers, and e-mail address of the

Offeror;

(iv) Socio-Economic status (e.g., Service Disabled Veteran-Owned Small Business, 8(a) Business, Woman-Owned Small Business, HUBZone Business, Small Disadvantaged Business, Small Business, or Large Business);

(v) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(vi) Names, titles, telephone and facsimile numbers, and e-mail addresses of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation;

(vii) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office; and

3.2 Fulfillment of Statement of Work (TAB 1---25 page limit)

At a minimum, technical proposals shall address the following elements:

Demonstrated understanding of the requirement listed in the SOW.

Knowledge of the services to be provided (offeror)

Proposed personnel’s compliance with the experience, skills and/or credentials identified herein

Approach in performing the tasks at hand with accomplished personnel who will understand the requirement and possess the experience for successful performance

Detailing methodology for recruitment, screening and retaining qualified candidates.

Description of capabilities and unique qualifications

Describe method of invoicing, timeline for invoicing, notification of outstanding invoices and invoice corrections. This should include documenting and approving hours performed.

Resumes for following positions:

Project manager

Cell Phone Forensic Analyst

Credit Card Skimmer Examiner

Computer coder

Windows Systems Programmer

NOTE: The technical proposal must not contain any reference to cost.

3.3 Current and Past Performance (TAB 2---6 page limit)

Past performance information shall be limited to 6 pages. The offeror shall submit information concerning task orders, contracts, and subcontracts (including Federal, State, and other local government and private) which are similar in scope, size, and complexity to the work required by this solicitation, or which the offeror considers relevant in demonstrating its ability to perform the proposed effort.

This shall include a minimum of 3 contracts/orders held with government entities within the past three (3) years. If government references are not available, the offeror may provide references from private entities. All contracts/orders during this period that resulted in disputes concerning performance issues such as delivery or cost problems in performing the contract, the corrective action taken, and the effectiveness of the action(s) taken to address such issues shall be identified.

Problems not addressed by the offeror will be considered to still exist. However, the degree to which the offeror can demonstrate that it has successfully provided program support will be given a higher rating. Under this factor, the USSS will evaluate how well an offeror performed similar work with other government agencies or companies. The assessment of performance risk is not intended to be an analysis of an offeror’s performance on a list of contracts, but rather the product of subjective judgment of the evaluators after it considers all available, relevant, and recent information.

The Government may use past performance information obtained from sources other than those identified by the offeror, and the information obtained may be used for both the responsibility determination and the best value decision. If any negative past performance is obtained, the offeror shall be provided the opportunity to respond. The lack of past performance shall be rated neither positively or negatively.

The following information shall be included with the submission of all references:

1. Name of Government Agency/Company Client whether served as prime or as subcontractor on effort;

2. Name(s), e-mail address(es) and telephone number(s) of points of contact for which the contract was performed;

3. Address of Client;

4. Contract/Order Number and Dollar Amount;

5. Period of Performance;

6. Names of sub-contractor(s) used, if any, and a description of the extent of work performed by the sub-contractor(s); and

7. Detailed description of work performed to include the number, type and severity of any quality, delivery or cost problems in performing the contract, the corrective action taken and the effectiveness of the corrective action.

The government shall determine acceptability of offeror’s past performance for the following areas: Timeliness of Performance, Quality of Product/Service, Project Management, Business Relations, Cost Control, and Customer Satisfaction.

3.4 Pricing Proposal (TAB 3---no page limit)

Time and Material labor hour labor rates shall be provided for each labor category in the offeror’s proposal. Rates shall be provided for the base and four option years.

4.0 EVALUATION FACTORS FOR AWARD

The Government intends to award a BPA to the responsible offeror on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors as described in Section 2.5 and below.

4.1 Fulfillment of the Statement of Work

This factors shall be evaluated and determined to be acceptable if the elements listed in Section

2.5 have been addressed satisfactorily demonstrating the ability of the offeror to meet the requirements of the Government. This will also include evaluation of the resumes determining that minimum qualifications have been met. The quality of answers in relation to each subject will be evaluated rather than the quantity of pages.

4.2 Current and Past Performance

Current and past performance will be evaluated to determine the offeror's performance on current and previous contracts identified in the offeror's proposal. The government shall determine acceptability of offeror’s past performance for the following areas: Timeliness of Performance, Quality of Product/Service, Project Management, Business Relations, Cost Control, and Customer Satisfaction.References will be verified at the USSS's discretion and the reference information provided must be current.

The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including, but not limited to, the Contractor Performance Assessment Reporting System (CPARS), Past Performance Information Retrieval System (PPIRS), the Excluded Parties List System (EPLS), and Dun & Bradstreet (DNB).

4.3 Price

In performing the lowest priced technically acceptable principles, award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. Past performance will be used as an evaluation factor, and will be evaluated in accordance with 15.305. Tradeoffs will not be used. Proposals will be evaluated for acceptability but not ranked using the non-cost/price factors.

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 https://acquisition.gov/far/current/html/Subpart%2015_3.html#wp1088903

Government may accept an offer, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

5.0 PRICE SCHEDULE

Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. The labor hours listed are for evaluation purposes only.

Period Labor Category Hours Hourly Rate Extended Price

Base Period Cell Phone Forensic Analyst 1200

Credit Card Skimmer Examiner 1200

Computer Coder 480

Windows Systems Programmer 480

GRAND TOTAL BASE PERIOD

Option Period One

Cell Phone Forensic Analyst 1200

Credit Card Skimmer Examiner 1200

Computer Coder 480

GRAND TOTAL PERIOD ONE

Two

Cell Phone Forensic Analyst 1200

Credit Card Skimmer Examiner 1200

Computer Coder 480

GRAND TOTAL PERIOD TWO

Three

Cell Phone Forensic Analyst 1200

Credit Card Skimmer Examiner 1200

Computer Coder 480

GRAND TOTAL PERIOD THREE

Four

Cell Phone Forensic Analyst 1200

Credit Card Skimmer Examiner 1200

Computer Coder 480

GRAND TOTAL PERIOD FOUR

6.0 PROVISIONS AND CLAUSES

6.1 Provisions

Incorporated by Reference

52.212-1 Instructions to Offerors—Commercial Items (FEB 2012)

Full Text

52.212-2 Evaluation—Commercial Items. (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost. The following factors shall be used to evaluate offers:

Fulfillment Of the Statement of Work

Current and Past Performance

Price

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

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

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

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Items (Dec 2012) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the

ORCA 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 https://www.acquisition.gov/ 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;

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(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.

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

“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 Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern.

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

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

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It o is,o is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB

Program in (c)(6) of this provision.] The offeror represents that—

(i) It o is, o is not an EDWOSB concern, has provided all the required documents to the

WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the

EDWOSB concern and other small businesses that are participating in the joint venture:

__________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than

50 percent of the contract price:____________________________________

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price

Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small

Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It o has, o has not submitted a completed application to the Small Business

Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged

Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the

Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with

13 CFR Part 126; and

(ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13

CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each https://acquisition.gov/far/current/html/52_217_221.html#wp1136333 https://acquisition.gov/far/current/html/52_217_221.html#wp1136374

HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

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

(i) It o has, o has not participated in a previous contract or subcontract subject to the

Equal Opportunity clause of this solicitation; and

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

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

(i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the

Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation

(FAR) 52.225-1, Buy American Act—Supplies, is included in this solicitation.)

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

“United States” are defined in the clause of this solicitation entitled “Buy American Act—

Supplies.”

(2) Foreign End Products:

https://acquisition.gov/far/current/html/52_223_226.html#wp1168995

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 Act—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act—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 Act—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 Act—

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:

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 Act—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 https://acquisition.gov/far/current/html/FARTOCP25.html#wp225048 https://acquisition.gov/far/current/html/52_223_226.html#wp1169038 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 Act—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 “Buy American Act—Free Trade

Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If

Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or

Israeli end products as defined in the clause of this solicitation entitled “Buy American

Act—Free Trade Agreements—Israeli Trade Act”:

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary] https://acquisition.gov/far/current/html/FARTOCP25.html#wp225048

(4) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If

Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or

Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act”:

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

Line Item No. Country of Origin

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade

Agreements, is included in this solicitation.)

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

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of

U.S.-made or designated country end products without regard to the restrictions of the Buy

American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

https://acquisition.gov/far/current/html/52_223_226.html#wp1169038 https://acquisition.gov/far/current/html/52_223_226.html#wp1169151 https://acquisition.gov/far/current/html/FARTOCP25.html#wp225048

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

(1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or…