ITC-RFQ-14-0030_News_Clipping_Services.pdf

ITC-RFQ-14-0030 Page 1 of 40

SECTION 1

INTRODUCTION

1.1 GENERAL

The United States International Trade Commission (USITC or Commission) is issuing this

Request for Quotations (RFQ) for the purpose of obtaining News Monitoring/Clippings Services.

1.2 SMALL BUSINESS SET ASIDE

This requirement is a 100% small business set aside under North American Industry

Classification System (NAICS) code 519190, All Other Information Services.

1.3 CONTRACT LINE ITEM (CLIN)

CLIN DESCRIPTION QTY UNIT UNIT PRICE

EXTENDED

PRICE

00001 News Monitoring/Clippings

Services 12 Mo $ $

10001 Option Year One: News

Monitoring/Clippings Services 12 Mo $ $

20001 Option Year Two: News

Monitoring/Clippings Services 12 Mo $ $

30001 Option Year Three: News

Monitoring/Clippings Services 12 Mo $ $

40001 Option Year Four: News

Monitoring/Clippings Services 12 Mo $ $

Total Base Year Plus Option Years Firm Fixed Price Amount:

ITC-RFQ-14-0030 Page 2 of 40

SECTION 2

STATEMENT OF WORK (SOW)

2.1 INTRODUCTION

2.1.1 Mission Statement

The USITC is an independent, quasi-judicial Federal agency with broad investigative responsibilities on matters of trade. The Commission investigates the effects of dumped and subsidized imports on domestic industries and conducts global and bilateral safeguard investigations. The Commission also adjudicates cases involving imported goods that are alleged to infringe intellectual property rights. In addition, the USITC serves as a federal resource where trade data and other trade policy-related information are gathered and analyzed.

2.1.2 Background

The Office of External Relations develops and maintains liaison between the USITC and its diverse external customers. The office is the focal point for contacts with the U.S.

Trade Representative (USTR) and other executive branch agencies, Congress, foreign governments, international organizations, the public, and the international, national, and local news media. It also coordinates meetings with international visitors.

External Relations keeps Commissioners and senior USITC staff informed of developing issues that might affect the agency's mission and reputation.

2.2 SCOPE

The Contractor shall provide comprehensive global monitoring of online news coverage, social media mentions, and Internet citations of the USITC, its Commissioners and products, evolving international trade matters, and other topics of interest to the Commission. The contractor shall provide daily delivery via e-mail of current, relevant online articles, social media mentions, and/or Internet citations (including URLs), from which USITC staff must be able to select relevant items and prepare a compilation for distribution among USITC Commissioners and staff for informational purposes.

2.3 REQUIREMENTS

2.3.1 The Contractor shall provide continual monitoring of global online media, social media channels, and Internet sites and identify current and relevant articles/mentions/citations

2.3.1.1 The Contractor shall monitor global online coverage of the USITC and identified trade issues (which will evolve regularly) based on key words and phrases developed in consultation with USITC staff and must be willing to refine the key words and phrases as necessary.

2.3.1.2 The Contractor shall monitor global online coverage and identify appropriate items each day (Sunday through Saturday). Identified items

ITC-RFQ-14-0030 Page 3 of 40 shall be current, meaning items that were initially posted within the previous 36 hours.

2.3.1.3 Monitoring shall cover the electronic editions/web sites of: (1) daily newspapers, which shall include at a minimum the following specific sources: The New York Times, The Wall Street Journal, The Financial

Times (London), The Washington Post, The Washington Times, and

Politico; (2) wire services; (3) magazines; (4) business and economics journals; (5) trade publications; (6) industry newsletters; (7) broadcast organizations (radio and television); and (8) Internet blogs, to include at a minimum Huffington Post, FOSS Patents, Patently-O, IPWatchdog, Patent Baristas, Managing IP, itcblog.com, essentialpatentblog.com, Engadget, Ars Technica, GigaOM, and TechCrunch; and (9) other social media channels, to include at a minimum Facebook, Twitter, LinkedIn, Google+, YouTube, Tumblr, and Reddit.

2.3.1.4 The USITC understands that the Contractor may not be able to provide access to articles/mentions/citations on sites that require subscription and/or registration; however, the USITC shall be informed that content exists on such sites through the Contractor’s monitoring. With respect to broadcast organizations, the USITC will not require the provision of audio or video tapes of broadcast news items; however, the Contractor shall provide notification about and links to news stories posted on the web sites of broadcast news organizations.

2.3.1.5 The Contractor shall undertake reasonable efforts to ensure that the provision of articles/mentions/citations to the USITC does not violate

U.S. copyright laws.

2.3.2 Daily electronic delivery of identified items via email to the USITC’s Office of External

Relations

2.3.2.1 The Offeror shall deliver identified items to the USITC via email no later than 8:30 a.m. Eastern Time on each business day (Monday through

Friday, with the exception of Federal holidays) at a minimum, with daily delivery preferred.

2.3.2.1 If weekend/holiday delivery is not possible, items identified during weekends and Federal holidays shall be delivered by 8:30 a.m. Eastern

Time on the next business day

2.3.3 The Contractor shall provide a tool, preferably internet-based, to allow up to four (4)

USITC staff to:

2.3.3.1 Format selected articles/mentions/citations in an electronic newsletter, or similar product appropriate for use as a newsletter, that can be delivered via email to up to 200 USITC Commissioners/staff.

ITC-RFQ-14-0030 Page 4 of 40

2.3.3.1.1 The Contractor shall provide delivery options for both desktop viewing and mobile device viewing of the electronic newsletter or similar product.

2.3.3.1.2 The mobile device solution shall be platform

independent, such that the newsletter can be viewed on devices based on any operating system (iOS, Android, Blackberry, etc.).

2.3.3.1.3 The USITC requires a mobile device edition that is as clean and devoid of extraneous Internet codes as possible.

2.3.3.2 Measure and analyze coverage of the USITC and to create reports or other presentations based on the analysis of the USITC coverage.

2.3.4 The Contractor shall provide Customer Support (human) and any training required to learn and operate its system.

2.3.4.1 USITC staff must be able to reach the Contractor via telephone for urgent matters (such as system problems, unacceptable performance, and request for guidance on how to use the system) between the hours of

8:30 AM and 5:00 PM Eastern Time, Monday through Friday. The contractor shall respond via telephone within one hour of notification of urgent matter.

2.3.4.2 The USITC staff must be able to reach the Contractor via email and/or telephone for non-urgent matters. The Contractor shall respond via telephone and/or email within one business day of notification of non-urgent issues.

2.3.5 Section 508 Compliance

Section 508 of Rehabilitation Act of 1973 (29 U.S.C. 794d) requires access to and use of information by individuals with disabilities. A deliverable such as electronic reports (ex:

PDF files) to be placed on the web (either on the agency’s web server of the company’s), video footage, or other electronic data such as CD-ROMs to be distributed, are subject to

Section 508 guidelines. Simplified, this means that PDF files need to be formatted so that they are “readable” by assistive technology devices such as screen readers. Video footage must be closed captioned. CD-ROMs which contain HTML, PDF, or word processor files must be accessible.

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SECTION 3

GENERAL TERMS AND CONDITIONS

3.1 PERIOD OF PERFORMANCE

The anticipated period of performance of this contract is as follows:

Base Year: Month 1 through Month 12

Option Year One: Month 12 through Month 24

Option Year Two: Month 25 through Month 36

Option Year Three: Month 37 through Month 48

Option Year Four: Month 49 through Month 60

3.2 PLACE OF PERFORMANCE

U. S. International Trade Commission

500 E Street, SW

Washington, DC 20436

3.3 TYPE OF AWARD

The government intends to award a Firm Fixed Price Purchase Order.

3.4 CORRESPONDENCE

To promote timely and effective administration, correspondence shall be subject to the following procedures:

(a) Technical correspondence shall be addressed to the Contracting Officer’s Representative

(COR) with an information copy to the Contracting Officer (CO);

(b) All contractual correspondence, shall be addressed to Contracting Officer at the address listed in Section 3.5.2

3.5 POINTS OF CONTACT

3.5.1 Contracting Officer’s Representative (COR)

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract shall require maximum coordination between the Commission and the Contractor.

The COR shall be designated on authority by the CO to monitor all technical aspects and assist in the administration of this contract. A copy of the COR’s letter of designation shall be issued to the COR with a copy furnished to the Contractor, stating the responsibilities and limitations of the COR. This letter shall clarify to all parties of the contract, the responsibilities of the COR. The duties of the COR include but are not limited to: 1) assuring the Contractor’s compliance with the technical requirements; 2)

ITC-RFQ-14-0030 Page 6 of 40 performing or arranging necessary inspections in connection with the technical performance; 3) maintaining both written and oral communications with the Contractor;

4) notifying the Contractor and the CO of any deficiencies observed; 5) monitoring the

Contractor’s overall performance; and 6) certifying all invoices/vouchers for acceptance of services provided for payment.

The COR does NOT have the authority to alter the Contractor’s obligations, direct changes that fall within purview of the General Provisions clause entitled “Changes,” or modify any of the expressed terms, conditions, specifications, or cost under this contract.

If because of technical discussions it is desirable to alter/change contractual obligations within the Scope of Work, the CO shall issue such changes in writing.

Ms. Margaret O’Laughlin is hereby designated as the COR. The COR may be changed at any time by the Government without prior notice to the Contractor, but notification of the change, including the name and address of the successor COR, shall be promptly provided to the Contractor in writing:

Name: Margaret O’Laughlin

Title: Public Affairs Officer

Location: U S International Trade Commission

500 E Street, SW

Washington, DC 20436

Phone: 202-205-1819

Email: margaret.olaughlin@usitc.gov

3.5.2 Contracting Officer (CO)

All contract administration shall be effected by the CO. Communications pertaining to contract administration matters shall be addressed to the CO. No changes in or deviations from this contract are authorized unless directed in writing by the CO.

The CO is the only person authorized to make or approve any changes in any of the requirements of the contract and notwithstanding any provisions contained elsewhere in this contract. The said authority remains solely with the CO. The CO is authorized to appoint a Contract Specialist to perform administrative contracting functions for this contract. In the event, the Contractor makes any changes at the direction of any person other than the CO, the change shall be considered to have been made without the authority of the CO and no adjustment shall be made in the contract price to cover any increase in costs incurred as a result thereof. The CO is also responsible for making the final decisions on matters under dispute, unsatisfactory conformance, as well as contract terminations for convenience or default.

Mr. Michael A. Pigram is hereby designated as the CO. The CO may change at any time by the Government without prior notice to the Contractor, but notification of the change, including the name and address of the successor CO, shall be promptly provided to the Contractor in writing.

Name: Michael A. Pigram

Title: Contracting Officer mailto:margaret.olaughlin@usitc.gov

ITC-RFQ-14-0030 Page 7 of 40

Location: U S International Trade Commission

Washington, DC 20436

Phone: 202-205-3386

Email: michael.pigram@usitc.gov

3.6 AUTHORITY TO OBLIGATE THE GOVERNMENT

The Contracting Officer is the only individual who can legally commit or obligate the

Government to the expenditure of public funds. No cost chargeable to the contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting

Officer.

3.7 SUBMISSION OF INVOICES

All invoices shall be submitted to the following address:

United States International Trade Commission

Attn: Office of Finance – Room 316

The Contractor shall submit proper invoices on a biweekly or monthly basis (or as otherwise determined) for any work performed during the period being invoiced. To constitute a proper invoice, each invoice submitted shall include the following information and/or attached documentation:

• Name and address of the Contractor

• Invoice date and number

• Purchase Order number

• Description, price, and quantity of services/supplies actually rendered/delivered

• Delivery date/Period of Performance covered by the invoice

• Payment terms

• Name and address of the Contractor’s official to whom payment is to be sent. The “Remit

To” address shall correspond to the remittance address in this contract

• Name, title, phone number, and mailing address of contact person to be notified in the event of a defective invoice

• A breakdown of labor hours by labor categories provided during the period being invoiced

3.8 ACCEPTANCE

Following inspection and evaluation of services provided by the Contractor and determining that the Contractor has fully complied with contract requirements, the COR shall indicate acceptance of the services by signing properly prepared and delivered invoices for such services within three working days after receipt of properly submitted invoice, assuming that the Contractor has timely provided an acceptable biweekly progress report covering the same period and services as the invoice. For each day the Contractor delays submitting the biweekly progress report, or delays mailto:michael.pigram@usitc.gov

ITC-RFQ-14-0030 Page 8 of 40 correcting a deficient biweekly progress report, the COR shall have an additional day to accept services.

3.9 PAYMENT FOR UNAUTHORIZED WORK

No payment will be made for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor on his or her own volition or at the request of an individual other than a duly appointed CO and/or COR. Only a duly appointed CO is authorized to change the specifications, terms and conditions under this effort.

3.10 NOTICE OF DELAY

If, because of technical difficulties, the contractor becomes unable to complete the work as described herein, notwithstanding the exercise of good faith and diligent efforts in performing the work called for under this contract, the Contractor shall give the Contracting Officer written notice of the anticipated delay and the reasons for it. The notice and reasons shall be delivered promptly after the condition creating the anticipated delay becomes known to the Contractor.

3.11 POST AWARD MEETING

The Contractor shall attend a post award meeting within one (1) week after contract award. The venue (in-person/telephone), date, and time of the post award meeting will be mutually agreed upon by the Government and the Contractor. The Contractor is responsible for taking the post award meeting minutes and providing them to the COR and CO within three (3) days of the post award meeting.

3.12 CLAUSES AND PROVISIONS

Incorporated by Reference:

52.204-7 System for Award Management JUL 2013

52.212-1 Instructions to Offerors--Commercial Items JUL 2013

52.212-4 Contract Terms and Conditions--Commercial Items SEP 2013

52.222-22 Previous Contracts and Compliance Reports FEB 1999

52.222-25 Affirmative Action Compliance APR 1984

52.225-25 Prohibition on Contracting with Entities Engaging in

Sanctioned Activities Relating to Iran – Representation and Certification NOV 2011

52.232-1 Payments APR 1984

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors DEC 2013

52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2013)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award

Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

http://www.acquisition.gov/

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6

U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern

Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency

Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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)

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(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

SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

ITC-RFQ-14-0030 Page 13 of 40

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

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the

WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB

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

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph

(c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

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

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

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

(i) General. The offeror represents that either—

(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business

Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged

ITC-RFQ-14-0030 Page 14 of 40 status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a

Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR

124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in

13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:

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

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each

HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41

CFR parts 60-1 and 60-2), or

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

ITC-RFQ-14-0030 Page 15 of 40

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying

Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of

Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

52.225-1, Buy American Act – Supplies, is included in this solicitation.)

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[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

ITC-RFQ-14-0030 Page 16 of 40 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:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph

(g)(1)(ii) or 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 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:

(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”:

ITC-RFQ-14-0030 Page 17 of 40

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:

(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:

ITC-RFQ-14-0030 Page 18 of 40

(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

(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.

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

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

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

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

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

ITC-RFQ-14-0030 Page 19 of 40

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

[The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or

Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

ITC-RFQ-14-0030 Page 20 of 40

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [_] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

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

(i) The items of equipment to be serviced under this contract are used regularly for other than

Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

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

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

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

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

ITC-RFQ-14-0030 Page 21 of 40

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

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

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

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

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the

Contracting Officer as soon as possible; and

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

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

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C.