M00264-20-Q-0071.docx

M0026420Q0071

Section SF 1449 - CONTINUATION SHEET

FAR 52.212-1

INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

GENERAL INTENTION. Marine Corps Installations – National Capital Region (MCI-NCR) has a requirement academic support services. In accordance with FAR Part 12 and FAR Part 16.5, the MCI-NCR Regional Contracting Office is issuing a solicitation for the acquisition of academic support services. Required specifications are listed in Schedule of Supplies/Services within this solicitation.

PROCUREMENT APPROACH: The Contractor’s quoted item descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services. A single firm-fixed price purchase/task order will be issued and it is the Government’s intent to award on an “all-or-none” basis to satisfy this requirement.

PAYMENT TERMS: NET 30. Invoices must be submitted via the Wide Area Workflow (WAWF) in accordance with DFARS 252.232-7006.

REQUIRED PERIOD OF PERFORMANCE: The Government requires a period of performance of 1 July 2020 to 30 June 2021 for the base year plus one (1) option year with a period of performance of 1 July 2021 to 30 June 2022 for the customer listed below;

Marine Corps Intelligence Schools POC: To be provided at time of award

TECHNICAL COMPLIANCE: To ensure technical compliance:

1. The quoter must clearly state how they will meet the requirements outlined in the Performance Work Statement and Attachment 1. A mere statement that the quoter will meet the Government’s requirement is NOT sufficient.

1. Clearly state whether the quoter can meet the required period of performance. Vendors who cannot meet the required period of performance will not be considered technically acceptable.

FAR 52.212-2

ADDENDUM – EVALUATION – COMMERCIAL ITEMS

EVALUATION. Award will be made based on technical acceptability and price. The Government intends to make a single Firm Fixed Price order to satisfy this requirement. The Government reserves the right to award no contract at all, depending on the quality of offers submitted.

The Government intends to evaluate quotes and award a delivery order without discussions with vendors. Vendors should not expect requests for clarification or additional information from the Government. Award will be based on the initial evaluation of quotes received in response to the solicitation. Therefore, quoters are cautioned that their initial quotes should contain their best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions with vendors if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; and may waive informalities and minor irregularities in quotes received.

Evaluation of quotes will be conducted based on technical acceptability and price. The following ratings/definitions will be utilized when evaluating quotes:

The Government may use information such as Contractor Performance Assessment Reporting System (CPARS), DoD PPIRS and the FAPIIS data available from Government sources to evaluate a Quoter's past performance.

PRICING.

The price quote should avoid ambiguities of inclusion, exclusion, or content.

The Government will evaluate Quoter’s quoted prices, but this factor will not be given an adjectival rating. Quotes will be evaluated on completeness, accuracy, and reasonableness. Evaluation of the quoted prices for the services will be based on a comparison of quoted prices received in response to the solicitation and may also be based on a comparison to the Independent Government Cost Estimate (IGCE) along with any other relevant price analysis techniques defined in FAR 13.106-2(a).

Completeness and Accuracy. The Government will review the pricing tables for completeness and accuracy. A determination will be made as to whether the Quoter properly completed the pricing tables. The Quoter’s quote will be checked for mathematical correctness to include the following:

1) Checking arithmetic in all computations; and

2) Ensuring all prices are summarized correctly

3) Pricing shall not exceed two decimal places for cents.

SUBMISSION OF QUOTES. Quotes shall be submitted no later than the time and date specified on Block 8 of page 1 of the SF1449 solicitation. Quotes shall be submitted electronically email. Quoters are responsible for ensuring their quotes have been submitted timely. Delivery delays that cause a quote to be late are not the responsibility of the Government agency.

Performance Work Statement (PWS) Academic Support Services for Intelligence Data Engineers (MOS 2652)

1.0 Background: The Marine Corps Intelligence Community is responsible for providing the Marine Air-Ground Task Force (MAGTF) with accurate, timely, and relevant information about the enemy and the operating environment. All indications are that the future battlefield will be characterized by complexity, congestion, a host of diverse and capable threats, and incredible amounts of digital data. Intelligence professionals must understand where this data can be found, collect it, sort it, and then exploit and analyze it in order to gain knowledge relevant to the mission. Effectively operating in the future will require the creation and adoption of technologies and techniques based around data. The ability to identify trusted data sources and to leverage this data in order to support decision-making and decision-advantage, to include through Artificial Intelligence (AI), is how the Marine Corps will retain combat advantage over our enemies.

2.0 Scope: The Marine Corps currently lacks the technical depth and resources to support the development and delivery of a traditional Program of Instruction (POI) for the new 2652 Military Occupational Specialty (MOS) – Intelligence Data Engineer. As a means to effectively support the Marine Corps Information Environment Enterprise (MCIEE), Training and Education Command (TECOM) is seeking a non-traditional training solution to meet the requisite 2652 training requirements.

3.0 Objective: Identify an accredited institution of higher learning to provide facilities (brick-and-mortar) and academic training services to educate Marines in modern methods such as the use of data engineering and analytics and machine and deep learning tools for conflating, coalescing, and extrapolating data in order to meet the 2652 MOS Training & Readiness (T&R) training standards.

4.0 General Requirements

4.1 Place of Performance: Work shall be performed at the Contractors site within a 15 mile radius from Marine Corps Base Quantico, VA. Easy access to the place of performance and close proximity to MCB Quantico is paramount since all Marines attending the courses will be residing either on or close to the base.

4.2 Number of Students: The Contractors facilities shall be able to adequately support a minimum of fifteen (15) to a maximum of thirty (30) Marine students.

4.3 Accreditation: The Contractors institution and course curriculums shall be accredited; e.g. Southern Association of Colleges and Schools, Commission on Colleges (SACSCOC) or Middle States Commission on Higher Education (MSCHE). The Contractor shall provide proof of accreditation to the Contracting Officers Representative (COR) no later than 30 days prior to the start of each course / semester.

4.4 Curriculum Review: A Marine Corps Intelligence Subject Matter Expert (SME) shall be able to participate in any processes involving the review, modification, change of any curriculum content for any syllabi offered in support of this requirement. The COR shall be notified of these events no less than fifteen (15) days in advance.

4.5 Contractor Personnel Qualifications: The Contractor shall employ and utilize qualified personnel with appropriate qualifications and certifications in accordance with the subject area being taught. At a minimum, all Contractor personnel providing instruction in a subject area shall have a Bachelor’s Degree (Master’s Degree preferred) from an accredited institution and a minimum of three (3) years teaching a diverse student population on a college level. A biography of the instructor for each course shall be provided to the COR no later than fifteen 15 days prior to the start of each course / semester.

4.6 References: The Contractor shall comply with all references in the performance of the contract.

· NAVMC 1200.1E - Military Occupational Specialties Manual (dated 29 Mar 2019): https://www.marines.mil/News/Publications/MCPEL/Electronic-Library-Display/Article/1821713/navmc-12001e/

5.0 Performance Requirements. The Contractor shall have facilities (brick-and-mortar) and training services (instructors and course curriculum) readily available and viable to execute training immediately. The Contractor shall provide on-site training services to teach all Training & Readiness (T&R) events identified in the T&R Matrix listed in Attachment-1.

5.1 Services shall include but are not limited to:

· Software design using both structured programming and object-oriented programming concepts where students will use pseudo-code, flow charts, design tools and unified modeling language.

· Introduces the concepts of machine learning, feature engineering and artificial intelligence where the content draws from case studies and applications within given areas of interests.

· Provide a comprehensive foundation sufficient for a student to write Python programs in order to meet the minimum programming goals of the Marine Corps.

· Introduces the cloud-computing environment and various services offered.

· Linux operating system focusing on installation, configuration, and administration of it and emphasizes the use of Linux as a network client and work station.

· A comprehensive foundation sufficient for a Marine to write American National Standards Institute/International Organization for Standardization (ANSI/ISO) Structure Query Language (SQL) statements to access a relational database.

· Provides a comprehensive introduction to database management. It must define essential database terms and concepts and emphasize on the design, development and use of a relational database. Marines must learn the basics of drawing an Entity-Relationship Diagram (ERD) to represent user requirements, transform the ERD to a normalized relational design, and then use SQL to implement and work with the database.

· Provide training to build the necessary abilities in probability and statistics to understand the results of statistical studies and to perform descriptive and basic inferential statistical studies within Marine Corps areas of interests.

· Provide a comprehensive introduction to data analytics and its processes.

· An in depth understanding of advanced machine learning that builds upon the concepts identified in item (2) above.

5.2 The Contractor shall propose a series of classes that will build upon each other and fully encompass all T&R events listed in Attachment-1. The series of classes shall be covered within a two (2) semester time frame (Fall & Spring) and consist of a minimum of ten (10) to no more than twelve (12) classes. Each semester shall be broken down into mini-semesters (e.g. 8 weeks) in order to compress the training timeline to not exceed eight (8) months. Table-1 provides an overview of an ideal training timeline and series of notional classes that are not restricted by the order in which they are taught. Classes shall be arranged to complement one another and to best meet the intended requirements.

Student Orientation – Within 45 days prior to the start of classes

Fall Semester – 1st 8 Weeks

Fall Semester – 2nd 8 Weeks

Spring Semester – 1st 8 Weeks

Table-1 Training Timeline

5.3 In coordination with the COR, the Contractor shall conduct student orientation and course enrollment within forty-five (45) days prior to the start of classes. A consolidated by name list of all students that have completed student orientation and course enrollment shall be provided to the COR no later than ten (10) days upon completion.

5.4 Based on the classes proposed by the Contractor, the Government shall have the flexibility to select alternate courses of instruction (classes) from their student course catalog (if applicable) in the event it does not meet the desired T&R events training requirements. This change shall be allowed within thirty (30) days prior to the start date of the class / semester.

6.0 Contract Administration

6.1 Non-Personal Services: The Government shall neither supervise contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the Contractor’s responsibility to manage its employees and guard against any actions that could be characterized as personal services, or convey the perception that personal services are being delivered. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to immediately notify the Contracting Officer (KO).

6.2 Post Award Conference (PAC): A Post Award Conference shall be conducted at either the Contractor’s or Government facility, at the Government’s discretion, no later than 15 business days after award. The purpose of Post Award Conference is to:

· Introduce key Government (e.g. COR) and Contractor (e.g. PM or TL) personnel

· Review terms and conditions of the contract

· Review PWS requirements, schedule and deliverables to ensure clear understanding between all parties

· Provide answers to Contractor questions

· Establish preliminary dates for future program events

· Discuss any other items the COR or PCO may deem appropriate to discuss

· Obtain Non-Disclosure Agreements from, or on behalf of, the contractor staff performing on this contract

· Address administrative items, such as invoicing, communication mechanisms, etc.

· Obtain the Contractor’s Quality Control Program

6.3 In-Progress Review (IPR): The Contractor shall host IPRs as requested by the Contracting Officer (KO) or Contracting Officer Representative (COR) to review the status and progress of the requirement.

6.4 Meeting Minutes: The contractor shall provide meeting minutes of the PAC and IPR to the COR no later than five (5) days upon completion of the meetings.

6.5 Contractor Employees: Contractor employees shall present themselves in a clean, neat and professional manner and conduct all instruction professionally attired. The Contractor is responsible for the performance of its personnel and shall have measures in place to address any infractions brought to the attention by the Government. The Contractor shall be responsible for removing personnel who fail to perform in accordance with the requirements set forth in this solicitation at no cost or performance delay to the Government.

6.6 Privacy and Security Non-Disclosure Statements: An Officer of the Contractor shall execute a Privacy and Security Non-Disclosure Statement on behalf of all employees working on this contract, or each individual working on the contract shall execute the Privacy and Security Non-Disclosure Statement. Work on this contract requires that personnel have access to Privacy Act Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

6.7 Security Clearance: The Contractor shall not be required to have or maintain a security clearance.

6.8 Contract Management: The Contractor shall establish processes and assign appropriate resources to effectively perform the requirement. The Contractor shall have primary (e.g. Program Manager or Task Lead) and alternate points of contact between the COR and Contractor personnel assigned to support the base contract and all task orders.

6.9 Subcontract Management: The Contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement.

6.10 Travel / Temporary Duty (TDY): No Travel or Temporary Duty by Contractor personnel is anticipated. However if required, all travel shall be reimbursed in accordance with the Joint Travel Regulations (JTR). Costs incurred for lodging, meals, and incidental expenses as defined in the JTR will be allowed to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel except as authorized by the COR. If travel expenses will exceed the allowable per diem rates, approval shall be requested from the COR prior to any travel. Travel that has not been authorized by either the issuance of a task order or by written approval of the COR will not be reimbursed. Travel requests shall be submitted to the COR a minimum of fifteen (15) days in advance for approval.

6.11 Federal Government Holidays: The Contractor shall not be required to provide instructional services on federal holidays unless the holiday is particularly specified in a Task Order or as a part of the school curriculum schedule (academic calendar). When a holiday falls on a Sunday, the following Monday will be observed as a holiday by the U.S. Government, when a holiday falls on a Saturday, the preceding Friday will be observed as a holiday.

6.12 Government Furnished Information/Property (GFI/GFP): The government does not anticipate providing any GFI/GFP to the contractor in order to meet the requirements listed in this solicitation.

7.0 Quality Assurance

7.1 Quality Control Program: The contractor shall establish a Quality Control Program to ensure the requirements of the contract are performed as specified in the Performance Requirements. A copy of the contractor’s Quality Control Plan (QCP) shall be provided to the Contracting Officer at the post award conference or no later than 30 days after award if a post award conference is not conducted. An updated copy shall be provided to the Contracting Officer as changes occur. The QCP shall include, but not be limited to the following:

· An inspection system covering all the services stated in the Performance Requirements. It must specify areas to be inspected on either a scheduled or unscheduled basis and indicate the individuals who will do the inspection

· A method of identifying deficiencies in the quality of services performed before the level of performance is deemed unacceptable

· A corrective action process that will ensure any unacceptable performance is corrected and will not occur again in the future

· A file of all inspections conducted by the Contractor and any corrective action taken. This documentation shall be made available to the Government, upon request, throughout the term of the contract

7.2 Quality Assurance Surveillance Plan (QASP): The Government shall evaluate the Contractor’s performance under this contract in accordance with its Quality Assurance Surveillance Plan (QASP). The COR will perform a Quality Assurance Review with the Contractor during the period of performance on a date and time mutually agreed upon.

8.0 Safety

8.1 Contractor Compliance: The Contractor and its subcontractors shall comply with Public Law 91-596 (Occupational Safety and Health Act (OSHA)) and the Environmental, Safety, and Occupational Health (ESOH) (DODD 4715.1E).

8.2 Mishap Notification and Investigation: If a mishap occurs during instruction, the Contractor shall promptly report pertinent facts regarding mishaps involving Government property damage or injury to Government personnel and to cooperate in any resulting safety investigations. The Contractor shall notify the COR of mishaps or incidents by the most expeditious method. If the Government investigates the mishap, the Contractor and the subcontractors shall cooperate fully with Government personnel until the investigation is completed.

9.0 Deliverables: The Contractor shall provide the following deliverables in accordance with the terms in the PWS.

10.0 Attachments

· Attachment-1: Training & Readiness (T&R) Matrix

Academic Support Services

FFP

Please see Performance Work Statement and attachment 1.

FOB: Destination

PSC CD: U008

NET AMT

FFP

Please see Performance Work Statement and attachment 1.

PSC CD: U008

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$35,000.00

$250,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-JUN-2021

30-JUN-2022

CLAUSES INCORPORATED BY FULL TEXT

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

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

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)

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

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

“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 stock of which 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 its stock is owned by one or more women; or

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

(2) Foreign End Products:

(List as necessary)

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

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.