M00681-14-T-0064_Museum_Archivist_Solicitation.doc
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- Attached to
- Museum Archivist
- Solicitation number
- M00681-14-T-0064
- Issued by
-
United States Marine Corps
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The Regional Contracting Office Marine Corps Installations - West (RCO MCIWEST) has a new requirement for a museum archivist. Please see attached solicitation for the statement of work and terms and conditions.
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Section SF 1449 - CONTINUATION SHEET
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
Museum Archivist Services
FFP
Museum archivist services in accordance with the performance work statement and schedule. The period of performance is 1 September 2014 through 31 August 2015.
FOB: Destination
MILSTRIP: M3300014SSTM043
PURCHASE REQUEST NUMBER: M3300014SSTM043
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| Option Year 1: Museum Archivist Services |
FFP
Museum archivist services in accordance with the performance work statement and schedule. The period of performance is 1 September 2015 through 31 August 2016.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| Option Year 2: Museum Archivist Services |
FFP
Museum archivist services in accordance with the performance work statement and schedule. The period of performance is 1 September 2016 through 31 August 2017.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| Option Year 3: Museum Archivist Services |
FFP
Museum archivist services in accordance with the performance work statement and schedule. The period of performance is 1 September 2017 through 31 August 2018.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| Option Year 4: Museum Archivist Services |
FFP
Museum archivist services in accordance with the performance work statement and schedule. The period of performance is 1 September 2018 through 31 August 2019.
NET AMT
PERFORMANCE WORK STATEMENT
1. BACKGROUND
Camp Pendleton's Museum Branch operates a Base Archives: a repository of ephemeral material including both original and duplicate vintage maps, photographs, drawings, books, manuals, serial publications, pamphlets, historical documents and a variety of audio visual media. The Archive collections reflect the people, land and history of Marine Corps Base Camp Pendleton as well as the history and units of the United States Marine Corps. All materials must be preserved in good archival condition, retrievable and ready to support the immediate research, imagery and exhibit needs of Marine Corps Base Camp Pendleton.
The Base Archives functions under Marine Corps Order P5750.1H, and the archival standards set the Society of American Archivists.
2. SCOPE.
Under this Contract, the Contractor shall provide all appropriate archival assessment, processing, cataloguing, documentation, care, handling, preservation, storage, security, and public and research service and access to the Camp Pendleton Archives collections, located mostly within Camp Pendleton's Archives in Building 1160, Marine Corps Base, Camp Pendleton, California. The Contractor shall further assess and select from the Archival collections appropriate items for digitization according to archival standards, creating master and Tiff image files for born-digital photography, standardizing the authority and accessioning records, serving on the Electronic Records Archive project team, updating policies and finding aids, guiding volunteer activities in the archives and creating general informational brochures for the archives as well as provide Archives access instruction and manual to the Museum Branch staff.. The period of performance for this contract is XX June 2014 through XX June 2015 (base year) with four one-year option years.
3. CONTRACTOR TASKS. Under this Contract, the Contractor shall:
a. Be responsible to select appropriate materials required for the stated Archive and Records Management contract which the Government will order and supply.
b. Perform the following Assessment Tasks:
(1) Assess incoming collections and existing collections in the Archives based on long term administrative, legal, fiscal, research and information value, pertinence to Camp Pendleton's history, evidence of the development, mission and functions of the Marine Corps, and relevant documentation of persons, events and actions.
(2) Assess limitations placed on collections and determine whether donor restrictions fall within the Archives standards for acceptance.
(3) Provide analysis of the archives to identify gaps or areas of weakness by unit or chronological period.
(4) Provide judgment of the importance of archive items, their potential volume of use, and monitor whether the items have been processed or are available for immediate use.
(5) Perform requirements analysis as part of a team of government staff, Marines and volunteer staff.
c. Perform the following Processing, Cataloguing, and Documentation Tasks:
(1) Perform basic archival processing including determining proper level of arrangement within archive groups and series and organizes records accordingly.
(2) Ensure all folders and containers of archival materials are clearly labeled, and are documented as to the items' proper location within the record groups or series.
(3) Provide determination and documentation of archive items' origins and context.
(4) Provide assistance in the preparation of processing plans and records retention schedules.
(5) Institute procedures to deal with records according the principles of provenance, respect original order to maintain the records' context and natural organic order.
(6) Create descriptive materials through application of metadata standards.
(7) Provide archive item transfer, loan and incoming lists.
(8) Provide cataloguing and documentation of the Archives collections utilizing the Past Perfect Museum Software program including possible reconfiguration of the current management system to accommodate collection groupings.
d. Perform the following Care, Handling, and Preservation Tasks:
(1) Ensure incoming items to the Archives are free of dangerous matter such as acidic, unstable or fragile containers, mold, dampness, vermin and insects.
(2) Ensure all materials are preserved, retrievable and ready to support the immediate research and imagery needs of Marine Corps Base Camp Pendleton.
(3) Immediately inform Museum Officer of any unstable or destructive situation in the Archives.
(4) Incorporate utilization of acid-free and lignin-free materials to handle and store archival materials as set forth by the Society of American Archivists into the standard handling procedures provided by the contractor.
(5) Provide preservation of archival records by migrating records from one medium to another, such as photocopying to alkaline-buffered paper, microfilming or digitizing records, or periodic recopying of film-based or digital records.
(6) Ensure patrons, volunteers and staff honor archival policies and procedures such as proper use of gloves, utilizing safe work space, and careful handling of all archival materials.
e. Perform the following Storage and Security Tasks:
(1) Provide maintenance of the Archive collections in good order and condition according to the accepted standards of the Society of American Archivists.
(2) Ensure all collections are handled and stored and utilize standards established by the Society of American Archivists.
(3) Provide assistance in the preparation of development of records disaster recovery
(4) Provide Museum Officer with a prioritized listing of damaged or fragile materials requiring conservation treatment.
(5) Provide recommendations for the purchase of appropriate materials required for the stated Archive and Records Management contract.
f. Perform the following Archives Service and Educational Functions:
(1) Provide a means to make collections available to the public and researchers while enforcing Archive security policies and rules.
(2) Provide a means of limiting photocopying, photography, and scanning of archival documents to ensure preservation and security, and respect applicable copyright laws.
(3) Provide an electronic list, database or other format to permit quick, easy access to relevant information; finding aids for each archival unit will be made available to researchers on external sources and at the archives.
(4) Provide monitoring of collections interns, volunteers and public researchers as needed.
(5) Provide assistance with requests for research access.
(6) Provide 300dpi to 600 dpi scans in response to requests for digitized images and documents.
(7) Provide appropriate digital material selected from the archives to share online publicly.
4. DELIVERABLES. The contractor shall provide easily verifiable evidence that demonstrates the successful performance of the tasks and activities specified in section 2. Scope. Evidence of performance may be documented with a variety of reports, records, and finished products. The following table provides general guidelines of deliverables that may be generated through the performance of this statement of work.
| Deliverable |
| Description |
| Due Date |
| Deliver To |
End of the Year Report The End of the Year report provides detailed documentation of the accomplishments made during the fiscal year under Processing, Cataloguing, and Documentation, Care, Handling, and Preservation, Storage and Security and Archives Service and Educational Functions. Annual review to include progress updates/changes of the following deliverables: Information Brochure, Authority records Archive Access and Instruction Manual, Archive Retrievable Image, Archive Index progress status.
15 Calendar days before the end of the base year and each option period year Museum Officer
Authority Records An organized Base Archives with standardized authority records and retrievable images and information.
15 Calendar days before the end of the base year and each option period year Museum Officer
Monthly Activity Report This report will provide A number of inbound items for archive, summary of loan items, number of items that have been transferred to alternate medium (i.e, digitalized), and a number of items that have been catalogued via Past Perfect Museum Software program. The report will include Information Brochure Authority records, Archive Access, Instruction Manual, Retrievable Image Archive, and Archive Index progress status.
Monthly, fifteen days after the end of each month. If the 15th day falls on a weekend the report shall be due the following Monday.
Museum Officer
Information Brochure This brochure will provide basic Marine Corps Base Camp Pendleton Archive access and index information.
Bi-Annual.
Completed by six months of contract award date and updates due every six months thereafter.
Museum Officer
Archive Access and Instruction Manual Manual that outlines the Marine Corps Base Camp Pendleton Archive collection scope, type of materials collected, how the items are arranged and how to access the items.
Bi-Annual.
Completed by six months of contract award date and updates due every six months thereafter.
Museum Officer
Retrievable Image Archive On-line digital resource for archived images.
Bi-Annual. 20% completed by six months of contract award date and the remaining 80% in 20% increments every six months thereafter.
Museum Officer
Archive Disaster Plan Create disaster plan for the Marine Corps Base Camp Pendleton Archive according to the specific needs of each type of item in the collections.
Bi-Annual. 80% completed by six months of contract award date and the remaining 20% thereafter.
Museum Officer
| Archive Index |
| A printable inventory index |
developed.
Bi-Annual. 50% completed by six months of contract award date and the remaining 50% thereafter.
Museum Officer
5. DELIVERY. The Contractor shall perform the services of this contract during normal business hours, Monday through Friday, between the hours of 7:30 am to 4:00pm.
6. GOVERNMENT-PROVIDED PROPERTY. All Archive items, related supplies, furniture and equipment being covered under this contract belong solely to the Government or are on loan to the Government. Any incoming archive item received or collected becomes the Government's property. The Government shall furnish and maintain a computer workstation, associated archival equipment, data back-up systems, and the latest version of Past Perfect Museum Software specifically for use in the performance of this contract.
7. CONTRACTOR'S LIABILITY FOR GOVERNMENT PROPERTY. During periods when access to Government material is granted, the Contractor shall exercise precautions necessary to prevent loss or damage due to theft, carelessness, vandalism or any misuse. Nevertheless, the Contractor shall be liable for payment of the cost of material damaged or lost through negligence while in custody of the Contractor pursuant to FAR Clause 52.245-2 "Government Property (Fixed-Price Contracts) contained herein. The Contractor shall report in writing all cases of loss, damage, or destruction of Government Property in his possession to the Museum Officer and the Contracting Officer.
8. SECURITY CONSIDERATIONS. The Contractor shall ensure that all Archive collection items have incoming, loan or outgoing documentation presented to the Museum Officer for final signature. The Contractor shall ensure all users are recorded and all collection movements are monitored.
9. TRAVEL. The Contractor must have valid driver’s license and be able to drive to various historical sites aboard the Base. No other travel required.
10. SPECIAL MATERIAL REQUIREMENTS. All materials used with the Archive collections must be acid-free and lignin-free materials to handle and store archival items as set forth in standards established by the Society of American Archivists. All materials to be used or stored in the Archives must be free of dangerous matter such as acidic, unstable or fragile containers, mold, dampness, vermin and insects.
11. REQUIRED QUALIFICATIONS AND EXPERIENCE. The Contactor shall have a minimum of at least a four-year college degree in Library Science or related field, 3 months archival or records management experience and skills, excellent writing and organizational skills, knowledge of basic preservation practices, knowledge of entering catalogue information into the Past Perfect Museum Software program, knowledge of copyright and literary rights, ability to work independently or on a team as needed, climb ladders and lift thirty-five pounds; knowledge of U.S. Marine Corps and Marine Corps Base Camp Pendleton and its history is preferred.
INSTRUCTIONS TO OFFERORS
This provision applies to both quotations and proposals; if this is a request for quotations, where the term “proposal” is used, the term “quotation” is hereby substituted.
In accordance with FAR 52.212-1(f), proposals are due at the time designated in block 8 of SF 1449. Electronic submission of proposals is encouraged. In accordance with FAR 4.302(b), if electronic submission is not used, offerors shall use at least 30 percent postconsumer fiber paper and print or copy double-sided (or include an explanation concerning why it is not possible to print or copy double-sided).
Proposals may be submitted as follows:
ELECTRONIC MAIL (EMAIL):
Christina.l.taylor1@usmc.mil
HAND DELIVERY:
USMC Regional Contracting Office
Attn: Christina Taylor
Bldg. 22180
Camp Pendleton, CA 92055
FAXED PROPOSALS WILL NOT BE ACCEPTED
For proposals delivered by hand, offerors are advised that entry to the installation is restricted, and offerors are directed to familiarize themselves with the entry control location and process. Entry processing time is unpredictable and can be lengthy. The addressee indicated above may be able to facilitate entry processing, but is not required to do so, and inability to gain access shall not excuse late delivery.
If proposals are submitted in different formats requiring different delivery methods, the proposal of record shall be the last complete version received prior to the deadline.
For email proposals, the Government office designated for receipt of the proposal is the email inbox of the addressee indicated above. Notwithstanding the provisions at FAR 52.212-1(f) or FAR 52.215-1(c)(3), delivery is not accomplished until the addressee can open the email; delivery to a server or an email inbox on a server is not considered delivery to the designated Government office and the quotation is not under the Government’s control until the addressee can open the email. The email shall not be considered to be delivered unless the entire content of the email and all attachments can be read by the addressee indicated above. Receipt of an electronic acknowledgment from the addressee establishes that a record was received but does not establish that the content sent corresponds to the content received. Email attachments are limited to no more than 2MB. Offerors are specifically warned that email may be subjected to spam filters or attachment stripping.
All transmissions must clearly state the solicitation number and the name of the contracting officer on the first page to ensure proper receipt.
Attention is directed to FAR 52.212-1(f), concerning late submissions. Offerors are responsible for allowing adequate time for transmission to be completed. The offeror bears the risk of non-receipt of transmissions, and should ensure that all pages of the proposal (and any authorized modifications) have been received by the designated office before the deadline indicated. Pages of a transmission that arrive after the deadline will not be considered.
The Government may make award based solely on the proposal received.
SUMMARY: This solicitation is for a Firm Fixed Priced Contract with a 12 month base and four-12 month option periods and is a 100% Service-Disabled Veteran-Owned small business set-aside with NAICS 541720 with a size standard of 500 employees.
QUESTIONS: Offerors are requested to thoroughly review the requirements of this solicitation and submit any questions in writing to Christina Taylor via email address christina.l.taylor1@usmc.mil by close of business 15 August 2014, 4:00 P.M. Pacific Standard Time (PST).
FORMAT OF PROPOSAL: This section specifies the content, format, and limitations offerors shall use when submitting proposals. The Government does not require elaborate proposals. No additional copies, other than the original, are required; and there is no page limitation. Proposals shall contain the following:
Section I: The signed original SF1449, any amendments (SF-30), and representations and certifications shall be returned by the closing date. If the offeror fills out the representations and certifications using ORCA, the quoter shall make an annotation to that effect in the proposal.
Section II: Technical Proposal: The Technical Proposal should be organized so that it covers the technical requirements in a methodical flow. Items that should be covered in the proposal discussion should include overall technical approach; proposed methodology; demonstrated understanding of the scope of work required by the solicitation. The offeror shall provide responses which address each of the requirements as listed in the Performance Work Statement. Detailed responses to each of these requirements shall provide an explanation indicating offeror’s ability, understanding, and proposed methodology to be utilized to meet each requirement. Responses shall not be a restatement of the requirement but shall be comprehensive, well-conceived, and include detailed approaches to accomplishing the tasks as provided in the Performance Work Statement. Proposals should demonstrate an understanding of the work required and an ability to meet the Government’s scheduled requirements. Proposals should provide experience that demonstrates the Offeror’s capability for successful performance of this magnitude.
Section III: Past Performance: Offerors shall supply information to assist the Government in evaluating the offeror’s past performance, specifically including the areas noted in the evaluation criteria. Offerors shall provide three customer points of contact for which the offeror has provided the same or similar services. The Government may contact the individual points of contact and request completion of a Past Performance Questionnaire, to obtain feedback on offeror’s performance on recent and relevant contracts for the same or similar services. Recent is performance within the past three years. Alternately, if the offeror does not have relevant contracts, it should provide points of contact for three of its current customers or three customers for whom it has provided services in the last three years.
Section IV: Price: Offerors are to submit pricing on each CLIN identified in the solicitation. Deviations from the pricing structure may result in the quote being considered non-responsive to the solicitation. Any required deviations shall be addressed to the Contracting Officer prior to the close of the question and answer period.
Period of Acceptance for Offers: Offerors agree to hold their quotes for Government evaluations firm for a period of 90 calendar days after receipt of proposals.
NMCARS 5237.102(90)
NMCARS 5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA) Per NMCARS 5237.102 (90), the contractor shall report contractor labor hours required for performance of services provided under this contract for Museum Archivist Services via a secure data collection site.
The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 1001 |
| Destination |
| Government |
| Destination |
| Government |
| 2001 |
| Destination |
| Government |
| Destination |
| Government |
| 3001 |
| Destination |
| Government |
| Destination |
| Government |
| 4001 |
| Destination |
| Government |
| Destination |
| Government |
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| UIC |
| 0001 |
| POP 01-SEP-2014 TO |
31-AUG-2015
| N/A |
| FIRE DEPARTMENT |
FAYE JONASON
FIRE STATION
CAMP PENDLETON FIRE & EMERGENCY SERVICES
CAMP PENDLETON CA 92055
(760) 763-8288
M33000
| 1001 |
| POP 01-SEP-2015 TO |
31-AUG-2016
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M33000
| 2001 |
| POP 01-SEP-2016 TO |
31-AUG-2017
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M33000
| 3001 |
| POP 01-SEP-2017 TO |
31-AUG-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M33000
| 4001 |
| POP 01-SEP-2018 TO |
31-AUG-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M33000
CLAUSES INCORPORATED BY REFERENCE
| 52.203-17 |
| Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights |
| APR 2014 |
| 52.204-7 |
| System for Award Management |
| JUL 2013 |
| 52.212-1 |
| Instructions to Offerors--Commercial Items |
| APR 2014 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| MAY 2014 |
| 52.216-24 |
| Limitation Of Government Liability |
| APR 1984 |
| 52.216-25 |
| Contract Definitization |
| OCT 2010 |
| 52.219-14 |
| Limitations On Subcontracting |
| NOV 2011 |
| 52.225-25 |
| Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. |
| DEC 2012 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| NOV 2011 |
| 252.209-7001 |
| Disclosure of Ownership or Control by the Government of a Terrorist Country |
| JAN 2009 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country |
| MAR 2014 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
CLAUSES INCORPORATED BY FULL TEXT
52.203-3 GRATUITIES (APR 1984)
(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--
(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and
(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.
(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.
(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--
(1) To pursue the same remedies as in a breach of the contract; and
(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)
(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.
(End of clause)
52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(1) Technical: The Government will evaluate the technical proposal to determine the offerors ability to perform the services of the requirement. Specifically, the Government will evaluate their Technical Capability. The offeror shall provide responses which address each of the requirements as listed in the Performance Work Statement. Detailed responses to each of these requirements shall provide an explanation indicating offeror’s ability, understanding, and proposed methodology to be utilized to meet each requirement. Responses shall not be a restatement of the requirement but shall be comprehensive, well-conceived, and include detailed approaches to accomplishing the tasks as provided in the Performance Work Statement. Proposals should demonstrate an understanding of the work required and an ability to meet the Government’s scheduled requirements. Proposals should provide experience that demonstrates the Offeror’s capability for successful performance of this magnitude.
(2) Past Performance: Offerors’ past performance will be evaluated based on the Offeror’s relevant past performance record to determine performance risk and the degree of confidence for successful performance based on the Offeror’s demonstrated record of performance on similar contracts. The past performance evaluation will consider strengths, weaknesses, and deficiencies, and the overall performance record of each Offeror. Potential sources of performance data that may be employed in the past performance evaluation include Government sources such as the customer, the Contracting Officer, and PPIRS; and the points of contact references provided by the Offeror pursuant to Addendum 52.212-1.
(3) Price: Pricing will be evaluated on an all or none basis. Proposals containing only partial pricing will not be evaluated.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2014)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.
(a) Definitions. As used in this provision --
“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.
Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
Subsidiary means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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 posted electronically on the SAM website.
(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 representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.
[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ) 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 to paragraphs (c)(8) and (9): 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--
(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 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) 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:
| Line Item No. |
| Country of Origin |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(List as necessary)
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
| Line Item No. |
| Country of Origin |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
| Line Item No. |
| Country of Origin |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(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 (Jan 2004). 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 -Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the…
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