M6700119Q1087_RFQ.docx

M6700119Q1087

Section SF 1449 - CONTINUATION SHEET

PURPOSE: The purpose of this action is to provide court reporting and transcription services for arbitration hearings, Equal Employment Opportunity Commission (EEOC) hearings, litigation-related depositions, investigative/litigation-related recorded interviews and other litigation-related matters as required by the the Fleet Readiness Center (FRC) East, MCAS, Cherry Point, NC.

TERM OF CONTRACT: The contractor shall provide transcription services for a base period of one (1) year, beginning 04 March 2019 and continuing through 03 March 2020, with provisions for two (2) one-year option periods. The option periods may be exercised at the discretion of the Government in accordance with FAR 52.217-9 “Option to Extend the Term of the Contract” (MAR 2000).

PERIODS OF PERFORMANCE AND VALUE. The periods of performance and dollar values for each are as follows:

PERIOD OF PERFORMANCE ESTIMATED VALUE

LOT I – Base Period $ ________________

CLINS 0001, 0002, 0003, 0004

04 March 2019 through 03 March 2020

Lot II – First Year Option $ ________________

CLINS 1001, 1002, 1003, 1004

04 March 2020 through 03 March 2021

Lot III – Second Year Option $ ________________

CLINS 2001, 2002, 2003, 2004

04 March 2021 through 03 March 2022

* TOTAL ESTIMATED VALUE $ ________________

* To be provided at time of Award.

Court Reporting Fees

FFP

Court reporting, recording and transcription services for Arbitration Hearings (Twenty days = Approximately 10 hearings per year at approximately 2 days per hearing) The contractor shall not exceed this amount without written authorization from the contracting officer. In accordance with Performance Work Statement.

FOB: Destination

MILSTRIP: N6592319SU00095

PURCHASE REQUEST NUMBER: N6592319SU00095

PSC CD: R418

NET AMT

Transcript

Transcript - Up to fifty (50) page transcript report per hour for up to 8000 pages. The contractor shall not exceed this amount without written authorization from the contracting officer. In accordance with Performance Work Statement.

FOB: Destination

MILSTRIP: N6592319SU00095

NET AMT

Expediting of transcripts

Expediting of transcripts. In accordance with Performance Work Statement.

FOB: Destination

MILSTRIP: N6592319SU00095

NET AMT

Cancelation fees

Cancelation fees. In accordance with Performance Work Statement.

FOB: Destination

MILSTRIP: N6592319SU00095

NET AMT

FFP

Court reporting, recording and transcription services for Arbitration Hearings (Twenty days = Approximately 10 hearings per year at approximately 2 days per hearing) The contractor shall not exceed this amount without written authorization from the contracting officer. In accordance with Performance Work Statement.

FOB: Destination

NET AMT

FFP

Transcript - Up to fifty (50) page transcript report per hour for up to 8000 pages. The contractor shall not exceed this amount without written authorization from the contracting officer. In accordance with Performance Work Statement.

NET AMT

FFP

Expediting of transcripts. In accordance with Performance Work Statement.

NET AMT

FFP

Cancelation fees. In accordance with Performance Work Statement.

NET AMT

FFP

Court reporting, recording and transcription services for Arbitration Hearings (Twenty days = Approximately 10 hearings per year at approximately 2 days per hearing) The contractor shall not exceed this amount without written authorization from the contracting officer. In accordance with Performance Work Statement.

NET AMT

FFP

Transcript - Up to fifty (50) page transcript report per hour for up to 8000 pages. The contractor shall not exceed this amount without written authorization from the contracting officer. In accordance with Performance Work Statement.

NET AMT

FFP

Expediting of transcripts. In accordance with Performance Work Statement.

NET AMT

FFP

Cancelation fees. In accordance with Performance Work Statement.

NET AMT

PERFORMANCE WORK STATEMENT

BASE WITH TWO OPTION YEARS

REQUIRED STANDARD OF WORKMANSHIP

INTRODUCTION:

The Fleet Readiness Center East (FRC East), Office of Counsel, Code 11.6, has a requirement for Court Reporter Recording and Transcription services for Arbitration hearings, Equal Employment Opportunity Commission (EEOC) hearings, litigation-related depositions, investigative/litigation-related recorded interviews and other litigation-related matters. The Command is required to procure court reporter services for administrative hearings in the EEO forum. Specifically, under 29 C.F.R. § 1614.109(h), the EEOC requires hearings to be recorded and the Agency is required to arrange for the court reporter, pay for verbatim transcripts and provide certified verbatim transcript to the EEOC Administrative Judge (AJ) and the complainant. The FRC East Office of Counsel may also be required to purchase certified verbatim transcripts in electronic or printed versions to support arbitrations and other litigation matters. Counsel anticipates approximately 10 litigation-related matters that will require court reporting and transcription per fiscal year. While depositions and certain other matters may last only four to five hours, hearings may last two days each). Further, the FRC East Office of Counsel will only pay for actual services performed.

1.0 SCOPE: The Court Reporter service must include but not be limited to the following:

a. The court reporter shall provide verbatim recording services during the administrative hearing, deposition or other litigation-related matter for all testimony and on-the-record discussions.

b. The court reporter shall provide one verbatim printed original transcript, one printed copy transcript, one electronic copy transcript, and a key word index of verbatim testimony of hearings, arbitrations, or other litigation related matters conducted before an Arbitrator, EEOC AJ, or other Presiding Official.

c. The court reporter must arrive 30 minutes before the specified start time and be set up and prepared to begin recording by the specified start time on any and all days of the hearing, deposition or other litigation-related matters. The court reporter must also be available to provide services through the day until the end of the proceeding, regardless of the end time. If the court reporter fails to report, fails to be ready to provide services at the specified start time, or departs before the end of the proceeding, they forfeit their appearance and hourly service fees. The timeframe for hearings, depositions, or other litigation-related matters will vary, on average, from one to two days depending on a number of variables, such as:

· Complexity of the issue,

· Number of witnesses providing testimony,

· Duration of each witness’ testimony (including examination, cross-examination, and presiding official examination),

· Amount of time spent on the examination and review of relevant documents,

· Amount of time spent on off-the-record discussions and breaks.

d. The court reporter shall be available on all days if the Presiding Official orders continuation of the hearing, deposition, or other litigation-related matter.

e. The court reporter is responsible for any costs incurred that are associated with lodging, per diem, rental cars and gasoline for rental cars or personally owned vehicles.

f. The transcript shall be made available to the FRC East within 14 calendar days from the conclusion of the hearing, deposition, or other litigation-related matter throughout each fiscal year.

g. Because of deadlines established by Presiding Officials in various forums for certain matters after the recording of testimony, Counsel anticipates that approximately four of the transcripts will need to be received before the 14-calendar day requirement per fiscal year. Expedited transcripts shall be made available to the FRC East within five-business days upon request.

h. Printed versions of the transcript or other printed materials, must be delivered via overnight delivery through Federal Express or other guaranteed overnight delivery method.

i. If the event is cancelled by the Agency, EEOC AJ, Arbitrator or other Presiding Official less than one day before the scheduled date, the agency will pay the associated appearance or cancellation fees in accordance with the agreed upon rates.

2.0 The Technical Point of Contact (POC) for this contract shall be 11.6, Fleet Readiness Center East Office of Counsel, Angel F. Gaskins, cp_legal.gm.fct@navy.mil, telephone 252-464-8336, facsimile 252-464-8009.

a. Printed transcripts, exhibits, etc. shall be mailed to the Technical POC at:

Commanding Officer Code 11.6 POC: Angel Gaskins Fleet Readiness Center East Building 137, A Street Cherry Point, NC 28533-0021

b. Electronic transcripts, exhibits, etc. shall be sent to the Technical POC via e-mail at cp_legal.gm.fct@navy.mil or via a secure file sharing web site such as Hightail at https://www.hightail.com or other secure web based file sharing application.

3.0 The Customer Point of Contact for this contract shall be 6.1.3.3, Industrial/In-Service Support Contract Acquisition/Procurement Division, Services Branch.

To be provided at time of award

4.0 Contractor Site Specific Rules and Compliance

a. The FRC East has established a goal of providing a safe, secure, and environmentally sound workplace for every civilian, military, contractor, and visitor at all FRC East facilities. To that end, the FRC East has adopted and implemented additional safety programs to improve safety, quality, environmental, and security measures.

b. All individuals who enter or work in this facility are required to comply with all federal, state, local, and site specific safety, environmental, quality and security requirements and the terms and conditions of the FRCEASTINST 5000.1B, Enclosure (1) - FRC East Information Brochure, reference (a). All FRC East supervisors, managers, and employees who observe or are advised of noncompliance will report the issue through the proper chain of command and the appropriate Contract Project Manager, Contracting Officer Representative (COR), Contracting Officer Technical Representative (COTR), and/or sponsor.

c. Any visitor/contractor not willing to acknowledge receipt of reference (a) and document willingness to comply shall not be authorized to enter the facility. Any individual authorized to enter the facility but later found not to comply with these requirements will be asked to immediately halt work. Actions that may be taken by FRC East due to noncompliance may include removal of authorization to enter the facility.

4.1 Contractor Performance Requirements

a. All personnel working on site at the FRC East under this contract shall document their receipt and review of the information listed in reference (a) annually. Documented proof of all required certification training/licensing listed in the contract shall be available upon request by the Government.

b. All contractors performing work on behalf of FRC East and who have 10 employees at any time during the past calendar year, whose employees worked 1,000 or more hours in any quarter shall furnish FRC East their Total Case Incidence Rate (TCIR) for recordable nonfatal injuries and illnesses and their Days Away from Restricted work activity, and/or Job Transfer (DART) rate for the past three years.

c. Foreign Object (FO) is defined as any article or substance alien to the aircraft or assembly which is allowed to invade the product. Foreign object damage (FOD) is the damage that occurs due to these FOs. All FRC East work sites shall be maintained in such a manner as to prevent FOD to aircraft and/or aircraft components. Work sites shall be kept clean at all times. All debris, scrap material, tools, and equipment will be cleared from the work site as work progresses. At no time shall hoses, power cords, materials, etc. be permitted to create tripping hazards in areas of the work site.

d. In those cases where a contractor supervisor determines that solving a safety or health problem is beyond their control, but within the control of the FRC East, the contractor shall notify the appropriate point of contact identified in the contract.

e. All contractor employees performing work on site at FRC East shall immediately report any safety, security, or environmental violation to their contractor supervisor, as well as the cognizant FRC East Safety/Security/Environmental Offices provided in reference (a). The initial FRC East notification can be made via phone or e-mail and should include as many applicable details as possible (date, time, identification numbers, tags, company, etc.). This initial notification shall be made as soon as possible. A safety incident will require the contractor to complete and submit an incident memo to the appropriate point of contact identified in the contract, with a copy to FRC East Safety Office within twenty-four hours of accident/incident). This incident memo will include the full name of the person involved in the incident, age, sex, job title, the name of the employing company and the contract number and title. In addition, this memo will include the severity of the illness or injury, indirect cause(s) or the accident and whether personal protective equipment was available and used.

f. Contractor supervisors shall take the FRC East Environmental Management System Awareness training (EMS & Me) available on the external FRC East Web Page at http://www.navair.navy.mil/frce/ and convey the information to their personnel prior to entry into FRC East and annually thereafter (depends on the length of the contract). This training shall be documented with course name, date completed, employee name and signature. Contractor personnel may use company training completed documents (as long as the information requested is provided) or request a copy of FRC East training sheets via the Contract Project Manager.

g. All contractors and sub-contractors working within FRC East shall develop and operate effective safety and health programs.

h. When entering into FRC East industrial areas, contractor personnel shall wear the personal protective equipment (PPE) required for that area. PPE includes hearing protection, eye protection, and safety shoes. PPE will not be provided by the Government. Contractor personnel without the appropriate PPE will not be allowed access to the facility.

5.0 CONTRACTOR'S UNAUTHORIZED WORK PERFORMANCE. The Contractor shall not perform work that deviates from contract requirements and performance work statement. If the Contractor deviates from contract requirements and performance work statement without approval of the CONTRACT ADMINISTRATOR/CONTRACTING OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.

NMCARS 5237.102-90 ECMRA

NMCARS 5237.102-90 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

1.0 In accordance with the Navy Marine Corps Acquistion Regulation Supplement (NMCARS) Part 5237.102-90 relating to Enterprise-wide Contractor Manpower Reporting Application (ECMRA):

1.1 The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract the Fleet Readiness Center East, MCAS Cherry Point, NC 28533 via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY;

(5) V, Freight and Shipping ONLY.

1.2 The contractor is required to completely fill in all required data fields using the following web address https://www.ecmra.mil/Default.aspx.

1.3 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://www.ecmra.mil/Default.aspx.

WAGE DETERMINATION

Incorporation of Applicable Wage Determination: In accordance with FAR 52.222-41, this order is subject to the requirements of the Service Contract Labor Standards. Applicable Wage Determination No. 2015-5781 (Rev. 8) dated 12/26/2018, which is available at www.wdol.gov , is hereby incorporated by reference.

ADDENDUM TO FAR 52.212-1

1) SUBMISSION OF QUOTES.

a) The vendor is responsible for ensuring that quotes are received in the Contracting Office no later than 1:00 P.M. (EST) on 25 February 2019 as indicated on page one (1) of this solicitation. Failure of vendor’s quote to be received prior to the hour and date specified may result in rejection of the quote.

b) Quotes may be submitted electronically via e-mail to larry.davis1@usmc.mil.

c) RFQ Number M67001-19-Q-1087 must be clearly shown in the subject line.

2) INSTRUCTIONS FOR THE PREPARATION OF QUOTES AND SUBMISSION REQUIREMENTS:

The vendor shall submit the following as part of their quote:

a) Information to determine Technical Acceptability:

i) The vendor’s technical quote shall include:

1. Information that demonstrates the vendor’s ability to perform the services in accordance with the requirements of the Performance Work Statement within the required period of performance.

b) Price Quote Instructions: The vendor’s price quote shall include:

1. Quoted firm-fixed price for each line item shown - for completion of all services in accordance with the requirements of the Performance Work Statement.

c) Completed SF1449 to include:

1. Signed/completed page 1 (Blocks 17 and 30)

ii) Completed Representations and Certifications: The following representations and certifications must be completed and returned as part of the vendor’s quote

FAR 52.212-3 ( Note that vendor is only required to complete paragraph (b) is they have completed annual representations and certifications via the System for Award Management (SAM) website.)

SPECIAL CONTRACT REQUIREMENT

1.0 CONTRACTOR ACCESS TO MARINE CORPS INSTALLATION AND THE FLEET READINESS CENTER EAST

1.1 Performance of this requirement requires access to Marine Corp Air Station (MCAS) Cherry Point and the Fleet Readiness Center (FRC) East. Contractor personnel shall follow all procedures for access to the Air Station in accordance with Air Station Order (ASO) 5560.6A, available at: http://www.cherrypoint.marines.mil/Portals/86/Docs/Cherrypointorders/5560.6A.pdf?ver=2016-03-29-110019-410 and FRC East Instruction 5000.1B, Enclosure 1, available at: http://www.navair.navy.mil/frce/sites/g/files/jejdrs421/files/2018-11/5000.1B%20JUNE%202017%20enc1.pdf Separate access requests are required for Base Access and FRC East access. Please note, due to the Real ID Act, some state driver’s licenses will not be accepted without a second form of identification, like a passport.

1.2 Marine Corps Installations transition to new access control system

Marine Corps Installations across the region are transitioning to a new government-owned access control system called Defense Biometric Identification System (DBIDS). This new and enhanced system will replace RAPIDGate and MCESS for contractors and other non-DoD-affiliated personnel requiring installation access. DBIDS is already installed at more than 320 sites with over 5 million registered personnel and unlike previous systems, this one is a free service.

Current RAPIDGate or MCESS credentials can easily be switched out for a DBIDS credential and new contractors can apply for a DBIDS credential using the same vetting requirements as previously required. RAPIDGate/MCESS credentials will be honored until December 31, 2018. After this date, all contractors will be required to have a DBIDS credential in order to access MCAS Cherry Point. In order to reduce wait time when exchanging your RAPIDGate/MCESS credential, it is highly recommended each applicant pre-register at https://dbids-global.dmdc.mil/enroll#!/.

Here’s what you need to know:

CURRENT DOD ID CARD HOLDERS

· If you currently hold a valid Common Access Card (CAC), dependent ID card, reserve ID card, or retiree ID card, issued by the Defense Enrollment Eligibility Reporting System (DEERS), no further action is required.

· You will be automatically enrolled in DBIDS when your ID card is initially scanned at the gate. Expect a one-time delay of 3-6 seconds as the DBIDS system initially registers your information.

CURRENT CONTRACTORS

· DBIDS credentials will be issued beginning September 24, 2018

· DBIDS credentials will be valid for the duration of your contract, not to exceed five years; however, re-vetting of individuals’ information will occur each year.

· Contractors can exchange their current RAPIDGate/MCESS credential for a DBIDS credential without re-vetting, however they will be required to bring the following items:

- Current RAPIDGate/MCESS credential

- Second form of government-issued identification (driver license, passport, etc.)

- Company Contract/Letter of Authorization

· New DBIDS credentials will be valid for the remainder of the contract (not to exceed 5 years), but individuals will be re-vetted each year.

· All contractors (MCAS Cherry Point) will be able to exchange their current RAPIDGate/MCESS credential at the MCAS Cherry Point Contractor Vetting Office, Building 251 (Pass and ID).

NOTE: Flight line access will still be granted at Physical Security using the procedures already in place.

NEW CONTRACTORS

· DBIDS credentials will be issued beginning September 24, 2018

· New contractors requiring access for over 60 days will receive a credential valid for up to one year.

· New contractors requiring access for less than 60 days will receive a temporary paper pass.

REMINDER: Beginning October 1, 2018, all personnel in possession of a RAPIDGate/MCESS credential will also be required to provide a second valid U.S. government form of identification. Beginning September 24, 2018, DBIDS credentials will be issued or exchanged in place of a RAPIDGate/MCESS credential. The last day RAPIDGate/MCESS credentials will be authorized for entry onto the installation is December 31, 2018.

More information on DBIDS can be accessed by current CAC holders at https://dbids.dmdc.mil/#!/resources.

If you have questions regarding the exchange of a current RAPIDGate/MCESS credential for DBIDS or you are a new contractor seeking enrollment into DBIDS, please contact the Contractor Vetting Office at (252) 466- 4685/5921/3066/3461.

1.3 The FRCE point of contact for this requirement is: (Insert name, phone number, and e-mail of FRCE POC). Note: There is no visit request form. A visit request may be in the form of an email or fax submitted on company letterhead and must contain the following information:

1. Last name, first name, Middle name, Place of birth, last four digits of social security number, and citizenship.

1. Name of the FRC point of contact and their phone number.

1. Purpose of visit, if classified/unclassified visit, dates of visit (one year maximum), company name, POC and phone number.

1. Include a statement affirming that the FRC EAST Information Brochure was read and understood by all visitors/contractors listed on the visit request. If a visitor/contractor has not rea the FRC EAST Information Brochure prior to their arrival, a copy may be obtained by their sponsor on the CP-Web under Security (Physical Security) “FRC EAST ACCESS CONTROL – FRCEASTINST 5000.1B CH-1 Encl: (1)” or at Building 137, Security Guard Post 1.

1.4 Additional information regarding access to the Air Station is available by phone at 252-466-5921. Additional information regarding access to the FRC East is available by phone at 252-464-7397 or by accessing the FRC East web-site at http://www.navair.navy.mil/frce/visinfo.html . Failure to submit the proper visit request information may result in denial of access to the facility.

1.5 The MCAS Cherry Point main gate is located off NC State Highway 101, Havelock, NC. Visitors without proper vehicle identification are required to check-in at the visitor’s center adjacent to the main gate.

1.6 Contractors are required to wear personal protective equipment (PPE) consisting of hearing protection, eye protection, and safety shoes. PPE will not be provided by the facility. Contractor representatives without the appropriate PPE will not be allowed access to the facility.

2.0 IDENTIFICATION OF CONTRACTOR PERSONNEL

Contractor personnel shall identify themselves as contractor personnel by introducing themselves or when being introduced. Contractor personnel shall display distinguishing badges or other visible identification for meeting with Government personnel. Contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

3.0 WORK PERFORMED ON MARINE CORP INSTALLATIONS

3.1 The worked described herein shall be performed at the Fleet Readiness Center (FRC) East, Bldg. 133, MCAS Cherry Point, NC and shall be performed during the FRC East’s normal working hours, Monday through Friday 0630 to 1500, unless otherwise requested by the contractor and approved in advance by the Government.

3.2 During the course of contract performance the contractor, as a resident of the installation and facility, shall adhere to all rules and regulations in effect at Marine Corps Air Station Cherry Point and the FRC East. Contractors are required to comply with all Federal and North Carolina State Environmental, Security, and Safety Compliance requirements along with other command policies as stated in the FRC East Information Brochure (FRCE Instruction 5000.1B, Enclosure 1 (attached).

3.3 The contractor shall report any accidents or injuries occurring on site to the FRC East Safety Office via telephone:

Safety Office - 252-464-7015

Fire Department - 911

Fire Department Dispatch - 252-466-3616

Plant Engineering - 252-464-7640

Quality Department - 252-464-9397

ISO 14001 Management Rep - 252-464-9814 or 252-464-8412

Security - 252-464-7999

Hazardous Material Program Manager - 252-464-8051

Environmental Office - 252-464-8042

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

03-FEB-2020

LYNN WEEKS

FLEET READINESS CENTER EAST DLA

BEACHEY RD. BUILDING 148, BAY A

CHERRY POINT NC 28533-5040

(252)464-5534

N65923

03-FEB-2020

N65923

03-FEB-2020

N65923

03-FEB-2020

N65923

03-FEB-2021

N65923

03-FEB-2021

N65923

03-FEB-2021

N65923

03-FEB-2021

N65923

03-FEB-2022

N65923

03-FEB-2022

N65923

03-FEB-2022

N65923

03-FEB-2022

N65923

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

Evaluation of quotes will be conducted on a lowest-priced, technically acceptable basis. All quotes will be evaluated first on price. The lowest priced quote will be evaluated for technical acceptability on an acceptable/unacceptable basis. A technically acceptable quote is one that demonstrates the vendor’s ability to perform the services in accordance with the requirements of the Performance Work Statement within the required period of performance. Award will be made on an all or none basis to the lowest-priced technically acceptable vendor who demonstrates satisfactory past performance.

If found to be technically acceptable, past performance will be evaluated. If past performance is found to be satisfactory, then no further evaluations will be conducted and award will be made. If the lowest priced quote is not technically acceptable with satisfactory past performance, the next lowest priced quote will be evaluated and so on, until a technically acceptable quote from a vendor with satisfactory past performance is identified.

(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 (OCT 2018) ALTERNATE I (OCT 2014)

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 (u)) of this provision.

(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“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.

“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.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

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

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

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

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

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

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

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

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

(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) 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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

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

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

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

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

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

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

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

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