SOL_T0012_CATH_PRIEST_final.docx

M67399-16-T-0012

Section SF 1449 - CONTINUATION SHEET

CATHOLIC PRIEST

FFP

Catholic Priest Performance Work Statement attached FOB: Destination

MILSTRIP: M3500216SUCH001

PURCHASE REQUEST NUMBER: M3500216SUCH001

NET AMT

FFP

Catholic Priest Performance Work Statement attached FOB: Destination

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

19-JUN-2017

MICHAEL BROWN

MAGCC BOX 788102

TWENTYNINE PALMS CA 92278-8102

760-830-4463

M35002

19-JUN-2018

M35002

19-JUN-2019

M35002

19-JUN-2020

M35002

19-JUN-2021

M35002

PERFORMANCE WORK STATEMENT

Roman Catholic Priest

1. Background. The mission of the Command Religious Program is to provide comprehensive religious support services for all eligible personnel at Marine Air Ground Task Force Training Command (MAGTFTC)/Marine Corps Air Ground Combat Center (MCAGCC), Twentynine Palms CA 92277.

2. Scope of Work. Services provided under this contract shall consist of the development and implementation of religious programs for eligible Roman Catholic personnel, and their eligible family members, within MAGTFTC/MCAGCC, Twentynine Palms CA 92277.

3. Acronyms.

a. AMS – Archdiocese for the Military Services, USA

b. MCAGCC – Marine Corps Air Ground Combat Center

c. RCIA – Rite of Christian Initiation of Adults

d. COR – Contracting Officer’s Representative

e. MEF- Marine Expeditionary Forces

4. Applicant and Clergy Matters. Each applicant, heretofore referred to as the “Contractor,” must meet the prerequisites for Roman Catholic priestly ministry as defined by the AMS. The Contractor must be an ordained Roman Catholic priest who is in good standing with the AMS as well as with the bishop of his own diocese or the superior of his religious community.

a. Per the requirements of the AMS, the Contractor shall:

(1) Provide a letter from his bishop or religious superior, stating that he is a priest in good standing and that he has been granted the permission of his bishop or religious superior to accept the contract and,

(2) Make an application for endorsement by the Archbishop of the AMS.

b. The Contractor will provide three letters of recommendation which attest to his personal character and moral integrity.

c. The Contractor shall submit to and successfully pass a Criminal History Background Check in accordance with Department of Defense Instruction 1402.5. Such background checks are required of all contractors who provide services to clients under the age of 18 and are based on fingerprints obtained by a government law enforcement officer, as well as inquires conducted through the Federal Bureau of Investigation and State Criminal Repositories.

d. The Contractor shall provide a substitute priest, at the Contractor’s expense, in the event that the Contractor is unable to provide services. Substitute priests must meet all contract specifications. The requirement for a substitute must be submitted, in writing, to the COR at least fourteen days prior to the event. The notification requirement may be waived in emergency cases.

5. Specific Tasks. In all the tasks undertaken by the Contractor, it should be clearly understood that the Contractor will function only as a Catholic priest, and not in the broad capacity commonly associated with military chaplains. The only function required of the Contractor and authorized by this contract is that of providing for the religious needs of Roman Catholics. Therefore, the Contractor shall assist the Command Chaplain by performing or providing the following services (or other such Roman Catholic services as circumstances may warrant):

b. Celebration of Sacraments. The Contractor shall assist the Command Chaplain by celebrating the Sacraments of the Roman Catholic Church in accordance with AMS guidance.

c. Liturgical Certifications. The Contractor shall assist the Command Chaplain by certifying the training of all liturgical assistants (Ushers, Altar Servers, Lectors, Extraordinary Ministers of Holy Communion) as needed for the proper conduct of Roman Catholic worship and ceremonies. The training will normally be conducted by the Catholic Coordinator of Religious Education.

d. Pastoral Care of Roman Catholics. The Contractor shall assist the Command Chaplain by making himself available and providing pastoral counseling for all Roman Catholic active duty, reserve, or retired military personnel. The scope of this counseling shall be limited to issues of a pastoral or sacramental nature related to the counselee’s Roman Catholic faith. The Contractor shall make himself available and provide pastoral visits during regular working hours to Catholics who are hospitalized, including the provision of Holy Communion and the Anointing of the Sick and Dying, as needed.

e. Administration. The Contractor shall assist the Command Chaplain by participating in the monthly meetings of the Catholic Chapel Advisory Council. The Contractor shall deliver to the AMS a Quarterly Report, which may be delivered electronically. The report should consist of all sacramental acts performed during the quarter as well as a narrative which highlights the events of the period. A copy of the AMS Report shall be provided to the Command Chaplain.

6. Deliverables. The Contractor shall submit the deliverables listed in Table 1 below to the recipients and according to the schedule provided in the table.

Table 1. Deliverables

7. Period of Performance. The contract is for one base year with four one-year options years. During this time the Contractor is required to perform his contracted pastoral duties as usual on civil holidays, as may be required by the Roman Catholic Church. The Contractor shall observe all Federal Holiday periods, except as required for the performance of the terms of his contract (e.g. Sunday or Holy Day Masses). The Contractor shall have two regularly scheduled days off per week except Sundays, normally Saturday and one weekday to be determined with the Command Chaplain and COR. If Catholic Holy Days coincide with one of his regularly scheduled days off, he will adjust accordingly so as not to cause any interruption in the delivery of required pastoral services, according to the guidance of the AMS. The Contractor shall be allowed fourteen days sabbatical leave during each contract year for professional purposes, such as professional development, attending the annual convocation of the AMS or his own home dioceses, or making an annual retreat. Absences for these purposes will be coordinated with the COR, the Command Chaplain and any assigned active duty priests as far in advance as possible, and will not accrue from one contract year to another. The Contractor will be responsible for providing a substitute priest while he is on sabbatical. The Contractor will be permitted to take a total of four weeks of vacation a year, normally not more than two weeks at the same time. The scheduling of this vacation time will be coordinated with the COR, the Command Chaplain and any assigned active duty priests as far in advance as possible. The Contractor will be responsible for providing a substitute priest while he is on vacation.

8. Contractor Responsibilities. The Contractor shall be responsible for safeguarding all government property assigned for his usage. He will assure that facilities and equipment under his jurisdiction will be secured at the close of each service period, in coordination with the Religious Program Specialist assigned to assist him, if such is necessary. The Contractor shall be responsible for maintaining close custody of all keys for government property and facilities that have been issued to him. Moreover, he will safeguard such keys from loss or use by unauthorized persons. Upon discovering the loss or misuse of any keys, the Contractor will report immediately such loss or misuse of keys to the COR. The Contractor shall be responsible for furnishing the Command Chaplain with basic personal information, to include his home address, personal e-mail address, home and mobile telephone numbers for use in an emergency or a command-mandated recall or health and welfare check on all personnel, civilian and military.

9. Government Responsibilities. On behalf the United States Government, the Command Chaplain will provide the Contractor with suitable facilities for the specific tasks of this contract, to include but not be limited to, access to the Immaculate Heart of Mary Chapel, the sacristy, and suitable office space; office supplies, as available, and as requested by the Contractor in the furtherance of the performance of his duties and services as described in this contract; telephone service for government official business only, in the performance of services described in this contract. The Contractor agrees to abide by all government regulations regarding the use of official telephones; a desk-top computer and access to a printer and printer supplies, as well as an internet service account as provided by the United States Government. The Contractor agrees to abide by all rules and regulations established by the United States Government regarding the use of a government computer, and to adhere to all security regulations regarding the use of a government computer; all requisite materials for liturgical celebrations and pastoral work, such as vesture, sanctuary supplies and instructional materials. The Contractor will be provided with a one-day orientation, which includes presentations regarding the history, ethos, culture and expectations of the United States Marine Corps, and MCAGCC to be conducted during normal working hours. The purpose of this orientation is to provide the Contractor with an understanding of and familiarization with the environment and sub-culture in which he is ministering. The Contractor will be provided with guidance on military protocol regarding titles. The Contractor may not use the title “Chaplain” or be referred to as “Chaplain,” but rather should use his civilian equivalent title, “Father.”

10. Applicable Technical Orders, Specifications, Regulations and Manuals. The Contractor shall coordinate with the Command Chaplain’s Office or representative regarding the scheduling and usage of any all Command Religious Program spaces, facilities and equipment. The Contractor shall familiarize himself with, and adhere to, the following publications as well as any others provided by the COR and deemed relevant to the delivery of Roman Catholic ministry:

1. SECNAVINST 1730.7D - Religious Ministry Support within the Department of the Navy

2. SECNAVINST 1730.8B - Accommodation of Religious Practices

3. MCO1730.6D - Command Religious Programs in the Marine Corps

4. MCBQORD 5400.1A - Missions, Responsibilities and Organizational Manual

5. CCO 1730.1C - Command Religious Program

11. Travel. The Contractor shall be responsible for all expenses related to travel to and from MCAGCC and travel in and around MCAGCC. The Government will not pay for any travel, including local travel, which is defined as any travel within a fifty mile radius of the Contractor’s Office. The Government will not pay any travel but the contractor may request the use of a government vehicle in accordance with DoDM 4500.36 Enclosure 5 Part 4.

12. Authority of Government Personnel. The Contracting Officer is the only person who can legally modify a resulting contract or obligate the Government for expenditure of funds. Costs shall not be incurred by recipients of the solicitation in anticipation of receiving direct reimbursement from the Government. Only the Contracting Officer has the authority to authorize deviations from the terms and conditions of any resulting contract, including deviations from specifications and requirements. In the event the Contractor does deviate, without written approval of the Contracting Officer, such deviations shall be at the risk of, and any cost related thereto, shall be borne by the Contractor. Any matter concerning a change to the scope, prices/costs, terms, or conditions of this contract shall be referred to the Contracting Officer.

13. SECURITY: Base access requirements and procedures may change during the term of a contract. The contractor shall comply with all changes, and such compliance shall not be grounds for a request for an equitable adjustment or other contract modification.

Contractor and subcontractor employees shall comply with installation rules and regulations, including installation access requirements. The Contractor is responsible for ensuring that each of its subcontractors fully comply with the following requirements, and shall flow down to subcontracts a clause to satisfy this contractual obligation.

The Commanding Officer of each base has broad authority to remove or exclude any person from the military installation to protect personnel and property, to maintain good order and discipline, and to ensure the successful and uninterrupted performance of the Marine Corps mission. In the exercise of this authority, the Commanding Officer may refuse to grant entry or may bar Contractor employees, including employees who have been granted a personal entry pass. Refusal to grant an employee a personal entry pass or bar an employee does not relieve the Contractor of the responsibility to continue performance under this contract, and shall not constitute grounds for contractor claim or request for equitable adjustment.

The Contractor’s employees shall observe and comply with all base rules and regulations applicable to contract personnel, including those applicable to the safe operation of vehicles, and shall not be present in locations not required for the proper performance of this contract.

Contractor personnel performing work under this contract shall be readily identifiable as an employee of the contractor either through the use of uniforms or with nametags, as directed by the Contracting Officer. Any alternate methods of ensuring contractor personnel are readily identifiable must be approved in advance by the Contracting Officer.

Contractor personnel and equipment entering a military installation are subject to security checks. Contractor personnel shall follow any direction given by Military Police or other security or safety personnel.

Business Passes or Employee Credentials:

The Contractor is responsible for providing information required to obtain clearances, permits, passes, security badges, or employee credentials required for Contractor personnel or equipment access. This includes information required for police or background checks or investigations.

The Contractor is responsible for ensuring such clearances, permits, passes, security badges, or employee credentials are immediately returned to the issuing activity upon termination of an employee, completion of a project, or termination of a contract or subcontract.

All Contractor personnel performing work under this contract who require access to military installations shall obtain whatever personal entry or vehicle passes are required for access to that installation. The procedures below are the current installation access requirements for Twentynine Palms and are provided for information only. The Contractor is responsible for ascertaining and complying with all currently installation access requirements throughout all performance periods under this contract.

1. Access Procedures Are Mandatory: All contractor employees are required to obtain business access or permanent business access. Daily access procedures must not be used to circumvent background check requirements outlined below. Attempts to improperly use daily access procedures may result in denial of access to the involved employees.

2. Business Access: Required for contractor employees requiring access for periods from one day to one year. Submit the following:

· A valid form of Federal or state government I.D.

· If driving a motor vehicle, a valid driver's license, vehicle registration and proof of insurance.

· Proof of employment on a valid Government contract (e.g., a letter from the prime contractor including contract number and term).

· Proof of an employee background check conducted within the past year

1. must establish the employee's citizenship or legal alien status. Acceptable documents include birth certificate, Immigration and Naturalization Service (INS) forms and passports.

1. must include proof of a criminal records check from the county or state where the employee resided for the previous two years (or length of legal residence for foreign nationals in the U.S. for less than two years).

1. will be subject to Government verification via the FBI National Crime Information Center (NCIC) Interstate Identification Index (III). If the background check is selected for verification, the employee will be required to submit fingerprint records to the FBI Automated Fingerprint Identification System (AFIS) database. NCIC checks and fingerprinting will be performed at Government expense.

Note: All contractor personnel performing work under this contract requiring access to the military installation shall obtain personal entry and a vehicle pass from the Provost Marshal’s Office (PMO) of the Combat Center. For the MCAGCC/MAGTFTC, this process includes the completion of a COMBAT CENTER ACCESS AUTHORITY letter issued by the Regional Contracting Office (NW).

3. Permanent Business Access: Required for contractor employees requiring access for periods from one to three years. Submit all items listed above under “business access.” NCIC check and fingerprint of all contractor employees will be conducted at Government expense. Contractor-provided background checks will be reevaluated annually, and will be updated by the contractor as required at the contractor’s expense.

4. Emergency Access: Each Marine Corps installation develops its own procedures which allow the contractor quick access without compromising installation security for situations in which contractor response is crucial in order to preserve and/or restore critical facilities. The contractor is responsible for ascertaining and complying with the procedures established by each installation on which it does business.

5. Installation Access Badges: Each Marine Corps installation develops its own procedures for readily identifying contractor employees working on the installation. The installation may either provide access badges to individual contractor employees at government expense or it may require the contractor to provide badges to its employees, at its expense. The contractor is responsible for ascertaining and complying with the procedures established by each installation on which it does business.

6. Denial of Access: The Commanding General of each installation has broad authority to remove or exclude any person in fulfilling his responsibility to protect personnel and property, to maintain good order and discipline, and to ensure the successful and uninterrupted performance of the Marine Corps mission. In the exercise of this authority, the Commanding General may refuse to grant access or may bar contractor employees, including employees who have previously been granted access. Refusal to grant an employee access or barment of an employee does not relieve the Contractor of the responsibility to continue performance under this contract. Among other reasons, access may be denied if it is determined that an employee:

1. is subject to an outstanding warrant.

1. has knowingly submitted an employment questionnaire with false or fraudulent information.

e. has been issued a debarment order and is currently banned from military installations.

7. Employee Identification: Contractor personnel performing work under this contract shall be readily identifiable as an employee of the contractor through the use of uniforms or nametags, or via an alternate method approved by the Contracting Officer.

8. Employee Compliance. The Contractor’s employees shall observe and comply with all MCAGCC/MAGTFTC rules and regulations applicable to contract personnel, including those applicable to the safe operation of vehicles, and shall not be present in locations not required for the proper performance of this contract. Contractor personnel and equipment entering a military installation are subject to security checks. Contractor personnel shall follow any direction given by military police, law enforcement, or other security or safety personnel.

9. Contract Termination: The Contractor is responsible for ensuring clearances, permits, passes, or security badges are promptly returned to the issuing activity upon termination of an employee, completion of a project, or termination of a contract or subcontract.

CLAUSES INCORPORATED BY FULL TEXT

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

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

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://farsite.hill.af.mil/

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The government contemplates a single award, Firm Fixed Price (FFP) service contract resulting from this solicitation to the responsible quoter whose quote conforming with the solicitation and will be awarded utilizing the lowest price, technically acceptable (LPTA) source selection process. The anticipated period of performance (POP) is 16 June 2016 – 15 June 2021.

The following factors shall be used to evaluate quotes:

1.Technical capability: The quoter shall submit capabilities statement and include a detailed narrative of how the contractor will accomplish the deliverables as outline in paragraph six of the Performance Work Statement (PWS).

2. Past Performance Information: The quoter shall provide information concerning recent (within the past three years) and relevant past performance in performing at least one, and no more than four, contracts of similar size and scope. In addition to the information submitted with the quote, the Contracting Officer may consider knowledge of any previous experience with the supply or service being acquired, customer surveys and the Government wide Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov or other information. The government will contact the references provided. Past performance will be evaluated in accordance witrh Department of Defense Source Selection Procedures Appendix A. Available at the following link: http://www.acq.osd.mil/dpap/policy/policyvault/USA007183-10-DPAP.pdf.

3. Price: Quoters shall provide prices for all CLINS.

The Government intends to evaluate quotes and award without discussions. The initial quotation submitted must contain adequate information to ascertain the contractor’s ability to comply with all requirements of the solicitation and should contain the contractor’s best terms from a price and technical standpoint. Formal Source Selection procedures, in accordance with FAR Part 15, will not be used. Accordingly, the government is not obligated to determine a competitive range, conduct discussions with all quoters, solicit final revised quotes, and use other techniques associated with FAR part 15. The government, however, reserves the right to conduct discussions under FAR Part 13 if the Contracting Officer (KO) determines them to be necessary and in the best interests of the government. In such cases if the KO determines that the number of quotes that would otherwise be competitive from a best value standpoint exceeds the number at which an efficient competition can be conducted, the KO will limit the number of quotes to be considered to the greatest number that will permit an efficient competition among those quotes most likely to be determined best value.

(b) Options. Quoters shall be advised that the Option to Extend Services clause at FAR 52.217-8 is included in this solicitation and will be included in the awarded contract. Quoters will also be advised that when quoting prices for base and option years, quoters should consider that the government may choose to exercise the option to extended services at the end of any period of performance (base or option periods), utilizing the rates in effect during the period of performance in which the option is exercised. For purposes of evaluation, the government assumes the any price proposed for base and option periods reflects the possibility that a period of performance may be extended.

Quoters hall include a price for the option years for evaluation purposes only.

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party.

All quotes are to be submitted electronically to Pedro.Tirado@usmc.mil or may be hand carried or delivered to:

Pedro Tirado

MAGTFTC/MCAGCC

Regional Contracting Office Building 1102, Door 21 Twentynine Palms, CA 92278

And

Patrick.doyle@usmc.mil and clifford.felder@usmc.mil

(d) The Quoter agrees to hold the quote firm for 90 calendar days from the date specified for receipt of quotes.

FAXED QUOTES WILL NOT BE ACCEPTED

For quotes delivered by hand, quoters are advised that entry to the installation is restricted, and quoters 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 quotes are submitted in different formats requiring different delivery methods, the quote of record shall be the last complete version received prior to the deadline.

For email quotes, the government office designated for receipt of the quotes 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. Quoters 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 contract specialist on the first page to ensure proper receipt.

Attention is directed to FAR 52.212-1(f), concerning late submissions. Quoters are responsible for allowing adequate time for transmission to be completed. The quoters bears the risk of non-receipt of transmissions, and should ensure that all pages of the quote (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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) 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.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

Veteran-owned small business concern means a small business concern--

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

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

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

"Women-owned small business concern" means a small business concern--

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

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

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

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications 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 (r) 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 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) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

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

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

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

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

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