MCC-16-RFQ-0190_FINAL.docx

ADDENDUM 1: Additional Clauses ADDENDUM 1: Additional Clauses Millennium Challenge Corporation Combined Synopsis Solicitation Associate Director in support of the Transport and Vertical Structures (TVS) Division

1. INTRODUCTION AND BACKGROUND

MCC’s mission is to provide grant assistance to support economic growth and poverty reduction in select developing countries with a demonstrated commitment to just and democratic governance, economic freedom, and investments in their citizenry. MCC’s partner countries enter into a five-year agreement (Compact) with MCC that includes a plan for achieving shared development objectives and the responsibilities of each country in achieving those objectives. Our model is defined by core principles, of selectivity, country ownership, transparency, and a focus on results.

Our values identify who we are and what is important to us. Our Values are CLEAR: Embrace Collaboration, Always Learn, Practice Excellence, Be Accountable and Respect individuals and ideas. MCC’s values define how we behave on a daily basis, both as individuals and as an institution, in pursuit of our mission. They guide how we make decisions, set priorities, address challenges, manage tradeoffs, recruit and develop staff, and work together with our country partners and stakeholders.

2. SCOPE OF POSITION

Within DCO, the Division of Infrastructure, Environment, and Private Sector is responsible for the development and oversight of MCC’s infrastructure investments (which account for two-thirds of the agency’s portfolio), private sector development programs and partnerships, and the environmental and social performance of all MCC projects.

The purpose of the work is to analyze and evaluate major aspects of substantive, mission oriented programs. The employee evaluates the effectiveness of TVS programs and operations and identifies and resolves problems and copes with issues which directly affect the accomplishment of principal MCC objectives. The employee provides input to the development of procedures or guidelines for the conduct of program operations, or new criteria for measuring program accomplishments. Study reports contain findings and recommendations of major significance to management officials, and often serve as the basis for new administrative systems, programs and practices.

The employee analyzes interrelated issues of effectiveness, efficiency, and productivity of substantive mission-oriented infrastructure programs. The incumbent develops detailed plans and objectives for the implementation and administration of programs, and/or develops criteria for evaluating the effectiveness of the program. Decisions concerning planning, organizing, and conducting studies are complicated by conditions, such as conflicting program goals and objectives. Options, recommendations, and conclusions take into account uncertainties about the data and other variables which affect long-range program performance.

Guidelines consist of general administrative policies, and program, management and organizational theories which require considerable adaptation and/or interpretation for application to issues and problems studied.

Policies and precedent studies provide a basic outline of results desired, but do not go into detail as to the methods used to accomplish the project. Within the context of broad regulatory and procedural guidelines, the employee refines or develops more specific guidelines, such as implementing new or revised processes, methods and procedures.

Personal contacts include individuals and groups at all levels of the Corporation, representatives from other Federal agencies/organizations, MCAs, contractors, and the general public. The purpose of contacts is to influence, motivate, persuade or negotiate with others who may hold different points of views in order to influence managers or other officials to accept recommendations or to obtain the desired effect.

3. PERSONAL SERVICES CONTRACT

MCC is authorized to enter into a contract with an individual as a Personal Services Contractor (PSC) under the authority of Section 614(a) (8) of the Millennium Challenge Act of 2003.

A personal services contract is different from non-personal services Government contract, which establishes an independent contract relationship. Under a non-personal services contract, the contractor or employees of the contractor are subject to the technical direction but not the supervision of the MCC. As defined by the Federal Acquisition Regulation (FAR) 37.104, a personal services contract is characterized by the employer-employee relationship it creates between the Government and the contractor personnel. Thus, the PSC is subject to the relatively continuous technical direction, supervision, and control of the MCC. PSCs may be assigned inherently governmental duties (see FAR 7.502). By law and by the contract’s terms, the PSC is subject to most of the laws, rules and regulations applicable to the direct hire employee such as MCC regulations, conflict of interest, under some circumstances MCC authorized employment security clearances and financial disclosure. However, under the MCC personal services contract authority, PSCs are not employees for purposes of laws administered by the Office of Personnel Management (OPM). The following elements apply to this contract:

(1) Performance in Washington, D.C., US, MCC eligible countries, other US and foreign cities (as required for outreach purposes), and/or at the PSC’s home of record.

(2) Principal tools and equipment furnished by the Government.

(3) Services are applied directly to the integral effort of agencies or an organizational subpart in furtherance of assigned function or mission.

(4) Comparable services, meeting comparable needs, are performed in the same or similar agencies using civil service personnel.

(5) The need for the type of service provided can reasonably be expected to last beyond 1 year.

(6) The inherent nature of the service, or the manner in which it is provided, reasonably requires directly or indirectly, Government direction or supervision of contractor employees in order to—

(i) Adequately protect the Government’s interest;

(ii) Retain control of the function involved; or

(iii) Retain full personal responsibility for the function supported in a duly authorized Federal officer or employee.

4. KEY REQUIREMENTS

· U.S. citizenship or legal, permanent resident with a minimum of five years of residency history.

· Must be able to obtain and maintain a federal security clearance.

· Performance at MCC Headquarters in Washington, DC

· Domestic and international travel may be required.

· Statement of Employment & Financial Interest (i.e. Office of Government Ethics “OGE Form-450”, or similar statement) may be required.

· Active and approved System for Award Management (www.sam.gov) registration and be listed as sole-proprietor.

· Designated and/or random drug testing required.

5. DUTIES

Major Duties and Responsibilities Includes Performs a variety of assignments associated with the management and oversight of the design, development, and implementation of Transport and Vertical Structures (TVS) programs and projects in MCC Compacts. In particular, prepares plans for Compact with TVS programs and provides implementation oversight and program management support to TVS projects at each stage of the project development cycle from planning, concept design, feasibility studies, detailed engineering design, and construction to commissioning as well as operations and maintenance. Assists with overall project scheduling, budgeting, quality assurance, change management, contract administration, and project controls.

Works as part of multi-disciplinary country team consisting of a combination of MCC staff, consultants and contractors overseeing country programs involving projects in one or more of the following TVS sub-sectors: roads (i.e., multilane highways, primary roads, secondary roads, rural roads, urban roads, road operations and maintenance), , airports, ports, railways, multimodal transport, trade facilitation and other transportation infrastructure, as well as vertical structures including (but not limited to) schools, health centers, housing, terminals, and other building facilities. . Works on multiple countries concurrently.

Oversees projects in context of complex political, environmental, social, and health and safety contexts or other variables and unknowns affecting planning, design and operational criteria and often-present critical challenges with respect to costs and economics. Works with other sectors towards the optimal resolution of such challenges as well as satisfying the urgency or public interest of particular investments. Solutions to these projects often establish standards and are used as a model for future similar projects.

Systematically, monitors and tracks and anticipates project challenges and pro-actively proposes options to address them, to the extent feasible, consistent with the combined needs of other sector specialists – and provides status reports to senior staff, with an emphasis on completion, integration, quality and cost risks.

Participates in the design and development of Compacts, including, but not limited to: technical assessment of constraints analyses, concept papers, and proposals; collection and analysis of data and information to finalize proposals; coordination with consultants on feasibility assessments and on project appraisal; drafting portions of the internal investment memorandum and other decision documents, supporting such inputs with appropriate analyses and supporting studies.

Works with MCC and host country MCA teams to develop project budgets for TVS projects and related activities at the outset of the project as well as updated estimates of costs to complete and contingency requirements during the course of project implementation.

Supports the development of implementation plans for Compact programs and projects using appropriate project management tools and tracks implementation progress, anticipating and identifying issues as they arise and concurrently developing optimal solutions with a view of sustainability.

Reviews and comments on documents submitted in connection with MCC clearance of MCA procurement packages, work plans, and disbursement requests, making recommendations to management as may be appropriate, consistent with policies and procedures and technical best practice.

Provides advice and guidance when technical interpretations, opinions, or decisions are solicited. Consultations involve assessment of engineering design, specifications, evaluations, construction scheduling, and related project risks as well as assessment of operational capabilities of contractors, supervisors and project management consultants supporting the MCA.

Participates in oversight reviews of Compact operations to ascertain that TVS projects and programs meet expectations against schedule and budget requirements; performance standards; environmental, health and safety requirements; objectives and indicators.

Reports on project-related implementation risks, providing input to risk management plans and risk analyses for MCC management.

Prepares relevant documentation and reports, and maintains the required databases during implementation of projects.

Provides analysis and interpretation of country Compact performance data. Develops, consolidates, and/or prepares briefing and background materials on infrastructure and integrated projects, issues and topics.

Assists in the formulation of budgets for consultants to be hired by MCC, drafting scopes of work, serving on evaluation panels, issuance of technical directives, review and acceptance of consultant deliverables, tracking billings, in support of the COTR or Project Monitor or in the capacity of the Project Monitor. In context of the development of Compacts and their implementation, works closely with the in country counterparts and contributes to the exchange of information, co-learning, and constructive dialogue that is needed for the MCAs to fully understand MCC policies, standards, and requirements – while also considering local context, capacity and limitations. In the course of interaction with country counterparts, contributes to their capacity building, particularly in areas of project management and implementation.

Throughout the Compact development and implementation cycle, contributes to gathering and consolidating of lessons learned resulting from the implementation of TVS related investments and pro-actively shares these with the broader MCC staff, other MCA countries and broader stakeholders as necessary in order to position the MCC at the leading edge of the discipline in context of international development.

Provides research and analysis on complex issues regarding the monitoring and evaluation of long-term infrastructure projects and programs affiliated with country compacts.

Provides independent analysis and interpretation of performance data, while considering different input from other team members. Identifies and makes recommendations regarding performance and specification compliance issues. Identifies and investigates complex problems and conflicts in assigned area of responsibility involving program and project requirements, objectives, interfaces, operations, or schedules.

Performs other related duties as assigned.

6. DELIVERABLES

NA

7. QUALIFICATIONS REQUIRED

Offerors must meet all the required qualifications described below by the closing date of this announcement. Desired qualifications will only be considered once all required qualifications are met. Candidates must demonstrate that they possess the following:

(a) Required Qualifications:

Ability to interpret policies and best practices and provide advice and guidance on their application to development and/or implementation issues related to large, complex, multi-year TVS infrastructure projects particularly with regard to program/project management.

Knowledge of planning, engineering design, construction, operations and maintenance of roadways, railways, runways and other similar horizontal infrastructure including pavements, drainage structures, bridges.

Knowledge of the policies and guidelines of TVS infrastructure programs and operations – and familiarity with other non-infrastructure factors (e.g., environmental, social, political, economic, monitoring and evaluation) sufficient to provide guidance and develop optimal and integrated solutions to Compact development and/or implementation challenges.

Mastery of the concepts and application of current best practices of project management. Knowledge of program and project management procedures and operations to work with country teams and Resident Country Missions, as well as with TVS Directors.

Ability to interpret policies and best practices and provide advice and guidance on their application to development and/or implementation issues related to large, complex, multi-year TVS projects particularly with regard to project management.

Knowledge of core principles, practices, and techniques for monitoring and managing issue resolution associated with complex, multi-year development programs and activities. Ability to work cross functionally and to integrate issues across a range of related disciplinary areas. Ability to draft comprehensive reports to inform management of progress being made, as well as successes and concerns related to on-going infrastructure projects/programs.

Project / program management / leadership skills needed to work with teams composed of staff of different levels, some internal (others external) while progressing a TVS project towards a common vision / outcome.

Strong interpersonal skills and ability to effectively communicate engineering principles, concepts and requirements to peers but also to non-engineering specialists and other sectors so as to be able to effectively function within a multidisciplinary team.

Exposure to international development context and cross cultural sensitively sufficient to be able to function with a view of contextual (environmental, social, gender-specific, or other) requirements which influence both the implementation and operational viability of investments in development contexts.

Strong oral presentation and written skills to develop comprehensive reports and to present and explain findings and recommendations to MCC management officials and other interested parties.

NOTE: All experience must be well-documented on the resume and within the Submission. All aspects of the Submission must specifically show how the candidate meets the qualifications required. Credit may be given for appropriate unpaid and/or part-time work. To receive credit, Submissions must clearly identify the duties and responsibilities in each position held and the total number of hours worked per week.

8. REQUIRED DOCUMENTATION

Interested Candidates must submit all required documents to include, but not limited to:

· Copy of Transcript or Degree Certificate;

· Completed and signed BIODATA FORM (Addendum 2) with proposed salary (typed signature is not acceptable. Physical signature or electronic signature are acceptable);

· Curriculum vitae or resume (limit 10 pages);

· A written narrative of up to five pages clearly describing relevant experience and knowledge of each of the qualification requirements; and

· No less than three and no more than five professional references with current contact information.

a) Desired Documentation:

· A cover letter, not to exceed one page, to highlight your suitability for this position. The cover letter is NOT included in the required written narrative.

9. COMPENSATION

PSCs for the services of individual experts or consultants are limited by the Classification Act. In addition, the Office of Personnel Management (OPM) has established requirements which apply in acquiring the personal services of experts or consultants in this manner (e.g., benefits, taxes, conflicts of interest).

This is a Full-Time position for an Associate Director and the maximum number of hours allowed is 2087 per year. The contract will have 2 one-year option periods that may be exercised at the sole discretion of MCC.

Overtime is NOT authorized on this contract.

The pay range for this position is $83,000.00 to $142,829.00 per year, inclusive of Washington, DC locality pay. Final compensation will be negotiated within this pay range based upon the successful candidate’s salary history, work experience and educational background. A salary above this pay range will NOT be entertained or negotiated.

MCC issues W-2s to the PSC. For U.S. citizens and legal resident aliens, MCC makes the employer contribution to FICA and Medicare for the PSC. MCC withholds FICA, Medicare, federal tax and state tax on behalf of the PSC. The PSC is not eligible for the Foreign Earned Income Exclusion.

10. BENEFITS

Under the MCC personal services contracting authority, PSCs are not employees for purposes of laws administered by OPM, such as Federal Retirement Benefits and health and life insurance. As such, the PSC is not eligible for participation in the Civil Service Retirement System or the Federal Employees Retirement System. Moreover, the PSC is ineligible to receive Federal Health and Life Insurance or participate in the Federal Thrift Savings Plan.

Notwithstanding the above and if agreed upon by the Government, the PSC before the award of a contract, the PSC may receive a pay supplement of up to 15% for full-time PSCs of the employee’s direct labor cost in lieu of fringe benefits.

a) Sick Leave The full-time (FT) PSC earns sick leave on the same basis as direct-hire MCC employees, that is, maximum four (4) hours for every biweekly pay period.

b) Annual Leave The full-time PSC earns four, six, or eight hours of annual leave for each biweekly pay period depending on the number of years of previous federal government employment based upon determination made by MCC.

c) Home Leave

NA

d) Parking & Transit Subsidy A full time PSC working at MCC Headquarters in Washington, DC is eligible for parking or transit subsidy, subject to the availability of funds. The full time PSC whose duty station is overseas is not eligible for this subsidy.

e) Credit Hours.

A full-time PSC is eligible for credit hours (up to 24 hours earned) under the MCC Credit Hour Program. PSCs may not receive credit hours for time spent in travel status. The PSC shall be compensated for the credit hour balance upon termination, subject to availability of funds.

11. TRAVEL

The PSC is subject to the Federal Travel Regulations and MCC travel policies and procedures to the same extent as MCC direct-hire employees.

NOTE: An intermittent PSC is not eligible for sick leave, annual leave, payment for holidays and other days closed, parking/transit subsidy, compensatory time off for travel or credit hours.

12. INSTRUCTIONS TO PSC CANDIDATES

In accordance with FAR 52.214-34 & 52.214-35, all submissions are to be in the English language and US Dollars. Submissions in other languages or monetary denominations shall not be considered.

The QUALIFICATIONS REQUIRED are the basis for evaluating all Submissions. Candidates must separately address each listed qualification requirement and demonstrate how s/he meets each. Unless stated otherwise, all qualification elements will be weighted equally.

(a) Qualified individuals must be registered in the System for Award Management (SAM) before submission. Candidates without a SAM registration may be rejected.

(b) Submissions shall be formatted to fit on 8 ½ x 11 paper only. Suggested margins are 1” x 1”. Font to be TIMES NEW ROMAN no larger than 12 point. Hourly rates shall not be mentioned anywhere in your submission other than on the BIODATA FORM (Addendum 2). It is the responsibility of the candidate to ensure that all pages are properly formatted to fit and that all information properly fits within the margins of each page.

(c) Qualified individuals must submit a completed and formally signed Biodata form (Addendum 2). Typed signatures are not acceptable. Either physically sign or save the BIODATA FORM as a PDF and electronically sign it. Please ensure that you provide a current, valid e-mail address and telephone number for notification purposes. The BIODATA FORM must be fully completed including a proposed hourly rate & signed for the submission to be considered. A BIODATA FORM without a proposed hourly rate and/or signature may cause you to not be considered.

(d) Qualified individuals must submit a resume (or a curriculum vitae) which clearly demonstrates their education, experience, knowledge, and skills and abilities as they relate to the qualification elements. Resume must indicate: the earliest possible start date for the Candidate; as well as formal title, and duration (start date / end date) for each listed position. Resume is limited to 10 pages and must not contain a photo or any salary information.

(e) Describe your experience and knowledge in regards to the qualification requirements in no more than five pages. Clearly demonstrate how your prior experience is either relevant or directly related to the duties of this position as listed under DUTIES. The responses should describe specifically and accurately what experience, training, education and/or awards you have received that are relevant to each factor. Cite specific examples where appropriate.

(f) Qualified individuals must submit no fewer than three and no more than five professional references, who are not relatives or family members. Submitted references MUST include current information, as follows:

· Name of reference

· Candidate’s relationship to reference

· Title of reference at current job

· Reference current telephone number (work or personal)

· Reference e-mail address (work)

(g) Submissions must be signed and received prior to the closing date and time specified above to be considered for this position. Typed signatures are not acceptable.

To ensure consideration of Submissions for the intended position, please reference the position title and announcement number on the subject line of your submission email and on supporting documentation and any cover letter.

13. RESPONSE DEADLINE

Electronic submission is required. Mailed copies of any submission shall not be accepted. Electronic packages shall be submitted by e-mail to Sultan Abdullah at abdullahsm@mcc.gov and Jose Jimenez at jimenezja@mcc.gov before the deadline stated on page 1 of this Combined Synopsis Solicitation. Submission shall reference the position title AND the announcement number on the subject line of the e-mail.

MCC does not accept responsibility for delays in transmission or receipt of any submission. Candidates are responsible for submitting their package so as to reach the designated Government office by the closing date and time specified on page one (1) of this Combined Synopsis Solicitation. Submissions received after the closing date and time will not be considered, unless there is acceptable evidence to establish that it was indeed received by the Government installation prior to the time and date specified in this announcement. Receipt of submissions in response to this announcement does not constitute an award commitment. The U.S. Government will not reimburse any costs incurred in the preparation of a submission. Any submission is at the sole risk of the Candidate.

14. QUESTION DEADLINE

Any questions regarding this announcement should be submitted in writing via email only (no phone calls) to Sultan Abdullah at abdullahsm@mcc.gov and Jose Jimenez at jimenezja@mcc.gov before the deadline as given on p.1 of this Combined Synopsis Solicitation.

15. SELECTION PROCESS

In order to be considered for the requirement, a candidate must meet the qualifications listed above. Consideration and selection will be based on a panel evaluation in accordance with the QUALIFICATIONS REQUIRED. In addition to the materials listed above, Candidates are strongly encouraged to write a cover letter, not to exceed one page, to highlight their suitability for this position. The cover letter is NOT included in the required written narrative.

All Submissions will be evaluated based on the documentation submitted, the Candidate’s evidence of the above qualification requirements, performance in a potential discussion/negotiation session, if conducted, and information provided by references, if contacted. Please note that for evaluation purposes, MCC will take into consideration your proposed labor rate and any requested pay supplement in lieu of fringe benefits. All submissions will receive one of three scores for each of the required and desired qualifications: Does Not Meet, Meets, or Exceeds. MCC reserves the right to conduct interviews with the most qualified candidates and/or conduct a reference check on those individuals.

Candidates are strongly encouraged to ensure the work history portion thoroughly documents the duties, responsibilities and accomplishments that are directly related to this requirement in order to verify specialized experience. Errors or omissions may affect your evaluation.

The U.S. Government & MCC are not obligated to make any award or pay for any costs associated with the preparation and submission of a proposal in response to this announcement. Award of this contract is contingent on availability of funds. MCC reserves the right to not award any contract as a result of this announcement.

· CONTRACT AWARD

This contract shall be awarded solely to an individual, not to a firm. The individual must have an active DUNS # and a fully approved and active record in the System for Award Management (SAM). The approval of your record in SAM may take a few weeks. Therefore, you must be registered in SAM before submission.

· CONTRACT AND PERIOD OF PERFORMANCE

The successful candidate may be offered a full-time, personal services type contract for a one-year base period, plus (2) 12 month option periods, based upon performance, agency requirements and available funding.

The base period of performance shall be from date of award through 12 months. All option periods are exercised at the sole discretion of MCC. The contract will be Full-Time and 6,261 maximum number of hours.

Overtime is not authorized on this contract.

· PLACE OF PERFORMANCE

The Contractor’s primary duty station will be MCC Head Quarters at Washington DC

16. ADDENDA

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1. FAR 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 address: https://www.acquisition.gov/?q=browsefar The following provision(s) are incorporated by reference:

JUL 2015

REQUIREMENTS—COMMERCIAL ITEM ACQUISITION

(End of Provision)

2. FAR 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 address: https://www.acquisition.gov/?q=browsefar The following clause(s) are incorporated by reference:

FAR Clause Title Date

SUBCONTRACTORS

(End of Clause)

3. FAR 52.204-1 – Approval of Contract (Dec 1989) This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of Clause)

4. FAR 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:

See Paragraph 8 – Qualifications Required on page 5 above.

(b) Options. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will 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)

5. FAR 52.212-3 – Offeror Representations and Certifications – Commercial Items (Feb 2016) The offeror shall complete only paragraphs (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 (q) 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 are 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 posted 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 representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (q) 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.

(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 connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition…