MCC-17-RFQ-0007.docx

ADDENDUM 1: Additional Clauses ADDENDUM 1: Additional Clauses Millennium Challenge Corporation Combined Synopsis Solicitation Diversity Inclusion Coordinator

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.

The Personal Services Contractor (PSC) position is located in the Human Resources Management Division (HRMD) within the Department of Administration and Finance (A&F) at the Millennium Challenge Corporation (MCC). HR is responsible for agency-wide human capital operations in major functional areas that include strategic recruitment, staffing, position classification, position management, pay administration, benefits and retirement, employee relations, performance management, training, personnel actions processing and the maintenance of official personnel records and administrative responsibilities for overseas employees.

SCOPE OF POSITION

The Human Resources Management Division (HRMD) within the Department of Administration and Finance (A&F) at the Millennium Challenge Corporation (MCC) is seeking a full time personal services contractor (PSC) to serve as a Diversity Inclusion Coordinator. The Diversity Inclusion Coordinator work involves the development, implementation, communication and evaluation of significant strategic human capital and strategic planning projects for the Corporation. Some projects are self-generated or initiated by the identification of problems or the need for improvements. Work may influence and persuade management officials to change or enhance existing HR policies or programs.

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.

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 Washington, DC, or at the PSC’s office or home of record. Relocation expenses will not be paid.

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

· Designated and/or random drug testing required.

DUTIES

The PSC serves as the Program Coordinator for Diversity and Inclusion. Duties and responsibilities will include, but are not limited to, the following:

· Assists in the development and implementation of strategies and programs designed to drive corporate diversity and inclusion opening up lines of communication with current and potential employees; assisting in the launch HR programs and initiatives; assisting with crafting messages ranging from employee surveys; and developing and executing strategic initiatives for special events.

· Assists in driving corporate diversity and inclusion strategy and message development, pitch and announcement strategies. Assists in developing and implementing relevant communications strategies and activities that contribute to raising MCC branding initiatives, internal communications and external relations.

· Assists with the collaboration with internal and external resources to develop and facilitate affinity groups as a form for individuals to network, share knowledge, challenges and ideas. Assists in new developments in diversity/outreach programs and coordinates with the staffing team on special emphasis program initiatives, which are Corporate-wide in scope.

· Researches precedent studies to determine past issues; collects and evaluates a variety of data. Provides information, advice, and/or recommendations on issues of limited scope and impact to the corporation.

· Maintains a database of MCC outreach activities and participation on an event-by-event basis. Coordinates events by affinity group and recommend priorities both in terms of the overall outreach picture or in a variety of categories such as location, culture, race, gender, or ethnicity. Provides input to internal administrative operations and procedures for key events concerning diversity issues.

· Tracks, analyzes and catalogs all partnerships, recommending opportunities for collaboration among stakeholders. Prepares narrative reports containing progress towards objective, observations, options for change and recommendations for actions. Reviews and advises on procedural programs directed at or supporting specific cultural groups. Responsible for planning, analyzing and evaluating management practices regarding multicultural outreach programs.

· Assists and performs administrative and clerical duties in the planning and coordination of outreach efforts.

· Assists in implementing D&I Training to ensure that management and employees understand D&I, raise awareness, etc.

· Assists in identifying and advocating for diversity and inclusion training and awareness opportunities, as-well-as, organizational training needs in diversity management and inclusiveness. Assists in implementing D&I Training to ensure that management and employees understand D&I, raise awareness, etc., and in developing curriculum when needed.

· Assists in taking a quantitative and qualitative approach when assessing the current state and desired future state of the workforce; tracks on-going progress in the areas of representation, new hires, promotions, turnover, work climate, affinity groups, and outreach and recruitment efforts.

· Maintains communications with various organizations concerning diversity related outreach programs, ensuring all efforts are synchronized to achieve the most efficient and effective results.

· The supervisor assigns specific projects in terms of issues, organizations, functions, or work processes to be studied and sets deadlines for completing the work. The supervisor or higher-graded staff provide assistance/guidance on controversial issues or assignments for which precedent studies are not available. The employee plans, coordinates, and carries out the successive steps in fact-finding and analysis of issues in accordance with accepted office policies, applicable precedents, organizational concepts, and training. Work is reviewed for conformance with overall requirements, contribution to the study objectives, consistency of facts and figures, choice of analytical methods, and practicality of recommendations.

· Guidelines include regulations and Government-wide policy issuances, such as OPM, Title 5 Code of Federal Regulations (CFR), and MCC administrative policies, procedures and guidelines. Because of the breadth of subjects reviewed, specific guidelines are often not available, inapplicable or contain gaps in specificity. This requires the incumbent to analyze and interpret information, and use judgment in applying available information and experience to the situation, and in modifying existing guides to develop new procedures needed to accomplish a specific assignment or to resolve a particular situation.

· The incumbent performs work associated with the analysis and interpretation of the policies and procedures associated with diversity and outreach programs and initiatives. Decisions regarding what needs to be done are left to the employee. Assignments require extensive research and interpretation of broad regulations in order to develop agency policies or guidelines impacting on major, substantive MCC-wide diversity and outreach programs. Performance of work requires a great deal of diplomacy, sound judgment, originality, initiative, and resourcefulness in order to resolve controversial problems.

· Contacts include key Corporation officials, employees, representatives of OPM and other Federal agencies, contractors, and professional organizations. The purpose of contacts is to influence and persuade employees and managers to accept and implement findings and recommendations. May encounter resistance due to such issues as organizational conflict, competing objectives, or resource problems. Must be skillful in approaching contacts to obtain the desired effect; e.g., gaining compliance with established policies and regulations by persuasion or negotiation.

· Performs other related duties as assigned.

DELIVERABLES

The PSC produces reports and analyses as requested by MCC. Examples of such reports and analyses include, but are not limited to, the following:

· Trip reports.

· Bi-weekly timesheet with summary of activities during reporting period.

· Bi-weekly meetings and/or reports with the Senior Director, Employee Engagement & Operations, Human Resources.

· Detailed and comprehensive written reports on progress of a Project or Project Activities, to the Senior Director, Employee Engagement & Operations, Human Resources, as requested.

QUALIFICATIONS REQUIRED

Offerors must meet all the required qualifications, including education and all qualifying specialized experience 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:

· Proficient with Microsoft Word, Excel, PowerPoint and Outlook.

· Proficient in SharePoint.

· Knowledge of diversity and outreach principles, concepts, and practices as well as analytical methods and techniques.

· Experience working in a Federal agency HR Department.

· Experience in the launch of HR programs and initiatives; and developing and executing strategic diversity and inclusion initiatives for special events.

· Experience in advising and resolving complex diversity and outreach programs.

· Experience in developing and implementing solutions to address diversity and outreach programs issues.

· Knowledge of quantitative and qualitative analysis techniques to effectively monitor and evaluate program effectiveness.

· Demonstrated ability to analyze facts, draw conclusions, and develop solutions to complex problems and issues.

· Demonstrated ability to develop guidelines, policies and other documents addressing human capital issues.

· Demonstrated ability to provide advice and guidance to others, brief senior management and conduct oral presentations on sensitive human resources/capital problems and issues.

· Minimum of 2 years of experience working on matters related to diversity and inclusion, as well as outreach programs.

· Demonstrated ability to draft comprehensive reports to inform management of progress being made as-well-as successes and concerns related to on-going projects/programs.

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

(b) Desired Qualifications:

· Demonstrated knowledge of MCC policies and guidelines or other international development programs and operations.

· Undergraduate degree from accredited institution in international affairs, political science, human resources, diversity, or organizational development.

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.

REQUIRED DOCUMENTATION

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

· Copy of Transcript or Transcripts;

· 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.

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 a Diversity Inclusion Coordinator and the maximum number of hours allowed is 2,087 per year. The contract will have four 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 $27.79 - $45.13 per hour, 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.

Candidates who live outside of the Washington, DC area may be considered for this contract, but relocation expenses are not compensable under the resulting contract.

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.

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 and the PSC before the award of a contract, the PSC may receive a pay supplement of up to 15% 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) 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.

d) 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.

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.

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, either in “Active” or “Submitted” status. Award of a contract cannot occur until the registration is in “Active” status. Candidates without a SAM registration (neither “Active” nor “Submitted”) 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.

RESPONSE DEADLINE

Electronic submission is required. Mailed copies of any submission shall not be accepted. Electronic packages shall be submitted by e-mail to torresromanci@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.

QUESTION DEADLINE

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

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 an 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 four 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 (up to 2,087 hours per period of performance).

Overtime is not authorized on this contract.

· PLACE OF PERFORMANCE

The Contractor’s primary duty station will be MCC headquarters in Washington, DC.

ADDENDA

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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) 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 Clauses Title Date

SUBCONTRACTORS

(End of Clause)

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)

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) 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 Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

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

(2) Foreign End Products:

[List as necessary]

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

(g)

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States”…