N0018918Q0177.docx

N0018918Q0177

Section SF 1449 - CONTINUATION SHEET

ADDENDUM TO 52.212.1

ADDENDUM TO 52.212-1 INSTRUCTIONS TO VENDORS

The quotation shall consist of the following sections: (1) Past Performance, (2) Price. One electronic copy of the quotation shall be provided.

The NECO website has a submit bid button next to the RFQ number. DO NOT use the submit bid button on NECO to submit your quotation. Please submit quotes via email to david.w.crouch@navy.mil.

1. Past Performance: The Past Performance Submission shall demonstrate the vendor’s ability to provide the items required by the minimum description as provided in the solicitation’s Statement of Work (SOW). The description shall contain information demonstrating familiarity with the Manual for Courts-Martial (MCM) as it is the official guide to the conduct of Courts-martial in the United States military. The vendor shall provide evidence of at least Two (2) years’ experience of providing transcription services for the Navyby accomlishing the past performance information form attachment 3.

2. Price: The vendor shall submit one original signed copy of the completed SF1449, and if applicable, executed copies of any amendments, executed Representations and Certifications, unless completed in ORCA and a completed pricing worksheet. Additionally, provide the name, email address and phone number for a Point of Contact (POC)to be designated to receive orders for the company. Signed copies may be submitted via electronic mail to david.w.crouch@navy.mil. Prices for all line items shall be provided. The prices quoted shall be in accordance with the Schedule of Supplies and Services contained in the RFQ and pricing worksheet. No price information shall be submitted in the Past Performance sections of the quotation. Price quotes shall be held firm for sixty days.

Questions: Any questions in relation to this RFQ shall be submitted to David Crouch by e-mail at david.w.crouch@navy.mil. All questions must be submitted in writing. The cut-off date for questions is 1:00 p.m. on 06 June 2018.

52.212-2 EVALUATION OF QUOTATIONS

The Government intends to issue a Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) Firm-Fixed Price (FFP) contract to the responsible vendors whose submission represents the best value to the Government, after evaluation in accordance with the factors and sub-factors in the solicitation.

The evaluation of proposals will consider the non-price proposal to be more important than the price proposal.

The Government will conduct a source selection process using Tradeoffs and the policies and procedures of FAR subpart 13.1. This process was determined the most appropriate method of attaining the best value for the Government through the selection of the technically acceptable quotations with the lowest evaluated price. Quotations will be evaluated for acceptability.

Accordingly, the following factors shall be used to evaluate quotations:

· Factor 1, Past Performance

· Factor 2, Price

The evaluation of proposals will consider Factor 1, Past Performance more important that Factor 2, Price.

The evaluation will consist of:

Factor 1 – Past Performance

Past Performance: The quote will be evaluated on the vendor’s demonstrated understanding of the RFQ and how its approach will successfully accomplish the requirements of the RFQ. The past performance will be rated using the ratings and descriptions outlined in the table below.

The vendor must address each of the areas in sufficient detail so that the Government can reasonably determine that the vendor possesses the requisite ability to deliver on the contract. Such detail should take the form of an explanation of the vendor’s structure, and processes that reflect its capabilities. Vendors that simply reiterate the requirements and state that they possess the capability to deliver will be considered Unacceptable.

The past performance evaluation factor assesses the degree of confidence the Government has in an offeror’s ability to meet the contract’s requirements based on the quality of a demonstrated record of recent and relevant performance. There are three aspects to the past performance evaluation: recency, relevancy, and quality. These are combined to establish a single performance confidence assessment rating for each offeror.

Past Performance Recency: Recency is the first aspect of the past performance evaluation and is the time period during which past performance references are considered relevant. Recency is critical to establishing the relevancy of past performance information. For purposes of this solicitation, recent past performance is performance that has taken place within two (2) years as of the closing date of this solicitation. Performance outside of this stated period will not be considered for evaluation purposes.

Past Performance Relevancy: Regarding relevancy, each past performance reference under each offeror’s Past Performance submission will be evaluated to determine its scope and magnitude relative to the instant requirement. The following definitions will apply to this evaluation:

· Scope: Experience in the areas defined in the PWS.

· Magnitude: The measure of the similarity of the dollar value of actually performed work that exists between the PWS and the offeror’s referenced contracts during the stated two-year period established by the solicitation.

The relevancy rating assigned to each past performance reference will be considered in determining the weight to be given to that reference in the overall Past Performance Confidence Assessment. The quality of performance under a past performance reference that that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence. In determining the rating for the past performance factor, past performance of greater relevancy will have more influence on the past performance confidence assessment than past performance of lesser relevance.

Past Performance Relevancy Ratings Table

Past Performance Quality: The third aspect of the past performance evaluation is to establish the overall quality of the offeror’s past performance. The Government will review all past performance information collected and determine the quality of the offeror’s performance, including general trends and usefulness of the information, and will incorporate this into the overall past performance confidence assessment rating.

Past Performance Confidence Assessment: The overall assigned rating for past performance will be the Past Performance Confidence Assessment rating, defined in the table below. The assignment of this rating will be based on the overall quality of the recent and relevant past performance and will also consider the source of the information, the context of the data, and general trends in the offeror’s performance. The quality of performance under a past performance reference that that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence. Evaluation will focus only on work already performed. Work yet-to-be performed and work prior the last two (2) years as of the closing date of this solicitation will not be considered. In addition, performance data will only be assessed for those references demonstrating at least one (1) year of completed performance prior to the closing date of this solicitation.

In the case of offerors for which there is no information on past contract performance or where past contract performance information is not available, the offeror may not be evaluated favorably or unfavorably on the past performance factor. In this case, the offeror’s past performance is unknown and assigned a performance confidence rating of “Neutral Confidence.” Although an offeror that lacks recent, relevant past performance may not be rated favorably or unfavorably with regard to past performance, the Government may determine that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating provides better value to the Government than a “Neutral Confidence” past performance rating.

In order to determine the quality of performance, the Government may utilize existing data sources, including the Past Performance Information Retrieval System (PPIRS), the Contractor Performance Assessment Reporting System (CPARS), the Federal Awardee Performance and Integrity Information System (FAPIIS), the Electronic Subcontract Reporting System (eSRS), or other databases; communication with points of contact in the offeror’s customer’s organization, which could include private sector requirements and contracts personnel, Administrative Contracting Officers, Defense Contract Management Agency (DCMA) personnel, Procuring Contracting Officers, Contracting Officer’s Representatives, and other Government activity requirements personnel. The Government may verify past performance information. The Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires, telephone interviews, and existing data sources. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government. This information will be used for the evaluation of past performance.

The past performance factor evaluation and past performance confidence assessment rating is separate and distinct from the contracting officer’s responsibility determination. The assessment of the offeror’s past performance will be used as a means of evaluating the relative capability of the offeror and other competitors to successfully meet the requirements of the solicitation.

The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Offers receiving a rating of ‘No Confidence’ for Factor 1 – Past Performance are considered un-awardable and will not be further evaluated.

Factor 2 – Price

Price: The vendor’s proposed price will be evaluated on the basis of price reasonableness. The evaluation may include, but is not limited to the following:

(A) Price comparison with other vendors;

(B) Completeness: a complete “SF1449: schedule of services” pricing information as it directly relates to what is requested in the solicitation;

(C) Pricing worksheet. Include pricing for the three years in the ordering period and the 6 month, FAR 52.217-8 extension.

Vendors responding to this solicitation are advised that, prior to award, the government may request vendors to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote.

STATEMENT OF WORK

PERFORMANCE WORK STATEMENT

VERBATIM TRANSCRIPTION

1. The contractor, as an independent contractor and not as an agent of the Government, shall on the terms and conditions more particularly described herein, furnish the management and labor necessary for the performance of the work set forth below.

2. The government will provide Compact Discs and associated court reporters notes, exhibits, etc to the contractor. The contractor shall notify the designated government point of contact to verify receipt, complete transcription work safeguarding all material/information provided, and return all material provided along with the transcription to:

Commanding Officer Region Legal Service Office XXXXX Attn: NAME

ADDRESS

CITY, STATE ZIP

Phone:

Email:

a. The contractor will be responsible for transportation costs for return shipping via certified/registered U.S. Government Mail in an addressed, padded mailer, or in a corrugated mailing box.

b. Invoices shall be sent directly to the Requirement Owner. The contractor shall not use a Third Party Payment Vendor, such as Paypal, Square or Google Pay, to process payments

3. WORK SPECIFICATIONS

a. The contractor shall provide verbatim transcripts of testimony from approximately XXXX minutes of audio recordings contained on digital compact discs recordings of U.S. vs NAME Courts-Martial Record of Trial. These audio recordings are recorded through the use of Digital recording systems. Recordings are monitored during hearings by Region Legal Service Office (RLSO XX) personnel who will take notes as necessary to assist the transcriptionist in identifying the parties speaking on the recordings.

b. The transcribed record will conform to the following format:

(1) (NJS Quirk, JAG/COMNAVLEGSVCCOM Instruction 5814.1A, and the Manual for Courts – Martial.

(2) Word Processing Software: Shall be completed in Microsoft WORD.

(3) Computer Margins: A margin of 1 ½ inches, will be left at the top of each page to permit binding. A one-inch margin will be left on the bottom of the page and on the left side of each page and ½ inch margin on the right side of each page.

(4) Computer Font: use 12-point type. Only Courier, Times-Roman, or Times-New Roman fonts may be used. Do not use cursive, script, or italic fonts, except when appropriate in specific situations (e.g. citations). Names used, including identification of a witness called to testify, will be in bold print to facilitate responding to Freedom of Information Act Requests.

(5) Computer Line Spacing: Double-space text, returning to the left margin on second and subsequent lines with the exception of pleas, findings, and sentence, which should be single spaced, indented and in bold print. Indent the elements of separate offenses in guilty plea cases.

(6) Page Numbering: All pages in the transcribed record of trial shall be numbered consecutively, beginning with “1”. The page number shall be centered on the page 1/2 inch from the bottom.

(7) Computer Line Justification: Use left justification only with the exception of pleas, findings, and sentence, which may be justified both left and right.

c. Completed transcription:

(1) Format of Verbatim Records: All verbatim records shall be completed in conformance with format established by NJS Quirk and the Manual for Courts - Martial. The Contractor is responsible for obtaining details and complying with the minimum requirements expected in a verbatim Record of Trial.

(2) Must be spell checked;

(3) Must contain no more than two typographical or textural errors per page;

(4) Will be completed and returned to RLSO XX at the earliest opportunity; within 15 (or 30) days of receipt of audio files.

(5) Will be saved on a CD in Microsoft Word 7.0 format;

d. The contractor will provide and maintain its own word processing and recording and/or playback equipment. Playback equipment must be compatible with Lanier/Sony recording equipment.

4. PRIVACY ACT CONSIDERATIONS:

The recordings (including associated court reporter notes, exhibits, etc.) of courts-martial or other proceedings furnished for transcription are the property of the United States Navy and subject to protection under the Privacy Act, 5 U.S.C., 552A.

Completed transcription shall be property of the United States Navy.

Access to voice recordings (including associated court reporter notes, exhibits, etc.) or the transcripts prepared therefrom will not be released or granted release to third parties without the express consent of Commanding Officer, Region Legal Service Office XXXXX or his/her designated representative. Knowledge or information about the courts-martial or other proceedings obtained as a result of performance under this work statement shall likewise be afforded protection from release to third parties.

5. CONTRACTOR QUALITY CONTROL PLAN

The contractor shall submit a written plan outling quality control (QC) activities, inspections and corrective actions regarding section C of the PWS within 30 days of contract award.

6. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS.

a. Combating trafficking in Persons (March 2015)

7. GOVERNMENT POINT OF CONTACT:

To Be Determined at time of award

8. METHOD OF PAYMENT

Government Purchase Card

9. NAVY USE OF ABILITYONE SUPPORT CONTRACTOR

RELEASE OF OFFEROR INFORMATION (Mar18) NAVSUP Fleet Logistics Center Norfolk may utilize contractor support through the AbilityOne Program, as needed, to perform contract closeout functions for this acquisition. Information, including business sensitive/confidential or proprietary data, that the offeror provides to the Government or information already in the possession of the Government may be viewed and utilized by the AbilityOne Program support contractor personnel during the course of its contract performance. The information that may be made available to the support contractor may include, for example, pricing and technical proposals, historical contract, pricing and performance information, Commercial Asset Visibility (CAV) reporting information and similar data/information.

By submission of a proposal in response to this solicitation, the offeror and its subcontractors consent to a release of their business sensitive/confidential or proprietary data to the Government's AbilityOne Program support contractor personnel in order to perform close out services. Prior to the release of any such information to the support contractor, the support contractor will have in place with the Government a Non-Disclosure/Non-Use Agreement in accordance with the terms of the AbilityOne Program support contract.

Offerors may execute their own Non-Disclosure Agreement with the AbilityOne Program (AbilityOne contact information available from the contracting point of contact). The support contractor must provide copies of the executed agreements to the Contracting Officer and the Contracting Officer's Representative (COR) for the support contract; and the offeror/contractor for this acquisition must provide copies of the executed Agreement to the Contracting Officer for this acquisition. If the offeror/contractor seeks such a Non-Disclosure Agreement with the AbilityOne Program support contractor, the Agreement must be executed no later than the date of final delivery under the resulting NAVSUP Fleet Logistics Center Norfolk contract.

PURPOSE

The purpose of this solicitation is to award at least 5 Indefinite-Delivery Indefinite-Quantity (IDIQ) contracts for transcription services as defined in the scope of work for the Office of the Judge Advocate General (OJAG) located at the Washington Navy Yard, Washington, DC.

This acquisition is 100% Small Businesses set aside for NAICS code 561492, Court Reporting and Stenotype Services with a size standard of $15,000,000.00.

The guaranteed minimum obligation for the Government is $100.00. The minimum obligation must be met during the first calendar year of the contract.

The contract maximum capacity is $463,635.00, which is approximately equal to the estimated requirements for the OJAG over a three year ordering period. Additionally, all successful Contractors awarded an IDIQ contract as a result of this solicitation will have fair opportunity to compete for all work performed in support of the OJAG.

The ordering period of performance is 36 months from the date of award.

Selection: The Government intends to award a multiple award Indefinite Delivery, Indefinite Quantity (IDIQ) contract with Firm Fixed Price (FFP) provisions to the responsible offerors whose proposals represent the best value after evaluation in accordance with the factors in the solicitation. The offeror’s proposal shall be in the form prescribed by, and shall contain a response to each of the areas identified in solicitation provision FAR 52.212-1 entitled “Instructions to Offerors-Commercial Items” and its Addendum.

The Tradeoffs selection process will be used. The Government intends to evaluate proposals and award upon initial proposals. The Government intends to award the contract without discussions Accordingly, each offeror should submit its most favorable terms from a past performance and price standpoint. Proposals will be evaluated for acceptability. Selection of a vendor for award will be based on two parts, as follows:

· Past Performance

· Price

The Government intends to evaluate quotations and issue an award using the procedures of FAR Part 13- Simplified Acquisition Procedures and FAR Part 19- Small Business Programs. The Government will select the vendors whose quotation is most advantageous to the Government, considering price and past performance when compared to other quotations. The Government reserves the right to issue a contract to other than the lowest priced vendor, issue a contract without discussions, issue a contract after discussions, and is in the best interest of the Government. The Government also reserves the right to not issue an award if it is not in the best interest of the Government. The Government reserves the right to award on initial quotations. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. The Federal Acquisition Regulation (FAR) requires that past performance information (PPI) be collected (FAR Part 42). Therefore, the vendor’s initial quotation should contain the vendor’s best terms from a technical and price standpoint.

ORDERING

a. Ordering: Services to be furnished under this contract shall be furnished at such times as ordered by the issuance of Task Orders (TOs) on DD Form 1155 or SF 1449 by the Ordering Officer. Orders will be placed by JAG consolidated Administrative Business (JCAB) Office designated Ordering Officers. All orders issued hereunder are subject to the terms and conditions of this contract. This contract shall control in the event of conflict with any TO. When mailed, a TO shall be "issued" for purpose of this contract at the time the Government deposits the order in the mail, or, if transmitted by other means, when physically delivered to the Contractor.

b. Ordering Procedures:

(1) Requests for quotes will be sent via email to Schedule holders. Fair opportunity will be given to all Schedule holders. Award will be based on Price and delivery requirements.

(2) Exception to fair opportunity- If it is necessary to place an order to satisfy a minimum guarantee.

c. Unilateral Orders issued under an urgent requirement. TOs under this contract will ordinarily be issued after both parties agree on all terms. If the parties fail to agree, the Ordering Officer may require the Contractor to perform and any disagreement shall be deemed a dispute within the meaning of the Disputes clause.

d. Cautionary Note. Nothing stated in the TO, in a quote, or in discussions thereto, can modify the basic contract terms or regulations governing this contract.

PAYMENT: Payment will be made with the Government Commercial Purchase Card (GCPC).

OMBUDSMAN: The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract.

Maria Swift FLC Norfolk Contracting Department 1968 Gilbert St, Ste 600 Norfolk, VA 23511 Phone: 757-443-1023 Email: maria.swift@navy.mil

TRANSCRIPTION SERVICES

FFP

Transcription services in accordance with the Performance Work Statement and pricing spreadsheet.

FOB: Destination

MILSTRIP: N6832318RC00018

PURCHASE REQUEST NUMBER: N6832318RC00018

SIGNAL CODE: J

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$100.00

$463,635.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$100.00

$150,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-JUN-2021

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause--

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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:

Factor 1 - Past Performance Factor 2 - Price

Past performance is more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) ALTERNATE I (OCT 2014)

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 located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

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

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

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

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

___ Black American.

___ Hispanic American.

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

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

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