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N0018919QZ045
Section SF 1449 - CONTINUATION SHEET
PWS
US Naval War College (USNWC) Performance Work Statement Assessment Research Services Background The Office of Institutional Effectiveness at the U.S. Naval War College (USNWC) has a requirement to conduct a diverse array of assessment research projects in support of ongoing institutional assessments for organizational and program improvement. This includes external requirements related to the Chairman of the Joint Chiefs of Staff Instruction of Officer Professional Military Education Policy (CJCSI-OPMEP), the New England Commission of Higher Education (NECHE), and benchmarking against peer institutions.
1.1 Scope of Work
1.1. The vendor shall conduct an unlimited number of custom research and tracking research projects annually to a maximum level of three projects at any one time (i.e. 3.0-research queues). It is anticipated that surveys will be administered on-line. During ongoing projects, the vendor’s point of contact (POC) staff member will be available to scope, discuss, and consult on future and past projects, and can pause a project at any time to redirect resources towards more pressing questions that arise.
1.1.2 The vendor must have a substantial library of higher education research studies that is available via an online portal to facilitate industry evaluation. This resource is required to meet the College’s strategic plan goal to “normalize” operations and benchmark against peer military and civilian institutions. Previously commissioned or conducted studies should be searchable by keyword/phrase, date, or frequency of download. It is anticipated that new higher education studies/reports will be added to the online archive each month and made available as download in PDFs on an unlimited basis.
1.1.3 The vendor’s annual fee will cover all labor costs across each annual term at the specified level of research service. The USNWC will provide the vendor with student or alumni contact information for survey or in-depth interview populations. Survey contact information shall be protected by the vendor according to DoD PII protocols. The vendor will recommend primary research approaches based on the College’s specific needs, budget, and deadlines. There will not be any additional costs such as generation of sample names/contact information (USNWC will provide these) or incentives (USNWC does not employ them) as part of the scope of work. In the unlikely event a project will require such, the POC staff member at the vendor will notify the USNWC technical point of contact and a separate approval will be needed prior to conducting the study.
1.1.4 The College, over the years, has arrived at a formal analytical reporting format and a template for data presentation (distributions, measures of centrat tendency, etc.) as well as deliverable dates that meet the needs of internal clients. For example, the graduation report for one of the two master’s degree cohorts generally run 46 pages long and includes historical and pre/post measurement with accompanying statistical comparisons. The related data distributions (binder data) for these cohort studies run about 90 pages and includes measures of central tendencies and variation. Deliverable dates are specified below.
2.0 Objectives
Provide unlimited custom and tracking research services at the 3.0-queue level annually, and acces to higher education industry studies, with an option to renew for an additional four (4) consecutive years (5 total years). This scope reflects the College’s intention to renew the research membership and assumes continued quality research services and available funding.
3.0 Requirements
Contractor Requirements: Due to the USNWC’s unique educational model and benchmarking needs, the College requires a higher education research firm that: 1) can perform portions of studies through a continuum of complete custom studies and longitudinall tracking studies; 2) has an archive of a large number of previously conducted higher education research studies to facilitate benchmarking efforts; and 3) has successful experience in the professional graduate-level highger education arena. A background in working with military educational clients is preferred. Requirements include:
· Designing, administering, cleaning, and analyzing highly sophisticated student, stakeholder, and employee survey data (primarily on-line) to include coding open-end data and tabulation/mapping of same;
· Providing access to a large number of redacted, non-proprietary reports of higher education and related topics (best practice research);
· Providing USNWC with research products (digital and hard-copy reports; survey analytics, electronic databases; etc.) in a format that is specified and usable by the College current software systems and users, following the timeline specified in the matrix below. Historical and/or pre/post statistical testing is required for most survey items (3 years of data is used for historical perspectives);
· Performing custom data analytics, including correlation analysis, frequency analysis, multiple regression, logistic regression, factor analysis, cluster analysis, decision trees, data mining, conjoint analysis, matching models, and perceptual mapping;
· Providing experienced consultation as to the best research approach to pursue in order to obtain the information required to make validated decisions;
· Conducting in-depth interviews, international surveys, internal surveys, or web discussion boards, and then providing in-depth analysis and recommendations;
· Synthesizing, cleaning, and analyzing secondary data bases;
· Providing unlimited custom and tracking research services at the 3.0-queue level annually, with an option to renew annually for an additional four years (5 total years). This would include the ability to shift vendor resources to an existing project if 2-3 project queues are not running concurrently. Note: this is not expected to happen frequently.
· Assign a POC and other vendor personnel as needed; and
· USNWC research will remain proprietary and will not become part of the vendor research library.
4.0 Deliverables/Reports
Required research studies are the types of current projects undertaken to meet the existing annual research protocol. Note: The Indoctrination and Graduation surveys are conducted three times a year with corresponding reporting requirements. The listing is not exhaustive as other studies will be required. Several possibilities are listed.
| Required Research |
| Details |
| Due Date |
| Provide to: |
| Indoctrination Survey |
| Administer survey to each new entering cohort, analyze findings, coding for areas of qualitative feedback, prepare supporting binder data |
Est. Field date: mid-August, early-November, late-February
| 4 weeks (2 weeks in field; Flash distribution and raw data report of Questions 1 - 35 within 1 week of close; 2 additional weeks for binder report of all distributions and open-ended data) |
| Director of Institutional Effectiveness |
| Graduation Surveys |
| Administer survey to each US resident graduating cohort and analyze findings, coding for areas of qualitative feedback, prepare draft written report including statistical comparisons and supporting binder data reports |
Est. Field date: mid-October, late-January, mid-May
| 6-7 weeks (4 weeks in field; 2-3 weeks for draft analytical report with historical comparisons and pre/post analysis of learning outcomes, and binder report of distributions and open-ended data) |
| Director of Institutional Effectiveness |
| US Resident Student Alumni Survey |
| Conduct alumni surveys, online focus groups, and data collection to collect stakeholder feedback, draft initial written report, prepare supporting binder data |
Est. Field Date: Annually mid-October 7-8 Weeks
· Modifications to existing survey instrument
· Administration in field (4 weeks) depending upon desired number of participants
· Analysis and aggregation of raw data, draft analytical report within 3 weeks of close and binder report of distributions and open-ended data 3-4 weeks later Director of Institutional Effectiveness
| Supervisor Feedback |
| Gather data on USNWC graduates’ success in follow-on assignments via supervisors |
Est. Field date: As needed (may be linked to US Alumni Survey) 6 weeks - 2 weeks draft analytical report and 2 additional weeks for binder report of distributions and open-ended data. (May be subsumed in Alumni Analytical report requirements above).
Director of Institutional Effectiveness
| International Programs Alumni Survey |
| Conduct alumni surveys, focus groups, and data collection to collect stakeholder feedback, analyze results, draft written report, prepare binder supporting reports |
Est. Field Date: Every 2-3 years
8 weeks (4 weeks in field; 2 weeks to draft analytical report and an additional 2 weeks for the binder report of distributions and open-ended data)
Director of Institutional Effectiveness
| Ad hoc studies |
| Answer a series of questions related to USNWC’s strategic priorities, such as faculty workload and compensation |
| 5-11 weeks, depending on scope of work |
| Director of Institutional Effectiveness |
| Other Possible Research |
| Details |
| Due Date |
| Provide to: |
| Post-Survey Analysis |
| Conduct a more rigorous analysis of surveys previously reviewed by the Office of Institutional Effectiveness, focusing on feedback from each respective cohort and individual student learning results |
| 6 weeks |
| Director of Institutional Effectiveness |
| Operational Level of War (OLP) Alumni Survey |
| Conduct alumni surveys to collect stakeholder feedback, analyze results, draft written report, prepare binder supporting reports |
Est. Field date: Annually, time TBD
| 6-8 weeks (1 week survey design; 4 weeks in field; 2 weeks draft report and an additional 2 weeks for binder data) |
| Director of Institutional Effectiveness |
| Operational Level of War (OLP) Supervisor Survey |
| Conduct supervisor surveys to collect stakeholder feedback, analyze results, draft written report, prepare binder supporting reports |
Est. Field date: Annually, time TBD
| 6-8 weeks (1 week survey design; 4 weeks in field; 2 weeks draft report and and additional 2 weeks for binder data) |
| Director of Institutional Effectiveness |
| Pre-Matriculation Survey |
| As many students have been out of school for 10-20 years, we will administer a survey to determine educational gaps and optimal means of intervention. |
| 8-11 weeks |
· Design of survey instrument and development of questionnaire with feedback (2 weeks)
· Administration to field (2-5 weeks) depending upon desired number of participants
· Analysis and aggregation of raw data, draft report (3-4 weeks) Director of Institutional Effectiveness
| Employee Survey |
| Conduct employee satisfaction survey |
| 6-8 weeks (1 week survey design; 4 weeks in field; 2 weeks draft report and binder data) |
| Director of Institutional Effectiveness |
Note: Actual schedule of work will be co-calibrated between the vendor and USNWC to account for holidays and the College’s academic calendar. However, USNWC considers the alumni and graduation draft analytic report timelines and indoctrination flash report requirements to be hard deadlines.
4.1 Additional Initiatives to Explore
In addition to what is listed above, areas for potential collaboration between the research vendor and USNWC may include, but would not be limited to:
· Longitudinal student and alumni surveys to capture outcomes, assess satisfaction, and identify potential needs for future training or degrees from the School;
· Predictive analytics for which courses, experiences, and variables serve as the greatest predictors of student success;
· Pre-matriculation student needs analysis to identify students who might require assistance to re-acclimate to the graduate level academic work;
· International Regional Alumni Symposium (RAS) Surveys;
· College of Distance Learning (CDE) Surveys;
· Guidance on procedures for mining better alumni contact data through Linked In and other tools;
· More in-depth enrolled graduate student services (Institutional Resources) to assess current student services offerings and to identify areas for improvement; and
· College of Maritime Level of War (CMOW survey).
· College of Leadership and Ethics research
5.0 Period of Performance
One-year base of unlimited custom and tracking research services at the specified level, including higher education library access, and the option for four (4) subsequent annual renewals.
6.0 Security
Work performed on this contract is unclassified.
7.0 Government Furnished Property
N/A
8.0 References:
DoD PII protocols: The vendor and USNWC will follow the protocols for Personally Identifiable Information. It is expected that PII used in this agreement will follow the e-mail encryption requirements. Typically, files are transferred using the following system: https://safe.amrdec.army.mil/SAFE/ Additionally, Navy policy precludes the use of student’s SSN or last 4SSN as personal identifiers, so the vendor will need to design a way to match Indoctrination data with Graduation data to conduct the required statistical analysis.
The following are PII resources: http://www.doncio.navy.mil/ContentView.aspx?ID=8012
9.0 Point of Contact
Technical Point of Contact:
Mr. Edward Gillen Director of Institutional Effectiveness 401-841-2438 Edward.gillen@usnwc.edu
For Contract Matters:
Aleksandar Rajcic Contract Specialist NAVSUP Fleet Logistics Center Norfolk Contracting Dept., Philadelphia Office 700 Robbins Ave., Bldg. 2B Philadelphia, PA. 19111-5083 Phone # 215-697-9615 Fax: 215-697-9742 Email: aleksandar.rajcic@navy.mil
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
Assessment Research Services
FFP
Custom research projects for USNWC.
FOB: Destination
MILSTRIP: N0012418RC00100
PURCHASE REQUEST NUMBER: N0012418RC00100
PSC CD: R422
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
| OPTION |
| Assessment Research Services- Option I |
FFP
Custom research projects for USNWC.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
| OPTION |
| Assessment Research Services- Option II |
FFP
Custom research projects for USNWC.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
| OPTION |
| Assessment Research Services- Option III |
FFP
Custom research projects for USNWC.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
| OPTION |
| Assessment Research Services- Option IV |
FFP
Custom research projects for USNWC.
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
| 0003 |
| Destination |
| Government |
| Destination |
| Government |
| 0004 |
| Destination |
| Government |
| Destination |
| Government |
| 0005 |
| Destination |
| Government |
| Destination |
| Government |
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 22-JAN-2019 TO |
21-JAN-2020
| N/A |
| NAVAL WAR COLLEGE |
JOSEPH ALMEIDA
686 CUSHING ROAD
NEWPORT RI 02841-1207
401-841-3688
N00124
| 0002 |
| POP 22-JAN-2020 TO |
21-JAN-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N00124
| 0003 |
| POP 22-JAN-2021 TO |
21-JAN-2022
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N00124
| 0004 |
| POP 22-JAN-2022 TO |
21-JAN-2023
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N00124
| 0005 |
| POP 22-JAN-2023 TO |
21-JAN-2024
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N00124
CLAUSES INCORPORATED BY REFERENCE
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-6 Alt I |
| Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I |
| OCT 1995 |
| 52.203-18 |
| Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation |
| JAN 2017 |
| 52.204-2 |
| Security Requirements |
| AUG 1996 |
| 52.204-7 |
| System for Award Management |
| OCT 2018 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| JAN 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2018 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2018 |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| JUL 2016 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| JUL 2016 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
| 52.212-1 |
| Instructions to Offerors--Commercial Items |
| OCT 2018 |
| 52.219-4 |
| Notice of Price Evaluation Preference for HUBZone Small Business Concerns |
| OCT 2014 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2018 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| JUL 2013 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| SEP 2016 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| OCT 2015 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 252.201-7000 |
| Contracting Officer's Representative |
| DEC 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7005 |
| Oral Attestation of Security Responsibilities |
| NOV 2001 |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| MAY 2016 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.237-7010 |
| Prohibition on Interrogation of Detainees by Contractor Personnel |
| JUN 2013 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
CLAUSES INCORPORATED BY FULL TEXT
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
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:
| Past Performance |
| Performance Approach |
| Price |
This will be a Firm Fixed Price Purchase Order. All quotes shall heve two parts: Non-Price Quote and Price Quote where Non-Price quote is considered to be more important than Price quote. Also within the Non-Price quote there should be two categories; Past Performance and Performance Approach where Past performance is considered to be more important than Performance Approach. Performance Apprroach of the Non-Price quote is limited to 10 pages in length, while the Past Performance should be limited to 6 pages in total (3 pages per reference and only two latest relevant Past Performance references should be submitted). Price portion of the quote is not page limmited.
(1) Volume I – Non-price Quote
Volume I of the quote shall include all information required for the evaluation of the quoter’s Non-price Quote. It shall exclude any reference to the price aspects of the quote. The Non-price evaluation factors are listed below:
Past Performance The quoter shall demonstrate relevant past performance or affirmatively state that it possesses no relevant past performance. Relevant past performance is performance under contracts that is the same as, or similar to, the scope, magnitude, and complexity of the work described by this solicitation.
To demonstrate its past performance, the quoter shall identify up to two (2) of its most relevant contracts or efforts. The Quoter should provide a detailed explanation demonstrating the relevance of the contracts or efforts to the requirements of the solicitation. The quoter should also provide information on any problems encountered on the identified contracts or efforts and the quoter’s corrective actions. The Quoter may identify contracts or efforts for its proposed subcontractors among the two (2) past performance references provided in its quote. If past performance references are provided for a subcontractor (if applicable), the quoter’s quote should detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform. It is the contractor’s responsibility to adequately explain the relevance of a reference provided for a subcontractor’s past performance to the effort that the subcontractor is proposed to perform under the solicitation.
Performance Approach The quoter shall provide in detail a performance approach that will successfully accomplish the requirements of the solicitation, including the PWS. The quoter should describe its approach to phase-in (i.e., number of days required from date of award through full performance). The quoter should describe any risks associated with the solicitation, including the PWS. and any risks associated with implementation of the quoter’s performance approach; describe any techniques and actions to mitigate such risks; and explain whether the techniques and actions identified for risk mitigation have been successfully used by the quoter. The quoter should provide any other information the quoter considers relevant to the solicitation.
(2) Volume II –Price
Volume II, “Price Quote,” is not page limited.
The Price Quote in Volume II shall include the solicitation pricing pages completed by the quoter. The quoter shall include prices for each of the CLINs on the solicitation pricing pages and shall provide a total firm-fixed-price consisting of the total of all CLINS for the base period and all option periods. That total proposed price shall represent the quoter’s firm-fixed-price for performance of all of the solicitation’s requirements. In addition to the total CLIN price for labor, the quoter should provide a breakdown of level of effort and include price by labor category in the quote. A firm-fixed-price is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.
(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.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in 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:
| LINE ITEM NO. |
| COUNTRY OF ORIGIN |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
[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” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
| LINE ITEM NO. |
| COUNTRY OF ORIGIN |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other 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.”
Other Foreign End Products:
| LINE ITEM NO. |
| COUNTRY OF ORIGIN |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Canadian End Products:
Line Item No.:
[List as necessary]
(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':
Canadian or Israeli End Products:
| Line Item No.: |
| Country of Origin: |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
| Line Item No.: |
| Country of Origin: |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products
| Line Item No.: |
| Country of Origin: |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--
(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if…
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