IPERA_Solicitation.docx

N0018919RZ036

Section SF 1449 - CONTINUATION SHEET

NOTICE TO QUOTERS

POC

BUYER: Stephanie Murphy

PHONE: 215-697-9646

EMAIL: stephanie.m.murphy@navy.mil

The deadline for receipt of quotes is 1200 PM EDT 14 February 2019. Please provide an electronic copy of both the Non-price and price proposals to Ms. Stephanie Murphy at the above email address.

Any questions should be directed to Ms. Stephanie Murphy at the above email address. It is requested that all questions be submitted no later than (NLT) 1200 EDT 6 February 2019.

PWS

Department of Navy Office of Financial Operations (FMO) Financial Operations Remediation Support Performance Work Statement

1. Introduction

The Office of Financial Operations (FMO), under the Assistant Secretary of the Navy, Financial Management and Comptroller (ASN, FM&C), acts on behalf of the DON and is responsible for financial and accounting matters. FMO leads financial programs and activities that are designed to improve the way the DON does business and support the warfighter.

As Department of Defense (DoD) directives and policies are set for financial efficiency, effectiveness, and transparency, FMO reports on financial data, as well as develops and manages accounting and finance related programs to help Budget Submitting Offices (BSOs), Commands, and other Shared Service Providers (SSP) comply with the DoD requirements and audit response.

2. Background

The Operations Management Division of FMO (FMO-1) provides operational and sustainment support of all Financial Improvement Audit Readiness (FIAR) related activities within the DON. In addition, FMO-1 facilitates FMO business success by ensuring an overarching alignment across Divisions by maintaining continuous communications, and providing acquisition management, budgeting and resources, and analytical support to its customers.

The Operations Management Division is responsible for the Improper Payments Elimination and Recovery Act (IPERA) Program, Barring Act Waiver (BAW) Program, Contract Debt Deferment (CDD) Program, Military Banking Program, Travel and various Card Programs, including conducting any necessary testing, providing recommendations, and managing program policies. FMO- 1 is also responsible for Managers’ Internal Control Program (MICP) execution, and the planning, execution, and prioritization management of manpower.

3. Tasks

The requirements of this PWS will support remediation and auditability of FMO-1’s operational programs. Efforts under this task order will likely require coordination across FM&C, DON BSOs and SSPs. The contractor will coordinate with the Contracting Officer’s Representative (COR) to support the below tasks.

Task 3.1- Improper Payments Elimination and Recovery Act Program (IPERA)

The contractor shall perform the following tasks:

3.1.1 The Contractor shall support for the oversight and management of all phases of the Department of the Navy IPERA program, including preparing executive level briefings, monthly, quarterly and annual IPERA Reporting, sample plans, and corrective action plans; updating policies, procedures, and training; and recommending program improvements

3.1.2 Conduct analysis of IPERA relating to Defense Travel Program (Defense Travel System ((DTS)) and Windows Integrated Automated Travel System (WinIATS))

3.1.3 Develop and maintain Defense Travel Program Dashboards

3.1.4 Conduct WinIATS Defense Travel Program analysis to include Post Pay Review (PPR) support

3.1.5 Support the Senior Management Council (SMC) by providing IPERA data, analysis, and reports

3.1.6 Conduct and report on Marine Corps DDS Risk Assessments

3.1.7 Collaborate with DFAS regarding IPERA Key Supporting Documentation (KSDs)

3.1.8 Conduct PPR support for MilPay/CivPay

3.1.9 Support processing of Navy ERP samples

3.1.10 Support PPR processing of Navy Commercial Bill Paying Offices

3.1.11 Develop Memoranda of Understanding (MOUs), guidance, and reports supporting IPERA

Task 3.2- Contract Debt Deferment (CDD)

The contractor shall perform the following tasks:

3.2.1 Support for the processing and tracking of Contract Debt Deferments, including preparing waiver packages, coordinating and reviewing supporting documentation, maintaining files and communicating with other Department of Defense Agencies regarding the relevant issues involved in the request for debt deferment.

3.2.2 Develop data analysis and reports pertaining to CDD claims

3.2.3 Coordinate with stakeholders such as the Defense Contract Management Agency (DCMA) and ASN Research, Development and Acquisition (RDA) to aid in the processing of claims

3.2.4 Develop process improvements such as dashboards and templates for CDD

Task 3.3- Barring Act Waivers (BAW)

The contractor shall perform the following tasks:

3.3.1 Provide support for the processing and tracking of Barring Act Waivers (31 U.S.C. 3702), including preparing waiver packages, coordinating and reviewing supporting documentation, maintaining files and communicating with other Department of Defense Agencies and Congressional and Senatorial Offices of Constituent Affairs in order to obtain information about the claim or contact the constituent regarding the status or outcome of the claim.

3.3.2 Support the overall management of BAW to include submission reviews, processing claims, and tracking for the Department of the Navy. Work will involve the coordination with stakeholders such as Defense Finance and Accounting Service (DFAS).

3.3.3 Develop process improvements for the BAW program

Task 3.4- Military Banking (MB)

The contractor shall perform the following tasks:Military Banking Program—Provide support for the processing and tracking of annual Bank and Credit Union of the year awards, preparing packages for Assistant Secretary of the Navy (Financial Management and Comptroller) approval, coordinating and reviewing supporting documentation, maintaining files and communicating with other Department of Defense Agencies and Trade Associations in addressing issues impacting on-base banks and credit unions.

Task 3.5- Travel and Charge Card Programs

The contractor shall perform the following tasks:Travel and Charge Card Program management support (Travel Card, Purchase Card, Fleet Card, Fuel Card, Syncada, and Navy Cash). This includes programs such as

· Defense Travel System/WinIATS

· Travel Card Program

· Purchase Card Program

· Fleet Card Program

· Fuel Card Programs

· Support FMO with the Travel and Charge Card Programs by developing management reports to sustain the transition to SmartPay3.

· Develop data analysis and reports pertaining to Travel and Charge Card Programs

· Support FMO in the overall management and tracking of Travel and Charge Card packages.

· Coordinate with stakeholders such as Defense Travel Management Office (DTMO) and Defense Procurement and Acquisition Policy (DPAP) to improve the Travel and Charge Card Programs.

· Develop process improvement such as Dash-boards and templates.

Task 3.6- Internal Controls

The contractor shall perform the following tasks:Provide support for the oversight and management of all phases of FMO-1’s internal controls initiatives, this includes annual statement of assurance testing, reporting and implementation of any corrective action plans as well as program management risk assessments.

· Prepare briefings, update policies, procedures, and training, and recommend program improvements.

· Develop and manage the FMO-1 Annual Statement of Assurance testing and reporting.

· Support FMO-1 in the remediation, management, and tracking of material weaknesses.

· Coordinate with stakeholders such as FMO-4 to provide management with assurances FMO-1 operations are complying with applicable laws, regulations, and policies.

· Support FMO-1 internal controls with data analytics for planning and programming of financial statement audit; business process improvements/ compliance; receipt and acceptance initiatives; and remediation efforts.

· Provide technical input to FMO-1 related to the prioritization of remediation efforts to include risk-based assessments and internal control recommendations.

· Support FMO-1 program management internal control initiatives to include performance metrics, cost estimating, and program status reviews.

· Support FMO-1 in complying with records and documentation management efforts as well as configuration management initiatives.

· Provide and support the FMO wide document retention effort and provide recommended improvements.

4. Personnel Qualifications

General Qualifications

It is essential that continuity of services be maintained to the maximum degree possible; hence, substitution of Contractor employees shall be kept to the absolute minimum necessary to perform the services required and to provide adequate back-up personnel

Specific Qualifications

Personnel assigned to or utilized by the Contractor in the performance of this contract shall, as a minimum, meet the experience, educational, or other background requirements set forth below and shall be fully capable of performing in an efficient, reliable, and professional manner. If the quoter does not identify the labor categories listed below by the same specific title, then a cross-reference list shall be provided in the quoter’s quote identifying the difference.

If the Contracting Officer questions the qualifications or competence of any person performing under the order, the burden of proof to sustain that the person is qualified as prescribed herein shall be upon the Contractor.

The Contractor must have the personnel, organization, and administrative control necessary to ensure that the services performed meet all requirements specified in the contract. The Contractor shall be required to demonstrate the ability to support expertise across all functional tasks and functional areas identified in the PWS.

LABOR CATEGORY: Program Manager

Lead and experience in conducting professionally produced Senior Executive Service (SES) level presentations within the Navy (preferred) and required Budget Submitting Office SES action officers.

Education Requirements

Master of Business Administration (MBA) or Masters in Accounting. Certified Public Accountant (CPA) and Certified Project Management Professional (PMP) by the Project Management Institute.

Experience Requirements

Minimum ten (10) Years of progressive experience, with at least three (3) of those years having managed complex projects, contracts, funds, and resources. Experience must include work in DOD Payment Programs and Disbursing Operations. This individual serves as the interface with the Government’s Contractor’s Officer Representative (COR), other Government management and customer agent representatives. Responsible for formulating and enforcing work standards, assigning contractor schedules, maintaining work breakdown schedule, reviewing costs, budget and performance, and communicating policies, purposes, and goals to both subordinates and subcontractors. Oversees overall contract performance, and has the responsibility to organize resources to support and manage the execution of multiple projects. Recognized as an authority on one or more business improvement areas to include business process engineering, change management, financial management, and program management. Provide strategic program level skills and perspective to integrate business enterprise systems and related processes. Must be an expert in MS PowerPoint and Excel. This individual must have experience in both leading and conducting professionally produced Executive Level presentations with Senior Government leaders.

Knowledge Experience

Experience with DOD Organizational structure and chains of command, in particular those relating to the DON; Disbursing Operations and Payment Program governing Laws, Regulations, and Policies as described in the DOD Financial Management Regulation Volumes 5, 7, 8, 9, 10, 11 and 12.

LABOR CATEGORY: Program Analyst III

Support DOD (DON preferred) Contract Debt Deferment Program, conduct research in DON (DON preferred) Human Resource and Financial Management repositories, and Military Banking Program policy oversight and guidance.

Educational Requirements

Relevant Bachelor’s Degree. Certified Project Management Professional (PMP) by the Project Management Institute.

Experience Requirements

Minimum of six (6) years of progressive experience. Relevant experience includes Contract Debt Deferment Program, Human Resource and Financial Management repositories, and Military Banking Program policy oversight and guidance. Possesses demonstrated knowledge in business operational compliance review. Possesses significant experience providing solutions to an organization’s challenges through the application of knowledge gained through similar prior engagements. Participate in the development of solutions by leveraging knowledge of the designated field or discipline. Contributes to the implementation of strategy and helps assess the impact of industry trends, policy, and/or standard methodologies. Direct the activities of Specialists or other staff as necessary on activities related to the specified field or discipline. Expert in MS Office Suite to include Microsoft Access.

Knowledge Experience

Experience supporting a project in each of the following DOD (DON Preferred) Pay and Disbursing Programs: Improper Payments Information Act of 2002 (IPIA), Barring Act Waivers, Contract Debt Deferments, Charge Card Programs, and Military Banking.

LABOR CATEGORY: Program Analyst II

Support Payment and Disbursement Programs and Policy.

Educational Requirements

Relevant Bachelor’s Degree.

Experience Requirements

Minimum of four (4) years of progressive experience. Experience supporting a project in each of the following DOD (DON Preferred) Pay and Disbursing Programs within the last two (2) years: Improper Payments Information Act of 2002 (IPIA), Barring Act Waivers, Contract Debt Deferments, Charge Card Programs, and Military Banking. Conducting trend analysis, performing root cause analysis, and developing corrective action plans on improper payments data.

Knowledge Experience

Financial Statement Audit experience. Knowledge of DOD Organization; Disbursing Operations and Payment Program Policies as described in the DOD Financial Management Regulation Volumes 5, 7, 8, 9, 10, 11, and 12.

LABOR CATEGORY: Business Financial Management Analyst II

Project Support and Financial Management and Business Operations.

Educational Requirements

Relevant Bachelor’s Degree.

Experience Requirements

Minimum six (6) years of progressive experience. Experience supporting a project in each of the following DOD (DON Preferred) Pay and Disbursing Programs: Improper Payments Information Act of 2002 (IPIA), Barring Act Waivers, Contract Debt Deferments, Charge Card Programs, and Military Banking.

Knowledge Experience

Conducting trend analysis, performing root cause analysis, and developing corrective action plans on WinIATS improper payments data for Budget Submitting Offices that support large volumes of travel (e.g. BUPERS, PACFLT, Fleet Forces Command)

Implementing data visualization tools that capture IPIA program metrics and developing statistical estimates of improper payments for inclusion in DOD agency financial reports.

Collaborating and enhancing IPIA program governance through policy and memorandums of understanding with key stakeholders.

LABOR CATEGORY: Business Financial Management Analyst I

Business Operations.

Educational Requirements

Bachelor’s Degree in Business.

Experience Requirements

Minimum four (4) years of progressive experience. Business operations analytics, cost estimating, spend analysis, and analytical business process improvement initiatives.

Knowledge Experience

Experience in Federal budget process planning, estimating, and programming.

LABOR CATEGORY: Accountant

Financial Statement Compilation and Reporting Process.

Educational Requirements

Master of Business Administration (MBA) or Masters in Accounting.

Experience Requirements

Minimum ten (10) years of progressive experience. Experience supporting organizational financial statement audit risk assessments and improvements, developing internal control procedures, and financial statement compilation and reporting process.

Knowledge Experience

Program management in financial statement audit environment to include work product development, review, quality assurance, and delivery.

LABOR CATEGORY: Communications/Change Management Specialist III

Change Management.

Educational Requirements

Relevant Bachelor’s Degree.

Experience Requirements

Minimum ten (10) years of progressive experience. Experience supporting change management services, financial management business process re-engineering services, and/or communications services, preferably with the DoD or other Federal agency.

Knowledge Experience

Change Management experience preferably with the DOD or other Federal Agency.

5. Performance Standards

Refer to section entitled QASP

6. Security Requirements

The Contractor shall comply with the attached DD 254 (Attachment I).

7. Deliverables

The senior on-site contractor representative shall schedule and attend a monthly planning meeting with the COR by the 23rd day of each month. The purpose of this meeting is to establish expectations for the next month and ensure that services provided under the task order are responsive to overall FIAR goals and objectives. CDRL A001 includes an agenda for the monthly planning meeting. CDRL A002 includes the minutes from the monthly planning meeting.

See Attachment II CDRLS

9. Contractor Identification in the Government Workplace In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating a false impression to the public, agency officials, or Congress that such contractor personnel are Government officials. This shall occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious.

The Contractor employees shall:

Not by word or deed give the impression or appearance of being a Government employee.

Wear appropriate badges visible above the waist that identify them as contractor employees when in Government spaces, at a Government sponsored event, or an event outside normal work spaces in support of the task order;

Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification shall include the name of the company for whom they work;

Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conference, and other interactions in which all parties are not in daily contact with the individual contractor employee; and Be able to provide, when asked, the full number of the task order under which they are performing, and the name of the Contracting Officer’s Representative.

If wearing a badge is a risk to safety and/or security, then an alternative means of identification maybe utilized if approved by the COR.

10. Place of Performance Approximately 100% of the work will be performed at Government Facilities.

Work will be performed predominantly at the National Capital Region (NCR) and other commands as necessary.

Telework (ad hoc and recurring on a part-time basis) where the normal workplace is the Government site or contractor overhead site is permitted. Contractor employees who telework may be required to arrive at the Government site based on operational requirements, and shall be available to communicate with the Government within 30 minutes at all times during normal business hours. Permanent telework shall be approved by the COR and will be accepted on a case-by case basis. The Contractor shall not direct charge this contract for commuting costs for permanent telework employees to the normal worksite (Government facility or contractor overhead site).

11. Ancillary Government Support

The Government will provide the following for on-site support: workspace, NMCI laptop, land-line phone, printer access, and proper building access identification badges. The Government may provide access to appropriate reference material, databases, and systems, as necessary, in the performance of this effort.

12. SUPTXT237-9401(2-17) PERSONNEL QUALIFICATIONS MINIMUM (TAILORED)

(a) All personnel assigned to or to be utilized by the contractor under this task order, shall at a minimum meet the experience, educational or other background requirements set forth herein and shall be fully capable of performing in an efficient, reliable and professional manner. If the quoter does not identify the labor categories by the same titles specified herein, then a cross-reference list should be provided prior to the resource performing under the task order.

(b) The work history of each proposed contractor employee shall contain experience related to the efforts and functions to be assigned. Provide the COR with a tailored resume detailing how a particular resource’s experience complies with the specific experience requirements contained herein at least one-week prior to the resource commencing performance under the task order. The COR will review this information for the proposed resource; if the COR questions the qualifications or competence of any proposed resource and/or person performing under the task order, the burden of proof to sustain that the person is qualified as prescribed herein shall be upon the contractor.

(c) The contractor must have the personnel, organization, and administrative control necessary to ensure that services performed meet all requirements specified in the task order. The Contracting Officer reserves the right to determine if a given work history contains the necessary and sufficiently detailed related experience to reasonably ensure the ability for effective and efficient performance.

13. Data Rights

The Government has unlimited rights to all work products and deliverables under this task order. All data received, processed, evaluated and/or generated in the execution of this task order shall become the property of the Government unless specific exception is granted by the Contracting Officer. The Government will retain custody of all records associated with contractor deliverables and shall have exclusive control in the distribution of all written deliverables.

Coordinate in advance with the COR any requests to include any proprietary markings or legends, on any and all data submissions under this task order; failure to obtain advance approval from the COR will result in self-deletion of any subsequent improper markings.

Ensure that Government furnished IT systems are maintained separately from the Contractor's furnished commercial systems, such as its financial management, personnel and other operating systems. The Government’s furnished source programs, databases, operating systems and all modifications shall remain as Government property. maintain and protect the systems and data for the duration of the task order; therefore, at the task order end date, return all current source and compiled programs, documentation, and data in a useable format consistent with the manner in which it was originally furnished or modified during the performance period, including any approved Contractor applications with databases. Ensure data is current, complete and readily accessible.

14. Contractor Onboarding

The Contractor shall comply with CDRL A001, Tailored Qualifications and Security Template.

15. Enterprise-wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the DON Financial Improvement Program via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address – https://doncrma.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

IPERA SUPPORT

FFP

Financial Operations Remidiation Support IAW the PWS FOB: Destination

PURCHASE REQUEST NUMBER: 2019N414219IPERA

PSC CD: R408

NET AMT

CDRLS

FFP

CDRLS in support of CLIN 0001 FOB: Destination

NET AMT

FFP

Financial Operations Remidiation Support IAW the PWS FOB: Destination

NET AMT

FFP

CDRLS in support of CLIN 1001

NET AMT

FFP

Financial Operations Remidiation Support IAW the PWS FOB: Destination

NET AMT

FFP

CDRLS in support of CLIN 2001

NET AMT

FFP

Financial Operations Remidiation Support IAW the PWS FOB: Destination

NET AMT

FFP

CDRLS in support of CLIN 3001

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

14-MAR-2020

RUSS STROTHER

WASHINGTON NAVY YARD

720 KENNON ST SE ROOM 115

WASHINGTON DC 20374-5025

202-685-6721

N41421

15-MAR-2020

N41421

14-MAR-2021

N41421

14-MAR-2021

N41421

14-SEP-2021

N41421

14-SEP-2021

N41421

14-MAR-2022

N41421

15-MAR-2022

N41421

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

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.

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:

The evaluation factors for this solicitation are PAST PERFORMANCE (PP) and PRICE, with PP BEING SIGNIFICANTLY 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

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.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications 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 will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

(6) WOSB concern eligible under the WOSB Program.