19Q0104_SOL.pdf

SEE ADDENDUM

(No Collect Calls)

N0040619Q0104 15-Feb-2019

b. TELEPHONE NUMBER

360-476-7587

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 21 Feb 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N004069. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

FERBIEN O. ENCOMIENDA

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N6275819RCUS772

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC PUGET SOUND

467 W STREET, 2ND FLR

ATTN: FERBIEN ENCOMIENDA

BREMERTON WA 98314

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

360-476-1947FAX:

TEL: 360-476-7587 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$11,000,000

NAICS:

611699

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF63

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 30 - BLOCK 14 CONTINUATION PAGE

NOTICE TO OFFERORS

1. QUESTIONS: All questions regarding this solicitation shall be submitted in writing (e-mail) to:

NAVSUP FLC Puget Sound Regional Contracting Department 467 W Street, Second Floor Bremerton, WA 98314

Purchasing Agent, FERBIEN ENCOMIENDA, Code 231FE E-Mail: FERBIEN.ENCOMIENDA@NAVY.MIL

2. EVALUATIONS: Proposals will be evaluated in accordance with paragraph entitled “Evaluations of Quotations / Offers”. Ensure your proposal is submitted in accordance with paragraph entitled “Evaluations of Quotations / Offers”.

3. SOLICITATION: The entire completed and signed solicitation shall be returned as part of your offer.

Also, be sure to complete all certifications in this solicitation.

4. See attached PWS for service requirement..

Government terms and conditions will be followed.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

FOR

BUSINESS MANAGEMENT COMPETENCY DEVELOPMENT

1.0 SCOPE

The contractor shall provide training, as described in the Performance Work Statement (PWS), to U.S. Naval Ship Repair Facility and Japan Regional Maintenance Center (SRF-JRMC) employees. The contents should assist developing business management competency in sufficient detail in its use by personnel and supervisors in the SRF-JRMC Business Office and departments requiring business management competency. SRF-JRMC is located on Commander Fleet Activities, Yokosuka (CFAY), Japan.

2.0 BACKGROUND

SRF-JRMC is comprised of a diverse workforce which includes United States Civil Service (USCS), Master Labor Contract (MLC) Japanese Nationals, and United States Navy (USN) active duty personnel, and seeking to improve various skills and competencies of their employees. Business management competency is especially important in the Business Office as most of the course content are relevant to employee daily duties. Gaining knowledge of these skills would be beneficial to the employees and execution of the command mission.

3.0 PERFORMANCE REQUIREMENT/TASKING

3.1 Service Type 1: Instructor Based Training

3.1.1 Training - Delivery Method

a. The contractor shall develop and execute training in the competency areas outlined below within a 12 month period starting 11 Mar 2019 and ending by 28 Feb 2020. Each training session will be to a maximum audience of 15-20 students per class as indicated in enclosures (1) through (10). Courses will be held within the first two weeks of each month, depending on the availability of the classrooms. Training should be conducted between the hours of 0800 - 1600, with at least 45 minutes allotted for lunch at the instructor’s discretion but no later than 1230 daily, and should not exceed more than one hour.

b. The contractor shall develop and execute the training with appropriate content breakdown to ensure a basic understanding of each topic mentioned in the enclosures. Upon award of the contract, the contractor shall provide the government a copy of the upcoming curriculums developed for review no later than two business weeks prior to the start of each training session in which the curriculum will be used. The government will have no more than five business days to provide any feedback on the curriculum contents after electronic receipt.

c. Interactive instruction allowing for question and answer periods throughout the course of instruction. Courses will be delivered in English but some additional time should be allotted to account for some portion of the participants having English as a Second Language (ESL).

Internet access will be prohibited so course contents shall be included in a portable disk for downloading purposes.

d. After successful development of curriculum and government review, the contractor shall print and assemble course materials for the participants to augment the course of instructions and to be used by the participants after the completion of the course. Course material should be more extensive than printouts of slide presentations. Due to the training being held on-site in Yokosuka, Japan, the necessary materials shall be shipped to arrive in Yokosuka at least five business days prior to the first day of the training session being provided.

e. Delivery to participants with high school level education and minimal business competency background. Participants will be primarily American but will include a small population of Japanese, all with fundamental English verbal and written competency.

3.1.2 Performance Goals and Course Content

The Contractor shall deliver training content that addresses specific requirements outlined in the enclosures below:

Enclosure (1) Federal Talent Acquisition Enclosure (2) Data Visualization Enclosure (3) Business Writing Enclosure (4) From Tactical to Strategic Thinking Enclosure (5) Data Analysis and Modeling Techniques Enclosure (6) PPBE Workshop: Defense Planning, Programming, Budgeting, and Execution Enclosure (7) Project Management Essentials for Non-Project Managers Enclosure (8) Type of Contracts Enclosure (9) Fundamentals of Overhead and Other Indirect Cost Rates Enclosure (10) Requirements Management for Project Managers

3.1.3 Instructor Skills and Knowledge Required

a. The contractor shall provide one or more instructors who have knowledge and recent experience in the field of each topic in order to provide participants with basic knowledge and understanding required.

b. Experience within DoD for the topic area is preferred but not mandatory.

4.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS)

Task or Deliverable

Performance Standard Acceptable Quality

Level (AQL) Surveillance

Method Performance

Measure

PWS 3.1

Adherence to full requirements of paragraph 3.0 of PWS

100% compliance in meeting PWS

3.1 requirements

Number of the participants who attained certificates upon completion of the training

Feedback from participants if

100% compliance in meeting para

3.1.1

5.0 PERIOD OF PERFORMANCE

a. 11 Mar 2019 - 28 Feb 2020, or the earliest date the contract is awarded. Training will be conducted within the first two weeks of each month, except for Jun and Sept, for which training will not be conducted. The government technical point of contact (TPOC) will coordinate the exact dates with the contractor at least 25 business days prior to the start of each training window (e.g. training dates for May 2019 will be coordinated NLT midnight (EST) 8 Apr 2019) and provide agreed upon dates to the contracting officer.

b. Each topic shall be no more than five consecutive business days and not exceed 40 training hours. Each topic will be delivered once over the period of the contract, with the exception of the “Defense Planning, Programming, Budgeting, and Execution (PPBE) course, which will have two offerings spread by at least three months. The government estimate of topic duration is included in enclosures (1) through (10).

c. The first topic will be “Federal Talent Acquisition” in Mar 2019, follow-on topic of sequence to be identified as part of the contractor’s proposal. Contractors shall use enclosure (11) to propose the most efficient use of travel Other Direct Costs (ODCs), instructor availability, and topic alignment, as part of proposed submission.

6.0 REQUIRED AWARD DATE

18 Feb 2019. Adequate preparation time of at least 3-4 weeks is necessary for coordinating prior to the training delivery date.

8.0 INDEPENDENT GOVERNMENT ESTIMATE (IGE)

SRF-JRMC analysis indicates an expected cost reduction of bundled/grouping of classes to some extent. Additional students above 15 students listed in the market research are a result of this expected efficiency.

9.0 PLACE OF PERFORMANCE

Training/Conference Room within CFAY.

10.0 WORK/TRAINING HOURS

Training shall be performed between the hours of 0800 - 1600 per day. Two breaks of 10 minutes each and a lunch period of 45-60 minutes is expected in this timeframe. The instructor shall plan the courses accordingly to ensure outcomes described in the PWS are achieved.

11.0 WORK ENVIRONMENT/PHYSICAL DEMANDS/GOVERNMENT FURNISHED

SUPPORT

a. Prohibit use USB, wireless LAN, and mobile router.

b. Standard classroom setting includes a video monitor sufficiently sized to project training slides to class size up to 15-20 students, podium, student seat/table, dry erase board/easel, and paper flip charts upon request. For any class requiring student access to computers, class size is limited to 15 students. In the case if class requiring student computer access, additional coordination will be required prior to arrival of instructor(s).

c. The instructor must have their own Government Common Access Card (CAC) to have internet access if a training topic requires use of the internet.

d. The contractor must have all electronics (PC/digital data/tablets) checked for viruses before bringing on-site to the training.

e. Loaner laptop PCs, screen, and projector for PowerPoint slides, if necessary.

f. SRF-JRMC network software includes Microsoft Office 2013 (Excel, Word, PowerPoint) and Internet Explorer Version 11 for instructors who are CAC card holders.

12.0 SRF-JRMC POINT OF CONTACTS (POC)

Contract POC: Ms. Kaneko, Yasuko Code 1140 Training Division, SRF-JRMC Tel: 046-816-4258 e-mail: Yasuko.Kaneko.ja@srf.navy.mil

Technical POC: Ms. Watanabe, Naomi Code 1202 Business Support Division, SRF-JRMC Tel: 046-816-4269 e-mail: Naomi.Watanabe.ja@srf.navy.navy.mil

Requestor: Ms. Raghianti, Christine Code 1202 Business Support Division, SRF-JRMC Tel: 046-816-2353 e-mail: Christine.Raghianti.ja@srf.navy.mil

Enclosure (1)

Federal Talent Acquisition

Course overview (Course content shall include, but not limited to the contents listed below) Provides an opportunity for professionals to learn and apply strategic and tactical skills in talent acquisition, including recruitment and placement. This course explores not only the processes and procedures of the Federal Government, but also best practices from the commercial sector, including analyzing talent data to make better hiring decisions. Learn how to effectively define the need, source and select candidates, and position new hires for both success and retention while partnering with hiring managers in a fully compliant and efficient manner.

Learning outcomes Explain what a talent acquisition strategy is and its relation to the organization Describe OPM End-to-End Hiring Initiative Plan ways to get from a stated need to a posted vacancy notice Determine the appropriate assessment tools and selection process for a position Suggest best practices for onboarding new employees Consider ways to use a talent pipeline to meet current and future talent needs

Duration Estimate 2 -3 days

Class size 20 students

Enclosure (2)

Data Visualization

Course overview (Course content shall include, but not limited to the contents listed below) Provides a foundation in how to build effective charts and graphs that stand out and communicate data-driven messages to your audience with ease. Learn the basics of visual perception of data, how to select the most important elements from your data, and which chart types best convey those critical insights. In addition to best practices for creating visuals that aid in problem solving, identify how to use visuals in dashboards, reports, and presentations to enable data-driven analysis and decision-making throughout your organization. The course includes a capstone experience which provides the opportunity to practice defining a problem, understanding a data set, and creating effective visuals that allow an organization to make informed, data-driven decision.

Learning outcomes Describe the importance of data visualization for business intelligence and decision-making Identify purposes and uses of data visualization for the organization Analyze effective design practices for data visualization Compare and contrast performance measurement data using data effective data visuals Use data visuals to convey distribution and relationships Construct effective data visuals to solve workplace problems

Duration Estimate 2 days

15 students

Enclosure (3)

Business Writing

Course overview (Course content shall include, but not limited to the contents listed below) Build on knowledge of writing basics, including grammar and mechanics, learn to use pre-writing techniques that give your writing clarity and conciseness while meeting the specific needs of the audience. Identify how to create a specific writing style for various types of business correspondence, and practice these techniques by applying them to writing emails, memos, and business letters. Acquire best practices for editing your work, as well as seeking feedback from others to ensure effectiveness

Learning outcomes Recognize the components of effective business writing Write effective sentences and paragraphs that provide pertinent and organized information to readers Plan and outline documents using appropriate tools and strategies Edit documents for quality and consistency Understand DoD Directives writing requirements

Duration Estimate 2 days

Enclosure (4)

From Tactical to Strategic Thinking

Course overview (Course content shall include, but not limited to the contents listed below) Learn how to align individual and team goals to the mission and vision of the organization, identifying characteristics and practice strategies used by effective strategic thinkers, and using strategic framework to identify opportunities for organizational growth and maintain a customer focus.

Learning outcomes Analyze the uses of tactical and strategical thinking Develop a strategic mindset to achieve long-term personal and professional goals Use a strategic framework to organize thinking and make decisions Capitalize on opportunities to promote continuous organizational and personal growth

Duration Estimate 2-3 days

Enclosure (5)

Data Analysis and Modeling Techniques

Course overview (Course content shall include, but not limited to the contents listed below) Learn how to generate hypotheses, select appropriate analysis techniques, model data, and interpret analysis results to answer the organization’s toughest questions.

Learning outcomes Generate and test null and alternate hypotheses Select the appropriate technique for your analysis situation Evaluate how well an analysis meets organizational goals Use ANOVAs to evaluate differences between data sets Use simulation, sensitivity analysis, and other techniques to solve complex problems Explain relationships in data using regression analysis Use regression and other techniques to forecast probable events

Duration Estimate 4 days

Enclosure (6)

PPBE Workshop

Course overview (Course content shall include, but not limited to the contents listed below) Provides knowledge of the procedures and rules governing the development of budgets within Department of Defense (DoD). This workshop covers the DoD Planning, Programming, Budgeting, Execution (PPBE) System that determines which programs are developed to meet military strategy requirements and how much functioning are received. Overview of U.S. Navy specific guidance in the PPBE process.

Learning outcomes Explain the roles and relationships of the building blocks of the Planning, Programming, Budgeting, and Execution (PPBE) process Participate in the development, justification, and review of the services program and budget submissions Identify purpose and content of key PPBE events and documents, who influences then, and their relative timing in the overall process Outline the congressional action process and explain its influence on PPBE Explain the basic elements of DoD budget execution, including appropriation of life cycle, funding policies, reprogramming, reimbursable, and working capital funds Understand the steps in developing and acquiring a major weapon system and the relationship between budge timetables and the funding requirements for a representative DoD acquisition program

Understand Navy 9-step process supporting the PPBE submissions

Duration Estimate 2-3 days

Enclosure (7)

Project Management Essentials for Non-Project Managers

Course overview (Course content shall include, but not limited to the contents listed below) Introducing project management concepts and sets a baseline for understanding terminology.

Provides techniques to effectively manage and participate in small, low-risk projects, and will learn to apply elemental basics of project management to work and create action plans for on-the-job application.

Learning outcomes Define project management terms Describe fundamental project management concepts Identify project stakeholders Develop a project charter Describe the planning process Organize project work using a work breakdown structure Understand scheduling concepts Describe cost components of a project Create a risk register Describe how to monitor and manage the project status

Duration Estimate 2-3 days

Enclosure (8)

Types of Contracts

Course overview (Course content shall include, but not limited to the contents listed below) Provides an overview of the contract types most frequently used in federal contracting, as well as the basic principles and limitations governing their use. Will gain understanding the conditions for use of various contract types and will be able to select the appropriate type of contract for acquisitions.

Learning outcomes Describe the contract types authorized by the Federal Acquisition Regulation (FAR) Define conditions of their use Select the appropriate type of contract for a particular acquisition

Duration Estimate 3 days

Enclosure (9)

Fundamentals of Overhead and Other Indirect Cost Rates

Course overview (Course content shall include, but not limited to the contents listed below) Provides a solid understanding of how indirect cost rates are established, how they are applied, and how they behave. Will gain ability to analyze indirect costs and perform overhead rate analysis.

Learning outcomes Analyze indirect costs Perform an overhead rate analysis

Duration Estimate 3 days

Enclosure (10)

Requirements Management for Project Managers

Course overview (Course content shall include, but not limited to the contents listed below) Presents requirements management process and shows the significance of requirements management throughout the project life cycle, particularly as requirements change during development. Emphasizes the necessity of identifying all project stakeholders (internal and external) to identify requirements and manage stakeholder involvement throughout the project.

Focuses on how to manage requirements throughout your project, including how to implement a requirements management process, requirements traceability, change control, verification and validation, and the use of progressive elaboration on your project.

Learning outcomes Explain the importance of requirements for project success Use a requirements management process Use a stakeholder-centric approach for requirements management Conduct requirements planning and requirements gathering Manage requirements risks on a project Determine the project requirements baseline in conjunction with stakeholders Use verification and validation (V&V) methods to prepare for a customer review of the requirements Manage the project to meet requirements Create a list of best practices for requirements management and develop an action plan for implementation

Duration Estimate 3 days

N0040619Q0104

FY19 Business Management Competency Development Training Plan Example

Training Course 20-25 students/class (*15 students/class)

Course Duration

Date Student/Class

Federal Talent Acquisition 3 Days 12-14 Mar 2019 20 Data Analysis and Modeling Techniques 4 Days 2-5 Apr 2019 15 Data Visualization 3 Days 8-10 Apr 2019 15 Business Writing 2 Days 6-7 May 2019 20 PPBE Workshop: Defense Planning, Programming, Budgeting, and Execution

3 Days 8-10 May 2019

Project Management Essentials for Non- Project Managers

2 Days 8-9 Jul 2019

Requirements Management for Project Managers

3 Days 10-12 Jul 2019

From Tactical to Strategic Thinking 3 Days 5-7 Aug 2019 15 Fundamentals of Overhead and Other Indirect Cost Rates

3 Days 7-9 Aug 2019

Types of Contracts 3 Days 3-5 Dec 2019 15 PPBE Workshop: Defense Planning, Programming, Budgeting, and Execution

3 Days 7-9 Jan 2020

* Note: Contractor should edit above and propose based on offerors estimated availability of trainers, best use of ODCs, and leveraging of complimentary/pre-requisite training.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Group

BUSINESS MANAGEMENT COMPETENCY TRAINING

FFP

SEE ATTACHED PWS FOR SERVICE REQUIREMENT.

FOB: Destination

MILSTRIP: N6275819RCUS772

PURCHASE REQUEST NUMBER: N6275819RCUS772

PSC CD: U099

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 11-MAR-2019 TO

28-FEB-2020

N/A N/A

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

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 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7003 Notification of Potential Safety Issues 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)

52.212-3 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

[List as necessary]

(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…