N3225318R0012.docx

N3225318R0012

CLIN Number 0001

Apprentice Program Summer 2018 Sections

FFP

General Core Classes six (6) sections each: Math 1 and Drafting FOB: Destination

PURCHASE REQUEST NUMBER: N3225318RC90104

NET AMT

CLIN Number 0002

Apprentice Program Fall 2018 Sections

FFP

General Core Classes six (6) sections each: Math 2 and English

PURCHASE REQUEST NUMBER: N3225318RC90104

NET AMT

PWS

PEARL HARBOR NAVAL SHIPYARD &

INTERMEDIATE MAINTENANCE FACILITY (PHNSY & IMF)

EDUCATIONAL SERVICES

1.0 BACKGROUND: Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility (PHNSY & IMF), a naval industrial facility located on the island of Oahu, Hawaii, maintains, overhauls, and repairs various vessels for the U.S. Navy. Over 5,200 military and civilian personnel work to keep the U.S. Navy “Fit to Fight”. PHNSY & IMF must maintain a highly trained and skilled workforce to provide top quality service for the combat war fighter. One workforce initiative is to provide an Apprentice Program. The Apprentice Program has three distinct components: (1) accredited academic instruction; (2) trade theory instruction; and (3) documented on-the-job learning (OJL) for trade skills acquisition.

1.1 The Apprentice Program is a planned and progressive, career-related, cooperative education employment program that enhances and develops an apprentices’ knowledge, skills and abilities (KSAs). During the apprenticeship, as part of their normal work schedule/assignment, apprentices will:

· Receive on-site classroom instruction provided by an accredited educational institution;

· Receive industrial trade-based instruction from Government personnel; and

· Develop, apply and refine their KSAs through OJL in scheduled work experience through the trades’ established key processes. Upon completion of the required coursework the apprentice shall earn an Associate in Applied Science (AAS) Degree and following two additional years of training and OJL the apprentice will be certified as a journey-level worker by both the Department of Navy and the U.S. Department of Labor.

1.2 The program is conducted in accordance with §29 Code of Federal Regulations, part 29. PHNSY & IMF enrolls a new class of apprentices each year. At any time in the development cycle, there are apprentices in the first year of the program and apprentices in the second year of the program attending academic classes. The numbers of apprentice program participants are provided as Attachment 1.

2.0 OBJECTIVE & SCOPE: PHNSY & IMF requires the services of an accredited educational institution to provide the formalized training and degree program required for the apprentices.

3.0 PERFORMANCE REQUIREMENTS:

3.1 The Contractor Institution shall provide a degree curriculum leading to an AAS Degree in a two-year period for apprentices working in the following trades:

1. Air-Conditioning and Refrigeration Mechanic

2. Electrician

3. Electronic Industrial Controls Mechanic

4. Electronic Measurement Equipment Mechanic

5. Electronics Mechanic

6. Fabric Worker

7. Heavy Mobile Equipment Mechanic

8. Industrial Equipment Mechanic

9. Insulator

10. Machinist

11. Marine Machinery Mechanic

12. Metals Inspector

13. Painter

14. Pipefitter

15. Plastic Fabricator

16. Production Machinery Mechanic

17. Rigger

18. Sheet Metal Mechanic

19. Shipfitter

20. Shipwright

21. Toolroom Mechanic

22. Welder

3.1.1 The Contractor Institution shall provide a curriculum that develops competencies in the following core subjects: English (technical writing, reading comprehension, and verbal skills); Math (algebra, geometry, and trigonometry); Physics and/or Science (fluids, electrical, mechanical, and thermal); and Plan Reading and Drafting; Interpersonal Skills (communication, team skills, conflict management and planning). General studies curriculum should be equivalent to 24 hours of academic credit. Apprentice Academic Schedule provided in Attachment 2.

3.1.2 The Contractor Institution shall grant/assign 26 hours of academic credit for PHNSY & IMF provided training; a combination of Trade Theory, General Experience Training, and OJL. Additionally, 10 hours shall be granted/assigned for PHNSY & IMF provided Cooperative Education. Sample of Trade Theory Hours provided in Attachment 3, sample of Trade Theory Training Plan provided in Attachment 4 and sample of Apprentice Program Academic Requirement provided in Attachment 5.

3.1.3 The Contractor Institution shall accept/transfer all academic credits (see paragraph 3.1.1) and trade theory/ Cooperative Education credits (see paragraph 3.1.2) already earned by current students in the Apprentice Program which were granted by Apprentice Program Contractor Institution, University of Hawaii, doing business as Honolulu Community College.

3.1.4 Contractor Institution’s curriculum shall provide the following learning outcomes:

3.1.4.1 Apprentices will graduate from the program with the knowledge and skills necessary to be able to work effectively with co-workers, supervisors and others.

3.1.4.2 Apprentices will be able to make clear and effective presentations to individuals and groups. They will be able to organize and communicate ideas and information appropriate to the listener and the situation. They will be able to listen to others and provide appropriate feedback.

3.1.4.3 Apprentices will be able to demonstrate visual communication skills through the use of sketches and rough drawings; demonstrate basic Mechanical Drawing skills, and use various types of blueprints (including Welding, Electrical, Sheet Metal, Carpentry, Structural and Plumbing) to perform work-related functions.

3.1.4.4 Apprentices will be able to utilize math skills to correctly analyze and solve work-related problems (measurement, conversions, geometry, volume, and load).

3.1.4.5 Apprentices will be able to apply good quality research and writing skills to conduct research and create reports similar to technical work documents and to perform other shipyard related tasks.

3.1.4.6 Apprentices will be able to apply basic laws of physics (Ohm’s law, Boyle’s law, circuitry, load, and demonstrations as proof of formula) to solve work-related problems.

3.1.4.7 Apprentices will be able to assess their own personal abilities and skills in relation to job duties (evaluate personal performance in relation to job duties, demonstrate willingness to learn, listen to criticism and change behavior) and make appropriate changes as necessary.

3.1.5 The Contractor Institution shall award academic credit toward completion of the AAS Degree for successful PHNSY & IMF trade theory courses provided by Government personnel.

3.1.6 The Contractor Institution shall be an educational institution accredited by an accrediting organization recognized by the U.S. Department of Education. Accreditation shall be maintained throughout the duration of the contract. All instructors provided for this contract shall possess qualifications that satisfy the minimum guidelines for the accrediting organization.

3.1.7 The Contractor Institution shall perform all instructional duties required at the cooperative education work site according to industry standards (demonstrate professional work habits; proper use of tools and equipment; and follow all safety procedures and security requirements).

3.1.8 Class sizes shall be approximately 30 students per class. Additional students may be added to preclude providing a class for a small number of students. All classroom instruction shall be performed at the Pearl Harbor Naval Shipyard Training Facility (Building 2). Enrollment in classes shall be limited to personnel in the PHNSY & IMF Apprentice Program.

3.1.9 The Contractor Institution shall designate a program administrator with authority to direct modifications of curriculum and to address PHNSY & IMF concerns.

3.1.10 For each class provided, the Contractor Institution shall develop and administer a pre-test on the first day of instruction and a post-test on the last of day of instruction to each student to measure learning. A written executive summary detailing the results of academic pre-test and post-test and an assessment of the correlation between individual Grade Point Averages (GPAs) and pre-test and post-test responses shall be provided to the Government within three weeks after the end of each semester.

3.1.11 The Contractor Institution’s academic instructors shall maintain a learning environment that supports academic integrity. Instructors shall maintain adequate question banks and test banks to rotate their quizzes, tests, mid-term and final examinations on a basis that prevents exams from becoming compromised. Instructors shall maintain a presence at all times in the classrooms while proctoring examinations. Instructors shall abide by the Educational Institution’s professional code of ethics.

3.1.12 Student Learning Outcomes (SLOs) for each academic course shall be reviewed and updated on a biennial basis prior to the start of instruction each semester. Course content will include topics relevant to Shipyard work assignments. The Contractor Institution shall route any correspondence to the Contracting Officer’s Representative (COR). The Quality Assurance Program (QAP) shall be submitted with the Contractor Institution’s proposal.

3.1.13 The Contractor Institution shall provide the academic training compressed into a five week period, based on a calendar provided by the government, each semester.

3.2 The Contractor Institution shall provide educational, administrative and student counseling for students employed by the Apprentice Program. Educational and student counseling services shall be provided at PHNSY & IMF. Administrative services shall be performed off-site. Classes shall be conducted during Summer and Fall semesters.

3.2.1 The Contractor Institution shall attend monthly meetings at PHNSY & IMF Building 2, with Government personnel to facilitate seamless and cohesive service and provide status on academic program requirements. The Contractor Institution shall provide a timeline one month prior to the start of each semester, based on their academic calendar indicating dates for student registration, graduation applications, commencement ceremony, end of semester, and final grade submission.

3.2.2 The Contractor Institution shall develop a communication plan for providing academic and timeline information to students who may not have access to computers and email during the work week. The Apprentice Program Administrator (APA) will be included in all communication between the Contractor Institution and the students.

3.2.3 The Contractor Institution shall make available a POC to provide students assistance with enrollment when they are admitted to the program. The CI shall also provide course registration information at least one month prior to the start of the semester to assist students with registration prior to the CI’s established deadline.

3.2.3.1 The Contractor Institution shall provide a list of all registered students on the first day of instruction, each semester. The Contractor Institution shall compare their list of registered students with the class roster provided by the Government and note any discrepancies on the first day of instruction, each semester.

3.2.3.2 The Contractor Institution shall notify PHNSY & IMF students about graduation application procedures and deadlines (in accordance with Contractor Institution’s established schedule) and coordinate the collection and submission of graduation applications.

3.2.3.3 The Contractor Institution shall provide a source for textbooks and school supplies required for the academic courses. The Contractor Institution shall provide registered students with a list of required textbooks one month prior to the start of each semester.

3.2.4 PHNSY & IMF enrolls a new class of apprentices each year. The Contractor Institution shall conduct an enrollment briefing for each new class of apprentices each year on-site or at the Contractor Institution’s facility. The enrollment briefing will cover the Contractor Institution’s academic registration requirements and processes; Co-operative Education course requirements; and location of the student bookstore.

3.2.5 The Contractor Institution shall process a waiver to release information to the Government for each enrolled student. The following reporting is required:

3.2.5.1 GPA every semester, within three weeks after end of semester.

3.2.5.2 Transcripts of courses and grades for all enrolled students in the Apprentice Program, within three weeks after end of semester.

3.2.5.3 Statistical analysis of GPA (percent of students on the honor roll and dean’s list), within three weeks after end of semester.

3.2.5.4 Notification to the Government when a student’s academic performance drops below 75% of the maximum obtainable grade on the grading scale, within one week of effective date of drop in performance.

3.2.5.5 Notification when student is withdrawn from a class due to insufficient attendance or academic performance, within 24 hours.

3.2.5.6 List of students who fulfilled requirements and paid fee for graduation from academic studies, within five days of Contractor Institution’s established graduation application deadline.

3.2.5.7 Invoice establishing billing justification, within 30 days of completion of each semester of instruction.

3.2.6 The Contractor Institution shall provide a course syllabus with SLOs for each academic course, broken down into five one-week increments according to the course syllabus. Each syllabus will include planned class assignments specifically related to Shipyard work that will support achievement of the identified SLOs. Syllabi and SLOs shall be provided to the government one week prior to the start of instruction, each semester. When the Contractor Institution has multiple instructors teaching the same course, the Contractor Institution shall ensure that each of the instructors is adhering to the established SLOs for the course.

3.2.7 The Contractor Institution shall advise the COR whenever the employment status of an instructor could impact the Contractor Institution's performance of the services.

3.2.7.1 The Contractor Institution shall have a call-in procedure for their instructors to report absences from instructional duties and an established procedure for providing substitute instructors.

3.2.8 The Contractor Institution shall advise the COR whenever there is any situation involving academic dishonesty, cheating, inappropriate behavior, impropriety, discrimination or other ethical issues within 24 hours.

3.3 DELIVERY SUMMARY TABLE A

Performance Objectives

Reference

Threshold

3.2.5.4

3.2.2

4.0 QUALITY ASSURANCE: The Contractor Institution shall establish a Quality Assurance Program (QAP) that identifies and results in correction of potential and actual problems related to academic instruction. The Contractor Institution’s QAP shall set forth the staffing and procedures for self-inspecting the quality, timeliness, responsiveness, customer satisfaction, and other performance requirements in the PWS. The Contractor Institution shall develop and implement a performance management system with processes to assess and report its performance to the COR. The Contractor Institution shall be responsible for making required changes in processes and practices to ensure performance is managed effectively.

4.1 Each semester, during the first week of instruction, the Contractor Institution shall observe each academic instructor during each initial academic session, to ensure effectiveness of instructional method and compliance with the Shipyard’s Training Code of Conduct. Each semester, during the second week of instruction, a Department Head from each academic discipline shall observe each academic instructor during classes, to provide technical evaluation of course content and ensure effectiveness of instructional method. The Contractor Institution shall provide a one-page executive summary five days after observations are conducted by Department Heads addressing the quality of academic instruction (instructional method) and an evaluation of course content.

5.0 GOVERNMENT PROVIDED FACILITY: Meeting rooms with open seating appropriate for classroom instruction; white boards and markers; audiovisual equipment; and cabinet space to store instructional material. The Government will not provide computer hardware or software. Non-consumable and consumable supplies shall not be furnished.

6.0 CONTRACTOR INSTITUTION QUALIFICATIONS:

6.1 The Contractor Institution shall provide academic instructors who possess qualifications that satisfy the minimum guidelines for the educational institution.

6.1.1 Notice and substitution of personnel: in the event a Contractor Institution employee resigns or is unable to work, the Contractor Institution shall notify the Government within one working day of learning a Contractor Institution employee is resigning or unable to work.

6.2 Contractor Institution personnel shall have a valid Driver’s license and a vehicle pass when driving on base. Contractor Institution personnel may utilize public transportation to access Joint Base Pearl Harbor Hickam but the Government will not provide transportation to or from bus stops on or off base. The Government will approve and submit the base access request to Joint Base Pearl Harbor Hickam Security.

6.3 U.S. Citizenship is required for facility access. Prior to the start of performance, the Contractor Institution shall submit a formal letter to the COR requesting facility access to include the following information: full name of all personnel working on this contract; Social Security number; date of birth, place of birth, and citizenship. The Contractor Institution shall state that information has been verified and shall have supporting records on file, if required for examination. The Security Requirement information is provided in Attachment 6.

6.4 Contractor Institution personnel shall not be permitted to access the Controlled Industrial Area (CIA).

6.5 Data phones, phones with a camera feature, and cameras of any type are not allowed within PHNSY & IMF, including the Training Facility.

6.6 Work on this contract requires that the Contractor Institution and its personnel have access to Privacy information. Contractor Institution personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code section 552a and applicable PHNSY & IMF rules and regulations. Services that do not require access to classified data, however, may require access to information which is to be handled as “For Official Use Only”, and may be covered by the Privacy Act. The Contractor Institution shall ensure that personnel assigned to this contract understand the meaning of these categories and handle such information accordingly.

6.7 This contract does not require a security clearance level and clearance granted by the Defense Security Service (DSS). However Contractor Institution personnel shall recognize that PHNSY & IMF deals with sensitive information and other proprietary information, which are valuable, special, and unique assets. Contractor Institution personnel shall not divulge, disclose, or communicate in any manner, any sensitive or proprietary information to any third party without prior written consent of the PHNSY&IMF Privacy Act Program Manager. Contractor Institution personnel shall protect such information and treat it as strictly confidential and will abide by the security requirements of SECNAVINST 5510.36A. A violation of this paragraph shall be a material violation of this agreement. Should the Contractor Institution receive or suspect they have learned of sensitive or classified information, the Contractor Institution shall identify and report suspicions to the COR.

6.7.1 POINT OF CONTACT

Privacy Act Program Manager: Theresa Dunnington, Code 107; Email: theresa.dunnington@navy.mil; Telephone: 808-473-8000 Ext 2707.

Contracting Officer’s Representative (COR): Beverly A. Higa, Code 900T, Apprentice Program Administrator; Email: beverly.higa@navy.mil; Telephone: 808-473-8000 Ext 6269.

6.8 Contractor Institution employees shall clearly identify themselves as a Contractor Institution employee (i.e., company badge); badges are required to be worn vertically on the outer clothing in the chest area above the waist line and in plain view at all times while in Shipyard spaces. The picture side of the badge will be facing outward and visible to others. An exception is granted when safety or health reasons prevent such placement.

6.9 The Contractor Institution performing services shall be required to comply with all PHNSY & IMF rules, regulations, and training that is applicable to conduct, safety, security, and procedures governing site entry and exit. Contractor Institution personnel will not be permitted in sensitive areas.

7.0 REFERENCES: TABLE B

8.0 NORMAL WORK HOURS: Educational services shall be provided during the normal working hours of 0630 to 1500 hours, daily Monday through Friday, excluding Federal Holidays.

9.0 PLACE OF PERFORMANCE: Pearl Harbor, HI 96860, PHNSY & IMF Training Facility, Building 2.

10.0 PERIOD OF PERFORMANCE:

Base Year: 01 June 2018 through 31 December 2018

11.0 NON PERSONAL SERVICE STATEMENT:

Contractor Institution employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the Contractor Institution. Contractor Institution management will ensure that employees properly comply with the performance work standards outlined in the performance work statement. Contractor Institution employees will perform their duties independent of, and without the supervision of, any Government official or other Defense Contractor Institution. The tasks, duties, and responsibilities set forth in the task order may not be interpreted or implemented in any manner that results in any Contractor Institution employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

12.0 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 PHNSY & IMF via a secure data collection site. Contracted services excluded from reporting are based on Product Services Codes (PSCs). The Excluded PSCs are:

(1) W, Lease of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY;

(5) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.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.

13.0 ATTACHMENTS:

Attachment 1 Apprentice Program Participants Attachment 2 Apprentice Program Academic Calendar for 2018 Attachment 3 Trade Theory, General Training and OJL Hours Attachment 4 Sample of Trade Theory Courses Attachment 5 Sample of Apprentice Program Academic Requirements Attachment 6 Security Requirements

WAGE RATE DETERMINATION

WD 15-5689 (Rev.-6) was first posted on www.wdol.gov on 1/16/2018

REGISTER OF WAGE DETERMINATIONS UNDER

THE SERVICE CONTRACT ACT

By direction of the Secretary of Labor Daniel W. Simms, Director Division of Wage Determinations Wage Determination No.: 2015-5689 Revision No.: 6 Date of Revision: 1/10/2018 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: America Samoa, Hawaii, Wage Determination posted on www.dol.gov/whd/govcontracts

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

27-JUL-2018

TASHA K CHERAMIE

667 SAFEGUARD ST., STE. 100

JBPHH HI 96860-5033

808-473-8000

N32253

30-NOV-2018

N32253

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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:

(i) technical capability of the item offered to meet the Government requirement;

a. Accredited Educational Institution

b. See PWS section 6.0 for Qualification Requirements

(ii) Price

Award will be made to the offeror with the Lowest Price Technically Acceptable Offer.

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

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

(End of provision)

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

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ Black American.

___ Hispanic American.

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

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

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

[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…