Combined_Synopsis_-_Electronic_Storage_Contractors.1.29.2019.docx

This is a combined Synopsis / Solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested and a written solicitation will not be issued.

The solicitation number is N6470919R0018; this solicitation is a request for quotation (RFQ).

The North American Industry Classification System (NAICS) code is 561110. Product Service Code is R702.

Total Small Business Set-Aside Strategic Weapons Facility, Atlantic (SWFLANT), Naval Submarine Base Kings Bay has a requirement for two (2) Electronic Storage Clerks. The potential contract will have a Base Year plus 1 Option Year.

PERFORMANCE WORK STATEMENT

1.0 Background

Strategic Weapons Facility, Atlantic (SWFLANT), at Naval Submarine Base, Kings Bay, Georgia (SUBASE), requires Administrative support for the SWFLANT Financial Management Division and the Procurement Division. SWFLANT requires two (2) administrative positions to provide the required support as detailed below. The potential contract will have a base year plus 1 option year.

2.0 Specific Tasks – Administrative Support Clerk

2.1 The Contractor shall provide two (2) employees

· Help setup/implement SWFLANTs financial and procurement electronic storage system.

· Review, Organize, and scan identified financial records.

· Assist Financial and Procurement Division with documentation of electronic filing process

· Assist Financial division with documentation of financial processes external to the electronic storage system.

· Help with the review and disposition of records as they are electronically stored

· Assist with Miscellenous financial tasks as required, such as filing,

3.0 Contract Personnel Minimum Requirements

· Must have a minimum of two years of successful professional experience in one or more of the following areas: Financial Management, administrative office tasks, Contracting and procurement. Experience may be in the civilian sector, but Federal government experience in this area is preferred.

· A working knowledge/understanding of the DON systems, programs, policies, nomenclature, work methods, instructions, or other established guidelines.

· Analytical ability to define or recognize the dimension, scope of work involved, to compile data from multiple sources, to establish the facts, and to take or recommend action based upon application or interpretation of established guidelines.

· Must be able to communicate orally and in writing, utilizing a high degree of tact and diplomacy, and possess strong interpersonal skills to effectively discuss matters with government employees, contractors, and military personnel of all levels.

· Must be able to work independently and professionally after given general guidelines of a task.

· Must have computer experience using Microsoft Office Applications, including Excel, Word, Project, Power Point and substantial working knowledge of SharePoint.

· Must complete assignments accurately and in a timely manner on or ahead of scheduled due dates.

· Must possess and maintain a SECRET security clearance

3.3 Physical Demands:

· Normal office environment demands.

3.4 Work Environment:

· Work is in an office setting

3.5 Contractor Vehicle:

· Not required

3.6 Wage Determination Series:

General Clerk III – 01113 listed in accordance with the Service Contract Act. (SCA)

3.7 Work Week:

· The effort under this contract will be performed in collaboration and in support of Government employees with regular working hours of Monday through Friday, 08:00-17:00 Eastern Time. A listing of the official Federal holidays is available at http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays. Support may be required during non-business hours.

3.8 Safety:

· N/A.

3.9 Invoices:

· Vendor will submit invoices monthly using WAWF. Vendor will be paid based on the amount of hours the employee worked. The total price for the year shall not exceed the amount of the contract.

4.0 Substitution Contractor Personnel:

4.1 No contractor personnel substitutions shall be made during performance of this contract unless these substitutions are necessitated by an individual's sudden illness, death, or termination of employment. In any of these events, the contractor shall promptly notify the Contracting Officer’s Representative (COR) and the local assigned branch POC in order to coordinate the appropriate substitution as required by Section 4.2.

4.2 The contractor shall not make a substitution for any of such persons unless (1) the substitute has the qualifications stated in Section 3.0 (Contractor Personnel Minimum Requirements), and (2) the Contractor notifies the COR and the local assigned branch POC of any proposed substitution at least 7 calendar days in advance of the substitution. The Government will make the selection of replacement position for vacancies from the list of qualified personnel provided by the Contractor. Such notification shall include: (i) an explanation of the need for the substitution, (ii) a complete resume of the proposed substitute(s), and (iii) any other information requested by the COR for use in determining the substitute's qualifications. The COR will evaluate such requests and notify the Contractor of his/her approval or disapproval of submitted candidates.

4.3 The contractor shall coordinate contractor personnel absences from the duty station with the COR and the local assigned branch POC that the contractor personnel supports by providing notice as soon as practicable.

5.0 Security:

5.1 The Contractor shall adhere to SWFLANT’s employee check-in and checkout procedures. The Contractor shall complete all mandatory DoD/Navy/SSP training by the established deadlines.

5.2 Vendor must have a facility clearance – SECRET. All contractor personnel shall currently possess and maintain a SECRET Clearance. Clearance is to be granted by the Defense Security Service.

5.3 Additional security requirements are indentified in Exhibit A.

5.4 All contractor personnel shall be United States citizens.

5.5 The contractor shall comply with SECNAV 5239 series and SWFLANTINST 5239 series when operating government computer workstations or systems, and with DoD M-5200.01, Vol 1-4, Information Security Program, and SECNAV M-5510.36, Information Security Program, when processing classified information on government computer workstations or systems. Compliance with this directive is mandatory during the execution of efforts within this Performance Work Statement.

6.0 Contract Type

This is a Firm-Fixed-Price (FFP) contract.

7. Period of Performance

This requirement includes one (1) one-year base period and one (1) one-year option period to be determined at award.

8. Place of Performance

All contractor personnel shall be located at Strategic Weapons Facility, Atlantic, at Naval Submarine Base, Kings Bay, Georgia. Telework will not be authorized.

FAR 52.212-1 ADDENDUM: Instructions to Offerors – Commercial Items

SWFLANT requests a Firm-Fixed-Price (FFP) proposal/quote by 11 February 2019 at 1200PM (EST) to provide the services/supplies described in this notice. The Government may consider late quotes. Contractors responding to this request must furnish a quote as described below.

The proposal must demonstrate an understanding of and ability to meet all of the requirements set forth in the Performance Work Statement (PWS) referenced herein. Throughout the proposal, the Offeror shall provide sufficient detail to substantiate the validity of all statements. The Offeror shall demonstrate that the Proposal complies with the requirements, terms, and conditions of the solicitation. General statements that the Offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or paraphrasing the solicitation’s requirements in whole or in part, will NOT constitute compliance. Failure to conform to any of the requirements of the solicitation may form the basis for rejection of the Proposal.

Brochures are not desired; clarity, completeness, and conciseness are essential and the overall quality of the proposal will be evaluated in the context of being representative of the Offeror’s services. An Offeror’s proposal is presumed to represent the best efforts to respond to the solicitation.

Since only the proposal submitted in response to this solicitation will be evaluated, Offerors should make certain that their Proposal is complete with regard to the information provided. Data previously submitted, or presumed to be known, e.g., previous projects performed for the Government, will not be considered in the evaluation unless that information is physically contained in the Proposal.

Offerors are advised that the Government may selectively verify any information provided in the proposal. Offerors are cautioned that they are responsible to ensure that material that they desire to have evaluated for a particular section is contained in that specific section.

SUBMITTAL INSTRUCTIONS:

Proposals may be only e-mailed directly to spk12contracts@swflant.navy.mil, the sole designated e-mail address and inbox for receipt of e-mail submissions. No other electronic means of submission, used in whole or in combination with e-mail, is permitted.

E-mail proposals shall be in either Adobe or Microsoft Office format. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an e-mail proposal must be received in its entirety in the designated E-mail inbox by the due date and time for proposal submission. An e-mail proposal that resides on a Government server, but has not appeared in the designated e-mail inbox by the due date and time for proposal submission will be considered late unless the exception at FAR 52.212-1(f) (2) (i) (A) applies. The exception at FAR 52.212-1(f) (2) (i) (B) shall not apply to e-mail proposals. Unless offeror proposes a shorter period, by submission of an offer, the offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The foregoing does not preclude an offeror from withdrawing its offer prior to award.

Proposals shall be presented in two (2) separate volumes:

· Volume I (Personnel Resumes and Past Performance)

· Volume II (Price and Solicitation Documents)

Volume I shall not contain any pricing data. The pages are to be typed; no less than 1 1/2 line spacing, and no smaller than 12 size type. Resumes and past performance data may be single-spaced. Volume I shall not exceed ten (10) pages. Individual resumes shall not exceed two (2) pages per resume. All Offeror documentation, such as foldouts, charts, figures, tables, is included in the ten (10) page limit. Resumes are not included in the ten (10) page limit. All material in excess of the page limits will be neither read nor evaluated.

VOLUME 1: Technical Documents

Factor 1: Personnel Resumes

Offerors shall propose personnel with the necessary experience, qualification, and certifications identified under Section 3.0 of the PWS that possess and maintain a Secret security clearance and that speak fluent English. Offerors shall submit detailed resumes for all proposed personnel to substantiate and demonstrate that these candidates possess the ability to successfully execute the stated requirements in the PWS. Offerors shall provide signed letters of intent for all personnel proposed not currently employed by the Offeror. A letter of intent is signed by the prospective employee stating their intent to accept employment in a stated position with the Offeror if the Offeror is awarded a contract.

Factor 2: Past Performance

The Offeror shall identify three (3) references for the prime Offeror. The references shall represent recent contracts (within the past five years) the Offeror considers most relevant in demonstrating the Offeror’s ability to perform the proposed effort.

For each cited past performance reference, the Offeror shall complete the Present and Past Performance Data Sheet (Attachment 1). This includes a detailed response to blocks 4 and 7 of Attachment (1) detailing the relevance and performance under the cited Past Performance references. Offerors are responsible for justifying the relevancy of their submitted past performance references and shall specifically cite which requirements of this solicitation the past performance references are relevant to in their Attachment 6 submittals.

In addition to the information provided in Attachment (1), the Offeror shall ensure that each reference identified in Attachment (1) completes a Present and Past Performance Questionnaire (PPPQ) (Attachment (2)). If a company was a subcontractor to a prime on a contract, then the responsible government oversight manager may complete a PPPQ instead of the prime. A PPPQ shall be submitted directly to the Government from the reference; PPPQs received from the Offeror shall not be considered. The responsibility to send out and track the completion of the PPPQs rests solely with the Offeror. Completed PPPQs shall be emailed in Adobe (.pdf) format to the spk12contracts@swflant.navy.mil.

Past Performance submissions will be used to determine the potential risk of non-performance, defective performance, and/or late performance by evaluating each Offeror’s reported quality of work and relevant experience with the services being solicited.

Failure to submit any past performance information shall be considered certification (by signature on the proposal) that the Offeror has no past performance for like or similar items for the Government to evaluate.

VOLUME II: PRICE and SOLICITATION DOCUMENTS

Factor 3: Price

Provide a FFP quote for all required supplies and/or services including the two option years. Any costs related to credit card fees, delivery costs, and handling costs, as applicable, shall be included. The pricing submitted shall cover all aspects of the proposed effort, including option prices. Data contained in the pricing submitted shall be consistent with data contained in Volume 1. The pricing data shall support the level of resources (products and services) required to complete the requirements of this solicitation.

Solicitation Documents

Proposal Cover Letter: The following information shall be provided on the Proposal cover letter:

Authorized Offeror Personnel: Provide the name, title, telephone number, facsimile number, and e-mail address of the individual who can contractually obligate your company. Also, identify those individuals authorized to negotiate with the Government and who can answer questions regarding your proposal.

Company/Division Street Address: Provide company/division’s name, street address, county and facility code, size of business (small), and labor surplus area designation.

Exceptions to the RFP (if applicable): Offerors are to detail clearly any exceptions taken and the rationale for the exceptions taken to the RFP in this section. Please note that exceptions taken to the RFP may render the Offeror’s Proposal unacceptable to the Government.

EXCEPTIONS TO THE RFQ

Identify any exceptions taken with the RFQ content and the rationale for the exceptions to the RFQ, to include any terms or conditions applicable to payment by Government Commercial Purchase Card (GCPC), if GCPC is identified as the method of payment in the RFQ.

NOTE: Exceptions to the RFQ may render the quote noncompliant and ineligible for award.

QUESTIONS

Questions regarding this solicitation shall be submitted in writing via e-mail to: spk12contracts@swflant.navy.mil. The deadline for questions is noon EST on 28 January 2019.

FAR 52.212-2 ADDENDUM: Evaluation– Commercial Items

(a) Basis for Award. This requirement qualifies under the Commercial Item Test Program (subpart 13.5) and as such, quotes will be evaluated in accordance with Part 13 Simplified Acquisition Procedures. The Government will award a single contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, represents the best overall value to the Government. Each offeror will be evaluated on its understanding of the requirements and its ability to perform the requirements listed in the PWS. Award will be made contingent upon the Bilateral signature of the parties. The Government reserves the right to award on an all or none basis.

The following factors will be evaluated and used as the basis for award:

The Government will use a comparative evaluation offers and select the Offeror whose aggregate proposal reflects the Best Value for the Government. Factors 1 and 2 are weighed equally and when combined are significantly more important than price. Therefore, the Government may award to a higher priced Offeror whose non-price factors reflect a superior level of technical expertise, experienced and highly qualified personnel, and positive past performance evaluations. The importance of price in the evaluation for award will increase as the degree of equality of non-price factors increases.

Factor 1 – Personnel Resumes

The Government will evaluate each Offeror’s proposal to determine the extent the Offeror has proposed personnel with the necessary experience, qualification, and certifications identified under Section 3.0 of the PWS. Personnel resumes that indicate an increased potential for successful execution of the stated requirements in the PWS will be evaluated more favorably. The Government will give significant weight to the Offeror’s proposed personnel’s quality and longevity of experience in the evaluation of proposals.

Factor 2 – Past Performance

The Government will use Past Performance submissions, including Attachment and any PPPQs, to evaluate the ability of the Offeror to perform the proposed effort. Past Performance submissions will be used to determine the potential risk of non-performance, defective performance, and/or late performance by evaluating each Offeror’s reported quality of work and relevant experience with the services being solicited. In evaluating past performance, the Government may contact some or all of the references provided by the Offeror and may contact other sources of information, including but not limited to: Federal, state, and local government agencies, and published media and electronic databases (i.e. Department of the Navy’s Contractor Performance Assessment Reporting System (CPARS) and the Department of Defense’s Past Performance Information Retrieval System (PPIRS), other customers known to the Government, consumer protection organizations, and others who may have useful and relevant information. The Government may evaluate past performance of the Offeror’s proposed subcontractors, predecessor companies, or key personnel who have relevant experience to the extent warranted.

Past performance information evaluated by the Government for the Offeror’s performance as a prime Contractor and/or subcontractor, subcontractors, and the performance of their key personnel may include (but not be limited to) the following areas: relevancy, quality, cost control, schedule, business relationships, management of personnel, and customer satisfaction. Relevancy is determined based on the similarity of scope, magnitude, and complexity of the past performance submitted to the requirements requested. More recent and more relevant performance will have a greater positive impact on the past performance evaluation than a less recent or less relevant effort. Relevant performance at the subcontractor level will have a greater impact on the past performance evaluation than no record of relevant performance. Any Offeror with no record of relevant past performance will be given a “neutral” rating for past performance.

Factor 3 – Price

Inconsistencies between the data contained in the price proposal and the data contained in Volume 1 may result in a lower overall evaluation of the total Proposal. Data submitted may be evaluated for price reasonableness. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced compared to estimates. Evaluation of options shall not obligate the Government to exercise the option(s).

The proposed prices will be reviewed to determine whether they are materially unbalanced. An unbalanced offer will be determined to be unreasonably high or low and will not receive an award.

Discussions

The Government reserves the right to hold or not to hold discussions.

Award Notification

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.

CLAUSES INCORPORATED BY REFERENCE

52.222-41

52.222-42

52.222-43

Service Contract Labor Standards Statement of Equivalent Rates for Federal Hires Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts).

May 2014

May 2014

May 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (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 --

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

"Women-owned small business concern" means a small business concern--

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

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

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

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(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 electronically on the SAM website.

(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 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), 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 ORCA.]

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

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

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

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

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

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

Note to paragraphs (c)(8) and (9): 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.

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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 (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…