Combined Synopsis - Executive Coaching updated 3.13.2020.docx

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Executive Coaching and Leadership Development Federal contract opportunity
Solicitation number
N6470920Q0013
Issued by
Department of the Navy Strategic Systems Programs

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N6470920Q0013 EXECUTIVE COACHING - ANSWERS TO QUESTIONS.docx DOCX document
Combined Synopsis - Executive Coaching updated 3.5.2020.docx DOCX document
Attachment 2 -Wage Determination 2015-4015.pdf PDF
Combined Synopsis - Executive Coaching.docx DOCX document
Attachment 1 -Past Performance Data Sheet.docx DOCX document
Attachment 3 - DD Form 1423-1.pdf PDF

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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/Quotes are being requested and a written solicitation will not be issued.

Total Small Business Set-Aside

The solicitation number is N6470920Q0013; this solicitation is a request for quotation (RFQ).

The North American Industry Classification System (NAICS) code is 611430. Product Service Code is U009.

Strategic Weapons Facility, Atlantic (SWFLANT), Naval Submarine Base Kings Bay has a requirement for Executive Coaching and Leadership Development Support Services to its workforce. The potential contract will have a base year plus 2 option years.

List of Attachments:

Attachment (1) Past Performance Data Sheet;

Attachment (2) Wage Determination 2015-4515;

Attachment (3) DD Form 1423-1 Contract Data Requirements List

PERFORMANCE WORK STATEMENT

1. Background

Based on SWFLANT’s mission, goals, objectives, requirements, and the Strategic Systems Program Human Capital Operating Plan FY2019-2023, SWFLANT is providing its workforce access to executive coaching to help achieve the Director’s and Commanding Officer’s priorities as well as provide credible and affordable strategic solutions to the warfighter.

2. Scope of Work

Strategic Weapons Facility, Atlantic (SWFLANT) requires a firm fixed price contract to provide a range of executive coaching and leadership development support services to its workforce. This effort includes expert level coaching to facilitate executive level leadership development and provide comprehensive analysis and individual level feedback to support further employee development and career progression goals. The services provided through this requirement will provide leadership and employee development aligned with SWFLANT’s and SSP’s mission to maximize staff potential, develop high potential employees and retains high performers. This scope support three (3) personnel in base year, two (2) personnel in each option year.

3. Period of Performance

The period of performance is for one(1) base year plus two(2) option years.

4. Objectives

At a minimum, this SOW supports the following objectives:

4.1 Executive Coaching

4.1.a Phase 1

· Establish an approach to appropriately match individual participants with coaches who will best facilitate identification of individual goals and development focus areas.

· Develop a strategy to assist individuals in setting goals aligned with the mission of the organization and prioritizing focus areas for individual development at the executive level.

· Develop a process to facilitate feedback, planning meetings, and post-engagement feedback for participants.

4.1.b. Phase 2

· Offer three to five coaching sessions to each participant (or number of sessions identified within the participant’s development strategy). Coaching sessions must have a duration of one hour and be offered in person, via phone, virtually or combination of multiple methods based on the individual participant’s needs. Sessions may require coaches to travel to participant’s location.

· Provide individual analysis of feedback captured in 360-degree assessments previously completed by the participant, which will be provided to the coach prior to the initial coaching session. The 360-degree analysis shall be utilized to assist the participant in developing a strategy to apply resulting feedback and analysis to further career/professional development. The strategy shall include recommended resources, i.e: readings materials and on-line learning resources to enhance leadership capabilities.

4.2 Leadership Off-Site Coaching

· Develop a strategy to organize and facilitate executive coaching for leadership, senior officials and managers to explore strategic issues in depth at an off-site location.

· Offer two (2) off-site leadership coaching sessions. Each session must last a day or six to eight hours.

· Coordinate all pre-work in preparation for off-site. This includes interviewing and surveying senior leadership to identify strategic issues affecting the organization, preparing agenda, and coordinating dates for event.

· Design and develop materials for executive sessions based on results from interviews, surveys, or issues identified by Senior Leadership.

· Identify and provide, at a minimum, two executive coaches to facilitate executive sessions.

· Develop and deliver post-session report to the organization’s Commanding Officer, Chief Engineer (SPK20) and Business Manager (SPK10) to debrief on outcomes of event.

5. Constraints

This section lists laws, rules, regulations, standards, technology limitations and other constraints that the service and/or service provider must adhere to or work under.

5.1 The Contractor shall deliver a Plan of Action and Milestones (POA&M) (CDRL A001) consisting of a timeline for providing coaching services to selected participants under the scope of this order.

5.2 The Contractor shall provide Contractor Status Reports (CDRL A002) to support briefings (e.g. provide information, prepare documents such as point papers or slide shows, attend briefings) to senior SPK management.

5.3 The Contractor shall provide a Data Input File (CDRL A005) of data collected for participants in a format readable by the SPK computer network.

5.4 The Contractor may be required to travel during the performance of this order. All travel shall be conducted In Accordance With (IAW) the Joint Federal Travel Regulation (JFTR). All travel shall be authorized by the Point Of Contact prior to commencing travel. Trip Reports (CDRL A003) shall be provided subsequent to travel in support of this effort. Contractor may be required to make a make at least two visits to each of the locations identified in the Place of Performance (Item 7).

5.5 SWFLANT shall specify and provide location to conduct Leadership Off-Site Coaching.

5.6 The Contractor shall protect Personally Identifiable Information (PII) Information about an individual that identifies, links, relates, or is unique to, or describes him or her (e.g., a social security number; age; military rank; civilian grade; marital status; race; salary; home or office phone numbers; other demographic, biometric, personnel, medical, and financial information, etc.). Such information also is known as personally identifiable information (e.g., information which can be used to distinguish or trace an individual's identity, such as his or her name; social security number; date and place of birth; mother's maiden name; and biometric records, including any other personal information which is linked or linkable to a specified individual).

Appropriate administrative, technical, and physical safeguards shall be established to ensure that PII on IT resources is protected from unauthorized access, alteration, or disclosure and that its confidentiality is preserved.

Laptops, or other mobile computing devices and removable storage media, that process or store a compilation of electronic records containing PII on twenty five or more individuals on a single device are restricted to DoD owned, leased, or occupied workplaces. Laptops, external hard drives, Removable Media (RM), and other electronic devices containing PII must be encrypted and properly protected against loss or theft. Notify local PAC or designee when removing PII from SWFLANT SORs, SWFLANT IT resources, other Government or authorized contractor workspaces, mobile computing devices, etc.

RM containing PII must be properly labeled with Standard Form SF710 (UNCLASSIFIED) and include the abbreviated warning notice: "FOUO - PRIVACY SENSITIVE." If the size of the media prevents the use of the SF710 unclassified label, the abbreviated warning is sufficient.

RM must be degaussed or physically destroyed when the PII is no longer needed to ensure the device and/or residual data is not recoverable.

PII stored on SWFLANT IT resources shall be protected via access controls, e.g., Common Access Card (CAC). (Note: The local Management Information Service (MIS) Help Desk is available to assist with setting permissions. After server maintenance is performed, care should be exercised by the Help Desk to ensure that the access controls have been properly reset and are working correctly.)

E-mail containing PII must be digitally signed and encrypted per reference (n). Secure facsimile and first class mail is also authorized for transmission of PII. The data should be e-mailed only to the recipients with an official need to- know. The subject line shall include "FOUO - Privacy Sensitive" and the body shall be marked:

"FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE: ANY MISUSE OR UNAUTHORIZED DISCLOSURE MAY RESULT IN BOTH CIVIL AND CRIMINAL PENALTIES.”

When using first class mail, ensure contents are double-wrapped and inner container is properly marked. If data cannot be encrypted, access must be file password protected and appropriate warnings must be added to the data to discourage misuse or unauthorized disclosure of information.

For Official Use Only (FOUO) Information: FOUO: Electric Transmission of SSP Controlled Unclassified Information (CUI) will be protected and handled under SSPINST 5230.11.

6. Template Contract Data Requirements List (CDRL) – Not Separately Priced (NSP)

Contractor shall provide the data set forth on DD Form 1423-1, Contract Data Requirements List (CDRL), identified as Attachment 4 of this solicitation. All CDRLs shall be submitted in an electronic format. The costs of the data shall be charged to the Item(s) with which the data is associated.

· A001Plan of Action and Milestones
· A002Contractor Status Report
· A003Trip Report
· A004Funds Status Report
· A005Data Input File

7. Place of Performance

The place of performance shall be mostly at the Contractor’s site, but there will be work at SWFLANT in Kings Bay, Ga.

8. Designation of Point of Contact

The Contracting Officer has designated the person named below as the authorized POC for this contract.

NAME: Donald Smith, Training Administrator ADDRESS: 1150 USS Los Angeles Rd.

Kings Bay, Ga. 31547-2634

PHONE: 912-573-4083

EMAIL: Donald.smith@swflant.navy.mil

The POC will be designated by the Contracting Officer(CO) upon award and will represent the Contracting Officer in the administration of technical details within the scope of this contract and will perform inspection and acceptance of all deliverables. The POC is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The POC does not have the authority to alter the Contractor’s obligations or change the scope of the contract. If, as a result of technical discussions, it is desirable to revise the contract, a modification must be issued in writing and signed by the CO. The POC is responsible for reviewing the invoices submitted by the Contractor and informing the CO of areas where exceptions are to be taken. The POC authority is non-delegable. The POC may be personally liable for unauthorized acts.

9. Authorized Changes only by the Contracting Officer

The CO is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, said authority remains solely with the CO. In the event the Contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase price incurred as a result thereof. The address and telephone number of the CO is:

NAME: Yvette Tullock ADDRESS: 1150 USS Los Angeles Rd. Kings Bay, Ga. 31547-2634

TELEPHONE: 912-573-6989

EMAIL: Yvette.tullock@swflant.navy.mil

10. Organizational Conflict of Interest (OCI):

10.1 For purposes of this contract, "organizational conflict of interest” means the definition of that term in FAR Subpart 9.5.

10.2 The Contractor warrants that, to the best of its knowledge and belief, and except as otherwise set forth in this contract, it does not have any organizational conflict of interest. If the Contractor discovers an actual or potential organizational conflict of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the CO. Such disclosure shall include a description of the action that the Contractor has taken or proposes to take to avoid, eliminate, or neutralize the conflict.

10.3 The Contractor shall ensure that these OCI requirements are incorporated into all subcontracts, at all tiers, and all other agreements, which relate to the performance of this contract.

10.4 The Contractor shall not submit a bid or respond to any solicitation released by SWFLANT without prior coordination and written approval by the CO to ensure no OCI is present and to determine if a mitigation strategy is required.

11. Additional Information

11.1 Contractor Manpower Reporting Language – The Contractor shall report Contractor labor hours (including subcontractor labor hours) required for performance of services under this contract for the SPK via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental 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.

11.2 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.

11.3 Contractor Identification - Contractor personnel shall (a) identify themselves as Contractor personnel by introducing themselves or being introduced as Contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel, and (b) identify themselves as Contractor personnel in telephone conversations and in formal and informal written correspondence with Government personnel.

11.4 Invoices:

· Vendor will submit invoices using WAWF.

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

SWFLANT requests a Firm-Fixed-Price (FFP) by 18 March 2020 at 12:00 PM (EST) to provide the services/supplies described in this notice. The Government may consider late proposals/quotes. Contractors responding to this request must furnish a proposal/quote as described below.

The 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/Quote 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 .

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

Since only the submitted in response to this solicitation will be evaluated, Offerors should make certain that their Proposal/Quote 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/quote.

Offerors are advised that the Government may selectively verify any information provided in the proposal/quote. 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/Quotes 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/Quotes 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/quote must be received in its entirety in the designated E-mail inbox by the due date and time for proposal/quote submission. An e-mail proposal/quote that resides on a Government server, but has not appeared in the designated e-mail inbox by the due date and time for proposal/quote 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/Quotes. 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/Quotes shall be presented in two (2) separate volumes:

· Volume I (Experience Coaching 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. All Offeror documentation, such as foldouts, charts, figures, tables, is 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: Executive Coaching Experience

Offerors shall provide executive coaching experience with a minimum of ten (10) years experience.

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.

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.

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/quote) 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 proposal/quote for all required supplies and/or services including the option year. 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.

If travel is required in support of this requirement, the contractor shall include a detailed Basis of Estimate (BOE) that is priced in accordance with the Joint Federal Travel Regulations (JFTR). Each component of the proposed travel expense shall clearly identify the date(s), location(s), duration(s), quantity of personnel, and cost for the proposed travel.

Solicitation Documents

Proposal Cover Letter: The following information shall be provided on the Proposal/Quote 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/quote.

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

QUESTIONS

Questions regarding this solicitation shall be submitted in writing via e-mail to: spk12contracts@swflant.navy.mil. The deadline for questions is 12:00 PM (EST) on 11 March 2020.

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

52.204-7
System for Award Management
OCT 2018
52.204-13
System for Award Management Maintenance
OCT 2018
52.204-16
Commercial and Government Entity Code Reporting
JUL 2016
52.204-17
Ownership or Control of Offeror
JUL 2016
52.204-18
Commercial and Government Entity Code Maintenance
JUL 2016
52.204-20
Predecessor of Offeror
JUL 2016
52.204-21
Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
52.212-1
Instructions to Offerors--Commercial Items
OCT 2018
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
52.225-25
Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.203-7005
Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7008
Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.225-7001
Buy American And Balance Of Payments Program-- Basic
DEC 2017
252.225-7048
Export-Controlled Items
JUN 2013
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010
Levies on Contract Payments
DEC 2006
252.244-7000
Subcontracts for Commercial Items
JUN 2013
252.247-7023
Transportation of Supplies by Sea
FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision-- “Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ Black American.

___ Hispanic American.

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

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

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

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO.
COUNTRY OF ORIGIN
___
___
___
___
___
___

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

LINE ITEM NO.
COUNTRY OF ORIGIN
___
___
___
___
___
___

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

LINE ITEM NO.
COUNTRY OF ORIGIN
___
___
___
___
___
___

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.:
Country of Origin:
___
___
___
___
___
___

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No.:
Country of Origin:
___
___
___
___
___
___

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

Line Item No.:
Country of Origin:
___
___
___
___
___
___

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

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

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified…

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