RFP 10-08 Consultant Researcher for PCAH's Initiative ArtisitsCorps pdf.pdf

March 12, 2010

Reference: Consultant and Researcher Services for President's Committee on the Arts and the Humanities (PCAH)’s Initiative, ArtistsCorps (AC)

Subject: Request for Proposal Solicitation Number RFP 10-08 Unrestricted

Dear Offeror:

The National Endowment for the Arts (NEA) invites contractors to submit proposals for the services described in the attached statements of work, under the authority of Part 12 of the Federal Acquisition Regulation.

Enclosed you will find a Statement of Work/solicitation that requests proposals for Consultant and Researcher Services for President's Committee on the Arts and the Humanities (PCAH)’s Initiative, ArtistsCorps. Questions concerning this proposal shall be submitted only via email to HARRISL@ARTS.GOV by 12:00 pm (EST) March 16, 2010. Please submit your proposals by March 19, 2010 at 12:00 p.m. (EST). This RFP in no way obligates the U.S. Government to award a contract, nor does it commit the U.S. Government to pay any cost incurred in preparing and submitting your proposal.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation; will be most advantageous to the Government. Price and other factors will be considered. In order to select the winning offeror, NEA will rank offerors from best to worst. In addition to the narrative assessments prepared by the Evaluation Team for each evaluation factor, an adjectival scoring system will be used to rank all technical proposals. However, NEA will not select an offeror for award on the basis of a superior capability without consideration of the amount of its price. In order to select the winning proposal, NEA will rank each offeror by making a series of paired comparisons between them, trading off the marginal differences in capability with the marginal difference in price.

The Government’s estimate is $75,000.00. The actual period of performance will be determined at the time of award; through submission and acceptance of the final report. We anticipate a contract end date of December 31, 2010.

Proposals submitted in response to this RFP will be received by email1. E-Mail Address:

HARRISL@ARTS.GOV. Proposals that are faxed will not be accepted. Proposals must be received by the closing date and time stated above. Please refer any questions concerning this request to Latonca M. Harris at (202) 682-5476 or by email at HARRISL@ARTS.GOV.

Sincerely, Latonca M. Harris Latonca M. Harris Contracting Officer Grants & Contracts Office

1 The National Endowment for the Arts continues to experience lengthy delays in the delivery of First-Class and Priority mail. In addition, contents are subject to an irradiation process that may damage material. Until normal mail service resumes, please use email.

mailto:harrisl@arts.gov

Enclosures:

Section B, Supplies/Service and Prices Section C, Description/Specifications/Statement of Work Section D, Preservation, Packaging and Marking Section E, Inspection and Acceptance Section F, Deliveries or Performance Section G, Contract Administration Data Section H, Special Contract Requirements Section I, Contract Clauses Section J, List of Attachments Section K, Representations, Certifications and Other Statements of Offerors Section L, Instructions, Conditions and Notices to Offerors Section M, Evaluation Factors for Award

SECTION B

SUPPLIES/SERVICES AND PRICES

B.1 General

(a) The contractor shall provide research, meeting planning and facilitation, and three written reports on the concept and requirements for a potential initiative of the PCAH, to be called ArtistsCorps (AC) for the President's Committee on the Arts and the Humanities located in Washington, DC.

(b) All unit prices are firm fixed rates.

B.2 Contract Type

Firm Fixed Price

Period of Performance: Date of Award through December 31, 2010.

ITEM

No.

SUPPLIES OR SERVICES QTY UNIT UNIT PRICE AMOUNT

0001 Consultant and Researcher Services for President's Committee on the Arts and the Humanities (PCAH)’s Initiative, ArtistsCorps (AC)

1 Lot

FIRM FIXED PRICE

GRAND TOTAL

AMOUNT FOR

NTE $

*NEA agrees to release payments to the contractor consistent with the submission of deliverables during the task order period. The contractor may invoice according to the following schedule:

Task Cost Quantity Total Completion and Approval of 3-4 page Concept Brief for use at April 1 discussions, by March 29, 2010

$ 1 Lump Sum

Attendance and Reporting on discussion meeting, in New York City, on April 1, 2010.

$ 1 Lump Sum

Preparation for, attendance at, and reporting on up to three discussion meetings.

$ 1 Lump Sum

Delivery and acceptance of White Paper, approximately 20- 30 pages, by August 31, 2010

$ 1 Lump Sum

Development and management of a process for public comments on White Paper, September 2010.

$ 1 Lump Sum

Coordination and facilitation of high level meeting, by Fall 2010.

$ 1 Lump Sum

Completion and acceptance of Final Report and Recommendations, including next steps and preliminary budget, by late Fall 2010.

$ 1 Lump Sum

TOTAL $

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 GENERAL BACKGROUND

The President’s Committee on the Arts and the Humanities (PCAH) serves each Administration by supporting the arts and humanities objectives of the White House. Created by Executive Order in 1982, the PCAH assists the President of the United States and works directly with the three primary cultural agencies – National Endowment for the Arts (NEA), National Endowment for the Humanities (NEH), Institute of Museum and Library Services (IMLS) – to propose and implement activities of interest to the President’s Committee on behalf of the nation. The First Lady serves as the Honorary Chairman of the committee which is composed of both private and public members. The private members and Chairmen are appointed by the President, selected among private individuals and state and local public officials who have a demonstrated interest in the arts or the humanities and commitment to their support. Its public members include the Chairman of NEA, the Chairman of NEH, the Director of IMLS, the Librarian of Congress, as well as designees of the Smithsonian Institution, the John F. Kennedy Center for the Performing Arts, the National Gallery, and the Departments of Interior, State, and Education.

Among the Administration's arts priorities, and congruent with the initiatives of NEA, is the full employment of a larger number of highly qualified artists in every discipline, both as an employment measure to stimulate the economy generally, and as a strategy for revitalizing central cities, rural areas, communities, schools, and after-school programs. To this end, PCAH will explore the concept and feasibility of an ArtistsCorps (AC), as a potential initiative of PCAH and partners. As initially envisioned, AC would be a federally subsidized workforce program, in partnership with the private sector, that boosts the economy, strengthens communities and promotes service through the employment of qualified artists working in underserved communities and organizations. To assist in the initial stages of research, planning and development, PCAH wishes to hire a contractor with requisite skills and experience to develop this concept.

C.2 SCOPE OF WORK

The purpose of this contract is to provide research, meeting planning and facilitation, and three written reports on the concept and requirements for a potential initiative of the PCAH, to be called ArtistsCorps (AC). The timeframe for this agreement would span initial meetings in March 2010, to the execution of a high level convening, with resulting report and recommendations by no later than December 2010, a period of approximately ten months. For billing and work flow reasons, the scope of work has been divided into two phases; please submit your quotation for each separately.

C.3 CONTRACT REQUIREMENTS

PHASE 1

The contractor shall:

Meet or speak with PCAH Executive Director to outline the project (March 2010);

Deliver a 3-4-page Concept Brief on subject, which includes various models and poses questions for discussion at April 1, meeting, by March 29, 2010;

Attend and report out on discussion meeting, in New York City, April 1, 2010;

Interview by telephone or in person stakeholders and experts in the fields of arts education, public service projects, community arts organizations, and others as needed, including conducting appropriate research on the field;

Help to plan and participate in up to three additional working groups of stakeholders, including PCAH members, interested governmental agencies, potential funders and educational, economic and service organizations. Participation will include assisting PCAH leadership in structuring and facilitating discussion, and generating notes and conclusions from each meeting for circulation;

Attend informational meetings with PCAH leadership and federal and private sector stakeholders, where appropriate;

Research, write and deliver a White Paper of approximately 20-30 pages by late summer 2010.

This paper will outline history of similar projects and viable models, with a synthesis of discussions and conclusions to date and relevant supporting data, and propose a set of tentative recommendations for structure and implementation of AC;

Help develop and manage a process for public comments on AC structure and implementation, if deemed necessary by PCAH leadership.

PHASE 2

The contractor shall:

Help plan, coordinate, and facilitate a high-level conference of principal stakeholders and experts in Washington, DC, or New York City, to be held fall 2010;

Complete Final Report and Recommendations on Artists Corp concept, proposed implementation with outline of next steps, and preliminary budget by late fall 2010.

C.4 QUALIFICATIONS OF CONTRACTOR

The Contractor shall have knowledge of several of the following subjects:

Public policy issues related to, and stakeholders in, arts education, arts educators and accreditation federal rules and regulations;

Public policy issues related to, and stakeholders in, community service projects;

Public policy issues related to, and stakeholders in, urban revitalization, economic stimulation and related data and metrics;

American arts and humanities governmental and non-governmental institutions at national, regional, state, and local levels;

Existing federal, state and private sector mechanisms for funding arts, workforce, education and community service programs.

The contractor should be able to show evidence of timely completion of equivalent experience at a similarly high level to this project's requirements in:

Research and interviewing;

Writing short and long reports, with research, data, information synthesis and policy recommendations;

Planning and facilitating meetings.

In addition, the contractor shall be:

Available to begin work immediately upon signing contract in March, 2010;

Available on April 1, 2010, in New York City;

Willing to travel to PCAH offices in Washington, DC, for consultation on several occasions during the contract period. The contractor’s price shall include the contractor's travel for up to eight trips within the U.S.

SECTION D

PRESERVATION, PACKAGING AND MARKING

Not Applicable.

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.arnet.gov.

(END OF CLAUSE)

E.2 52.246-4 Inspection of Services—Fixed-Price (AUG 1996)

E.3 Inspection and Acceptance

FAR Clause 52.246-4 Inspection of Services – Fixed Price, will govern inspection and acceptance of all services performed by the Contractor. The Contractor is responsible for carrying out its obligations under this contract by controlling the quality of all services rendered and ensuring performance of all contract requirements.

http://www.arnet.gov/

SECTION F

DELIVERIES OR PERFORMANCE

F.1 Timeline for Performing Contract Requirements Delivery Schedule:

Task Due Date Completion and Approval of 3-4 pages Concept Brief for use at April 1 discussions.

March 29, 2010

Attendance and Reporting on discussion meeting, in New York City.

April 1, 2010

Preparation for, attendance at, and reporting on up to three discussion meetings.

TBD

Delivery and acceptance of White Paper, approximately 20-30 pages.

August 31, 2010

Develop and manage a process for public comments on White Paper.

September 2010

Coordination and facilitation of high level meeting. Fall 2010 Completion and acceptance of Final Report and Recommendations, including next steps and preliminary budget.

late Fall 2010

F.2 Term of Contract

The contract term is from the date of award through December 31, 2010 as shown in Section B. All work is expected to be completed by December 31, 2010.

F.3 Notice to the Government of Delays

Required services shall begin at time of award in accordance with the Statement of Work. The Contractor is responsible for carrying out its obligations under this contract by controlling the quality of all services rendered and ensuring performance of all contract requirements. To this end, the Contractor shall establish, maintain, and manage quality control throughout the life of this contract. In the event the Contractor encounters difficulty in meeting performance requirements, or when the contractor anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the NEA Project Director, in writing, giving pertinent details. The contractor shall provide these services within 24 hours of written notification, however, this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.4 Deliverables

The contractor shall provide information regarding the content and format for each deliverable.

Acceptance of all written documents and receipt of the data tabulations will be based upon the NEA Project Director’s review and approval. The Contractor shall provide any additional reports that may be requested by the NEA Project Director.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 NEA Project Director

G.1.1 Upon award, a NEA Project Director will be designated to coordinate the technical aspects of this contract and inspect items/services furnished hereunder; however, he shall not be authorized to change any terms and conditions of the resultant contract, including price.

G.1.2 The NEA Project Director is authorized to certify (but not to reject or deny) invoices for payment in accordance with enclosed payment terms. The authority to reject or deny performance and associated invoice payment is expressly reserved for the Contracting Officer.

G.1.3 The NEA Project Director for this contract is:

To be determined at time of award

National Endowment for the Arts 1100 Pennsylvania Ave., NW, Suite 616

Washington, DC 20506

(202) 682-

G.1.4 The Administrative Contracting Officer for this contract is:

Latonca M. Harris

National Endowment for the Arts 1100 Pennsylvania Ave., NW, Suite 618

Washington, DC 20506

(202) 682-5476

Written communications shall make reference to the award contract number and shall be mailed to the above address.

G.2 Invoice Requirements

G.2.1 Payment for actual work and services rendered under this contract will be made. Payment will be made by the National Endowment for the Arts via Electronic Funds Transfer (EFT) and in accordance with the contract clause 52.212-4 Contract Terms and Conditions--Commercial Items (FEB 2007), and 52.232-34 Payment by Electronic Funds Transfer--Other Than Central Contractor Registration (May 1999), upon submission of commercial invoices to the Endowment Finance Office, Room 624.

G.2.2 The office that will make the payments due under this contract (i.e., the designated payment office) is shown below.

National Endowment for the Arts Finance Office, Suite 624

1100 Pennsylvania Ave., NW Washington, DC 20506

Please note:

The successful contractor is required to be registered in Central Contractor Registration:

http://www.ccr.gov/

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Contract Type

This is a Firm Fixed Price Commercial Item Contract.

H.2 Special Contract Requirements

Private Use of Contract Information and Data

Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished by the Contractor in the performance of this contract, shall be used by the Contractor only in connection with the work under this contract. The contractor must obtain permission through a written request to the Contracting Officer and approval from the NEA’s General Counsel Office prior to releasing any data for use outside of the performance of this NEA contract.

In accordance with FAR 52.227-14(b), the Contractor shall guarantee strict confidentiality of the information/data that is provided by the Government during the performance of the contract. The Government has determined that some of the information/data that the Contractor will be providing during the performance of the contract is of a sensitive nature and cannot be disclosed in any manner.

H.3 Prohibition against Soliciting and Performing Personal Services

A. The performance of personal services under this contract is strictly prohibited.

B. Personal service contracting is described in Section 37.104 of the Federal Acquisition Regulations

(FAR). There are a number of factors, when taken individually or collectively, which may constitute personal services. Each contract arrangement must be judged in light of its own facts and circumstances, but the question relative to personal services is: Will the Government exercise relatively continuous supervision and control over the contractor personnel performing this contract?

C. The government and the Contractor understand and agree that the support services to be delivered under this contract are nonpersonal services in nature that is no employer-employee relationships exist or will exist under the contract between the government and the contractor or between the Government and the contractor’s employees.

D. Contractor personnel under this contract shall not:

1. Be placed in a position where they are appointed or employed by a Federal employee, or are under the supervision, direction, or evaluation of a Federal employee.

2. Be placed in a Federal staff or policy making position.

3. Be placed in a position of supervision, direction, or evaluation over NEA personnel, or personnel of other contractors, or become a part of a government organization.

E. Employee Relationship

1. The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the government.

2. Rules, regulations, direction, and requirements which are issued by NEA management under their responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

3. The Contractor shall immediately advise the Contracting Officer if the contractor or its employees are directed by any Government employee to perform work that the Contractor believes constitutes personal services.

H.3 Facility Access

A. Rights of Egress and Ingress

During the life of this contract, the rights of ingress to and egress from the National Endowment for the Arts facility for the Contractor's representatives shall be made available as required.

During all operations on Government premises, the Contractor's personnel shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The Government reserves the right to require Contractor personnel to "sign-in" upon entry and "sign-out" upon departure from the National Endowment for the Arts facility.

B. Building Access Passes

When any Contractor personnel enter a NEA building for the first time, the Contractor must notify the NEA Project Director in advance and provide the full name and purpose of visit in order to obtain approval for escorted access.

SECTION I

CONTRACT CLAUSES

I.1 52.252-2 Clauses Incorporated By Reference, (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text may be accessed electronically at this Internet address: http://www.arnet.gov.

I.2 52.204-9 Personal Identity Verification of Contractor Personnel. (SEPT 2007)

(a) The Contractor shall comply with agency personal identity verification procedures when applicable that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

(End of clause)

I.3 Subpart FAR 9.502 Contractor Preparing Specifications or Work

(a)(l) If a contractor prepares and furnishes complete specifications covering non-developmental items, to be used in a competitive acquisition, that contractor shall not be allowed to furnish these items, either as a prime contractor or as a subcontractor, for a reasonable period of time including, at least, the duration of the initial production contract. This rule shall not apply to-

(i) Contractors that furnish at Government request specifications or data regarding a product they provide, even though the specifications or data may have been paid for separately or in the price of the product; or

(ii) Situations in which contractors, acting as industry representatives, help Government agencies prepare, refine, or coordinate specifications, regardless of source, provided this assistance is supervised and controlled by Government representatives.

(2) If a single contractor drafts complete specifications for non-developmental equipment, it should be eliminated for a reasonable time from competition for production based on the specifications. This should be done in order to avoid a situation in which the contractor could draft specifications favoring its own products or capabilities. In this way the Government can be assured of getting unbiased advice as to the content of the specifications and can avoid allegations of favoritism in the award of production contracts.

(3) In development work, it is normal to select firms that have done the most advanced work in the field.

These firms can be expected to design and develop around their own prior knowledge. Development contractors can frequently start production earlier and more knowledgeably than firms that did not participate in the development, and this can affect the time and quality of production, both of which are important to the Government. In many instances the Government may have financed the development.

Thus, while the development contractor has a competitive advantage, it is an unavoidable one that is not considered unfair; hence no prohibition should be imposed.

(b)(l) If a contractor prepares, or assists in preparing, a work statement to be used in competitively acquiring a system or services-or provides material leading directly, predictably, and without delay to such a work statement-that contractor may not supply the system, major components of the system, or the services unless-

(i) It is the sole source;

(ii) It has participated in the development and design work; or

(iii) More than one contractor has been involved in preparing the work statement.

(2) Agencies should normally prepare their own work statements. When contractor assistance is necessary, the contractor might often be in a position to favor its own products or capabilities. To overcome the possibility of bias, contractors are prohibited from supplying a system or services acquired on the basis of work statements growing out of their services, unless excepted in paragraph (b)(l) of this section

(3) For the reasons given in 9.505-2(a)(3), no prohibitions are imposed on development and design contractors.

I.4 Subpart FAR 9.505-4, Obtaining Access to Proprietary Information

(a) When a contractor requires proprietary information from others to perform a Government contract and can use the leverage of the contract to obtain it, the contractor may gain an unfair competitive advantage unless restrictions are imposed. These restrictions protect the information and encourage companies to provide it when necessary for contract performance. They are not intended to protect information-

(1) Furnished voluntarily without limitations on its use; or

(2) Available to the Government or contractor from other sources without restriction.

(b) A contractor that gains access to proprietary information of other companies in performing advisory and assistance services for the Government must agree with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished. The contracting officer shall obtain copies of these agreements and ensure that they are properly executed.

(c) Contractors also obtain proprietary and source selection information by acquiring the services of marketing consultants which, if used in connection with an acquisition, may give the contractor an unfair competitive advantage. Contractors should make inquiries of marketing consultants to ensure that the marketing consultant has provided no unfair competitive advantage

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.212-4 Contract Terms and Conditions--Commercial Items. (MAR 2009) 52.227-14 Rights in Data-General. (DEC 2007) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Items. (DEC 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration

(OCT 2003) (31 U.S.C. 3332).

SECTION J

LIST OF ATTACHMENTS

Not Applicable.

SECTION K

52.212-3 Offeror Representations and Certifications—Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (AUG 2009)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision— “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“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.

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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 Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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 http://www.acqnet.gov/far/current/html/Subpart 12_3.html#wp1084399 http://orca.bpn.gov/ http://uscode.house.gov/ http://uscode.house.gov/

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.

“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.

“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 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— http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(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.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA 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 (n) 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 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 o is, o 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 o is, o 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 o is, o 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, for general statistical purposes, that it o is, o 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 o is, o is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

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(6) 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 o is a women-owned business concern.

(7) 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:____________________________________

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program.

[Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it o is, o is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenues

__ 50 or fewer __ $1 million or less

__ 51–100 __ $1,000,001–$2 million

__ 101–250 __ $2,000,001–$3.5 million

__ 251–500 __ $3,500,001–$5 million

__ 501–750 __ $5,000,001–$10 million

__ 751–1,000 __ $10,000,001–$17 million

__ Over 1,000 __ Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price

Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of http://www.acqnet.gov/far/current/html/52_217_221.html#wp1136333 http://www.acqnet.gov/far/current/html/52_217_221.html#wp1136374 each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(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 o is, o 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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It o is, o is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:

__________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

(ii) It o has, o has not filed all required compliance reports.

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

(i) It o has developed and has on file, o 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 o 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 $100,000.) 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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—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 Act— 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 Act—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act—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, 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 Act— 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, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

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

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American Act—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

[List as necessary]

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

(2) Buy American Act—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 Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American Act—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 Act—Free Trade Agreements—Israeli Trade Act”:

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) 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)(4)(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

[List as necessary]

(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 Act.