RFQ 75H703.20R.0000.4 Technical Writer (BH).pdf

Solicitation No. 75H703.20R.0000.4

INSTRUCTIONS TO OFFERORS

Solicitation No.

Department of Health & Human Services Indian Health Service California Area Office

Technical Writer (Behavioral Health)

Instructions to Offerors

1. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are requested and a written solicitation will not be issued.

2. Business Information. All contract administration matters will be handled by the following point of contact

Name

Physical Address

Email Address

Telephone Number

Tax Identification No.

Dun & Bradstreet Number

3. Solicitation Number.

This requirement is being issued as a:

(X) Request for Quotation ( ) Request for Proposal ( ) Invitation for Bid

4. The Government intends to open the lowest priced offer first. If the lowest priced offer is technically acceptable, no other offeror will be evaluated.

However, if the lowest priced offeror is not deemed technically acceptable, then the next lowest offeror will be evaluated by the technical team until one is deemed technically acceptable. If this occurs then a debriefing will be given to the non-technically acceptable offeror.

5. Beta.Sam.gov. Federal Acquisition Regulations (FAR) require all Contractors conducting business with the Government be registered in the online database:

Sam.Beta.gov. Information relating to this website can be found at https://beta.sam.gov/. Please note that Indian Health Service does not run, nor does it have any knowledge related to registration issues that may come up.

This database is run by General Services Agency. Your questions can be directed to https://fsd.gov/fsd-gov/home.do

6. Request for Quotation, SF18. Offeror must submit pricing and complete applicable blocks.

(a) Documents. Resume Curriculum Vitae, or other up-to-date documentation indicating experience and status of capabilities.

(b) Questions. All questions in this requirement shall be submitted to

Rachel.Rosas@IHS.Gov no later than 2 days before due date for receipt of proposals.

(c) Submitting Proposals. Responses are due on or before March 29, 2020 by

1:00 p.m. PST. Quotes will be accepted submitted electronically via email to Rachel.Rosas@IHS.gov or by mail to 650 Capitol Mall, Suite 7-100, Sacramento, California 95814.

(d) Extension. Quotes/Offers shall include a statement with their proposal that their pricing is valid for 60-days after due date for receipt of proposals.

(e) Offers are cautioned the proposals submitted with restrictive legends or statements differing in substance from the above legend may not be considered for award. The Government reserves the right to reject any proposal submitted with a non-conforming legend.

7. Set-Aside Opportunities. This requirement is 100 % set-aside for small business entities.

North American Industry Classification Code

(a) NAICs 711510 Size Standard $8M

8. Wage Determination. The wage determination for this requirement is:

Service Contract Act WD #2015-5631. The wage determination can be viewed at: https://beta.sam.gov/wage-determination/2015- 5631/10?index=wd&keywords=service%20contract%20writer&is_active=true&sort=-relevance&date_filter_index=0&date_rad_selection=date&wdType=sca&state=CA&county=16343&page=1

9. FAR 52.212-1 Instructions to Offerors-Commercial, applies to this acquisition and a statement regarding any addenda to the provision.

10. All questions in this requirement shall be submitted to Rachel.Rosas@IHS.Gov no later than 2 days before due date for receipt of proposals.

11. Applicable.

FAR 52.212-2 Evaluation-Commercial Item FAR 52.212-3 Offeror Representations and Certifications-Commercial Items FAR 52.212-4 Contract Terms and Conditions-Commercial Items

Department of Health & Human Services Indian Health Service, California Area Office

Price Proposal

1. The Government intends to issue a commercial Purchase Order for a Technical

Writer (Behavioral Health) for research and workbooks related to residential and post residential care of impacted Native American youth.

2. IAW FAR 15.408, Table 15-2.1(d) your proposal should include supporting break outs for each cost element, consistent with your accounting system. A summary of the total proposed cost(s) should be submitted with you proposal.

3. Breakouts should include Direct, Indirect, Overhead costs as well as hourly rates for labor and equipment.

(end)

DESCRIPTION OF REQUIREMENT(S)

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Behavioral Health Technical Writer

YRTC Aftercare Pilot Project

1. GENERAL INFORMATION.

This performance-based Statement of Work defines the requirements for a behavioral health technical writer to develop manuals/workbooks for the California Area Office, Youth Regional Treatment Center (YRTC), Aftercare Pilot Project for the California Area Indian Health Service (CAIHS). The focus is on four key areas: (1) Families of youth in treatment; (2) Services for youth while still in residence; (3) Post care after discharge from in-patient treatment, and (4) Outpatient Behavioral Health Programs. The consultant shall have demonstrable knowledge and experience working within the Native American Tribal and urban Indian healthcare program operations, behavioral health, and technical writing skills. The result is the development of tools that can be utilized to enhance care already being provided to at-risk youth.

2. BACKGROUND.

Desert Sage Youth Wellness Center provides co-ed inpatient treatment to Native American and Alaska Native youth between the ages of twelve (12) and seventeen (17). The co-ed facility specializes in treating those with substance abuse and co-occurring disorders. The Youth Regional Treatment Center (YRTC), is located in south of Hemet, California. The Government has a need for a Technical Writer specializing in behavioral health. The Technical Writer shall have a demonstrated knowledge and experience working with Native Tribes as well as urban Indian healthcare program operations. The Contractor shall work independently under the supervision of CAIHS. The focus of this contract is to provide the Government assistance with the aftercare phase of treatment.

2.1 Aftercare. Aftercare planning begins when the youth is admitted to the YRTC. YRTC staff coordinates with the youth, families/caretakers, schools, and outpatient behavioral health programs to support families while the youth is in treatment, as well as establish a continued care plan when the youth completes residential treatment. When treatment is complete, youth are discharged to their families or to the responsibility of caretakers.

Upon discharge, YRTC staff follows up with outpatient behavioral health programs, the youth, and the families regarding aftercare treatment for up to one year. The CAIHS is currently developing the aftercare phase of treatment. This project involves eight workgroup partners from Indian Health clinics in California. The workgroup meets regularly to discuss processes for youth prior to treatment, while in treatment, and post treatment. Part of the planning involves processes for families and caregivers of the youth, as well as referring partners.

3. PERIOD OF PERFORMANCE.

Contractor is to provide all labor, skills, and materials, necessary to complete all taskings in accordance with the Performance Based Scope of Work as well as the terms and conditions of the contract. This requirement is being solicited and awarded with a base that begins on date of award and ends December 14, 2020.

4. GOVERNMENT FURNISHED EQUIPMENT. None

5. DESCRIPTION OF WORK

5.1 Workgroup Meetings. The contractor will participate in at least two, one-day workgroup meetings, tentatively scheduled for May 21, 2020 and September 1, 2020 in Sacramento, CA. The purpose of these meetings is to collect information and obtain feedback for written manuals. These meetings will provide the writer the opportunity to interface with the entire group simultaneously. Attendance on the part of the Contractor is mandatory. As work, progresses there may be occasion for other meetings. Participation is required but travel to and from is not necessary. Contractor will participate virtually.

The Government will work with the Contractor on schedule.

5.2 Conference Calls. Contractor shall coordinate and arrange conference calls with the larger group as well as the separate breakouts for CAIHS and the Workgroup Pilot Sites.

CAIHS will be included in every call and will provide at a minimum 10-business days advance notice.

5.2.1. CAIHS. The contractor will coordinate and arrange at least one conference call every two weeks with the CAIHS to discuss the project.

5.2.2 Workgroup Pilot Sites. The contractor will also arrange at a minimum of eight conference calls with the Workgroup Pilot Sites to collect additional information and obtain feedback for written manuals.

6. RESEARCH. The contractor shall independently conduct research to supplement information provided by the CAIHS and Work Group Pilot Sites in order to develop five modules, which can be developed into workbook(s) and manuals, to include research on proprietary information and what can be reprinted into manuals. The focus will be on four key areas:

6.1 Families of Youth in Treatment. Information contained herein should focused specifically to the parents and/or caretakers upon completion of residential treatment.

What can be expected while their child is in treatment? Should include information and tools that will assist Native families in building upon their families strengths. As well as activities and tools, that can be used to engage their child upon return to the family home.

6.2 Services for Youth, While Still in Residential Treatment. Information, tools, and activities on co-occurring substance use and mental health disorders for youth while still in residence.

6.3 Post-Care after Discharge from Residential Treatment. Information, tools, and activities for youth and their families upon discharge from the residential program.

6.4 Information and Tools for Outpatient Behavioral Health Providers and YRTC Clinicians. Research, that provides information and resources on how to engage and support the youth and their families during treatment and post treatment.

7. MANUALS. The contractor will develop a minimum of five modules, which can be developed into workbook and manuals for the aftercare program. The manuals will document procedures developed with CAIHS, Workgroup Pilot Sites, and the contractor’s own independent research. The manuals will include pictures, charts/graphs, and worksheet activities and proprietary citations as appropriate. All proprietary information shall be cited per industry standards. All non-proprietary information shall be the property of the Federal Government and shall not be used unless the Contracting Officer provides express written permission.

8. DELIVERABLES/TASKINGS:

8.1 Synopsis. Every two (2) weeks for the life of the Contract, the Contractor shall submit a Synopsis to Ms. Carrie Greene. The synopsis shall contain a detailing the activities from the previous two weeks period broken out by research focus. The synopsis is due by close-of-business every second Friday.

8.2 Modules, Manuals, and Workbooks. The contractor shall develop and submit a minimum of five concise and complete modules which will be adapted into manuals and workbooks.

8.3. The contractor shall provide drafts of each chapter/section of the module/manuals/workbooks every ten (10) business days to the CAIHS and Workgroup Pilot Sites.

8.4 The CAIHS and Workgroup Pilot Sites have ten (10) business days to provide comment(s), questions, and clarification to the Contractor.

8.5 The Contractor has thirty (30) business days to revise the document(s) based on input from the CAIHS and the Workgroup Pilot Sites and 30 days to submit final the final report to the Government.

8.6 Final Report. The contractor will submit a concise and complete final report, due no later than November 16th, 2020. The final report will describe the outcomes, challenges, successes, and next steps/recommendations and resources needed to continue the project after the demonstration period has ended.

8.7 Additional report requirements will be provided by the CAIHS no later than 60 days prior to the report’s due date. The Final Report shall be transmitted to the Government electronically via email to the Government points of contact shown in Paragraph 8 of the Performance Work Statement.

8.8 The final report and all modules, manuals, and workbooks shall be transmitted to the Government electronically via email. Contractor shall provide information in editable Word format to allow for comments as well as in a .pdf version.

8.9 The Final Report shall be transmitted to the Government electronically via email to the Government points of contact shown in Paragraph 8 of the Performance Work Statement.

9. TRAVEL COSTS. Costs for transportation, lodging, meals, and incidental expenses incurred by contractor personnel on official company business are allowable subject to FAR 31.205-46 Travel Costs, General Services Agency, Joint Travel Regulations; and Indian Health Service Manual Part 5-Management Services, Chapter 8 -Travel. Costs for lodging, meals, and incidental expenses may be based on per diem, actual expenses, or a combination thereof, provided the method used results in a reasonable charge. Contractor shall provide copies of all travel receipts with invoice(s) for reimbursement. All requests for reimbursement shall be audited prior to disbursement of payments.

9.1 Governing Regulations

9.1.1 FAR 31.205-46--Travel Costs. (http://www.farmaster.com/farmaster/data/idx/FAR 84/3102050046.htm)

9.1.2 General Services Agency, Joint Travel regulations

(http://www.gsa.gov/portal/content/104790)

9.1.3 Indian Health Service Manual Part 5-Management Services, Chapter 8 -Travel (https://www.ihs.gov/IHM/index.cfm?module=dsp_ihm_pc_p5c8#5-8.13Q)

9.2 Allowable Costs. The Contractor shall only invoice for those expenses actually incurred and shall provide copies of all original travel receipts with invoice(s) for reimbursement. All costs shall be in accordance with GSA published per diem rates at:

http://www.gsa.gov/portal/content/104877. Those costs that exceed the allowable rate shall not be reimbursed. At a minimum, all invoices requesting travel reimbursement shall include receipts for Lodging shall be paid in accordance with GSA Rates (http://www.gsa.gov/portal/content/104877)

9.3 Lodging, shall be paid in accordance with GSA rates

(http://www.gsa.gov/portal/content/104877)

9.4 Common Carrier

9.4.1 Telephone Calls to a Residence;

9.4.2 Registration Fee; and

9.5 Any other expense(s) in excess of $75.00 shall be accompanied by receipt.

10. AUTHORITIES / TECHNICAL DIRECTION.

The Contractor shall take no direction that changes the terms and condition of this contract action, scope, or any change that affects the cost, price, or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contractor before the Contractor shall act upon those changes. The Contractor shall comply with the changes clause of this contract when the Contractor believes direction has been given from persons other than the Government’s Contracting Officer that equate to a change by notifying the Contracting Officer as directed by the clause. Any direction given by any Government employee or any other person, outside their authority, must be reported to the Contracting Officer.

11. GOVERNMENT OF POINTS OF CONTACT. The following are the Government’s main contacts on this requirement. All correspondence, invoices, submissions shall be provided, at a minimum, to the following:

11.1 Technical Point of Contact

Ms. Carrie Greene, Behavioral Health Consultant Technical Point of Contact Indian Health Service, California Area Office 650 Capitol Mall, Suite 7-100 Sacramento, California 95814 916/930-3981, x331 Carrie.Greene@ihs.gov

11.2 CMDR. Justin Peglowski Director, Desert Sage Youth Wellness Center

Technical Point of Contact for Desert Sage Youth Wellness Center, Desert Sage Youth Wellness Center 39990 Faure Road Hemet, CA 92546 951/392-9555

Justin.Peglowski@IHS.gov

11.3 Ms. Marilyn Duran, Contracting Officer

Contractual Point of Contact Indian Health Service, California Area Office 650 Capitol Mall, Suite 7-100 Sacramento, California 95814 916/930-3981, x372 Marilyn.Duran@IHS.gov

12. INVOICE AND PAYMENTS. Contractor shall submit monthly invoices to be paid in arrears. Each request for payment should include receipts and any other items that will demonstrate the cost(s) are reasonable and allowable. Payment shall be paid monthly in arrears.

12.1. Final invoice shall be marked “FINAL PAY”.

1.2 2. One (1) copy of the invoice with the supporting documentation including report(s) and travel expenses as detailed in Paragraph 9, shall be transmitted via email or U.S. mail to:

Ms. Carrie Greene & Ms. Marilyn Duran Indian Health Services Indian Health Services 650 Capitol Mall, Suite 7-100 650 Capitol Mall, Suite 7-100 Sacramento, California 95814 Sacramento, California 95814

13. DATA RIGHTS. The Government has unlimited rights to all documents/materials produced under this contract. All documents and materials produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

End

Exhibit 1 - Performance Requirements Summary

Performance Objective Standard Performance

Threshold Method of Surveillance

PRS #1

Contractor shall attend a minimum of two (2), 1-day meetings at the California Area Office in Sacramento.

The Contractor shall be physically present and ready.

All travel shall be in accordance with the JTR.

100% Method of Surveillance: Will be reviewed and accepted by the Contracting Officer’s Representative.

PRS#3

Contractor shall coordinate and arrange a minimum of one conference call every

The Contractor shall schedule conference calls and actively participate in conversation about the project.

100% Method of Surveillance: Will be reviewed and accepted by the Contracting Officer’s Representative.

PRS #4

Contractor shall coordinate and arrange a minimum of four conference calls with workgroup pilot sites.

The Contractor shall schedule conference calls and actively participate to collect additional information and obtain feedback for written manuals/workbooks. The Contractor is to provide at least 10 business days advance notice to CAIHS before calls.

100% Method of Surveillance: Will be reviewed and accepted by the Contracting Officer’s Representative.

PRS #5

Contractor shall conduct research to ensure accuracy of information in manuals, including information on proprietary information that will be included.

The Contractor is to provide updates about research during bi-weekly conference calls.

100% Method of Surveillance: Will be reviewed and accepted by the Contracting Officer’s Representative.

PRS #6

Contract shall develop a minimum of five manuals/workbooks per section 5d.

The contractor is to provide drafts of each chapter as well as all final versions via e-mail.

100%

Method of Surveillance: Will be reviewed and accepted by the Contracting Officer’s Representative.

PRS #7

The contractor shall provide a Final Report per section 5e.

The contractor is to provide the Final Report via e-mail.

100%

Method of Surveillance: Will be reviewed and accepted by the Contracting Officer’s Representative.

EXHIBIT 2 DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Workbooks Chapter/ section drafts submitted for review within 2 weeks by the CAIHS and workgroup pilot sites

Final versions, to include all input, submitted no later than 30 days before the end of the contract

1 Editable Microsoft Word document

Copies shall be provided to the points of contact designated in Paragraph 8.

Final Report Submitted no later than 30 days before the end of the contract

1 Editable Microsoft Word document

Copies shall be provided to the points of contact designated in Paragraph 8.

SECTION E – INSPECTION AND ACCEPTANCE

(Intentionally left blank)

SECTION F - DELIVERIES OR PERFORMANCE

All taskings shall be delivered to the Government no later than December 14, 2020.

SECTION I – COMMERICAL CLAUSES AND PROVISIONS

Commercial Items and Services (Revised 28Feb20)

Incorporated by Reference

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010)

52.204-7 System for Award Management (Oct 2018)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-14 Service Contract Reporting Requirements (Oct 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.212-1 Instructions to Offerors-Commercial Items (Oct 2018)

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008).

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (Aug 2018)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

FULL TEXT

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 (Oct 2018)

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

(a) Definitions. As used in this provision—

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended. “Sensitive technology”—

“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 veteransor, 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 with13 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 at13 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 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part127), 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.

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 least51 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 in SAM

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

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

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

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

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

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

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

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

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

CFR124.1002.

(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.

(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.

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

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

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

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

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

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the

HUBZone small business concerns participating in the HUBZone joint venture:

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

(d) Representations required to implement provisions of Executive Order11246-

(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

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

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

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

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)

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

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

Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements–Israeli Trade Act.”

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

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

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of 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

[List as necessary]

(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

[List as necessary]

(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

[List as necessary]

(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

[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 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;

(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 of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

(ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture.