Sol_140D0420R0038.pdf

Synopsis/Solicitation April 7, 2020

To: All Prospective Contractors

From: U.S. Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD)

For: Indian Health Service (IHS)

Subject: AQD Solicitation # 140D0420R0038

This is a combined synopsis/solicitation for commercial items via the open market as an Indian Small Business Economic Enterprise (ISBEE) set-aside utilizing the authority of the Buy Indian Act and executed in accordance with FAR Subpart 12.6, as supplemented with additional information included in this notice.

A. Action Code: Combined Synopsis/Solicitation B. Date: April 7, 2020 C. Year: 2020 D. Contracting Office ZIP Code: 20170 E. Classification Code: J070 – Maintenance and Repair of Automatic Data Processing

Equipment, Software, Supplies and Support Equipment F. Contracting Office Address: 381 Elden St, MS 4000, Herndon, VA G. Subject: Resource and Patient Management Service (RPMS) - Information Technology

Support H. Proposed Solicitation Number: 140D0420R0038 I. Closing Response Date: April 22, 2020 J. Contact Point or Contracting Officer: CS: Ariana Nijaradze; CO: Deonna Reyes K. Contract Award and Solicitation Number: TBD L. Contract Award Dollar Amount: TBD M. Contract Line Item Number: TBD N. Contract Award Date: Approximately May 2020 O. Contractor: TBD P. Description: See the following –

Department of the Interior Resource and Patient Management System Support Solicitation 140D0420R0038 Solicitation Terms and Conditions

Contents

1. General

2. Contract Performance

2.1. Term of the Contract

2.2. Legal Holidays

2.3. Notice to the Government of Delays

3. Points of Contact

4. Offer Due Date/Local Time

5. Delivery for FOB Destination

5.1. Packaging and Marking

6. Contract Administration

6.1. Authorities

6.1.1. Contracting Officer

6.1.2. Contracting Officer’s Representative (COR)

6.1.3. Contractor Responsibilities

6.2. Correspondence

7. Invoices

7.1.Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) (APR 2013) .. 11

7.2. Additional Invoicing Instructions

7.3. Method of Payment

8. Contract Line Item Numbers

9. Services

10. Price

11. Other Direct Costs (ODCs)

12. Provisions and Clauses

12.1. Solicitation Provisions

12.1.1. FAR Provisions

12.1.2. Department of the Interior Acquisition Regulation (DIAR) Provisions

12.1.3. Local Provisions

12.2. Clauses

12.2.1. FAR Clauses

12.2.2. DIAR Clauses

12.2.3. HHSAR Clauses……………………………………………………………………………………………………………….57

12.2.4. Local Clauses

12.3. Special Contract Requirements

12.3.1. Advertising of Award

12.3.2. Key Personnel

12.3.3. Substitution of Key Personnel

12.3.4. Contractor Interfaces

12.3.5. Standard of Conduct at Government Installations

12.3.6. Warranty Against Dual Compensation

12.3.7. Section 508 Applicable Standards

12.3.8. Indemnity

13. Attachments

Solicitation 140D0420R0038 Solicitation Terms and Conditions

1. General This requirement is being issued by the Department of the Interior (DOI)/Interior Business Center (IBC), Acquisition Services Directorate (AQD) on behalf of the Indian Health Service (IHS). This contract will provide expert services and support to innovate, maintain, configure and troubleshoot hardware, operating system software and ancillary devices in support of Health Information Technology System (HITS) suite of applications, as specified in Attachment 1, Performance Work Statement (PWS).

(i) This is a combined synopsis/solicitation for commercial items via the open market as an Indian Small Business Economic Enterprise (ISBEE) set-aside utilizing the authority of the Buy Indian Act and executed in accordance with FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This competitive Request for Proposal (RFP) number 140D0420R0038 is issued in accordance with FAR Part 12 (“Acquisition of Commercial Items”) and FAR Part 15 (“Contracting by Negotiation”).

(iii) Solicitation documents and incorporated provisions and clauses are those in effect through FAC 2020-05, dated 02/27/2020, per FAR 12.603(c)(2)(iii). The solicitation will result in the award of one Firm-Fixed-Price (FFP) type contract.

(iv) The following North American Industry Classification Code (NAICS Code) applicable to this procurement is 541512 Computer Systems Design Services with a size standard of $27.5M.

(v) This contract is for information technology (IT) services inclusive of IT management, cloud support, Tier 3 end-user support, infrastructure compute services, application services, network services as well as security/compliance services.

(vi) Place of performance is defined in the PWS.

(vii) The provision at FAR 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition and is included by reference. Addendum to FAR 52.212-1 can be found at Attachment 2, Instructions to Offerors.

(viii) The provision FAR 52.212-2 Evaluation – Commercial Items, applies to this acquisition and is included by reference.. Addendum to FAR 52.212-2, Evaluation procedures and criteria can be found in Attachment 3.

(ix) Offerors shall include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications – commercial Items, with its offer.

(x) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition. Additional contract terms and conditions can be found in Sections 2 – 12 of this document.

(xi) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition. Additional contract terms and conditions can be found in Sections 2 – 12 of this document.

(xii) Offers are due in accordance with the schedule identified in Section 4 of this document.

(xiii) The name and contact information for the Contract Specialist and Contracting Officer can be found in Section 3 of this document.

If interested in this acquisition, please participate in accordance with the instructions contained herein.

Offerors will not be reimbursed for any costs incurred in developing their submission in response to this Request for Proposal (RFP).

2. Contract Performance

2.1. Term of the Contract

The period of performance includes a 12-month base period and four 12-month option years; total of five years. Option years will be exercised at the sole discretion of the government. Exercise of an option period will be contingent upon continued need for the services. The total potential period of performance will not exceed five years and six months in length if all options are exercised and the contract term is extended in accordance with clause 52.217-8 Option to Extend Services.

Contractor personnel must be ready to start work with all necessary government clearances and required knowledge and experience at award. A transition-in period will take place for approximately two weeks with full performance to start immediately after as detailed in the PWS.

Table 1 – Contract Period of Performance

Option Contract Start Date Contract End Date Base Year 05/15/2020 05/14/2021 Option Year 1 05/15/2021 05/14/2022 Option Year 2 05/15/2022 05/14/2023 Option Year 3 05/15/2023 05/14/2024 Option Year 4 05/15/2024 05/14/2025 Optional 6-month Extension 05/15/2025 11/14/2025

Services will be performed at the contractor’s location with the capability of on-site support at the IHS Data Center indicated below.

• OIT Albuquerque Data Center (ADC): 1011 Indian School Rd NW, Albuquerque, NM 87104.

2.2. Legal Holidays

All federal holidays are observed. The only exception would be the support for critical systems or services outages.

The following government holidays are normally observed by government personnel: New Year’s Day, Martin Luther King’s Birthday, Presidential Inauguration Day (metropolitan DC area only), President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any other day designated by Federal Statute, Executive Order, and/or Presidential Proclamation. Or, any other kind of administrative leave such as acts of God (i.e., hurricanes, snow storms, tornadoes, etc.), Presidential funerals or any other unexpected government closures. When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.

2.3. Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or any 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 (CO) and the Contracting Officer’s Representative (COR), in writing, giving pertinent details, provided that 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 of any rights or remedies provided by law or under this contract.

If the Contractor fails to respond in a timely manner to any portion of this contract, delay will be attributed to the Contractor. Although the period of performance may change due to the delay, the price may not be subject to an adjustment.

If the government delays performance of this contract, the period of performance and/or price may be revised upon mutual agreement between the government and the Contractor.

In the event the Contractor anticipates difficulty in complying with any contract-level delivery schedule, the Contractor shall immediately provide written notice to the CO and COR. Each notification shall give pertinent details, including the date by which the Contractor expects to make delivery or begin/complete service; provided this data shall be informational only in character and that receipt thereof shall not be construed as a waiver by the government of any contract delivery schedule, or any rights or remedies provided by law or under this contract.

3. Points of Contact The government points of contact for all activities prior to contract award are listed below.

Deonna Reyes Contracting Officer Acquisition Services Directorate Interior Business Center/Department of the Interior 381 Elden St.

Herndon, VA 20170 Phone: 703-964-4803 Email: Deonna_Reyes@ibc.doi.gov

Ariana Nijaradze Contract Specialist Acquisition Services Directorate Interior Business Center/Department of the Interior

Resource and Patient Management System Support Solicitation 140D0420R0038 Solicitation Terms and Conditions

381 Elden St.

Herndon, VA 20170 Phone: 703-964-8833 Email: Ariana_Nijaradze@ibc.doi.gov

4. Offer Due Date/Local Time All questions shall be submitted to Deonna_Reyes@ibc.doi.gov and Ariana_Nijaradze @ibc.doi.gov no later than April 9, 2020 at 5PM EST. Questions must be submitted via email; otherwise they will not be accepted. All email inquiries shall have “Questions – RFP #140D0420R0038” included in the subject line.

Questions and the government’s response to all questions will be posted on beta.sam.gov, Contract Opportunities, as an amendment to the solicitation no later than April 13, 2020 at 5PM EST.

Proposals shall be submitted to Deonna_Reyes@ibc.doi.gov and Ariana_Nijaradze@ibc.doi.gov no later than April 22, 2020 at 5PM EST. Any proposals received after this date and time will not be accepted.

5. Delivery for FOB Destination

5.1. Packaging and Marking

Unless otherwise directed by the CO, all deliverables under this contract shall be made by electronic mail (e-mail).

6. Contract Administration

6.1. Authorities

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, administration of the contract will require maximum coordination between the government and the Contractor. The following information identifies the individuals responsible for this coordination.

6.1.1 Contracting Officer

The Contracting Officer (CO) is the only person authorized to approve changes to, or modify, any of the requirements under the contract. In the event the Contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority, and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Requests for information on matters related to this contract, such as explanation of terms and contract interpretation, shall be submitted to the CO via email. The CO for the contract is the only official authorized to terminate the contract for cause, to issue notices of termination for cause, or to issue cure notices and show cause notices.

The CO is responsible for overall management and administration and the final close out of the contract, and when necessary, shall:

• Provide scope oversight

• Serve as liaison between the Contractor and the government

• Ensure compliance with contractual requirements

• Issue the contracting officer’s final decision and handle all contractual disputes under the

Contract Disputes Act

• Issue all contract modifications against the contract

The CO, through a letter of delegation, will appoint the Contracting Officer’s Representative (COR) for this contract. A copy of the letter of delegation with specific duties and responsibilities will be provided to the Contractor.

6.1.2 Contracting Officer’s Representative

The CO will designate the COR for the contract responsible for the day-to-day coordination. The COR will represent the CO in the administration of technical details within the scope of the contract. The COR is also responsible for the final inspection and acceptance of all deliverables and reports, and such other responsibilities as may be specified in the order. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the CO or the government. The COR does not have authority to alter the Contractor’s obligations or to change the contract or order specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify the contract obligations or the specifications, changes will be issued in writing and signed by the CO.

6.1.3 Contractor Responsibilities

The contractor is responsible for notifying the CO of any potential issues or concerns – technical, scope or financial, concerning this contract. Specific responsibilities are listed below.

6.1.3.1 Supervision of Contractor’s Employees

The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts used in performance of this effort. The Contractor's management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained herein.

Resumes submitted for employees assigned to perform under this contract shall contain documented experience directly applicable to the functions to be performed. Further, these prior work experiences shall be specific and of sufficient variety and duration that the employee is able to effectively and efficiently perform the functions assigned.

If the Contractor finds clarification necessary with respect to the scope of services to be performed or the manner in which the services are to be performed hereunder, he shall request in writing such clarification from the CO.

Contractor personnel shall not at any time during the contract period be employees of the U.S.

government.

The contractor's employees and subcontractors must make clear, in dealings with the public, federal employees, or other contractors that they are not federal employees.

6.1.3.2 Contractor’s Representatives

The Contractor shall identify below a Contract Manager and Program Manager who shall have the authority to make contract and technical decisions respectively regarding this contract. If the Contractor chooses to identify additional managerial positions or align duties of managers as described below with company structure and resources, that is permissible, but the contractor must ensure the responsibilities described below are covered. These individuals will act for the Contractor for the duration of this contract or until the CO has been notified by the Contractor in writing of their replacement.

Contract Manager The Contract Manager to be contacted for all contract administration matters:

Name: ___________________________

Address: ___________________________

Phone No.: ___________________________

Fax No.: ___________________________

Email: ___________________________

The Contract Manager shall be responsible for all contract administration issues and shall act as the central point of contact with the government for all such issues. The Contract Manager shall have full authority to act for the contractor in all contractual matters.

Program Manager The Program Manager to be contacted for all service related issues:

Name: ___________________________

Address: ___________________________

Phone No.: ___________________________

Fax No.: ___________________________

E-mail: ___________________________

The contractor shall appoint a Program Manager who will be the contractor’s authorized representative for technical and administrative performance of all products and services required hereunder. The Program Manager shall provide the single point of contact through which all contractor/government communications, work, and technical direction shall flow. The Program Manager shall receive and execute, on behalf of the contractor, such technical direction as the CO and his/her designated representative may issue within the terms and conditions of the contract. All administrative support of the contractor’s technical personnel, and all interface and interaction with subcontractors, OEMs, and suppliers used by the contractor in performance of this contract, shall be the responsibility of the contractor.

The Program Manager or alternate must be available during normal duty hours, as specified herein and to meet with government personnel within 24 hours notification to discuss problems.

The Program Manager may not be diverted to other projects for without giving prior written notification to the CO or COR. Such notification shall include a justification for the diversion, together with information on the proposed substitute in sufficient detail to permit analysis of any potential negative effects on contract performance. No substitution shall be made without the written consent of the CO;

provided, however, that the CO may grant such consent retroactively. Any such substitution of a permanent nature will be made a part of this contract through the issuance of a modification to the Key Personnel Clause.

When the Program Manager is temporarily unavailable to manage the contract effort for a period longer than 72 hours, including absences due to vacation or illness, the contractor will provide to the CO and COR a written designation of an alternate representative, itemizing any limitations in the alternate's authority. The procedures of the paragraph above do not apply to such temporary designations.

6.2 Correspondence

To promote timely and effective administration, correspondence during contract performance shall be subject to the following procedures:

• Technical correspondence (where technical issues relating to compliance with the requirements herein) shall be addressed to the Contracting Officer’s Representative (COR) with an information copy to the Contracting Officer (CO).

• All other correspondence, including invoices, (that proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of the PWS) shall be addressed to the CO with an information copy to the COR.

7 Invoices

7.1 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) (APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Paper copy of applicable invoice with required supporting documents (e.g. approved Travel Request Form).

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days after the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or telephone at (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

7.2 Additional Invoicing Instructions

Any payment under this contract to provide a service or deliver an article for the United States government may not be more than the value of the service already provided or the article already delivered. The Contractor shall provide an invoice schedule and bill either monthly or quarterly, in arrears, in accordance with 31 U.S.C 3324.

7.3 Method of Payment

The Department of the Interior has adopted the Department of Defense’s Central Contractor Registration database as its database for contractor information. All payments by the government under this contract shall be made by electronic funds transfer (EFT). Therefore, the provisions of FAR 52-232.33, Payment by Electronic Funds Transfer – System for Award Management, apply and are hereby incorporated by reference in Section I of this contract.

mailto:ippgroup@bos.frb.org

8 Contract Line Item Numbers The CLINs are established as follows:

CLIN 0001 Base Year CLIN 1001 Option Year 1 CLIN 2001 Option Year 2 CLIN 3001 Option Year 3 CLIN 4001 Option Year 4

See Attachment 4 CLIN Pricing Template for a detailed breakout.

9 Services The description of services can be found in Attachment 1 PWS.

10 Price The anticipated contract resulting from this RFP will be a FFP type contract.

The government requests discounts off of commercial catalog pricing.

11 Other Direct Costs (ODCs) Travel is permitted under this contract and shall be in accordance with the Federal Travel Regulation (FTR) and FAR 31.205-46 Travel Costs.

12 Provisions and Clauses

12.1 Solicitation Provisions

12.1.1 FAR Provisions

FAR 52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of clause)

Clause Title Date

FAR 52.212-1 Instructions to Offerors – Commercial Items Oct 2016

(End of Provision)

FAR 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02) (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (DEC 2019) -- Alternate 1 (Oct 2014)

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

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

https://www.sam.gov/ https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C

“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;

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(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 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.

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“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 part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

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 (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

(c) Offerors must complete the following representations when the resulting contract 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.

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(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.

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

____ Black American.

____ Hispanic American.

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

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

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

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

(d) Representations required to implement provisions of Executive 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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 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:

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Line Item No. Country of Origin

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(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:

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(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:

[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:

https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446

(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. Country of Origin

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(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 https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446

[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…