W911KB20T0011.pdf

W911KB20T0011

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

LEADERSHIP DEVELOPMENT PROGRAM LEVEL 3

FFP

ULDP 3 Training Seminar 1 – One (1) Week approximately during the period of December 2020 - February 2021 on specific dates to be determined by the Government with Contractor input.

The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide onsite instruction for U.S. Army Corps of Engineers Leadership Development Program Level 3 (GS13/14) training seminars as defined in the attached Performance Work Statement. SCA Wage Determination 15-5689 (Rev.

11) is attached and is made a part of this solicitatioin and any resultant contract.

Reference the Quality Assurance Surveillance Plan.

Not later than 30 calendar days after award of the resultant Purchase Order Contract, the Contractor shall submit to the Government a detailed curriculum for Government approval.

Funds are not presently available for this action. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for the resultant purchase order contract award and until contractor receives notice that funds are available. See Contract clause FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984) in this solicitation.

FOB: Destination

PSC CD: U006

NET AMT

0002 1 Job

LEADERSHIP DEVELOPMENT PROGRAM LEVEL 3

FFP

ULDP 3 Training Seminar 2 – One (1) Week approximately during the period April - May 2021 on specific dates to be determined by the Government with Contractor input.

0003 1 Job

LEADERSHIP DEVELOPMENT PROGRAM LEVEL 3

FFP

CONTRACTOR MANPOWER REPORTING

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://www.cmra.army.mil Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year of contract/task order performance. Contractors may direct questions to the help desk at: https://www.cmra.army.mil to review user manuals and gain an understanding about the data fields that will be included in the reporting structure that is hosted at https://www.cmra.army.mil

0004 1 Job

OPTION LEADERSHIP DEVELOPMENT PROGRAM LEVEL 3

FFP

ULDP 3 Training Seminar 3 – One (1) Week approximately during the period December 2021 – February 2022 on specific dates to be determined by the Government with Contractor input.

Contractor: _______________________ Contractor Rating Sheets

Evaluation/Selection Criteria

THE U.S. ARMY CORPS OF ENGINEERS, PACIFIC OCEAN DIVISION (POD)

LEADERSHIP DEVELOPMENT PROGRAM LEVEL 3 TRAINING SEMINARS (Best Value Procurement)

Submitted proposals will be evaluated according to the “best value” criteria listed in this document. Award will be made based on the proposal that is most advantageous to the Government; price and other factors considered. The following factors will be used to evaluate proposals:

Factor 1 - Experience (Equal in importance to Factor 2, and more important than Factors 3 & 4)

Factor 2 - Past Performance (Equal in importance to Factor 1, and more important than Factors 3 & 4)

Factor 3 - Proposed Curriculum (Less important than Factors 1 or 2, but more important than Factor 4)

Factor 4 - Price (Less important than Factors 1, 2, and 3)

Experience, Past Performance, and Proposed Curriculum are significantly more important than Price. The Government intends to use a “best value” tradeoff process during the award process.

1.0 Proposal Evaluation

The agreement(s) will be awarded to the offering firm(s) whose proposal provides the best value to the Government. Each contractor’s proposal will be evaluated by a technical team based on the technical evaluation criteria listed below, as well as the price proposal. All technical evaluation criteria combined are more important than the submitted price proposal. The total proposal page count shall not exceed 15 pages, excluding the price proposal. Minimum font size for proposals is 12 point.

Proposals shall be submitted in two volumes. Volume I contains technical information (including past performance information) and Volume II contains pricing information. Email submissions will be accepted and are encouraged.

1.1 Technical Evaluation Criteria (Proposal):

Experience:

a. Submit at least 3, but no more than 5, examples of relevant experience conducting training similar to that specified in this RFQ. The examples shall be for training completed not more than 6 years prior to the date of this RFQ. The total submission for this factor shall not exceed 10 pages.

b. Evaluation: The Government will rate the recency and relevancy of the submitted experience.

* Rating Factor: Exceptional Above Average Average Marginal Unacceptable

Rationale:

Past Performance:

a, Submit customer evaluations/feedback which explain how well the contractor performed on the training examples provided under the Experience criterion above.

b, Evaluation: The Government will evaluate the contractor’s past performance through an assessment of relevancy and a confidence assessment based on how well the contractor performed previous projects. The Government’s evaluation is not limited to those projects provided by the contractor, but may include information from any other sources available to the Government. The past performance of any proposed subcontractors may also be evaluated.

Rationale:

Proposed curriculum and training methodology:

a, Submit a summary of the proposed curriculum in outline form. This summary will cover the requirements and objectives set forth in the performance work statement (PWS) of this RFP. Explain how the proposed curriculum will meet the Government’s needs. Explain the training methodology, e.g. lecture, workshops, simulations, video, assessment tests. Provide resumes of proposed instructors. The total submission for this factor shall not exceed 20 pages.

b. Evaluation: The Government will evaluate how well the summary of the proposed curriculum meets the Government’s needs as explained in the PWS. The Government will also evaluate how well the proposed training methods will deliver the curriculum to the participants. The quality of proposed instructors will be evaluated based on the submitted resumes.

Rationale:

1.2 Price Proposal Evaluation

The price portion of this evaluation will be subjectively evaluated and a best-value analysis of the proposal as a whole will be performed to determine the best value to the Government. Cost analysis will be used for the purpose of determining the reasonableness, affordability, acceptability, allowability, realism, and overall best value.

The price proposal will be significantly less important than all of the technical factors (combined). The price proposal shall clearly show the total cost (per line item) to the Government for providing ULDP Level 3 Training for the U.S. Army Corps of Engineers, including break-out pricing for any miscellaneous activities not identified in the RFQ.

The Government reserves the right to open discussions regarding technical issues if it is deemed necessary, however, the contractor should prepare and submit is best offer in its proposal with no assumptions regarding further proposal discussion.

* Rating Factor: Exceptional Above Average Average Marginal Unacceptable

Rationale:

* Total Rating Factor: Exceptional Above Average Average Marginal

Rationale:

1.3 Evaluation Criteria

Exceptional: Proposer possesses virtually all of the desired attributes and qualities set forth in the RFP, for the particular factor being evaluated. Strengths are present indicating maximum benefit to the Government and no significant weaknesses are indicated.

Above Average: Proposer possesses many of the desired attributes and qualities set forth in the RFP, for the particular factor being evaluated. Strengths are present indicating significant benefit to the Government. The proposal has only minor weaknesses that have no impact on the proposal as a whole and do not require correction.

Average: Proposer possesses some of the desired attributes and qualities set forth in the RFP, for the particular factor being evaluated. Strengths are present indicating some benefit to the Government. Any weaknesses noted have only a minor impact on the proposal and are easily correctable.

Marginal: Proposer possesses only a few of the desired attributes and qualities set forth in the RFP, for the particular factor being evaluated. The Government may still receive benefit from the proposal submitted. Weaknesses and deficiencies noted are correctable without major revision of the proposal

Unacceptable: Proposer lacks the desired attributes and qualities necessary to receive a higher rating. Weaknesses and/or deficiencies noted are uncorrectable without a major revision to the submitted proposal.

PERFORMANCE WORK STATEMENT

FOR

THE U.S. ARMY CORPS OF ENGINEERS, PACIFIC OCEAN DIVISION (POD)

LEADERSHIP DEVELOPMENT PROGRAM LEVEL 3 TRAINING SEMINARS

April 28, 2020

A. GENERAL: This is a non-personal service contract to provide U.S. Army Corps of Engineers Leadership Development Program (ULDP) Level 3 training seminars. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

B. REFERENCE:

(1) USACE Leadership Development Program (LDP), Regulation No.

ER 690-1-1214, CEHR-D, U.S. Army Corps of Engineers, 28 February 2011.

C. DESCRIPTION OF SERVICES: The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide onsite instruction for U.S.

Army Corps of Engineers Leadership Development Program Level 3 (GS13/14) training seminars as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract. All instruction provided shall be consistent with and shall conform to the requirements of ER 690-1-1214, dated 28 February 2011.

POD Region-Specific Familiarization Stipulation. The US Army Corps of Engineers, Pacific Ocean Division and their subordinate Districts have responsibility for operating across a wide geographic area that includes the State of Hawaii, Kwajalein Atoll, Republic of the Marshall Island, the Federated States of Micronesia, Guam, Palau, the State of Alaska, Japan, to include Okinawa, and the Republic of Korea. POD and their subordinate Districts are additionally responsible for performing Humanitarian Missions throughout Asia.

Each District’s geographic area of responsibility possesses specific cultural characteristics that must be incorporated into all aspects of the leadership training. The coordination and management of the regional business mission necessitates real-time operation across extensive geographic distances across multiple time zones. The District level customer base includes interaction with individuals and agencies in foreign nations. In addition, leading, managing, motivating the diverse cultures characteristic of the different staffs of the four Districts, which include non-U.S. foreign national employees requires that particular sensitivities be incorporated into the training.

D. SCOPE: The ULDP Level 3 training seminars shall consist of three (3) separate training events with the purpose of training participants in advanced leadership concepts and skills. The Training Seminars will each be held in the area of Honolulu, Hawaii, for four and one-half (4-1/2) instruction days, with the training commencing on the afternoon of the first day.

E. TYPE OF CONTRACT: The Government will award a firm fixed price contract.

F. PERIOD OF PERFORMANCE: The period of performance is from date of award to March 31, 2022.

A breakdown of the contract CLINs is as follows.

BASE

CLIN 0001 ULDP 3 Training Seminar 1 – Approximately during the period December 2020 – February 2021 but on a date agreeable between Contractor and Government

CLIN 0002 ULDP 3 Training Seminar 2 – Approximately during the period April

- May 2021 but on a date agreeable between Contractor and Government

CLIN 0003 Contract Manpower Reporting (see below)

OPTIONS

CLIN 0004 OPTION 1 - ULDP 3 Training Seminar 3 – Approximately during the period December 2021 – February 2022 but on a date agreeable between Contractor and Government

The Government reserves the right to exercise the Option(s) at a later date after award but prior to the expiration of the contract.

BASE - UDLP 3 Training Seminar 1: The Contractor shall provide an instructional training curriculum during the Training Seminar 1 that is consistent with the requirements of ER 690-1-1214. This regulation includes the definitions and competencies to be learned by the participants via instruction in the following topics: 1) Leading Change, 2) Leading People, and 3) Results Driven. The training seminar shall last four and one-half (4-1/2) days in total duration, with the instruction commencing in the afternoon of the initial training day. The training curriculum focus shall take into account regional requirements and historical references to the evolution of Pacific Ocean Division mission programs and personnel management challenges that are specific to workforce issues in Japan, Korea, Alaska, and Hawaii. The training may involve the use of case study and role playing to enhance learning. The case study can be one suggested by the Contractor, or the Government may desire to utilize a real case study that is within the Pacific Ocean Division region.

The training class size will consist of approximately 12 to 15 attendees, including advisors.

The training provided will not be limited to informational learning, but shall also include experiential learning, utilizing simulation based training, exercises, interaction and discussion between participants, in order to apply theory and concepts against practice. The instructor(s) will provide learning materials, which shall include a participant manual covering all concepts taught, as a minimum.

Additional materials that can be used as reference for participants will also be included.

The Government will provide the training facility in the State of Hawaii. The Government will provide all classroom equipment (to include projector, computer speakers, screen, flip charts, and writing utensils). The instructor will provide either their own computer capable of hook up to Government projection equipment, or if in a training room with a computer/projector setup, a CD with course content that can be loaded onto the local computer (thumb drive type devices are not permitted to be connected to Government Computers).

At least thirty (30) days prior to the start of the training, the Contractor will provide one (1) copy of the following documents to the designated representatives for review and approval: final instruction agenda, participant manuals, and related learning materials.

BASE – ULDP 3 Training Seminar 2: The Contractor shall provide an instructional curriculum during the Training Seminar 2 that addresses the subjects of Mentoring Principles and Customer Service. The training shall last four and one-half (4-1/2) days in total duration, with the instruction commencing in the afternoon of the initial training day. A minimum of approximately two (2) days should be devoted to the Mentoring Principles, with a minimum of approximately two (2) days devoted to the Customer Service Training.

Approximately two hours of the Customer Service portion curriculum will include USACE customers as guest speakers to discuss their perspectives on customer service. The Government will provide suggestions for guest speakers, but is open to suggestions from the Contractor should they have contacts they would like to propose. The Mentoring training objectives for Training Seminar 2 shall take into consideration Pacific Ocean Division and subordinate District staffing structures and the local cultures that influence superior/subordinate relationships within those organizations. The training will include, but not be limited to, the following:

a) Benefits of being a mentor/associate (and benefits to the organization and the U.S. Army Corps of Engineers)

b) Attributes of a good mentor/associate, including how to create good matches

c) Roles and responsibilities of each partner

d) Understanding the process of establishing a mentoring partnership

e) Introduction/Development/Ending phases of mentoring partnerships

f) Getting the most out of the partnership (hints, tips, resources)

g) Techniques in coaching/communication/feedback/listening skills

h) Developing an agreement or action plan addressing goals/expectations

i) Understanding risks and potential problems of mentoring partnerships

j) Use of a case study and role playing to enhance learning. The case study can be one suggested by the Contractor, or the Government may desire to utilize a real case study that is within the Pacific Ocean Division region.

The Customer Service portion of Training Seminar 2 will require orientation to the US Army Corps of Engineers, Pacific Ocean Division suite of customers across their entire region. The required training curriculum shall include instruction and discussion on principles of customer service, including how to provide top quality service and how to understand what customer service may mean to customers.

Additionally, the training curriculum should include discussion of various methods of customer service and how to achieve and measure the success of customer service. The curriculum provided shall address at a minimum the following:

a) Define customer service and why it is important

b) Understand the current and future USACE challenges to customer service

c) Learning to understand customer’s perspective (hear from actual

Corps’ customers)

d) Recognize appropriate verbal and body language to interact with customers

e) Understand what makes a successful customer service interaction

f) Practice handling complaints & difficult situations

g) Understand how cultural dimensions may impact customer service and communication

h) Learn to style shift with your customer (and when to style shift)

i) Use of a case study and role playing to enhance learning. The case study can be one suggested by the Contractor, or the Government may desire to utilize a real case study that is within the Pacific Ocean Division region.

The class will be held in the State of Hawaii. The contractor will contact the designated representative of the Contracting Officer for the specific days and building location.

At least thirty (30) days prior to the start of the training, the contractor will provide one (1) copy of the following documents to the Contracting Officer’s designated representative for review and approval: Final instruction agenda, participant manuals, and related learning materials.

The training class size will consist of approximately 12 to 15 attendees, including advisors.

The training provided will not be limited to informational learning, but shall also include experiential learning, utilizing simulation based training, exercises, interaction and discussion between participants, in order to apply theory and concepts against practice.

At the conclusion of the training, participants will be able to explain the roles and responsibilities of mentors and associates and use the skills learned to build a successful mentoring partnership. The instructor(s) will provide learning materials, including a participant manual covering all concepts taught, as a minimum. Additional materials that can be used as reference for mentors and mentees to guide them through effective mentoring partnerships will also be included.

The Government will provide the training facility and all AV equipment (projector, computer speakers, screen, flip charts, and pens). The instructor will provide either their own computer capable of hook up to Government projection equipment, or if in a training room with a computer/projector setup, a CD with course content that can be loaded onto the local computer.

OPTION 1 – ULDP 3 Training Seminar 3: The Training Seminar 3 will be held in the area of Honolulu, Hawaii, for four and one-half (4-1/2) instruction days, with the training commencing on the afternoon of the first day. The Contractor will contact the designated representative of the Contracting Officer for the specific date and location.

The Contractor shall provide instruction in the following topics, which are further described in the last three columns of the DoD Civilian Leader Development Framework shown in Appendix A of ER 690-1-1214. The competencies to be learned by the participants in Training Week 3 shall include: 1) Business Acumen, 2) Building Coalitions, and 3) Enterprise-wide Perspective. The training will be for approximately 12 to 15 attendees, including the advisers.

The curriculum for Training Week 3 shall be crafted to specific situational requirements of the U.S. Army Corps of Engineers, and the specific mission responsibilities, geographic scope, and attendant workforce composition characteristic of the Pacific Ocean Division’s Area of Responsibility and subordinate District offices to provide appropriate instructional design and focus for the training. The training shall address the criticality of individual and organizational coalitions within the Pacific Division Ocean Division. It is imperative that the training relate to the specific of the POD region.

The training provided will not be limited to informational learning, but shall also include experiential learning, utilizing simulation based training, exercises, interaction and discussion between participants, in order to apply theory and concepts against practice. The training may involve the use of a case study and role playing to enhance learning. The case study can be one suggested by the Contractor, or the Government may desire to utilize a real case study that is within the Pacific Ocean Division region. The instructor(s) will provide learning materials, including a participant manual covering all concepts taught, as a minimum.

Additional materials that can be used as reference for participants will also be included.

The Government will provide the training facility in the State of Hawaii. The Government will provide the training facility and all AV equipment (projector, computer speakers, screen, flip charts, and pens). The instructor will provide either their own computer capable of hook up to Government projection equipment, or if in a training room with a computer/projector setup, a CD with course content that can be loaded onto the local computer.

At least thirty (30) days prior to the start of the training, the Contractor will provide one (1) copy of the following documents to the Contracting Officer’s designated representative for review and approval: final agenda, participant manuals, and related learning materials.

G. Contract Manpower Reporting The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://cmra.army.mil

The required information includes:

(1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR);

(2) Contract number, including task and delivery order number;

(3) Beginning and ending dates covered by reporting period;

(4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data;

(5) Estimated direct labor hours (including sub-Contractors);

(6) Estimated direct labor dollars paid this reporting period (including sub- Contractors);

(7) Total payments (including sub-Contractors);

(8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different);

(9) Estimated data collection cost;

(10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information);

(11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website);

(12) Presence of deployment or contingency contract language; and

(13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year.

Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

Quality Assurance Surveillance Plan

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance

Objective Standard Performance

Threshold Method of

Surveillance

PRS # 1.

The contractor shall provide ULDP 3 Training Seminar 1 in accordance with the Performance Work Statement.

Training provided in the time frame specified and met all training objectives identified in the Performance Work Statement.

Training instruction shall conform to the requirements of USACE Leadership Development Program (LDP), Regulation No. ER 690-1- 1214, CEHRD, U.S. Army Corps of Engineers, 28 February 2011.

No complaints received regarding the integrity and timely delivery of the training.

Designated contract Representatives for this contract will be in attendance of the training to ensure performance standards.

PRS # 2.

The contractor shall provide ULDP 3 Training Seminar 2 in accordance with the training objectives identified in the Performance Work Statement.

Training instruction shall conform to the requirements of USACE Leadership Development Program (LDP), Regulation No. ER 690-1- 1214, CEHRD, U.S. Army Corps of the integrity and this contract will be in attendance of the training to ensure performance standards.

PRS # 3.

The contractor shall provide ULDP 3 Training Seminar 3 in accordance with the training objectives identified in the Performance Work Statement.

Training instruction shall conform to the requirements of USACE Leadership Development Program (LDP), Regulation No. ER 690-1- 1214, CEHRD, U.S. Army Corps of the integrity and this contract will be in attendance of the training to ensure performance standards.

END OF PERFORMANCE WORK STATEMENT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 28-FEB-2021 1 N/A

0002 31-MAY-2021 1 N/A

0003 31-MAR-2022 1 N/A

0004 28-FEB-2022 1 N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.212-1 Instructions to Offerors--Commercial Items MAR 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1 - Experience (Equal in importance to Factor 2, and more important than Factors 3 & 4) Factor 2 - Past Performance (Equal in importance to Factor 1, and more important than Factors 3 & 4) Factor 3 - Proposed Curriculum (Less important than Factors 1 or 2, but more important than Factor 4) Factor 4 - Price (Less important than Factors 1, 2, and 3)

Relative importance of evaluation factors: The non-price factors, when combined, are significantly more important than price. Offers will be technically evaluated in accordance with the requirements set forth in the Performance Work Statement. The Government reserves the right to make award on the initial offer received without discussions.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2020)

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

(a) Definitions. As used in this provision --

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

(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(s) applicable to the NAICS code(s) 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 CFR 124.1002.

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

(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) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

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

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

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

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

(2) Foreign End Products:

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…