ARL_HBCU_MI_Design_Competition.pdf

Title: Army Research Laboratory (ARL) HBCU/MI Design Competition

(1) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart

12.6 as supplemented with additional information included in this notice.

(2) This acquisition is for a commercial service and is conducted under the authority of the Federal Acquisition

Regulation (FAR) Part 13—Simplified Acquisition Procedures; FAR Subpart 13.5—Simplified Procedures for

Certain Commercial Items; and FAR Part 12—Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold.

(3) The solicitation document and incorporated provisions and clauses are those in effect through the Federal

Acquisition Regulation.

(4) The associated NAICS code 541611 – Administrative Management and General Management Consulting and the small business size standard is $15,000,000.

(5) Description: See Performance Statement of Work

(6) Period of Performance: 12 Months

(7) The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition.

(8) The provision at FAR clause 52.212-2, Evaluation – Commercial Items, applies to this acquisition.

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.

b) Options: N/A

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.

(9) The Offerors to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and

Certifications—Commercial Items, with its offer.

(10) The FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.

(11) FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders–

Commercial Items, applies to this acquisition.

(12) There are no additional contract requirement(s) or terms and conditions applicable to this acquisition other than those identified in the Performance Work Statement.

(13) The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

(14) This requirement is full and open. The NAICS code for this requirement is 541611. The offeror’s proposal shall be emailed to usarmy.rtp.rdecom-aro.mbx.hbcu-mi-programs@mail.mil in response to the RFQ. All offers to include all attachments are due by 4:00 PM EST on Thursday, September 13, 2018. Any questions must be submitted no later than 12:00 Noon EST on Monday, September 10, 2018. The Government hereby reserves the right to submit a response to those questions or not.

In addition the Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for

Award Management (SAM) www.sam.gov mailto:usarmy.rtp.rdecom-aro.mbx.hbcu-mi-programs@mail.mil http://www.sam.gov/

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job

Design Competition Planning Labor -FFP

Price proposed to perform the requirements of the Performance Work Statement

FOB: Destination

PSC: R799

NET AMT

0002 Job

Marketing and Communications Labor FFP

Price for marketing and communications in accordance with the Performance

Work Statement for approximately 100 attendees.

0003 Job

Other Direct Costs – COST REIMBURSEMENT

Costs to include travel, facility insurance, food and other direct costs such as registration, materials and supplies. This is an estimated amount provided by the

Government to be used when submitting your quote for this CLIN.

ESTIMATED COST $60,000.00

CONTRACTOR MANPOWER REPORTING – NOT SEPARATELY PRICED

Input of the accounting for contract services information in the website operated and maintained by the Assistant Secretary of the Army (Manpower and Reserve

Affairs). See the "Contractor Manpower Reporting" paragraph for specific reporting information. *NOTE: CMRA Reporting Certification: Contractor shall provide evidence of compliance with the CMR requirement to the Contracting

Officer's Representative (COR) and Contracting Office no later than Novemeber

30 of each year. Failure to comply with this requirement many result in a negative rating on your annual past performance report. The Unit Identification Code (UIC) is W36QYT

PSC CD: R799

ARL HBCU/MI Design Competition

Event Planning and Execution Support

Performance Work Statement

Background

The Army Research Laboratory (ARL) is conducting its first-ever university design competition for

HBCU/MI participation. Using statutory authorities provided to conduct prize competitions and to promote outreach to minority institutions the ARL’s competition will enlist student teams from HBCUs/MIs to compete in a two-phase competition focused on Army-relevant technology challenges. The challenge is modeled on similar DoD challenges (DARPA’s Grand Challenges, MIT/USMA Soldier Design Competition) and winning teams will receive recognition and possibly cash awards. A panel of Army leaders will judge and determine the teams selected to move forward to the 2nd phase and the competition winners in the 2nd phase. The challenge has a potential eligibility base of 1,752 eligible institutions.

The ARL HBCU/MI Design Competition has several goals and anticipated outcomes. The competition will introduce HBCU/MI student teams to Army research and technical challenges. It will engage students with the

Army’s technical and operational communities. The challenge will leverage ARL’s associated partnerships and it will stimulate innovation and entrepreneurship. Lastly, the design competition is consistent with the Army’s strategy to strengthen engagement with the Nation’s HBCUs/MIs.

The current competition structure is centered on a two-phase competition. Phase I will solicit concept papers in which student teams can describe their ideas. Teams selected to move forward to the 2nd phase will be invited to develop models and prototypes for a final competition. Phase I will be conducted during the fall 2018 and Phase II will occur over the spring months in 2019.

Scope

The Contractor shall provide the personnel, services, and materials necessary to support the ARL

HBCU/MI Design Competition, and shall plan, arrange, coordinate, negotiate, conduct, and close out the tasks and sub-tasks outlined below. The contractor should bring a creative and strategic lens to the coordination, planning, and management processes. The contractor should offer innovative practices to ensure the support meets the objectives of the HBCU/MI Design Competition.

Preliminary HBCU/MI Design Competition Event Dates

October 31 – Concept papers due

November 1-15 – Prescreening

November 15 – December 15 – Concept paper judging and selection

January 1 – Announcement of concepts advancing to Phase II

April 15-19 (tentative) – Final judging and event at ARL South (Three days: Day 1: set-up; Day 2: competition and judging; Day 3: awards, viewing, and poster session

Tasks – The contractor shall provide the following support:

1. General Support

Coordinate input from government to identify goals, objectives, and timeline

Develop needs assessment and work breakdown structure

Provide expert advice on the best methods of carrying out the competition

Participate in conference calls and/or face-to-face meetings as required

Track timeline to ensure significant milestones and deadlines are met

Record and transcribe meeting minutes

Communicate with government as required to keep them apprised of the program schedule and additional logistical information

Ensure compliance with all applicable federal and local regulations

2. Site Selection

The event will be held at the University of Texas at El Paso. The Contractor will assist with the coordination of the site, setup, audio visual equipment and operators, and registration.

Conduct site visit(s), if appropriate

Assist the Government with items related to catering, facility management, and other relevant and required services. The Government anticipates light refreshments for approximately 100 attendees. The contractor must be in compliance with all applicable Army regulations regarding food and beverage services. (Cost for food will be on a Cost Reimbursement CLIN)

3. Logistics Support

Coordinate with government security offices

Work with the Government to ensure all audiovisual (and other) requirements are accommodated and presentation descriptions and presenters’ bios are submitted in timely manner

Provide registration support

Determine the layout to best utilize the space

Coordinate and confirm audio visual needs

Coordinate services required by government, competition participants, and guests (such as Internet access, electrical power, and mobility requirements)

Make any special arrangements as necessary

Prepare and distribute attendee lists

Create and maintain competition databases and web pages (Section 508 Standards for EIT compliance required)

Post pertinent information to the site to provide competition logistics such as agenda accommodations, directions, and other requirements

Monitor and update website information as needed

Plan and develop agendas, invitations to speakers, and mailings as outlined by the Government

Coordination, assembly, and shipment of conference-related materials

Create and produce event materials such as proceedings and other event publications at customer request

Develop name tags, signs, table tents, and event packets

Order attendee meeting supplies such as badge holders and other materials as required

4. Onsite Support (final judging)

Implement staffing for the final event, including “surge capacity” staffing

Provide on-site support at event location, overseeing set-up, competition arrangements, and troubleshooting

Conduct registration

Set up a boardroom-style conference room for judging and side meetings that can comfortably hold up to

15 people in an area that is quiet, easily accessible, and has Internet available

Organize production and installation of event signage

Record and transcribe activities of the competition proceedings and final judging

5. Post Competition Activities

Provide a written review to include: participant information (contestants, judges, guests, etc.), material and equipment, competition expenses, lessons learned, and action items

Arrange and participate in a meeting with the government for a debrief

6. Marketing and Communications

Develop and work with the government to execute a sponsorship strategy

Propose an online solution and use it to send and manage invitations, RSVPs, registration, etc.; provide solutions to invitees and act as troubleshooter as necessary

Develop digital and non-digital marketing materials related to the competition, including, but not limited to, save the dates, invitations, event programs, invitations, event signage, etc.

Work with the Government to promote the design competition through traditional and online channels

Government review and approval must be obtained before the execution of marketing strategies, and/or the production and dissemination of marketing materials for any event. The contractor shall be responsible for the design, production, set-up and breakdown of all appropriate displays, signs, banners, etc. used during the events.

Inherently Governmental Functions

The Contractor is solely responsible for managing and supervising its personnel. This contract is for non-personal services. Nothing in the PWS shall be construed as authorizing or directing the Contractor to perform an Inherently

Governmental Function (IGF). Tasks executed by the Contractor shall be considered recommendations subject to the review and approval by the Government. Contractor personnel shall not perform any IGF as detailed in FAR 7.503.

Key Personnel

Certain skilled, experienced, professional, and/or technical qualifications are essential for accomplishing the work to be performed. Individuals having these qualifications are defined as Key Personnel.

Substitution of Key Personnel: Any personnel the contractor offers as substitutes shall have the ability equal to or better than the key personnel that is being replaced. Except in cases where individuals commit criminal acts or violations of company policy, personnel shall not be removed, diverted, or replaced from work without notifying the

Contracting Officer and the Contracting Officer Representative (COR). The request shall be in writing.

The contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitution. The contractor shall submit a complete resume for the proposed substitute, any changes to the rate specified in the order

(as applicable) and any other information requested by the Contracting Officer. The COR and Contracting Officer will evaluate such requests and the Contracting Officer will notify the contractor in writing of the approval/disapproval of proposed Key Personnel substitutions

The offeror shall identify Key Personnel for this requirement.

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

Provisions that are incorporated by reference have 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 following provisions are incorporated into

52.212-1 as an addendum to this solicitation:

This requirement is full and open. The NAICS code for this requirement is 541611. The offeror’s proposal shall be emailed to usarmy.rtp.rdecom-aro.mbx.hbcu-mi-programs@mail.mil in response to RFQ. All offerors to include all attachments are due by 4:00 PM EST on Thursday, September 13, 2018. Any questions must be submitted no later than 12:00 Noon EST on Monday, September 10, 2018. The Government hereby reserves the right to submit a response to those questions or not.

WARNING: Late proposals will not be accepted for evaluation. To avoid submission of late proposals, it is recommended to submit the transmission of your proposal file twenty-four (24) hours prior to the required proposal due date and time. Please be advised that timeliness is determined by the date and time an Offeror’s proposal is received by the Government not when an Offeror attempted transmission. Offerors are encouraged to review and ensure that sufficient bandwidth is available on their end of the transmission.

The Offeror’s proposal shall consist of the following volumes and applicable page count:

1) Volume 1: Technical Approach – 10 Pages

2) Volume 2: Management Approach – 10 Pages (Resumes are not included in the page count)

3) Volume 3: Past Performance – Unlimited Pages

4) Volume 4: Price – Unlimited Pages

Please note: An Offeror’s cover page and table of contents are not included in the page count.

The following factors will be considered when evaluating proposals for the “Small Purchase” solicitation.

Factor 1 – Technical Approach

The technical approach shall describe the Offeror’s approach to accomplishing the requirements of the

Performance Work Statement. The means and methods expected to be used in providing quality delivery of services and deliverables for all work should be described in sufficient and succinct detail.

Clear articulation of plan and approach to execution

Marketing Strategy including website design, art and graphic design

Quality Assurance

Factor 2 – Management Approach

The management approach shall describe how the Offeror will ensure all work performed produces quality services and deliverables and will describe Offeror’s plan for interacting with Government personnel. The management approach shall also describe staffing, quality control, problem resolution methodology, and the subcontracting strategy for the design competition. The Offeror must also address the following under Management

Approach:

Customer Service

Potential Scalability of plan

Demonstrated history of collaboration with university academic partners, academic associations and industry

Key Personnel or Partners proposed for this effort to include providing resumes for all Key Personnel proposed. Please note resumes are not included in the page count.

mailto:usarmy.rtp.rdecom-aro.mbx.hbcu-mi-programs@mail.mil

Factor 3 – Past Performance

The Offeror shall identify up to three recent and relevant projects the Offeror have performed of similar size, scope, and complexity that demonstrate their ability to perform the specified tasks.

Examples of conducting a large scale event coordinating event logistics, catering, facility considerations.

Examples of site evaluation and preparation for a major event

Understanding of large scale Audio Visual equipment, commercial production and media cost requirements

Photography, video tape and film production services

The offeror must demonstrate through past performance the probability they will be able to meet contract requirements should that offeror be awarded a contract. Provide information for up to three (3) contracts that are currently active or that have been physically completed in the 3 years that represent relevant experience in relation to the PWS. Past Performance information may come from requirements in which the proposer served as prime contractor or subcontractor on the prior effort. As part of their proposal, the Offeror is authorized to provide information on problems encountered on the examples provided and the Offeror’s corrective actions. For each contract provide name, telephone number, physical address and email address for the Government Contracting

Officer and Government technical monitor for the project, and an executive summary of the work completed under that example.

Factor 4 – Price

Uses technically sound methods supported by credible supporting documents

Reasonable and meet project requirements

The price quote shall be provided in accordance with the PWS.

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

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.

All offerors shall be subject to evaluation by a team of Government personnel. The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. The Offeror will be evaluated strictly in accordance with its written content. Offers which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, are not sufficient. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

The evaluation process will consider the following:

FACTOR 1 - TECHNICAL EVALUATION APPROACH:

The Technical Approach will be evaluated to determine the extent to which it demonstrates a clear understanding and feasibility of approach to all features involved in meeting the requirements delineated in the PWS. Offerors should not simply restate the Government's requirements, but should describe, in detail, how the offeror intends to meet the requirements. The evaluation will determine whether the requirements specified in the request for quote have been completely considered, addressed, and satisfied. The Technical approach will be evaluated by Evaluation

Team members to determine if the Offeror has addressed the below evaluation criteria.

Volume 1: Technical Capability

A. Understanding of the Project - The offer will be evaluated to determine the extent to which it demonstrates a clear understanding of all features involved in this project meeting and/or exceeding the requirements presented in the solicitation and the extent to which uncertainties are identified and resolutions proposed.

B. Feasibility of Approach - The offer will be evaluated to determine the extent to which the plan and approach is workable and the end results achievable. The offer will be evaluated to determine the level of confidence provided the Government with respect to the Offeror's methods and approach in successfully meeting and/or exceeding the requirements in a timely manner. The Offeror will be evaluated on their marketing strategy and Quality Assurance proposed.

Volume 2: Management Approach

Provide adequate assurance of (1) ability to fulfil positions that enable the offeror to quickly execute contract functions (staffing strategy) to include history of collaboration with university and academic partners and industry,

(2) demonstration of a successful plan for interacting with Government personnel, and (3) Key Personnel proposed for this effort to include a review of resumes. Additionally, the management approach shall include plan for status reporting and completion of work including all deliverables, and how the offeror plans to track progress in meeting any goals and objectives of this requirement.

Volume 3: Past Performance Approach

The Past Performance factor will be evaluated based on the submitted Past Performance Narratives, and other

Government sources including Past Performance Retrieval System (PPIRS). All sources of past performance will be reviewed for quality, timeliness, and relevance (i.e., experience in providing services similar in size, scope, and complexity as described in the PWS). The Government will make determination(s) of relevance.

Past Performance information should not be submitted for requirements past three years. If no past performance information is readily available, the offerors past performance will be evaluated as Unknown.

Volume 4: Price

Price will not be evaluated adjectivally or assigned a score. This factor will be evaluated to ensure reasonableness of the quote.

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)

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and DEC 2014 Certifications.

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.222-56 Certification Regarding Trafficking in Persons Compliance MAR 2015 Plan.

52.244-5 Competition In Subcontracting DEC 1996 252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

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

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

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

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

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

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

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity http://www.sam.gov/portal http://www.sam.gov/portal 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 posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-

3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in thisoffer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( business concern.

) is, ( ) is not a small

(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 ( not a veteran-owned small business concern.

) is, ( ) is

(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 ( disadvantaged business concern as defined in 13 CFR 124.1002.

) is, ( ) is not a small

(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 ( owned small business concern.

) is, ( ) is not a women-http://www.acquisition.gov/

(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:

participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

.] Each HUBZone small business concern

(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 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:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli

Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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:

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

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

Peruvian End Products) or Israeli End Products:

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

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

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

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

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

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

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

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals

Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing.