Amendment_03_RUCKER_18Q2557_WOCC_combo_syn_sol.pdf

Training and Education Product Development Support Services for WOCC

Solicitation Number: W9124G-18-Q-2557

Amendment 03

Agency: Department of the Army

Office: Army Contracting Command, MICC

Location: MICC - Fort Benning

Notice Type:

Combined Synopsis/Solicitation

Amendment 03

Original Posted Date:

Aug 28, 2018

Posted Date:

Sep 5, 2018

Response Date:

Sept 18, 2018 10:00 am Eastern

Archiving Policy:

Automatic, 15 days after response date

Set Aside:

Service Disabled Veteran

Owned Small Business

(SDVOSB)

Amendment 03: Is issued regarding the following:

a. Provide Questions and Answers 03

b. Revised PWS

SYNOPSIS:

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the solicitation; quotes are being requested and a written solicitation will not be issued. This is a request for quote

(RFQ) with a solicitation number of W9124G-18-Q-2557. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-66. This requirement is to perform training and education product development services, at Fort Rucker, AL. This requirement is restricted and is a total set-aside for a Service Disabled Veteran Owned Small Business (SDVOSB) firms. The associated

North America Industry Classification System (NAICS) Code is 611430 Professional and Management

Development Training and the Business Size Standard associated with this code is

$11 million. The Government contemplates award of a single, firm fixed price contract using Best Value - Lowest

Price Technically Acceptable (LPTA) source selection procedures.

DESCRIPTION OF REQUIREMENT:

This requirement is to perform training and education product development services, at Fort Rucker, Alabama. The goal is to obtain a performance-based contract to provide all personnel, labor, expertise, tools, maintenance, equipment, parts, materials, supplies, and services in support of Warrant Officer Career College (WOCC) services as defined in the Performance Work Statement (PWS).

CLASSIFICATION CODE: U -- Training/Curriculum Development

NAICS CODE: 611430 Professional and Management Development Training

PAYMENT TERMS: NET 30

SITE VISIT: No site visit is planned.

PERFORMANCE WORK STATEMENT (attached)

DEPARTMENT OF LABOR WAGE DECISION applicable to this acquisition is: WD 15-4631 (Rev -8) dated

07/03/2018 and it is located at http://www.wdol.gov/

PERIOD OF PERFORMANCE: The period of performance shall be for a base year of 12 months plus 3 options years.

LOCATION OF PERFORMANCE: Fort Rucker, Alabama

TOTAL FOR BASE AND OPTION YEARS CONTRACT LINE ITEMS - submit quotes in the following format:

Consistent with Volume II

CONTRACTOR'S PROPOSAL

http://www.wdol.gov/

The contractor's proposal will be incorporated by reference into the final contract.

CONTRACT CLAUSES:

52.212-4, Contract Terms and Conditions - Commercial Items

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Aug

2018).

The following clauses contained within 52.212-5 are applicable and incorporated by reference:

52.203-6, Restrictions on Subcontractor Sales to the Government, Alt I

52.203-13, Contractor Code of Business Ethics and Conduct

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards

52.204-14, Service Contract Reporting Requirements

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.219-8, Utilization of Small Business Concerns

52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

52.219-28, Post Award Small Business Program Re-representation 52.222-3, Convict Labor

52.222-17, Non displacement of Qualified Workers

52.222-19, Cooperation with Authorities and Remedies

52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity

52.222-35, Equal Opportunity for Veterans

52.222-36, Equal Opportunity for Workers with Disabilities 52.222-37, Employment Reports on Veterans

52.222-40, Notification of Employee Rights under the National Labor Relations Act

52.222-41, Service Contract Labor Standards

52.222-42, Statement of Equivalent Rates for Federal Hires

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option

Contracts)

52.222-50, Combating Trafficking in Persons

52.222-55, Minimum Wages Under Executive Order 13658

52.222-62, Paid Sick Leave Under Executive Order 13706

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

52.224-3, Privacy Training

52.225-5, Trade Agreements

52.225-13, Restrictions on Certain Foreign Purchases

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations

52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration

52.233-3, Protest After Award

52.233-4, Applicable Law for Breach of Contract Claim

52.237-11, Accepting and Dispensing of $1 Coin

SOLICITATION PROVISIONS:

This solicitation incorporates by reference, with the same force and effect as if they were given in full text. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. The full text of a solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil

52.212-1, Instruction to Offerors - Commercial Items (Aug 2018)

FOR OFFERS TO BE CONSIDERED: 52.212-1, Addendum

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in paragraph titled SYNOPSIS. However, the NAICS code is 611430 and the small business size standard for this. NAICS is $11.0M

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the

Government, and returned at the sender's request and expense, unless they are destroyed during pre-award testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including http://farsite.hill.af.mil/ alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition

Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the

Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the

Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). 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. However, the Government reserves the right to conduct discussions if later determined by the Contracting

Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service

Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile

(202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215)

697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ''Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

QUOTE SUBMISSION INSTRUCTIONS

It is not the intent of the Government to enter into negotiations. It is incumbent upon the Offeror to submit sufficient information for the Government to determine satisfactory Technical Capability, Past Performance, and Price reasonableness. Failure to submit sufficient information for the Government to determine Technical Capability, relative Past Performance, or Price may result in the rejection of your quote. An award will be made on the basis of the lowest price of quotes deemed technically acceptable. The Offeror is to provide its submission in accordance with the instructions found herein and within the solicitation provision 52.212-1, Instructions to Offerors - Commercial Items. The SF 1449 is not being used so Offerors are to make their submission by way of company letterhead.

Each quote submitted shall be labeled with the following information:

Title & Volume

Request for quote/solicitation number

Offeror’s name

Quotes shall be marked “SOURCE SELECTION SENSITIVE”

In order to be deemed technically acceptable quotes shall include the following:

Two Volumes are required.

Volume I: Technical Capability with Management/Staffing Approach and Preliminary Quality Control Plan, and one redacted copy of Vol I.

Table of Contents with an Executive Summary (does not count toward page limit)

Technical Capability with Management/Staffing Approach and Preliminary Quality Control Plan are somewhat more important than past performance When combined, Technical Capability with Management/Staffing Approach, Preliminary Quality Control Plan, and past performance, are approximately equal to price.

Volume I:

The Table of Contents with an Executive Summary should categorizes the quote submission and the contractor team, to include a list of subcontractors and the task(s) they will be designated to support.

Technical Capability with Management/Staffing Approach - Management Approach is defined as the documented capability to meet the minimum requirements of the requirement as specified in this solicitation and the attached Performance Work

Statements (PWS). The Offeror's quote should clearly outline the offeror's capability to meet the requirements of the performance work statement. Within the Staffing Approach plan, the offeror shall have a detailed plan of action for recruiting and replacing unfilled positions.

Preliminary Quality Control (CQ) Plan - The contractor shall develop a preliminary QC Plan to identify, prevent, and ensure non-recurrence of defective services. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary.

Page Limit: 25 pages

Page Size: 8.5” x 11”

MS Word/PDF is acceptable, Times New Roman in 12 point font

Electronic Copy

NOTE: Volume I should contain no pricing information.

Volume II: Past Performance and Price.

Page Limit for Past Performance: 2 pages

No Page Limit for Price

Page Size: 8.5” x 11”

Excel, MS Word, and/or PDF is acceptable, Times New Roman in 12 point font

Electronic Copy

Past Performance- Limit is two pages of narrative. Pages beyond the initial two will not be evaluated. Submission is to include up to ten (10) references from private and public entities for which the Offeror performed work as either a prime or sub-contractor that is similar in nature and scope during the past five years (as of date set for receipt of offers). In the event an offeror does not have a record of relevant past performance, the offeror will receive a neutral rating.

Quote should include:

a. Contract Number

b. Description of Services

c. Contract Value

d. Performance Period

e. Contract Type

f. Point of Contact with current email and telephone number.

Price- Provide the following:

a. Complete Pricing Schedule

b. Vendor Cost Breakdown (cross walk) to include labor categories, labor hours, hourly rate, G&A, Profit

Submission may be made via e-mail to shawndra.n.rhodes.civ@mail.mil or delivered to MICC-Fort Benning, ATTN: Shawndra

N. Rhodes 6650 Meloy Drive, Bldg. 6, Suite 250, Fort Benning, GA 31905. Facsimiles or telephonic quotes will not be accepted.

If submitted via e-mail, attached files must be Microsoft compatible and virus/malware free. The Subject Line of the Email must read: RFQ W9124G18R2557 WOCC Training Developers. Electronic media suspected by Government computers as possibly containing virus/malware will not be opened or considered.

Offerors should check the FedBizOpps website often for new solicitations and/or changes (AMENDMENTS).

Responses to this announcement must be complete and include the following documents:

1) Ensure acknowledgement of all amendments

2) Volume I: Technical Capability with Management/Staffing Approach and Preliminary Quality Control Plan with one redacted copy of Vol I

3) Volume II: Past Performance and Price

4) FAR 52.212-3, Offeror Representations and Certifications - Commercial Items

Email any questions to Shawndra.n.rhodes.civ@mail.mil. The period for asking questions no later than 12:00PM EST, Friday, 31 Aug 2018. Questions will only be accepted via email. Question and Answer documents will be posted to FBO as an attachment to the combined synopsis/solicitation. It is the interested party's responsibility to check FedBizOpps for updated information. Ensure all questions are submitted via email, the government will not be accepting any vendor inquiries via the telephone.

Offers are to be received by MICC-Fort Benning no later than 10:00 AM Eastern Time, Tuesday, 18 Sept 2018.

A completed copy of the Offeror's representations and certifications required by the provisions 52.209-7, 52.204-13 and 52.212-3. As an alternative, the Offeror may affirm in its executive summary that the required representations and certifications are found on-line in the Government's System for Award Management (SAM).

Offers must first be determined acceptable in Technical Capability in order to be considered eligible for award. For past performance to be considered acceptable, the Government must have a reasonable expectation, based on the offeror's performance record, that the offeror will successfully perform the required effort.

All quotations from responsible sources will be fully considered. If you are not registered in SAM, an award cannot be made to your company. Vendors may register with SAM by going to www.sam.gov. Registering electronically will expedite the registration process. Quotes submitted without an active SAM registration at the close of the solicitation will not be evaluated and will result an immediate rejection of the quote.

52.212-2, Evaluation - Commercial Items (Oct 2014)

(1)

(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:

The following are the evaluation factors

(i) Technical Capability with Management/Staffing Approach in order to meet the Government requirement;

(ii) Preliminary Quality Control Plan

(iii) Past Performance

(iv) Price

Volume I: Technical Capability with Management/Staffing Approach and Preliminary Quality Control Plan Ratings

Technical Acceptable/Unacceptable Ratings Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation as outlined in the PWS

Unacceptable Quote does not clearly meets the minimum requirements of the solicitation as outlined in the PWS

Volume II: Past Performance and Price Ratings

Past Performance Ratings Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Neutral If no Past Performance is Available

Past Performance: The Government will use this and other information (such as but no limited to PPIRS, CPARs and

FAPIIS) at its disposal to determine acceptability of the Offeror's past performance.

Price: The offeror’s price submission to include options will be evaluated considering the quote to the solicitation.

The techniques and procedures described under FAR Part 15.404 will be the primary means of assessing price submission reasonableness as prescribed in FAR 16.505(b)(3).

(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.

(2) 52.217-8 Evaluation of Option to Extend Services (NOV 1999). The Government may require continued performance of any services within the limits and at the rates specified in contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The

Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days of contract expiration.

(3) 52.217-9 Option to Extend the Term of the Contract (MAR 2000).

(a) The Government may extend the term of this contract by written notice to the Contractor within fifteen (15) days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed

48 months.

(4) The Government reserves the right to make an award without discussions.

Determining Financial Responsibility

"Pursuant to FAR Part 9, the Contracting Officer is required to make a determination regarding the responsibility of the proposed awardee. Following receipt of offers, the Contracting Officer or Specialist will send a form, designed to elicit financial information from an offeror's financial institution, to those offerors having a reasonable chance at receiving the award under this solicitation. You should forward that form to your financial institution and have the financial institution complete and send it directly to the Contract Specialist. For sections 2 and 4 on the document, the financial institution may answer with high, medium or low or they can answer with a numerical amount. The form must be returned to the MICC within three (3) business days. In the absence of this information, the

Contracting Officer will have no choice except to find your company "not responsible," a finding which will make you ineligible for award."

All or None

Award for All or None. The Government intends to award one (1) purchase order as a result of this solicitation.

Offers received for less than the stated number if items listed in the solicitation will be considered ineligible for award.

52.212-3, Offeror Representations and Certifications - Commercial Items

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

Offeror Representations and Certifications -- Commercial Items (Aug 2018)

The offeror shall complete only paragraphs (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 http://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—

(6) 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

(7) 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

“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 on the SAMwebsite.

(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 representation and certifications currently posted electronically at FAR 52.212-3, Offeror

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

4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (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 is to 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.

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

(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.

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

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

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

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified

HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

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

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

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

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

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

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

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

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

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

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