W912DR-12-T-0037 - Solicitation -Badge System.pdf

US ARMY CORPS OF ENGINEERS BALTIMORE DIS

10 SOUTH HOWARD STREET

BALTIMORE MD 21201-2536

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

12.5

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W912DR-12-T-0037 19-Mar-2012

b. TELEPHONE NUMBER

443-654-7856

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 30 Mar 2012

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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Prescribed by GSA

FAR (48 CFR) 53.212

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ADDENDA X ARE

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SHELLEY SPAYDE

300 SENTINEL DRIVE

SUITE 400

ANNAPOLIS JUNCTION MD 20701

TEL: 410-854-0773 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NANCY KEBE-ROBINSON

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561621

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

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ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

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Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W912DR-12-T-0037

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Badging System - Bethesda, MD

FFP

P.O.C. USG PM : John.J.Malloy@usace.army.mil Contracting P.O.C.: Nancy.Kebe-Robinson@usace.army.mil

Contractor Shall furnish all Labor, Material and Equipment necessary to provide the Construction Site Mobile Badge System in accordance with the enclosed Performance Work Statement at the following Location:

4600 Sangamore Rd Bethesda, MD

Period of Performance: 45 days after NTP

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Construction Site Mobile Badge System

1. Project Title

Construction Site Mobile Badge System

1.1. Project Scope

The scope for this project consists of delivery and warranty of a complete system that is capable of producing badges for construction personnel and maintaining accurate record of workers throughout the construction site as described in this SOW. Basic requirements for this procurement are:

Design and Procure a complete system capable of the performance requirements listed in this SOW.

Setup and configuration of the equipment to include working with the customer to develop up to 10 badge designs and setup up to 10 individual user and system admin accounts.

Installation of the equipment at the customer’s site in Bethesda, MD.

Training of the end users as described in this SOW.

Warranty of the equipment for a period of one year.

1.2. Place of Performance

The Contractor shall perform all installation, training, and maintenance activities at the following location:

4600 Sangamore Rd Bethesda, MD

1.3. Period of Performance

The contract period shall commence upon contract award and will complete no later than 45 days after NTP.

1.4. Contractor Responsibilities

The Contractor is responsible for the design and construction of all work, unless specifically noted otherwise.

1.5. Key Personnel

The Contractor shall assign to this contract the following key personnel:

Project Manager System Administrator

During the installation and testing phase, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. All proposed substitutes shall have comparable qualifications to those of the persons being replaced.

1.6. Security Requirements

The Contractor must require all contractors, subcontractors, consultants, and other applicable personnel tocomply with the security requirements under their performance within the contract.

Security requirements are a material condition of this contract. If the contractor fails to observe any of the Security Requirements contained within this contract, the contract shall be subject to termination for default without an opportunity to cure.

In case of an emergency or other crisis situation, as determined by the USG (United States Government), the USG's security personnel will have the authority to order the premises closed and have all persons leave the area.

U.S. citizenship is a requirement for obtaining a USG security approval, clearance, or access approval and the citizenship requirement may only be waived in exceptional circumstances.

Construction personnel must remain within the confines of the construction area. If construction tasks demand that construction personnel enter the secure site those personnel must be escorted by personnel with unescorted access to the secure area.

Personal computers are prohibited from site.

Portable radios, cameras, and all other recording devices are prohibited from the site. Photography for official purposes will be permitted on a case basis with approval from USG security.

Cellular telephones will be allowed on site in accordance with the following limitations:

Cellular telephones can be used by project management, foreman, and any contractor requiring phone coordination with off-site support. General or personal phone use in an active construction area will not be permitted. Personal phone use in the contractor parking area is permitted.

Cellular telephones, portable radios, cameras and all other recording devices are not permitted on any portion of the government property outside of the construction zone or in any USG building.

Cellular telephones with cameras are not excluded from site, however camera use is prohibited. It should be expected that if any contractor is witnessed using a camera it will be confiscated for review. Return of devices is at the discretion of the onsite security. Revocation of site access may also occur at the discretion of site security.

POV’s will be parked within the construction site in an area designated for parking.

All contracts and subcontracts executed in connection with this work shall contain a provision specifying that these security requirements will be observed by all contractor and subcontractor personnel on the work site. Contractor shall ensure that contractors and subcontractors comply with these security requirements.

The USG requires that all persons granted access to the contracted premises observe the following requirements:

All vehicles entering or parked on the premises shall be subject to inspection by USG security personnel or their designees.

Prohibited items and activities include: Alcoholic beverages, controlled substances, explosives, weapons, gambling, cameras and other visual or audio recording devices, electronic transmitting equipment of any kind, soliciting, vending, and debt collection.

Without exception, all personal property, including but not limited to any packages, briefcases, and other containers brought on to, on, or being removed from the premises are subject to inspection and search by USG security personnel or their designees.

Animals, except for those used for the assistance of persons with disabilities, or animals under the control of the USG, shall not be brought onto the contracted premises for other than official purposes.

Distribution, posting, or affixing materials, such as pamphlets, handbills, or flyers is prohibited, unless expressly authorized by the USG.

The USG reserves the right to require the Contractor to submit proof of US citizenship for each employee of the contractor as well as employees of the contractor’s subcontractors who will provide services for the contract.

The Contractor and its employees shall comply with the conduct requirements in effect at the USG’s work site. The USG reserves the right to exclude or remove from the site any employee of the Contractor or of a subcontractor whom the USG deems careless, uncooperative, or whose continued presence on the worksite is deemed by the USG to be contrary to the public interest.

The Contractor shall inform its employees that the USG does not tolerate harassing behavior. Any Contractor employee who is found to be culpable in incidents of harassment shall be immediately escorted from the premises and denied further access. The Contractor shall emphasize to its employees that the USG’s harassment policy may be stricter than the policy the Contractor would otherwise impose.

The Contractor shall not post any contract related picture, drawing or document on any website or FTP site. The Contractor shall send documentation via Email or optical media (CD/DVD) sent via FedEx or UPS.

Exclusion under the circumstances described in this clause shall not relieve the Contractor from full performance of the requirements of this contract, nor will it provide the basis for any claims against the USG.

2. Technical Requirements

The core task areas defined below are those broad sets of tasks necessary to implement and/or deliver the support services defined herein upon completion of all activities and ongoing through the end of the contract period.

In the event that the Vendor’s technical response has any conflict or discrepancy with the provisions set forth in the Performance Work Statement, this Performance Work Statement shall take precedence.

2.1. Project Preparation and Management

The Contractor shall provide a basic project plan as part of their RFP response. This project plan shall include at a minimum the proposed team and project schedule.

2.2. Equipment Acquisition

The Contractor shall procure all equipment and software to provide a comprehensive mobile badge system solution.

The Contractor shall ensure that all security system equipment is available Commercial Off-the-Shelf (COTS) components from the manufacturer. The Contractor shall not use customized hardware

The Contractor is required to be authorized by the manufacturer/integrator for the sales, installation and servicing of their products.

The Contractor shall possess manufacturer’s certification for the proposed mobile badge system if required by the manufacturer.

The Contractor shall ensure that all software is the latest version and all hardware components are the latest model released by their manufacturer and includes all field engineering changes and/or software updates at time of project completion.

The Contractor shall ensure that all software and hardware components include all features and capabilities provided by the manufacturer for those products in support of requirements.

The Contractor shall install new cabling and hardware components. The Contractor shall install new conduit if required, though no conduit is expected for installation.

The Contractor shall inspect all purchased equipment and materials upon delivery from the manufacturer or distributor to ensure that it meet the SOW requirements and manufacturer-published specifications.

The Contractor shall maintain records that document the receipt and inspection of all equipment components/software for the project and provide these records which shall include: packing slips, product nomenclature, serial number(s), and quantity and develop an equipment receiving report containing all information.

The Contractor shall deliver this equipment receiving report to the USG PM at project completion.

The Contractor shall develop and deliver to the USG PM, a bill of materials (BOM) that specifies each piece of equipment, software component and its associated labor factor as part of the RFP response.

2.3. Stock Parts/Materials

The Contractor shall provide a sufficient inventory of stock parts and materials so that the end users will not have to purchase any additional materials or parts for complete system operation for two years and a minimum of 1500 badges produced. The Contractor shall include the spare parts package in the BOM, and designate these parts as “spare” in the BOM. The Contractor shall provide the following spare parts (quantities to be proposed by contractor) to supply for 2 years of service and a minimum of 1500 badges:

Badge stock compatible with system Ribbon for printing badges Arm band badge holders Badge Clips Cleaning supplies for badge printer Any other items necessary for proper maintenance and operation for 2 years and a minimum of 1500 badges

2.4. Project Documentation

The Contractor shall provide all contract deliverables in accordance with Performance Work Statement. The Contractor shall not post any contract related picture, drawing or document on any website or FTP site. The Contractor shall send documentation via Email or sent via FedEx or UPS. All final documentation should be hand delivered or sent via FedEx or UPS. Optical media (CD/DVD) and hardcopy are acceptable form for final documentation. The Contractor shall ensure that all contract deliverables use font no smaller than 8 point with the exception of drawings, which shall use font no smaller than 1/8”. Manufacturer cut sheets and computer screen shots for training manuals are excluded from this font size requirement.

Project completion is defined as meeting all the requirements in the SOW, completing punch-list items, the acceptance and approval by the USG PM of all contract deliverables.

2.4.1. RFP Response

The Contractor shall provide a basic project plan as part of their RFP response. This project plan shall include at a minimum the proposed team and project schedule.

The Contractor shall develop and deliver a manufacturing bill of materials (BOM) that specifies each piece of equipment, software component and its associated labor factor.

The Contractor shall provide proof of certification and/or proof that they are authorized by the manufacturer to sell and configure the proposed system if it is a requirement of the proposed manufacturer.

2.4.2. Initial & Ongoing

The Contractor shall deliver to the USG PM an updated project plan and project schedule for the project within three days of NTP. The project schedule will identify each activity, its planned start date and duration, and any dependencies that affect the initiation or completion of each task. The project schedule shall utilize “Work Breakdown Structure” as this defines and groups the projects discrete work elements that organize and defines the total scope of work for the project. The project schedule shall incorporate at a minimum, all tasks and elements that are identified in the Performance Work Statement. After the initial review of the preliminary project schedule by the USG PM, the Contractor shall deliver a formalized project schedule to the USG PM within 10 days after NTP.

The Contractor shall update the project schedule weekly to reflect actual progress and shall submit to the USG PM by the first business day of each week by 11 AM ET. The Contractor shall send weekly project schedule updates until final training has occurred and been accepted. The Contractor shall use Microsoft® Office Project Version 2007 or newer to generate the project schedule, and shall deliver to the USG PM in .mpp format.

The Contractor shall coordinate scheduling of work with the USG PM.

The Contractor shall provide site access forms within three days of NTP for the PM, system administrator, and any other personnel needing access to the site.

2.4.3. Pre-Training

The Contractor shall provide to the USG PM, a block diagram that identifies the quantity, interconnections, and planned installation locations of all badge system devices. Examples of what may be included in the block diagram are server, workstation, controllers, power supplies, card readers, switches, printer, and any other devices directly associated with this contract. The Contractor shall also provide a list that identifies the quantity, manufacturer, and model number of each proposed piece of equipment and software component, and is directly correlated to the block diagrams for equipment listing by each system. The Contractor shall use font no smaller than 1/8” for the riser and block diagrams. This shall be provided before final training.

The Contractor shall provide to the USG PM, for review and approval 5 days prior to training, a training schedule and syllabus for the system training.

The Contractor shall provide five training binders for use during the training session and to be kept as reference after contract close-out. The binders should include all necessary documentation to operate the system from a User role and outside resources should not need to be referenced.

2.4.4. Pre-Testing

The Contractor shall develop and submit for review and approval a testing plan in accordance with the requirements in the SOW, five days prior to the commencement of final testing.

2.4.5. Final

The Contractor shall provide to the USG PM one hardcopy and one digital copy (in PDF format) an indexed binder for all hardware and software delivered with the contract. The binder shall include:

A list of all equipment items, in-service dates, software and equipment serial numbers, and warranties with effective dates

All manufacturer manuals, operating guides, and cut-sheets System configuration documents Training materials Final test results As-built block diagram All Manufacturers original software

2.5. Installation Preparation

The Contractor shall verify existing site conditions and requirements prior to installing cabling and equipment required for the badge system.

The Contractor shall notify the USG PM prior to the start of the project any conditions that may impact the project, equipment and schedule.

The Contractor shall coordinate scheduling of all work at the site with the USG PM.

The Contractor shall leave the site at the end of the day removing all trash and debris created by the removal of the existing security system and installation of the new security system. The Contractor shall dispose of all electronic badge equipment via an authorized electronics recycler.

2.6. System Testing

The Contractor shall install and configure all badge system devices in accordance with the requirements in the SOW prior to commencing the final testing on site.

The Contractor shall develop and submit for review and approval a testing plan in accordance with the requirements in the SOW, five days prior to the commencement of final testing.

If the USG PM notes any deviations from the SOW during or after testing, the Contractor shall bring into compliance with the SOW and testing shall commence again.

2.7. Project Delivery/Milestone Dates

The Contractor should complete all tasks; including meeting all required milestones and providing all deliverables as noted in the SOW, as specified in Table 1. The dates below, with the exception of final delivery, are projected dates and are estimates only and may change during the project. Final delivery of the completed contract is a contract requirement and is not to exceed 45 days past NTP.

Project Milestones Projected Timeframe

Contract Award (which is the NTP)

Project Plan to USG NTP + 3 Days

Revised Project Plan to USG NTP + 10 Days

Submission of Pre-Testing Documentation NTP +30 Days

Testing NTP + 40 Days

Submission of Final Project Documentation NTP + 41 Days

Contract Close-out NTE NTP + 45 Days Table 1: Estimated Project Milestone Dates

2.8. Hardware Installation Requirements

The Contractor shall provide and install all equipment and interconnecting cables in accordance with manufacturer’s specifications, National Electrical Code (NEC), local codes and best commercial practices.

2.9. System Training Requirements

The Contractor shall provide onsite training for up to five personnel designated by the USG PM in all facets of the operation and administration of the Security System, including, but not limited to:

Equipment Configuration Settings Operator Authorizations Badge Design, Production, Issuance and Cancellation Report Design and Production System / Database Backup Procedures, Establishing access levels

The Contractor shall provide onsite operator training at the installed location. The Contractor may adjust the training time in terms of duration (hours), but is expected not to exceed four hours.

The Contractor shall provide to the USG PM, for review and approval prior to training, a training schedule and syllabus.

3. Mobile Badge System Specifications

The intent of this solicitation is to provide a complete and usable mobile access control system for the USG’s construction site. The system will need to meet or exceed to the following specifications.

3.1. Workstation/Server

The Contractor shall provide, install, and configure one desktop style PC. The PC shall be configured to the following specifications:

Be of adequate performance to run the proposed software and hardware to meet this SOW and as recommended by the software/hardware manufacturer(s).

Be of medium performance government grade computer.

Have a monitor of at least 21”.

Be capable of being moved to another location without the assistance of a system admin or other certified professional, and without compromising any configuration or data stored on the machine.

Have a standalone licensed copy of Microsoft Windows and Microsoft Office with Word and Excel loaded.

Be supplied with a surge protection strip capable of protecting all system devices associated with the system.

Have read/write capability for CD and DVD media.

Be provided with all necessary peripherals to operate (keyboard, mouse, cables, cords…) Have a telephone modem and Ethernet network card for connecting to the internet.

Have capability to print and scan full color pages of a minimum of 8.5”x11” on standard copier paper and photo paper.

Have the capability to store scanned documents in JPG, PDF, and necessary format to use with badge software.

3.2. Badge System Software

The proposed system shall provide, install, and configure software that meets the intent of this RFP and is configured in a way that provides at a minimum:

Provide administrator privileges for all loaded software, operating system, and any other component supplied for the USG PM. The Contractor shall assign administrator and operator logons for the workstation and software.

Ensure that the administrator can export all databases in a delimited format.

Ensure that the database records all records associated with the cardholders and badge access for a minimum of two years before needing to be archived.

Ensure the ability to create up to 10 badge types that integrate cardholder information onto individually printed badges (such as picture, name, access level, and others as directed by the USG PM).

Develop, at a minimum, twenty-five cardholder data fields that will be defined by the USG PM.

Ensure that event records can be unambiguously tracked to specific cardholders. This can be accomplished by issuing unique identifiers to every cardholder (including visitors), by recording complete cardholder information in every event record, or other methods.

Be capable of storing and controlling a minimum of 10000 active cardholders with up to 3 badges each.

Ensure that for “Visitors” requiring a temporary access control card, the system provides for the issuance of a temporary badge to allow “Visitors” access to areas designated by the system operator(s).

Ensure that the system provides the ability to deactivate the visitor badge when the visitor returns the badge, or automatically at the end of a prescribed length of time, whichever occurs first.

Ensure that the system permanently and unambiguously record the issuance of visitor badges and all accesses made by the people to whom they were issued.

Configure the system to record all credentials presented to all mobile card readers. These records shall indicate whether access was granted or denied and the reason for denial.

Configure the system to notify the user if any attempt is made to use an invalid card on the system.

3.3. Enrollment Station

The Contractor shall provide, install, and configure enrollment and badge creation hardware for the design and printing of photo ID access control cards. The Contractor shall provide an enrollment solution that meets the following:

Ensure that the access control credentials are permanently printed directly on contactless smart cards.

Provide a high-resolution color digital camera of at least 8 megapixels and memory card of not less than one gigabyte. The camera should be capable of being connected to the computer by USB and will be used for badge photos as well as general construction documentation.

Provide a full color two-sided badge printer with printer supplies and fifteen hundred (1500) contactless smart cards. The printer does not need to be capable of laminating the badges.

3.4. Mobile Badge Readers

The Contractor shall provide, install, and configure three mobile badge readers that meet the following specifications:

Designed to be ergonomic and capable for one handed use by site security.

Capable of reading and verifying access credentials in less than four seconds from badge read.

Capable of storing all badge access events until synchronized with main database.

Capable of eight hours of use between charges with a recharge time of less than 4 hours Capable of notifying the user of badge validity Capable of operating without wires for badge verification at locations around site Provided with docking stations for charging and syncing with main database Capable of being used outdoors in varying weather conditions without degradation of usability.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 31-MAY-2012 1 REAL PROPERTY SERVICES FIELD

OFFICE

SHELLEY SPAYDE

300 SENTINEL DRIVE

SUITE 400

ANNAPOLIS JUNCTION MD 20701

410-854-0773 FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements AUG 1996 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 52.222-50 Combating Trafficking in Persons FEB 2009 52.252-2 Clauses Incorporated By Reference FEB 1998

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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:

1) Price

2) Technical Capability

3) Delivery

Technical and Delivery, when combined, are more important than Price.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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.

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.

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 Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA 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 this offer by reference (see FAR 4.1201), except for paragraphs ----------.

[Offeror to identify the applicable paragraphs at (c) through (o) 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 ORCA.]

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

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, 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 to paragraphs (c)(8) and (9): 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 in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture:__________ .] Each WOSB concern 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 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)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns 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) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( ) has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) 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)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

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

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

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

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

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --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 Act--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 Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-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, 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 Act-Free Trade Agreements-Israeli Trade Act.”

(ii) The offeror certifies that the following supplies…