Solicitation_Newsletters_.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES19T0018 28-Mar-2019

b. TELEPHONE NUMBER

651-290-5422

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 11 Apr 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ES9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JUSTIN H ROSE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6783547814

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE B6H4300 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ENVIRONMTL & ECON ANALYSIS BRA

USACE - ST PAUL

180 5TH STREET E, SUITE 700

ST PAUL MN 55101-1638

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

511120

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF37

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ES19T0018

Section SF 1449 - CONTINUATION SHEET

SCOPE OF WORK

SCOPE OF WORK

“OUR MISSISSIPPI”- MISSISSIPPI RIVER BASIN

PUBLIC OUTREACH/CORPORATE COMMUNICATIONS CONTRACT

1. General Scope

A. General Information: Under this Scope of Work (SOW), the contractor will provide writing and editorial services for production of printed newsletter on the entire Mississippi River system, including the programs on the Upper and Lower River portions. This contract shall consist of all aspects in production (writing, editing, designing and artwork) and mailing 3 editions of the Corps of Engineers “OUR MISSISSIPPI” newsletter, inclusive of printing and distribution.

Option years to repeat the basic terms of the contract for an additional 2 years are at the discretion of the Government.

B. Location of Work: The primary work is located within the entire Mississippi River system.

Initial focus areas are in the states of Minnesota, Wisconsin, Iowa, Illinois, and Missouri. Work will also come from the lower Mississippi River region to the Gulf of Mexico. The primary work will be design work from remote areas and daily travel will not be needed to attend work group stakeholder meetings. All work group stakeholder meetings are to be phone in teleconference.

Quarterly newsletter initiation and brainstorming meetings will require travel to participate in, and facilitate discussions.

C. Study Description: Over the past 25+ years, efforts of the Upper Mississippi River District offices have resulted in the generation of enhanced public and stakeholder interest and participation in Corps initiatives. In 1991 quarterly mailings were to roughly 1,000 persons and has grown to over 20,000 persons with bulk distribution to 30,000 additional persons. The publications started as basic informational newsletters and have evolved into a very interesting, tabloid style, full color publication with information and facts from various angles from all around the Mississippi Valley region.

2. Services Required

All work shall be in accordance with requirements as specified in this Scope of Work.

A. The required work in this contract is to produce a professional newsletter that is consistent with the current “Our Mississippi” brand and promote/enhance that program.

The contractor will initiate, create, coordinate, conduct field investigations, write, design, layout, proof, arrange for comments, incorporate changes, finalize and print/distribute the OUR MISSISSIPPI newsletter to 20,000 addresses in the Mississippi Valley Division (MVD) mailing list and 30,000 pieces to another 350 locations in the Mississippi Valley region. There are an additional 10 distribution locations outside the region and 4 international shipments. The newsletter is to be produced and distributed quarterly

(spring, summer and fall only) starting with the first quarter after award of this contract.

The distribution dates are below to ensure time for shipping and mailing of the newsletters to their final locations.

Spring Newsletter – 15 June 2019 Summer Newsletter – 15 August 2019 Fall Newsletter – 15 October 2019

Opt. 1 Spring Newsletter – 15 May 2020 Opt. 1 Summer Newsletter – 15 July 2020 Opt. 1 Fall Newsletter – 15 September 2020

Opt. 2 Spring Newsletter – 15 May 2021 Opt. 2 Summer Newsletter – 15 July 2021 Opt. 2 Fall Newsletter – 15 September 2021

The Our Mississippi newsletter is a 12 page document (approximate word count is 11,000) to be created using environmentally friendly inks and paper. The artwork and photos (all created/taken/paid for by the Contractor) are to be high resolution, color items, and inserted electronically into the publication and follow the industry standards for printing and on-line publications.

B. During the execution of the work, the Contractor will consult with the Public Outreach

Team (PORT) team members to ensure the newsletter is consistent with the current message and theme (explained in paragraph C below) and to obtain required information pertinent to writing stories and articles for the newsletters. This may include travel to other Corps District offices within the location of work. The Rock Island District in Rock Island, IL is the most likely travel location but may include travel to a number of other Corps Districts. The newsletter will be comprised of several stories and articles, with creative and high quality graphics/photos, to be written and developed by the contractor. The template for the newsletter is to follow the past editions of OUR MISSISSIPPI newsletter and include similar design elements and cues to keep continuity for the reader. The consistent message, look, and feel are extremely important in the branding work that has been in place since 2008. The articles of the newsletter should be reflective of the Corps and Stakeholder needs and encompass a wide variety of activities relevant to the entire Mississippi River, including the Navigation and Ecosystem Sustainability Program (NESP), the Environment Management Plan (EMP), Mississippi River and Tributaries (MR&T) Regulatory, Operations and Emergency actions of the Corps of Engineers, plus activities of partner and stakeholder organizations along the Mississippi River from Minnesota thru Louisiana.

C. Contractor is responsible for the initial development of an idea list and the research and writing of magazine quality text that is accessible and interesting to the general public, but also sophisticated enough for lawmakers and long-time river interests represented to have their needs met. Some story source names will be provided by the Corps, but most of the idea and article development relies on contractor initiative, and a variety of sources representing collaboration will be expected for a given piece. Contractor is responsible for shooting and/or purchasing photography/art work and for securing high-resolution photography (if available) from the Corps or other relevant organizations / agencies.

Stories should strive for a timely hook, when appropriate, but also be written in a way timeless enough to keep them relevant through the three-month period during which each issue is in circulation. The story mix must support a watershed-wide approach to river sustainability now championed by the Corps and its partners but also a format established with earlier issues that includes segments such as: “My Mississippi” personality profiles, and educational but fun and graphically interesting Kids Page and multiple stories that connect to various Corps missions.

All story development and review will be agreed upon by the PORT team prior to start of work and final story development by the contractor. All development is to be consistent with the current Our Mississippi outreach program and the Corps of Engineers design standards. Each newsletter is subject to reviews conducted by the COR and study team members. These reviews will further refine the draft articles and help shape the final newsletter. The Contractor will be present for all draft review teleconferences and will be responsible for making all required changes to the newsletter to create the next version.

The review process is iterative and usually will require a minimum of three draft reviews and a maximum of five reviews. Changes and comments will be received in various forms from email and verbal. The Contractor is responsible for making all changes and rewriting the articles based on study team comments. The Contractor will respond in writing to all written comments received. The Contractor is responsible for proper grammar usage and assuring there are no spelling errors in draft versions of the newsletters.

D. The final draft of the newsletter will be approved by the COR in consultation with other internal Corps study members. Once the newsletter is approved for printing, a high resolution PDF of the final document will be emailed to the COR for final approval. The COR will have one day to review, make changes, and approve proof copy. If mistakes are found in the proof that are significant errors/omissions, corrections will be required and a new proof copy delivered to the COR for final approval. Proof copies can be overnight delivered using any overnight service.

The Contractor is responsible for the subsequent printing and distribution of 50,000 copies of the newsletter. The newsletter is to be printed on white, heavy paper, 14”x21” recycled paper, using soy ink in full color processing. Printing is a full bleed document. Printer plates are to be created at a minimum of 133 line screen resolution for maximum clarity. For mailing, the newsletter is to be folded in half, folded in half again, and tabbed on the center of the open end (same as shown on past newsletters).

E. The distribution is to be done using the U.S. Post Office, third class bulk rate mail (the piece does not qualify for bulk rate discounts). Two databases in Microsoft Excel will be provided by the COR prior to each mailing for the most current addresses. The list is currently at 50,000 addresses. The preferred mailing method utilizes ink jetting the addresses on the newsletters and presorting the newsletters before they are mailed to save the Government money. The newsletters must be post marked by the dates indicated in paragraph 4.A of this scope of work.

The Contractor will also distribute bulk mailings to the other District and Division offices involved in the study. All extra copies of the newsletter are to be mailed to the COR.

F. The final step in distribution of the newsletter is an electronic PDF version of the newsletter for use on the Corps Internet Web Page. This needs to be delivered to the COR within 2 days after each final newsletter is submitted. Both a high-resolution and low-resolution PDFs are required to be submitted.

3. Contract Pricing

The Contractor's pricing shall include all costs associated in the production of the newsletter, printing, postage and distribution. Including the cost of all data collection, writing, photos, artwork and editing of newsletter articles, travel, teleconferences, and associated costs to accomplish the work under the contract, except as may be otherwise specifically provided for in this contract.

4. Schedules and Submission

A. All work under this contract shall be completed and submitted in a timely manner to meet target distribution dates (located in 2A above) throughout the contract period. Work will begin as soon as the contract is in place. Work will conclude on 30 October 2019 (and 30 September 2020 and 2021 if options are exercised), so the contractor is expected to be ready and able to work efficiently and effectively to keep the tight schedule and avoid delays to the schedule.

1. The newsletter is to be in preliminary form at least two weeks before the target distribution date. Final draft newsletter shall be submitted one week before distribution date.

Proof copy of original being sent to printer shall be provided to COR 3 days prior to distribution date.

B. The COR will complete review and advise the Contractor of any required revision within one week after receipt of draft newsletters and two days after receipt of final proof newsletters.

C. The Contractor shall make required revisions in accordance with review comments of the COR or as coordinated with other authorized representatives of the Corps.

D. All general information, computations, graphs, computer and facsimile supplies, and other needs made under this contract shall be obtained by the contractor. The COR will assist in reviews and obtaining comments from internal Corps study members. All photographs, computer files, and data gathered for use in this contract become the exclusive property of the Government.

5. Coordination

During the progress of the work, the Contractor shall confer with the COR regularly to assure that the completed articles and draft newsletters meet the approval of the COR. The COR is authorized to call and check the progress of newsletters periodically. The contract price shall include attendance at meetings between the COR and the Contractor in St. Paul, MN, on site, to be called by the COR, (maximum of four meetings per newsletter) and such additional conferences in St. Paul and visits to the study area as the Contractor deems necessary for the proper execution of the work.

6. Data Provided by the Government:

The Government will provide the following for use by the Contractor in completion of the contract requirements specified above:

(a) The Government will provide background information, past newsletters from the UMR. All correspondence related to the UMR Corps programs and communications, past template information for newsletter layout/design, and current Excel database for mailing names.

(b) The Government will provide assistance for the clarification of information the contractor will gather during the story development and layout design elements and offer any other explanation, clarification where needed.

(c) The Government will provide meeting arrangements for all face-to-face meetings and call in teleconference numbers for all call in meetings with the entire team (one-on-one meetings and participation for writing stories and collecting data will not be coordinated by the Government).

7. Contractor Deliverables:

The contract shall provide to the St. Paul District via portable hard drive all artwork and images created under this contract.

(a) Newsletters printed in the quantity of 20,000 pieces to be ink jetted and mailed using the USPS, thru best practices.

(b) Newsletters bulk, in the quantity of 30,000 to some 350 locations, to be boxed and shipped using any common parcel carrier. A portion of this bulk delivery, approximately 8,000 pieces is to be boxed and divided equally to: the St. Paul District, the Rock Island District, the St. Louis District, the Memphis District, the Vicksburg District, and the New Orleans District U.S. Army Corps of Engineers.

(c) Electronic versions, both high-resolution print and web quality pdf files. The web file is to be in a flip booklet format so a typical E-reader can view pages separately and easily navigate thru the document.

NOTES TO OFFEROR

NOTES TO OFFEROR

E-MAIL ALL QUESTIONS to Justin Rose, Contract Specialist, at Justin.H.Rose@USACE.Army.mil

This is a 100% Small Business Set-Aside solicitation.

The Contractor’s quote shall contain sufficient information so that the U.S. Army Corps of Engineers (USACE) can determine that the vendor has a clear understanding of the requirements. The Contractor should be prepared to defend any discrepancies between the price quoted and a fair and reasonable estimate prepared by the Government.

ALL PRICING must be in whole penny amounts.

A completed SF 1449 must be sent or an acknowledgement of all terms, conditions, and amendments of the solicitation on company letterhead.

The Government reserves the right to reduce the number of offerors to those that have the best chance of obtaining the award for ease of evaluation purposes.

It is preferred that the quote is e-mailed to:

Justin Rose, Contract Specialist, Justin.H.Rose@USACE.Army.mil

The offeror may also submit the quote by mail / courier to the following:

USACE – ST PAUL

CONTRACTING DIVISION

ATTN: JUSTIN ROSE

180 5TH STREET EAST, SUITE 700

ST. PAUL, MN 55101-1678

NAICS CODE: 511120

OFFEROR SHALL BE REGISTERED IN SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Reps and Certs sections with the NAICS code applicable to the solicitation. For assistance with SAM, contact information is below:

SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET, U.S. Calls 866-606-8220, Service desk website: http://www.fsd.gov/

Minnesota PTAC (Procurement Technical Assistance Center), www.mnptac.org

612-332-6332, mnptac@mnptac.org

E-MAIL ALL QUESTIONS to Justin Rose, Contract Specialist, at Justin.H.Rose@USACE.Army.mil

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Set Spring 2019 Newsletter

FFP

50k Newsletter Distribution FOB: Destination

MILSTRIP: W81G6783547814

PURCHASE REQUEST NUMBER: W81G6783547814

NET AMT

0002 1 Set Summer 2019 Newsletter

FFP

50k Newsletter Distribution FOB: Destination

0003 1 Set Fall 2019 Newsletter

FFP

50k Newsletter Distribution FOB: Destination

1001 1 Set OPTION Spring 2020 Newsletter

FFP

50k Newsletter Distribution FOB: Destination

1002 1 Set OPTION Summer 2020 Newsletter

FFP

1003 1 Set OPTION Fall 2020 Newsletter

FFP

2001 1 Set OPTION Spring 2021 Newsletter

FFP

2002 1 Set OPTION Summer 2021 Newsletter

FFP

2003 1 Set OPTION Fall 2021 Newsletter

FFP

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 15-JUN-2019 1 ENVIRONMTL & ECON ANALYSIS BRA

USACE - ST PAUL

180 5TH STREET E, SUITE 700

ST PAUL MN 55101-1638

B6H4300

0002 15-AUG-2019 1 (SAME AS PREVIOUS LOCATION)

0003 15-OCT-2019 1 (SAME AS PREVIOUS LOCATION)

1001 15-MAY-2020 1 (SAME AS PREVIOUS LOCATION)

1002 15-JUL-2020 1 (SAME AS PREVIOUS LOCATION)

1003 15-SEP-2020 1 (SAME AS PREVIOUS LOCATION)

2001 15-MAY-2021 1 (SAME AS PREVIOUS LOCATION)

2002 15-JUL-2021 1 (SAME AS PREVIOUS LOCATION)

2003 15-SEP-2021 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

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

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

(1) Price

(2) Past Performance

(3) Technical Capability

a. Three (3) similar natural resource/travel related publications that show the contractor materially authored and had constructive control over editing, writing, and publishing a multipage color brochure, information paper, or newsletter within the past five (5) years since initial publishing;

b. One (1) example of large mailing distribution involving more than 10,000 pieces of mail that utilized bulk mail sorting methods and boxed courier delivery services. Example to explain the nature of the distribution and proof of bulk mail permit. Example to be within the past five (5) years from the solicitation date.

c. One (1) example of regional writing/publishing story materials within the Mississippi Valley

Region, including any state that borders the Mississippi River main stem from Minnesota to Louisiana. Example can be used for evaluation factor 2 above. Example must show that Contractor wrote and had material control over materials published. Example to be within the past five (5) years from the solicitation date.

Technical capability and past performance, 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 (OCT 2018)

ALTERNATE I (OCT 2014)

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

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

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

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

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

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

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

“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.

“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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

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

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

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

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

(d) Representations required to implement provisions of Executive 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:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(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 End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

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

Line Item No.: Country of Origin:

[List as necessary]

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

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

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

Other End Products

Line Item No.: Country of Origin:

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

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

(4) [ ___ ] Have, […