W912LD-17-T-0035_w_CMRA_CLINs.docx

W912LD-17-T-0035

Section SF 1449 - CONTINUATION SHEET

Base Year GFEBS / AFCOS Coordinator

FFP

Base Year GFEBS / AFCOS Coordinator FOB: Destination

PURCHASE REQUEST NUMBER: 0011024730-0001

NET AMT

Option Year 1 GFEBS / AFCOSCoordinator

Option Year 1 GFEBS / AFCOSCoordinator

NET AMT

Option Year 2 GFEBS / AFCOSCoordinator

Option Year 2 GFEBS / AFCOSCoordinator

NET AMT

Option Year 3 GFEBS / AFCOSCoordinator

Option Year 3 GFEBS / AFCOSCoordinator

NET AMT

Option Year 4 GFEBS / AFCOSCoordinator

Option Year 4 GFEBS / AFCOSCoordinator

NET AMT

CMRA Admin Fee

Base Year Fee

NET AMT

FFP

Option Year 1 Fee

NET AMT

FFP

Option Year 2 Fee

NET AMT

FFP

Option Year 3 Fee

NET AMT

FFP

Option Year 4 Fee

NET AMT

PERFORMANCE WORK STATEMENT

Service Delivery Summary Statement Training Coordinator IA GFEBS / AFCOS

1.0 Organizational Analysis:

Army National Guard (ARNG):

Source: (http://www.arng.army.mil/) Vision is to be “Always Ready Always There” Mission:

· Federal: “Maintain properly trained and equipped units available for prompt mobilization for war, national emergency or as otherwise needed.”

· State: To provide trained and disciplined forces for domestic emergencies or as otherwise required by state law.

2.0 Technical Specifications:

The following technical specifications are provided to demonstrate the task environment in which the services will be delivered. The following specifications are not directives on how the services are to be provided but an example of what traditionally has been required to successfully support the task order objective. The contractor is encouraged to surpass the minimal technical specifications as well as to demonstrate technical, operational, and administrative expertise to support the customer in exceeding organizational objectives.

Description of Services: The Contractor shall provide professional support and business aid to the Rhode Island Army National Guard and provide training coordination support in the General Fund Enterprise Business System (GFEBS) and Automated Fund Control Order System (AFCOS) to facilitate the overall success of the GFEBS / AFCOS fielding process.

2.1.1.2 Maintain schedule of training events, such as state and regional training.

2.1.2 The objective of the GFEBS / AFCOS training coordinator shall be to assist with scheduling, tracking, and ensuring the proper personnel complete their required training.

2.1.3 In partnership with the site Point of Contact (POC) and the GFEBS / AFCOS deployment team, the training coordinator is responsible for coordinating, controlling, facilitating and reporting progress of the training. This includes verifying that users are assigned training correctly, handling logistical issues as training is delivered and reporting overall GFEBS readiness.

2.1.4 Types of Training: The training coordinator for the GFEBS / AFCOS training strategy shall track the training that shall consist of a blended training approach to provide users with the knowledge and skills needed to perform in GFEBS / AFCOS. Courses in the GFEBS / AFCOS curriculum are delivered by one of the following methods:

· Instructor-Led Training (ILT)

· Virtual Instructor-Led Training (vILT)

· Computer-Based Training (CBT)

· Train-the-Trainer (T3)

2.2.2 Prepare a wide variety of recurring and nonrecurring correspondence, reports, and other documents, review, and finalize correspondence/documents.

2.2.3 Establish and monitor suspense dates and provide proper notice to appropriate Government personnel on those that cannot be met or when there are conflicts.

3.1.1 Possess Army/Air National Guard experience/knowledge directly related to the requirements of the task order.

3.1.2 In order to successfully meet the performance objectives of this task order, the Contractor employee should possess the following knowledge/skills:

· Basic computer skills, familiar with Microsoft Windows and other Microsoft software applications, including MS Outlook, Word, and Excel

· Good communication (verbal/written) and interpersonal/professional skills

· Familiar with FAX machines/photocopiers; use of basic telephone communication equipment.

· Experience with the military (prior service, military family member, military volunteer)

· Capable of using the Internet

· Strong organizational and planning skills.

· Ability to plan, organize, and guide various personnel through training requirements.

· Computer programs applicable to the operation of the GFEBS / AFCOS including but not limited to:

a) General Web Page Use

b) Army Learning Management System (ALMS)

c) Army training Helpdesk (ATHD)

d) REMEDY (GFEBS online Helpdesk application)

e) GFEBS Governance Regulation and Compliance application (GRC)

f) Administration of Microsoft SharePoint calendars and document collaboration sites.

3.2 The contractor shall have working knowledge of regulations.

· GFEBS Training Coordinator Handbook www.gfebs.army.mil/training

· DFAS Manual 7097.01

· DFAS-IN Manual 37-100

· DFAS-IN 37-1 Regulation

· DFAS-IN 37-104-3 Regulation

3.3 Services will be monthly on site. Work hours may vary. Average 40 hours per week. Work hours and days of work may vary. Weekends may be required to work, with occasional evening hours. Flexibility with working schedule is mandatory.

3.4 Federal position, Training Coordinator IA. Location of performance shall be on-site at 2841 South County Trail, East Greenwich, RI 02818, Bldg. 235.

3.5 The contractor will be provided with adequate facilities located at 2841 South County Trail, East Greenwich, RI 02818, Bldg. 235; including a complete workstation and chair, computer, telephone, expendable supplies, computer hardware and software (and support), internet/intranet/Local Area Network (LAN) (and support) and use of a fax machine, copier and printer, mail service and postage. All Government furnished supplies and equipment shall be for official use only.

3.5.1 The contractor and Government representative shall conduct an inventory of all Government furnished equipment within ten days of commencement. The contractor shall sign a receipt for all furnished equipment. The contractor and Government representative shall determine the working condition of all equipment. The Government will replace and/or repair any item not in working order.

4.0 Security Requirements:

4.1 Contractor shall work with the Contracting Office for processing into the Contractor Verification System (CVS) for contractors requiring a CAC. A NACI is required and FBI fingerprint History Check must be completed.

4.2 AT Level I Training. All contractor employees requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee to the COR or to the contracting officer, if a COR is not assigned, within 7 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://atlevel1.dtic.mil/at.

4.3 Access and General Protection/Security Policy and Procedures. Contractor and all associated employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

4.4 iWATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 45 calendar days after contract award.

4.5 All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.

4.6 Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training.

4.7 All contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

4.8 The Contractor may have the need to access Personally Identifiable Information (PII) and/or For Official Use Only (FOUO) information in the performance of official duties. The Contractor shall work with the sponsoring office to complete local requirements, to include training, prior to accessing PII and/or FOUO information. PII and FOUO information must be protected under the Freedom of Information Act (5 U.S.C. 552) and/or the Privacy Act of 1974 (5 U.S.C. 552a). Unauthorized disclosure or misuse of FOUO or PII may result in disciplinary action, criminal and/or civil penalties.”

5.0 Miscellaneous:

5.1 The contractor is cautioned that if off-duty active military personnel are hired under this contract, they may be subject to permanent change of station, change in duty hours, or deployment. Military Reservists and National Guard members may be subject to recall to active duty. The absence of such employees shall not constitute an excuse for nonperformance under this contract.

5.2 Hours of Operation: The contractor shall perform the services required under this contract within core operating hours which are 0600-1430, Mon thru Fri.

5.3 Contractor Manpower Reporting (CMR): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the ARMY collection site. The contractor is required to completely fill in all required data fields using the following web ad-dress: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at http://www.ecmra.mil/.

Unit Identification Code (UIC) for the Requiring Activity: _W8BEAA________

Issuing Office DoDAAC: __W912LD___________________

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

23-SEP-2018

USP&FO-RHODE ISLAND

2841 S COUNTY TRL

EAST GREENWICH 02818

W567HR

23-SEP-2019

W567HR

23-SEP-2020

W567HR

23-SEP-2022

W567HR

23-SEP-2022

W567HR

23-SEP-2018

RICHARD KINNES, CW4

DATA PROCESSING

2841 SOUTH COUNTY TRL

EAST GREENWICH RI 02818-1728

401-275-4241

W567HR

23-SEP-2019

W567HR

23-SEP-2020

W567HR

23-SEP-2021

W567HR

23-SEP-2022

W567HR

CLAUSES INCORPORATED BY REFERENCE

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:

Proposal Evaluation Criteria – FAR 52.212-2 Evaluation – Commercial Items (OCT 2014)

This section is intended to explain the rationale and minimum criteria by which proposals will be evaluated by the Government. Offerors shall prepare proposals with these criteria in mind, both in terms of content and organization, in order to assist the Contracting Officer in determining the relative merit of proposals. Offerors are advised that they are not restricted in what is presented in their proposal as long as sufficient materials are provided to allow evaluation of specific elements of proposals as defined by the evaluation factors.

Note: The Government intends to evaluate proposals and award without discussions with offerors (except clarifications as described in FAR 15.306(a)) under FAR part 12 procedures with elements of FAR part 15. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

1. Evaluation Factors: Offerors shall address the following factors which will be evaluated in accordance with the evaluation criteria found in FAR Clause 52.212-2 entitled Evaluation-Commercial Items of this solicitation. 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: Technical capability and past performance, when combined, are significantly more important than price. Technical capability and past performance will be evaluated separately and the Government will assign each factor an adjectival rating as detailed in the combined technical/risk ratings in Table 1.

Factor 1, Technical Capability: The content of the Offeror’s proposal shall be in as much detail as considered necessary to reflect a clear understanding of the requirements detailed in the performance work statement and that the Offeror possesses the technical capability to perform all requirements.

Factor 2 Past Performances: Offeror’s shall submit to the contracting officer three (3) past performance references regarding contracts performed within the past five years, (including contracts on which the offeror is currently performing) that are similar to the requirement described in this solicitation. Government contracts are preferred but contracts with the private sector are acceptable. Evaluation of past performance will be based on performance documentation or any other pertinent information available to the Government. The Government reserves the right to consider the Offeror's past performance not specifically provided by the Offeror. The Government is seeking to determine whether an Offeror has consistently demonstrated a strong commitment to customer satisfaction and high performance of services. Failure to provide the required information to assist in such evaluation in the proposal may result in disqualification. The Government will assess the relative risks of performance. Performance risks are those associated with an Offeror’s likelihood of success in performing the contract requirements as indicated by that Offeror’s record of past performance.

The assessment of performance risk is intended to be the product of subjective judgment by the Government after it considers all available and relevant information. The Government will assess the relative risks of performance with each Offeror in the competitive range or may only assess past performance of the selected Offeror(s). The selected Offeror(s) must receive a rating of “acceptable” to be considered technically acceptable and eligible for consideration.

Offerors are advised that: (1) The Government reserves the right to obtain and utilize past performance survey information from references provided by the Offeror, as well as other relevant past performance information obtained from other sources known to the Government. (2) The Government may contact any or all references in the proposal and third parties (such as other customers or other Government contractors for performance information; (3) the Government reserves the right to use any such information received as part of its evaluation of the Offeror’s past performance; and (4) if the Offeror omits projects of which the Government evaluation team is aware or becomes aware, customer assessments may be sought from the relevant organization. Past performance information is an indicator of an Offeror's ability to perform the contract as required. The Government will examine and evaluate the Offeror’s past performance on the current and previous contracts that are similar to the requirement to be acquired by this solicitation.

Factor 3 Price Analysis

Price proposals will be evaluated for completeness and for the degree to which the prices are reasonable in relation to the solicitation requirements and demonstrate that the Offeror understands those requirements. Once all other factors have been satisfied, each qualified Offeror’s proposal will be compared to other Offerors’ proposed pricing. Price analysis will be performed based upon the pricing proposals submitted. The pricing information provided in the proposals will be the only information utilized for purposes of evaluation of price in the determination of the award. Please price the CMRA requirement within your proposal and not separately. All quoted pricing must be good for 60 days after the solicitation closing date.

2. 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.

PROPOSAL PACKAGE

Technical capability is not to exceed 5 pages. Resume of intended service provider must be provided. Resume not to exceed two pages and these two pages are not counted against your five page limit.

Past performance is not to exceed five pages.

Must provide a completed SF 1449. No need to provide copies of SAMs file as the government can research via your DUNs and CAGE Code. DUNs and CAGE needs to be on your cover page.

Be advised, this service requirement is for one service provider for a total of 1880 hours of effort over the course of one base year with four option years.

Proposal Package should be sent via electronic means.

There is an incumbent service provider. Their employer has graduated from the 8(a) program and not eligible for award. The incumbent has been under various federal contracts for fifteen years thus level of effort assumes a third week of vacation.

TABLE 1 – COMBINED TECHNICAL/RISK RATINGS

(End of provision)

Technical and past performance, when combined, are significantly 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) ALTERNATE I (OCT 2014)

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

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.