Combined_Synopsis_Solicitation_DAMS.docx

Combined Synopsis/Solicitation - US Army Heritage Education Center (USAHEC), Carlisle Barracks Pennsylvania for Digital Asset Management System (DAMS).

This is a combined synopsis/solicitation for the acquisition, interface access, and all other functions necessary to provide USAHEC a fully functioning DAMs. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Synopsis:

A requirement to provide for the acquisition, interface access, and all other functions necessary to provide USAHEC a fully functioning DAMs. Contractor will provide on-site training in all system functions access to all related documentation. Contractor is responsible for maintaining and operating the system for entirety of the contract performance period and will provide a direct phone number and email for service issues. Contractor shall provide 24/7 technical support.

The solicitation number is W91QF0-17-T-0245. The solicitation is issued as a request for quotation (RFQ) pursuant to FAR 13.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-83 effective 3 August 2015 and Defense Federal Acquisition Regulation Supplement (DFARS). The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil or http://www.acquisition.gov/far/.

This is a Full and Open Competition requirement. The associated NAICS code for this procurement is 518210 and the small business size standard is $32,500,000.00. Product Service Code is D325.

Quotes are due No Later Than (NLT) 19 June 2017 at 2:00 p.m. EST. Quotes shall be emailed to the POC’s for this requirement, Contract Specialist Edward Ruud, edward.a.ruud.civ@mail.mil and Contracting Officer Kevin Kauffman, kevin.l.kauffman.civ@mail.mil. All questions shall be submitted via e-mail to the POC’s for this requirement and they will be responded to on an amendment to this solicitation. Questions are due by 13 June 2017 at 2:00 p.m. EST. Questions received after this date/time may not be responded to.

Anticipated Period of Performance is 25 July 2017 to 24 July 2018 for Base Period with four, twelve (12) month option periods executable at the option of the Government.

All vendors submitting a quote must be registered in the System for Award Management (SAM).

The Description of all requirements are in the Performance Work Statement (PWS) to follow.

The following FAR clauses and provisions apply to this acquisition.

The provision at 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition (See Full Text Clauses to follow for Addendum)

The provision at 52.212-2, Evaluation -- Commercial Items, applies to this acquisition.

(See Full Text Clauses to follow for Addendum)

Quoters must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition.

Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449.

CONTRACT LINE ITEM NUMBERS (CLINs)

BASE YEAR

AMOUNT

Digital Asset Management Services

FFP

Base Year- Provide the US Army Heritage and Education Center (AHEC) a Digital Asset Management system (DAMS) in accordance with the Performance Work Statement.

FOB: Destination

AMOUNT

Contractor Manpower Reporting

Contractor Manpower Reporting Requirement. See Text. UIC W2H6AA. FSC D399

PURCHASE REQUEST NUMBER: 0010840628

OPTION YEAR 1

AMOUNT

Digital Asset Management Services OY1

Option Year 1- Provide the US Army Heritage and Education Center (AHEC) a Digital Asset Management system (DAMS) in accordance with the Performance Work

AMOUNT

Contractor Manpower Reporting OY 1

Option Year 1-Contractor Manpower Reporting Requirement. See Text. UIC W2H6AA. FSC

OPTION YEAR 2

AMOUNT

Digital Asset Management Services OY2

Option Year 2- Provide the US Army Heritage and Education Center (AHEC) a Digital Asset Management system (DAMS) in accordance with the Performance Work

AMOUNT

Contractor Manpower Reporting OY 2

Option Year 1-Contractor Manpower Reporting Requirement. See Text. UIC W2H6AA. FSC

OPTION YEAR 3

AMOUNT

Digital Asset Management Services OY3

Option Year 3- Provide the US Army Heritage and Education Center (AHEC) a Digital Asset Management system (DAMS) in accordance with the Performance Work

AMOUNT

Contractor Manpower Reporting OY 3

Option Year 1-Contractor Manpower Reporting Requirement. See Text. UIC W2H6AA. FSC

OPTION YEAR 4

AMOUNT

Digital Asset Management Services OY4

Option Year 4- Provide the US Army Heritage and Education Center (AHEC) a Digital Asset Management system (DAMS) in accordance with the Performance Work

AMOUNT

Contractor Manpower Reporting OY 4

Option Year 1-Contractor Manpower Reporting Requirement. See Text. UIC W2H6AA. FSC

PERFORMANCE WORK STATEMENT

US ARMY HERITAGE EDUCATION CENTER

CARLISLE BARRACKS PENNSYLVANIA

FOR

Digital Asset Management System

1.0 GENERAL: U.S. Army Heritage and Education Center (USAHEC) currently has a requirement for a Digital Asset Management System (DAMs), as an effective solution to store, organize, find, retrieve and share digital files.

2.0 SCOPE: The purpose of this contract is to provide for the acquisition, interface access, and all other functions necessary to provide USAHEC a fully functioning DAMs. Contractor will provide on-site training in all system functions access to all related documentation. Contractor is responsible for maintaining and operating the system for entirety of the contract performance period and will provide a direct phone number and email for service issues. Contractor shall provide 24/7 technical support.

3.0 BACKGROUND: U.S. Army Heritage and Education Center (USAHEC) at Carlisle, PA, an activity of the Army War College, educates a broad audience on the heritage of the Army by acquiring, preserving, and making available historical records, materials, and artifacts. Through its mission the AHEC educates the Army and the public on the central role of the Army in the growth, development, and protection of the Nation and its way of life.

4.0 SYSTEM REQUIREMENTS:

· Automated Quality Assurance/Quality Control for ingested/data-in-transit AND regular background/data-at-rest scans including: fixity, virus check, metadata integrity.

· Automated bulk ingest for ease of transfer with/between AHECs existing platforms and archival professions standard platforms such as: ContentDM, SharePoint, Bagit, Outlook.

· Generates unique item identifiers.

· Generates a dataset equivalent to Library of Congress’s PREservation Metadata: Implementation Strategies (PREMIS).

· Ability to automate certain preservation actions such as: schedule file migrations and set file paths.

· Supports/provides off-site storage backup location.

· Ability to build/maintain a contextual record hierarchy.

· Maintains relationships between objects, including metadata to object and objects in hierarchy.

· Link digital objects to accession records/legal transfer instruments/internal collection files, etc. without releasing internal chain of custody records to external customers.

· Ability to handle complex/embedded digital objects in context including: attachments, zip files, compiled databases.

· Supports the archival professional standard schemas such as: Encoded Archival Description (EAD), Resource Description and Access (RDA), Dublin Core, MAchine-Readable Cataloging (MARC).

· Supports digital format standards including: Open Archives Initiative Protocol for Metadata Harvesting (OAI-PMH), Extensible Markup Language (XML), Z39.50 communications protocol.

· Supports Dublin Core to MARC record crosswalk for the purpose of making information available in WorldCat.

· System allows for some form of user authentication.

· System actions are associated with a specific user and time stamped.

· User roles/access rights are able to be assigned in a granular fashion.

· Audit trail automatically generated/maintained for system actions, regardless if user or digital object is active/inactive.

· Upload/Deletion control - administrator verifies and reviews items before upload or deletion.

· Reports which distinguish between significant file actions (upload, move, rename, flag for deletion) and incidental actions (read-only access, background fixity check).

· Ability to receive active notification of significant file actions.

· Significant actions require some form of concurrence/affirmation, either automated or from another user.

· Ability to generate reports on demand for: fixity, virus check, metadata integrity, automated process results, system actions, audit reports, file types, space usage, etc.

· Automate some level of PII detection/ flagging.

· In system help file available.

· Has batch upload capability.

· The system shall allow system administrator to index the system when files are uploaded or imported, making them immediately available.

· Supports use of controlled vocabulary for metadata creation.

· Self Service tool to upload metadata.

· Supports global editing.

· Supports authority record creation and automatic authority record updates from both Library of Congress (LC) and Online Computer Library Center (OCLC).

· Optical Character Recognition (OCR) capable upon image and/or collection import/upload.

· "Out of the box" software. Little need for customization.

· Windows- or web-based interface for configuration and editing.

· Automated system software updates.

· System shall NOT require USAHEC staff to know any underlying programming language or re-write file code.

· System must be able to handle, at a minimum, the addition of 500,000 files over the course of the contract and provide a minimum storage capacity of 25 TB.

· Provides for search capabilities including: basic keyword, advanced Boolean, searches of specific Dublin Core metadata fields, and browsing.

· End-users’ will not be able to edit/change metadata or items at any level.

· 50 user licenses.

5.0 SERVICES – GOVERNMENT

5.1 Government will name a Technical Representative who will be the primary point of contact with the organization. Contracting Officer remains as the primary point of contact on all matters as it relates to the contract.

6.0 SECURITY AND INFORMATION ASSURANCE REQUIREMENTS:

6.1 The Vendor shall meet the evolving Information Assurance requirements published in AR 25-2 associated best business practices and other policy guidance as well as evolving Army standards for transmission and encryption.

6.2 The system/software configuration shall authenticate Staff user access to all systems with a minimum of a USERID and an authenticator -- if the system(s) is incapable of CAC/PKI authentication enablement until such time as the system can be configured with CAC/PKI authentication methods. NOTE: An authenticator may be something the user knows (password), something the user possesses (token), or a physical characteristic (biometric).The most common authenticator is a password.

6.3 The Vendor shall implement safeguards to detect and minimize unauthorized access and inadvertent, malicious, or non-malicious modification or destruction of data in accordance with AR 25-2. The Vendor shall record all successful and unsuccessful log-on attempts.

6.4 The Vendor shall provide physical security with limited access based on need and with monitoring of all hosts and subnets.

6.5 The Vendor shall ensure that system required client-side software installed on any USAHEC workstation has been approved for use by the Army IAW AR 25-1 (must have an approved Army Certificate of Networthiness on record, or have the ability to obtain an Army Certificate of Networthiness).

7.0 VENDOR QUALIFICATIONS:

7.1 Vendor shall demonstrate at least five years of experience producing/developing and/or providing SaaS (software-as-a-service) and 5 years’ experience providing Software as a Service (SaaS) for archival institutions and/or libraries.

7.2 Three (3) years’ experience working with technical infrastructure and programming methods necessary to design implement, sustain and maintain the Digital Asset Management System (DAMS).

7.3 Knowledge of the Archival business practices supported by a DAMS.

7.4 Technical support personnel must speak, read and understand English.

8.0 QUALITY CONTROL/QUALITY ASSURANCE: The Vendor is responsible for all quality control to assure the requirements of the contract are provided as specified. The Vendor shall provide hosted data to the government at no charge in the event of contract termination and/or at the expiration of this contract.

9.0 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: The Vendor shall furnish all supplies, equipment, facilities and services required to perform work under this contract.

a. DELIVERABLES:

(1) Documentation: The Vendor shall provide searchable corresponding and relative documentation for the Digital Asset Management System acquired that addresses the system’s architecture, how to upload/import data, create metadata, create the user interface, search and retrieve data, how to generate reports, etc.

(2) Data Conversion: The Vendor shall specify data load and conversion routine for startup and implementation of the Hosted Digital Asset Management System.

(3) Licenses: The Vendor shall provide software with a license to upload an unlimited number of items and a minimum of 25 concurrent staff users.

(4) Storage Space: The Vendor shall provide hosting services with a minimum of 500GB of available storage and will allow for a 30% increase of storage requirements on a yearly basis

(5) Maintenance: The Vendor shall provide the first year’s annual maintenance at no additional cost as it is to be included in the cost of the software license.

(6) Upgrades: Software/system upgrades shall also be included at no additional cost and completed with minimal disruption to hosted services.

(7) Data Rights: All USAHEC created data and data rights associated with this effort will be the property of the US Government.

b. TRAINING

(1) Initial System/Software Training: The Vendor shall provide initial on-site (multi-day) training regarding system functionality, data upload and conversion using USAHEC data.

(2) Follow-up training shall be made available face to face, on-line (e.g., webinar), self-paced tutorials, and/or updated documentation in conjunction with upgrades, new functionalities, etc.

10.0 GOVERNMENT FURNISHED ITEMS AND SERVICES:

10.1 The government shall be responsible for providing records in a tab-delimited format for batch importing of existing collection items and metadata using Microsoft Excel, Access or other common data programs that support export of data in delimited format.

10.2 The Vendor will receive a copy of the COR written designation which will specify the extent of the COR's authority to act on behalf of the Contracting Officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract unless prior approval is obtained from the Contracting Officer.

11.0 PERIOD OF PERFORMANCE: The period of performance is upon award for 1 year. Four one-year option periods could be exercised unilaterally at the discretion of the Government.

12.0 PLACE OF PERFORMANCE: The place of performance shall be at vendor location except for onsite training for AHEC staff.

DEFINITIONS AND ACRONYMS. List of pertinent Acronyms used in the PWS and definitions of terms.

· AR25-2 - Army Regulation 25-2 Information Management, Information Assurance. (www.apd.army.mil/pdffiles/r25_2.pdf)

· Audio and visual materials: Oral histories, historic films, lectures, etc.

· COR - Contract Officer Representative: An individual designated in Accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

· DA Pam 25-1-2 – Department of Army: Information Technology Contingency Planning. This pamphlet provides operational procedures and practical guidance to information technology (IT) contingency planning for Army organizations developing, using, or maintaining nontactical IT services, products, and support. IT contingency planning is general support systems and contingency plans for major applications and support systems. (www.apd.army.mil/usapa/epubs\pdf\p25_1_2.pdf)

· Dublin Core: The Dublin Core set of metadata elements provides a small and fundamental group of text elements through which most resources can be described and catalogued. (http://dublincore.org/).

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

The following FAR and DFARS clauses and provisions apply to this acquisition.

CLAUSES INCORPORATED BY REFERENCE

52.203-6

Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4707 and 10 U.S.C. 2402)

SEP 2006

OCT 2010

Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-10

52.204-19

52.209-6

52.209-10

Reporting Executive Compensation and First-Tier Subcontract Awards Incorporation by Reference of Representations and Certifications Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Prohibition on Contracting with Inverted Domestic Corporations

OCT 2015

DEC 2014

OCT 2015

NOV 2015

52.212-4

52.219-28 52.222-3 52.222-19 52.222-21 52.222-26 52.222-35 52.222-36 52.222-37

52.222-40 52.222-50 52.223-18 52.225-13 52.225-25 Contract Terms and Conditions--Commercial Items Utilization of Small Business Concerns Convict Labor Child Labor Prohibition of Segregated Facilities Equal Opportunity Equal Opportunity for Veterans Equal Opportunity for Workers with Disabilities Employment Reports on Veterans Notification of Employee Rights Under the National Labor Relations Act Combating Trafficking in Persons Encouraging Contractor Policies to Ban Text Messaging While Driving Restriction on Certain Foreign Purchases Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran

MAY 2014

JUL 2013

SEP 2013

JAN 2014

APR 2015

APR 2015

OCT 2015

JUL 2014

OCT 2015

DEC 2010

MAR 2015

AUG 2011

JUN 2008

OCT 2015

FEB 2013

52.232-39 52.233-2 52.233-3 52.233-4 52.242-1 Unenforceability of Unauthorized Obligations Service of Protest Protest After Award Applicable Law for Breach of Contract Claim Notice of Intent to Disallow Costs

JUN 2013

SEP 2006

AUG 1996

OCT 2014

APR 1984

DEC 1991

SEP 2011

252.203-7002

252.203-7005

252.204-7003 252.204-7008

252.204-7009

252.204-7011 252.204-7012

252.209-7004

252.213-7000

252.222-7007

252.225-7001 252.225-7002 252.225-7012

Requirement to Inform Employees of Whistleblower Rights Representation Relating to Compensation of Former DoD Officials Control of Government Personnel Work Product Compliance with Safeguarding Covered Defense Information Controls Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information Alternative Line Item Structure Safeguarding Covered Defense Information and Cyber Incident Reporting Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism Notice to Prospective Suppliers on Use of Past Performance Info Retrieval Sys Representation Regarding Combating Trafficking in Persons Buy American and Balance of Payments Program Qualifying Country Sources as Subcontractors Preference for Certain Domestic Commodities

SEP 2013

NOV 2011

FEB 2014

DEC 2015

DEC 2012

SEP 2011

DEC 2015

OCT 2015

JUN 2015

DEC 2012

AUG 2015

FEB 2013

252.232-7010 252.237-7010 Levies on Contract Payments Prohibition on Interrogation of Detainees by Contractor Personnel

DEC 2006

JUN 2013

252.243-7002 252.244-7000 252.247-7023 Requests for Equitable Adjustment Subcontracts for Commercial Items Transportation of Supplies by Sea

DEC 2012

JUN 2013

APR 2014

The following additional clauses/provisions apply:

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.212-1 Instructions to Offerors Addendum

INSTRUCTIONS TO OFFERORS

Submittal and Inquiries.

1. Offers shall be submitted electronically prior to the closing date and time identified on the solicitation, by email to the following address: Edward Ruud, edward.a.ruud.civ@mail.mil.

2. Electronic submissions by facsimile will not be accepted. Please note, the government contracting office building is closed on Holidays and Weekends.

3. The point of contact responsible for supplying additional information and answering all inquiries is the Contracting Officer by way of the Contracting Specialist. Address all questions or concerns the Offeror may have by emailing Edward Ruud, edward.a.ruud.civ@mail.mil and copying Kevin L. Kauffman, kevin.l.kauffman.civ@mail.mil All questions regarding this solicitation shall be submitted in writing. Telephone calls will not be accepted. Contractor questions will be answered by attachment to modifications to the RFQ.

QUOTE SUBMISSION

Volume 1:

This section shall include all other information to include acknowledgment of RFQ Modifications, Representations & Certifications, Exceptions, and any other information not applicable to Volume 2 or 3.

Volume 2:

Mission Capability/Past Performance:

Mission Capability should discuss how the contractor proposes to satisfy the task requirements of the PWS in sufficient detail to evaluate the contractor’s understanding of the requirement. The Mission Capability volume should personnel bios or any other required evidence for meeting the contractor qualifications. The Mission Capability volume should NOT contain any pricing information.

Past Performance: Quoters shall submit current and relevant information, e.g. contracts and/or subcontract work performed within the past three years for similar services. Quoters shall include the source of the information, e.g. points of contact, email addresses, and telephone numbers, the context of the data, e.g. type of contract, contract amount, period of performance, and comments on any performance problems encountered and the offeror’s corrective actions. Quoters with no prior government contracts or subcontracts may submit similar information for contract and/or other work performance with State and local governments, private industries, educational institutions and/or past Government service.

Volume 3:

Price Quote - The goal of this solicitation is to obtain services on a firm-fixed price contract, with bottom line prices annotated on the bid schedule. Quoter will submit total proposed price for completing required work inclusive of all costs associated with this requirement. Price shall be evaluated using price analysis techniques in accordance with FAR 15.404.

FAR 52.212-2 Evaluation-Commercial Items Addendum

The Government shall evaluate the quotes in accordance to Low Price Technically Acceptable (LPTA) evaluation procedures in accordance with FAR 15.101-2.

EVALUATION CRITERIA

1. The quotes will be evaluated under three (3) evaluation factors: Mission Capability, Past Performance and Price.

Factor 1: Mission Capability Factor 2: Past Performance Factor 3: Price

1. Factor 1 – Mission Capability. The Quote’s Mission Capability evaluation will evaluate the contractor’s level of understanding of tasks to be accomplished in accordance with the PWS and qualifications of the contractor in accordance with the PWS. To be considered Technically Acceptable vendor must demonstrate meeting the following Qualifications:

1. Vendor shall demonstrate at least five years of experience producing/developing and/or providing SaaS (software-as-a-service) and 5 years’ experience providing Software as a Service (SaaS) for archival institutions and/or libraries.

2. Three (3) years’ experience working with technical infrastructure and programming methods necessary to design implement, sustain and maintain the Digital Asset Management System (DAMS).

3. Knowledge of the Archival business practices supported by a DAMS.

4. Technical support personnel must speak, read and understand English.

The Mission Capability Factor will receive a rating of “Acceptable” or “Unacceptable” defined below.

Table 1. Acceptable/Unacceptable Ratings

2. Factor 2 - Past Performance. The Past Performance evaluation will assess the quoter’s probability of meeting the solicitation’s requirements as indicated by that quoter’s record of past performance. Past Performance is assessed at the factor level after evaluating aspects of the quoter’s recent past performance and focusing on performance that is relevant to the supplies/services being procured under this solicitation. Quoters are cautioned that in conducting the performance risk assessment, the Government may use data provided in the quote and data obtained from other sources, such as the Past Performance Information Retrieval System (PPIRS) or similar systems and State Department Watch Lists. Three past performance references for similar services performed within the last three (3) years are required to be submitted. Past performance areas of evaluation include:

4. Business Relations

5. Quality of Service

6. Schedule

7. Customer Satisfaction

(a) Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

(b) Relevancy Assessment. To be relevant, the effort must be similar in nature of work, size, and complexity. The Government will conduct an in-depth evaluation of all recent performance information obtained to determine if it is the same or similar in nature of work, size, and complexity to the services/products being procured under this solicitation. Recent past performance is defined as not more than three (3) years from the solicitation release date; relevant in terms of similar nature of work, size and complexity.

The Past Performance Factor will be assigned one of the ratings defined below.

Past Performance Evaluation Ratings

Note. In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably, or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

3. Factor 3 - Price. Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 15.404-1(b). Through these techniques the Government will determine whether prices are reasonable, complete and balanced. Price will be evaluated on total contract price basis to include base and all option periods.

Unbalanced Pricing may be evaluated in accordance with FAR 15.404-1(g), as applicable, to assess potential performance risk which could result in unreasonably high prices.

Reasonableness. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

Completeness/Accuracy. The offeror’s proposal is in compliance with the Price Volume instructions in the RFQ if all line items are addressed.

52.212-3: Offeror Representations and Certifications -- Commercial Items (Dec 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 accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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 Federal Supply Classes (FSC) 1000-9999, except—

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

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

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

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

(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…