Office of Personnel Management (OPM) Publicly Available Electronic Information (PAEI) Pilot
Office of Personnel Management, Office of Procurement Operations | Published July 12, 2016 - Deadline July 26, 2016
Title: Office of Personnel Management (OPM) Publicly Available Electronic Information (PAEI) Pilot Expected Post Date: July 12, 2016Expected Response Date: July 26, 2016Classification Code: NAICS Code: 561611 Investigation ServicesProcurement: Purchase Order for Commercial Services
Notice InformationAgency/Office: Office of Personnel Management (OPM) - Office of Procurement Operations (OPO) Contracting Group B (Boyers Group)Location: Fort Meade, Maryland Title: Office of Personnel Management (OPM) Publicly Available Electronic Information (PAEI) Pilot
Request for Proposals (RFP) Stipulations: This is a combined synopsis/solicitation for a commercial service prepared in accordance with Federal Acquisition Regulation (FAR) in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a SF 1449 will not be issued, in accordance with FAR 12.603(b).
The Solicitation number is: OPM1516T0005 and is issued as a Request for Proposals (RFP). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-88 dated May 16, 2016.
The North American Industrial Classification System (NAICS) code is 561611 and the small business size standard is $20.5 million. This procurement is solicited on a full and open basis to all qualified vendors.
In support of its mission, The U.S. Office of Personnel Management (OPM) will issue a contract to the offeror that represent the best value to the government. The contractor(s) shall provide all accommodations listed in the Performance Work Statement (PWS) with this solicitation under the resulting contract, see PWS detailed below. The period of performance is defined below.
Offerors can e-mail requests for additional information and questions which will only be accepted by Gabriel.Lansberry@opm.gov and Leslie.Henderson@opm.gov through 4:00 pm Eastern Daylight Time (EDT) July 19, 2016 via email only. Offerors are invited to submit their proposals to email@example.com and Leslie.Henderson@opm.gov in response to this notice no later than 4:00 p.m. Eastern Standard Time (EST) on July 26, 2016, to the contracting office via email only. Proposals submitted in either Word or Adobe PDF response to this notice shall include the solicitation number in the subject line and be signed, dated and submitted via e-mail to Gabriel.Lansberry@opm.gov and Leslie.Henderson@opm.gov.
Offerors are solely responsible for ensuring their offer is received at the designated place and time for receipt of offers.
NOTE: Communication with officials other than the contract specialist indicated above may compromise the competitiveness of this acquisition and result in the cancellation of the solicitation and/or exclusion of your proposal.
Statement of Work (SOW)
The Office of Personnel Management-Federal Investigative Services (OPM-FIS) conducts background investigations pertaining to Individual Subjects (Subjects) for the federal government. OPM-FIS is seeking a contract with a vendor for a pilot that will incorporate automated Publicly Available Electronic Information (PAEI) searches into the background investigation process. For the purposes of this pilot, PAEI is defined as any information that has been published or broadcast for public consumption, is available on request to the public, is accessible on-line or otherwise to the public, is available to the public by subscription or purchase, or is otherwise lawfully accessible to the public.
The U.S. Office of Personnel Management's (OPM) Federal Investigative Services (FIS) provides background investigation (BI) products/services to departments and agencies of the federal government. BIs are required to determine an individual Subject's eligibility for access to classified information, assignment to or retention in positions with sensitive duties, or other designated duties requiring such investigations. The investigations often involve personal and intimate details of the Subject's life and must be processed and conducted with tact and discretion. Information collected by the contractor, as part of the BIs, is protected under the Privacy Act of 1974.
C. Purpose and Scope
OPM-FIS conducts background investigations for the federal government. For the purposes of this pilot, PAEI is defined as any information that has been published or broadcast for public consumption, is available on request to the public, is accessible on-line or otherwise to the public, is available to the public by subscription or purchase or is otherwise lawfully accessible to the public. OPM-FIS is seeking to contract with a vendor who has documented experience in conducting automated PAEI checks for other federal government agencies to participate in a pilot that will incorporate PAEI searches into the background investigation process. The awarded contractor will have employees working on this pilot sign non-disclosure agreements.
1. DELIVERABLES • 400 PAEI reports delivered electronically that are in .pdf or .tif format compliant with requirements of this statement of work.• Metrics reports will be delivered at the end of each month.• Case level metrics will include:o Percentage of ‘no record' resultso Percentage of results with no reportable information (e.g., a record exists, but no reportable information as it does not meet an adjudicative guideline)o Percentage of cases with reportable information based on adjudicative guidelines aboveo Percentage of reportable information found per each adjudicative guidelineo Percentage of reportable information found per each website• Issue level metrics will include:o Total number of issues foundo Average number of issues found per investigation• Timeliness metrics to include average time required for each PAEI search from vendor's receipt of OPM-supplied data to delivery of PAEI report to OPM.• Contractor must provide customer with technical support ensuring successful exchanges of data files until all PAEI reports have been provided to OPM-FIS.• Contractor will provide a list of all key personnel affiliated with the PAEI project, including their resumes. The vendor must immediately notify OPM-FIS upon any changes in key personnel.• Signed non-disclosures in a format approved by OPM for all personnel working on the contract.
2. LABORThe contractor shall provide all labor needed for the performance of this contract except as otherwise set forth in this statement of work (SOW).
3. GOVERNMENT PROPERTY - LIFE OF CONTRACTThe government shall provide appropriate data so the contractor can perform the searches.
4. MATERIALSOPM-FIS will provide pertinent SF86 data to the PAEI vendor for processing via a secure automated interface provided by OPM with the files password protected. Data will be transmitted via secure, automated interface in the agreed upon format (e.g., .pdf, .tif, etc) on a mutually agreeable schedule. OPM-FIS will transmit the data, approximately 20-50 cases per week, for a period of up to one year. The vendor will transmit results of PAEI checks to OPM-FIS via a secure automated interface provided by OPM with the files password protected.
5. SECURE STORAGE FOR INVESTIGATIVE MATERIALSAll personally identifiable information (PII) on Subjects involved in this pilot will be handled and maintained in accordance with the Privacy Act and established System of Record Notices. PII will be exchanged with data providers only as necessary and in an approved secure manner. At no time will a commercial entity retain information used to conduct a check in association with this evaluation beyond the length of time required for billing purposes or by law.
The contractor is required to maintain strict security measures in all its operations and provide secure storage for investigative materials. Contractor facilities must have been inspected and approved by OPM for the handling and storage of investigative material. The contractor shall consider investigative material sensitive, unclassified material subject to the Privacy Act of 1974, but the investigative material shall be handled in a manner appropriate for sensitive information. Contractor, subcontractor and consultant personnel will comply with all applicable provisions of the National Industrial Security Program Operating Manual (NISPOM) and any revisions to that manual.
The contractor will delete or destroy all PII data and any data captured in PAEI reports upon receipt of the PAEI reports by OPM-FIS. The contractor will return the reports in a secure method outlined by OPM.
All contractor personnel affiliated with the PAEI product must sign an OPM-FIS non-disclosure agreement.
6. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLANThe government retains the right to perform a quality assessment of the contractor provided reports for accuracy and compliance with the requirements set forth.
7. QUALITYThe contractor shall conduct a pre-submission quality review of all reports to assure compliance with this statement of work.
E. Deliveries or Performance
PAEI reports from the contractor must be provided to OPM-FIS within three business days of receipt of required identifying data on the Subjects from OPM-FIS.
F. Contract Administration Data
1. LIMITATION OF TECHNICAL DIRECTION FROM THE CORa. Performance of work under this contract will be subject to the technical direction of the COR or a designated representative.b. Technical direction must be within the scope of Section D of the contract. The COR does not have the authority to issue any technical direction which:(1) constitutes a change of assignment of additional work outside Section D;(2) constitutes a change as defined in FAR clause 52.212-4, Contract Terms and Conditions -Commercial Items(3) in any manner causes an increase or decrease in the contract price or the time required for contract performance;(4) changes any of the terms, conditions or specifications of the contract; or(5) interferes with the contractor's right to perform under the terms and conditions of the contract.
2. CONTRACTOR'S INVOICESThe contractor can provide valid invoices monthly for work performed and accepted by the government for the duration of the pilot project. Invoices must be submitted following the procedures in OPM Clause 1752.232-70 (for large businesses) or 1752.232-73 (for small businesses).
3. CONTRACT TERMINATIONOPM agrees that if it exercises its right to terminate the contract pursuant to the provisions of FAR clause 52.212-4, Contract Terms and Conditions-Commercial Items, termination will not apply to scheduled work, which shall be completed no later than the due date of the case after the issuance of the Notice of Termination as specified at FAR clause 52.249-2(a).
G. Special Contract Requirements
1. CONTRACT TYPEThis contract is a firm fixed price contract, with 400 cases to be ordered for review under this pilot with an optional quantity of 400 additional cases.
2. NEGLIGENCE OR MISCONDUCT BY CONTRACTOR EMPLOYEES OR SUBCONTRACTORSa. Because this contract is essential to the national security of the United States, all persons performing work under this contract are held to the highest ethical standard. The contractor shall exhibit high ethical and professional standards as set forth in pertinent OPM guidance in the performance of all fieldwork performed under this contract. At OPM's discretion, any contractor personnel may be immediately suspended or terminated from this contract for any cause deemed detrimental by OPM.b. Contractor personnel are not government employees and do not represent a business concern or other organization owned in whole or in part by the government, or substantially owned by one or more government employees. At no time shall any contractor personnel represent themselves as a government employee. The government shall not be liable for actions of contractor personnel performing under this contract.c. If any action or misconduct by a contractor employee or subcontractor that might adversely affect:(1) the integrity of an investigative product or OPM's automated system; (2) OPM's access to source information; (3) a Subject or source's privacy rights; (4) the security of investigative material or OPM equipment or facilities; (5) the individual's basic suitability to perform work under this contract; or (6) workplace safety, is of concern to OPM. is discovered by the contractor, the contractor shall immediately notify OPM of the adversarial individual's identity, the nature of the alleged negligence or misconduct and any investigations that may require review and/or reopening.d. Each contractor personnel working on this contract must sign a non-disclosure agreement and provide it to the Contracting Officer prior to work on the contract.
3. REQUIRED INSURANCEa. The contractor shall be solely responsible for procuring and maintaining all necessary insurance and any other licenses, bonds or approvals that may be required by State and local laws to perform the duties described under this contract if such licenses, bonds or approvals have been or would be found to be applicable by a court of competent jurisdiction.
4. RESPONSIBILITY FOR LOSS, PERSONAL INJURY OF CONTRACTOR PERSONNELa. The government will not be responsible or held liable for any loss, damage, personal injury or loss of life of contractor personnel, not caused by the fault, negligence or wrongful omission of the government, its agents or its employees, occurring at any time such personnel are entering, exiting, using or occupying government property or facilities in performance of this contract.b. The contractor shall be liable and will indemnify and hold harmless the government, its agents and employees, against all actions or claims for damages to persons, property, including death not caused by the fault, negligence, wrongful act or wrongful omission of the government, its agents or employees. The contractor shall be liable and will indemnify and hold harmless the government, its agents and employees against all action or claims for all damages to persons or property, including death arising or resulting from the fault, negligence, wrongful act or wrongful omission of the contractor personnel in accordance with the Federal Tort Claim Act (28 U.S.C. 2671-2680).
5. ALL ITEMS TO BECOME PROPERTY OF THE GOVERNMENTa. Title to all materials and work in process acquired or produced by the contractor for performance under this contract and chargeable thereto as well as title to all source data information and materials furnished to the government, together with all plans, systems analysis and design specifications and drawings, completed programs and documentation thereof, reports and listings, all tapes, disk files and all other items pertaining to the work and services to be performed pursuant to the agreement, including any copyright, are the property of the government during the performance period of the contract, and will remain with the government upon completion of the contract. The government will have the full right to use each of these for its purposes without compensation or approval on the part of the contractor. b. All materials furnished to and/or maintained or developed by the contractor in connection with performing work under this contract, such as operational instructions, reference and training material, and investigative lead lists will be the property of OPM.c. Nothing under this clause shall relieve the contractor or the government of any of their respective rights or obligations under this contract.
6. DISCLOSURE OF INFORMATIONa. Except as otherwise specifically provided, any information made available to the contractor by the government will be used only for the purpose of carrying out the provisions of this contract. It will not be divulged or made known in any manner to any persons except as may be necessary in the performance of the contract or other OPM approved system.b. In performance of this contract, the contractor assumes responsibility for protection of the confidentiality of government records and will ensure that its subcontractors, employees and consultants will also protect the confidentiality of government records.
7. LIMITED DISTRIBUTION OF DATA AND INFORMATIONa. Performance of this contract may require the contractor to have access to or use data and information which may be considered restricted by other customers. Disseminating or using such data or information, other than in performing this contract, could be adverse to the interest of the government and others.b. Contractor personnel shall not divulge or release data or information developed or obtained in connection with the performance of this contract to anyone other than authorized OPM personnel.c. Except as otherwise agreed to with a data owner, the contractor shall not use, disclose or reproduce proprietary data belonging to other customers and which bears a restrictive legend, other than as specifically required in performing this contract. Nothing in this provision shall be construed as:1. precluding the use of any data independently acquired by the contractor without such limitation; and2. prohibiting an agreement, at no cost or other obligation to the government, between the contractor and the data owner providing for greater rights to the contractor.
8. CONFIDENTIALITY OF DATAa. It is anticipated that the performance of this contract will require the contractor to have access to confidential data and information. In order to protect the interests of the parties with respect to such information and data, the contractor agrees:1. not to disclose the above types of information and data without the written consent of the Contracting Officer; and2. to abide by the restrictive legends contained on any such data.
9. ORGANIZATIONAL CONFLICTS OF INTERESTa. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the contractor has disclosed all such relevant information.b. The contractor agrees that if an actual or potential OCI is discovered after award, the contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate or neutralize the actual or potential conflict.c. The Contracting Officer may terminate this contract for the convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Office, the government may terminate the contract for default, debar the contractor from government contracting or pursue such other remedies as may be permitted by law or this contract.d. The contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer.e. In the event that a requirement changes in such a way as to create a potential conflict of interest for the OPM will require the contractor and its employees to sign a non-disclosure form.
10. ACCESS TO CASE MATERIALa. OPM is responsible for the protection of its automated systems, the information processed by these systems and all investigative materials received, distributed or retained by FIS. To ensure fulfillment of this responsibility, OPM requires the contractor to adhere to all policies and procedures specified in the OPM-FIS Security Manual, NISPOM and OPM computer security policies.b. The contractor must be in complete compliance with all security requirements prior to starting work under this contractor and must maintain compliance throughout the life of the contract. c. If at any time during contract performance a contractor employee commits a computer security violation; OPM will immediately terminate the contractor's system access pending investigation. OPM may require the contractor to remove individuals from work on this contract, at any time, as a result of individual security violations. If at any time during contract performance it is determined that the contractor is not in full compliance with the security requirements of this contract, the government may immediately suspend performance under this contract and require the immediate return of all case materials to the government at full contractor expense. Any work suspension resulting from a security lapse will not be subject to equitable adjustment; all costs incurred shall be borne by the contractor.
11. FREEDOM OF INFORMATION/PRIVACY ACT PROVISIONSa. The contractor shall perform certain processes that must meet the requirements of OPM/Central 9 System of Records, "Personnel Investigation Records" (58 Fed. Reg. 19184 (1993)) to accomplish any agency function under the Privacy Act, see 5 U.S.C. 552a, 5 CFR Part 293. See also FAR Clauses 52.224-1 and 52.224-2. Violation of the Privacy Act may involve imposition of criminal penalties. These records are considered "agency records" subject to the Freedom of Information Act (FOIA). See 5 U.S.C. 552. These records may be released by OPM in accordance with applicable FOIA provisions.b. Safeguarding Information - OPM regulations require safeguarding information about individuals (see 5 CFR 293.106(b) and 293.107). The contractor shall provide acceptable secured capability for investigative materials. All materials, including investigative notes and computer files, must be locked in a secured area when not under the direct supervision of contractor personnel.
H. Period of Performance
The period of performance is one (1) year.
I. Instructions to OfferorsThe provision at 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition.
Addenda to 52.212-1:
1. Proposal Response Due Date
Proposals shall be received no later than 4:00 PM Eastern Daylight Time (EDT), July 26, 2016. Proposals submitted in response to this notice shall include the solicitation number in the subject line and be signed, dated and submitted via email to firstname.lastname@example.org and email@example.com. Offerors are solely responsible for ensuring their proposals are received at the designated time and place for receipt of proposals.
2. Proposal Submission InstructionsTechnical and Pricing proposals MUST be in two separate volumes- Each of the parts shall be separate and complete, so that evaluation of one may be accomplished independently of and concurrently with the evaluation of the others. If your technical and price proposal is not submitted in two separate files, your response to this solicitation will be considered non-responsive and withdrawn from consideration.
Responsiveness- Only those proposals that fully meet all the requirements as outlined in the PWS and that respond to the Instructions to Offerors will be considered responsive, which will receive further consideration and continue in this procurement action. All Non- Responsive offerors will not receive any further consideration and will be eliminated from this procurement action.
The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. A Table of Contents should be created. Files shall use the following Page Setup parameters:
Margins - Top, Bottom, Left, Right - 1"Gutter - 0"From Edge - Header, Footer - 0.5"Page Size, Width - 8.5"Page Size, Height - 11"
The following additional restrictions apply:
• Each paragraph shall be separated by at least one blank line. • A standard, 11-point minimum font size applies. • Tables and illustrations may use a reduced font size not less than 8-point and may be landscape.
Proposal page limits are as follows:
• Technical Proposal - 15 pages maximum• Price Proposal - no page limit
Proposals that exceed the page limits above will be considered non-responsive and will not be given any further consideration. Page numbers, headers and footers may be within the page margins ONLY, and are not bound by the font requirements. Company logos are prohibited with the exception of the Title Page. The page limits are applicable to graphs, tables, drawings and any other attachments submitted with the proposals and not specifically excluded by the solicitation. Any index, table of contents, glossary, company brochures, etc. will not be included in the maximum page limitation.
The technical proposal shall consist of a written response to each of the technical evaluation factors identified in FAR 52.212-2:- Factor 1: Past Performance- Factor 2: Knowledge and Application of the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information- Factor 3: Demonstration that the vendor is compliant with the Fair Credit Reporting Act
The price proposal shall consist of the following:- Submission of information as required per FAR 52.212-1(b)- Completion of Attachment 2 - Pricing Sheet- Completion of FAR 52.212-3, Offeror Representations and Certifications-Commercial Items
3. Communications and Questions
All communications and questions concerning this solicitation including requests for clarification shall be made in writing to firstname.lastname@example.org and email@example.com. All questions and OPM's response will be answered and provided to all offerors via posting on www.fbo.gov. Same/similar questions will be grouped together for a single response. Responses to questions will not reference the inquiring interested vendor.
The due date for communications and questions concerning this solicitation are due NO LATER THAN 4:00 P.M. Eastern Standard Time on July 19, 2016. Electronic submission of questions and comments shall be emailed to firstname.lastname@example.org and email@example.com.
For submission of questions and comments, refer to the specific text of this solicitation. Use the following header in the email subject line.
Subject: RFP No. OPM1516T0005- Office of Personnel Management (OPM) Publicly Available Electronic Information.
Reference: RFP Section , Paragraph(s) , Page(s) .
As soon as an offeror is aware of any problem or ambiguity in the specifications, terms or conditions, instructions or evaluation criteria of this solicitation, they must notify the OPM Contracting Officer listed above.
Note: Communications with officials other than the OPM Contracting Officer / Contracting Specialist may compromise the competitiveness of this acquisition and result in the cancellation of the solicitation and/or exclusion of your proposal. All communications MUST be in writing and submitted via email to the Contracting Specialist listed above.
J. Evaluation CriteriaThe provision at 52.212-2, Evaluation - Commercial Items, applies to this acquisition:FAR 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:Factor 1: Past Performance: demonstrates experience with other federal government agencies performing similar work within the last three years, to include samples of both a favorable and a non-favorable PAEI report that demonstrate requirements outlined in this document; demonstrates ability to accurately match Subjects with their on-line identity; demonstrates experience in providing secure receipt, retention and delivery of agency data resulting in securely delivered reports; and demonstrates the ability to protect the Subject's 1st amendment rights through proper reporting of the information per the requirements of this statement of work.
Factor 2: Knowledge and Application of the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information: demonstrates knowledge of the adjudicative guidelines; demonstrates how the adjudicative guidelines are applied in the final report ensuring reports only include relevant information as defined by the adjudicative guidelines.
Factor 3: Demonstration that the vendor is compliant with the Fair Credit Reporting Act
Factor 4: Price: will be evaluated to determine if it is: • Realistic for the work to be performed• A reflection of a clear understanding of the requirementsTechnical 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.
K. Applicable FAR Provisions and Clauses:52.252-2 -- Clauses Incorporated by Reference (Feb 1998)This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
____https://www.acquisition.gov/?q=browsefar______________52.212-4, Contract Terms and Conditions-Commercial Items (MAY 2015)(Incorporated by Reference)
Provisions and Clauses Incorporated by Full Text:52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
52.212-3 Offeror Representations and Certifications-Commercial Items (April 2016)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website 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 (r) 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."Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor."Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan;(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or(6) Have been voluntarily suspended."Sensitive technology"-(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-(i) To restrict the free flow of unbiased information in Iran; or(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"-(1) Means a small business concern-(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation."Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition."Subsidiary" means an entity in which more than 50 percent of the entity is owned-(1) Directly by a parent corporation; or(2) Through another subsidiary of a parent corporation."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."Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances."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 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 SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (r) 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 will be performed in the United States or its outlying areas. Check all that apply.(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o 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. (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. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.(d) Representations required to implement provisions of Executive Order 11246-(1) Previous contracts and compliance. The offeror represents that-(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and(ii) It □ has, □ has not filed all required compliance reports.(2) Affirmative Action Compliance. The offeror represents that- (i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.