RFQ_Fire_Safety_Surveys.pdf

General Services Administration

Public Buildings Service - Northwest/Arctic Region 10 Design and Construction Division (10PC)

REQUEST FOR QUOTES (RFQ): 10-PME-14-0016

Issue Date: September 5, 2014

Your firm is invited to submit a quote to Fire and Safety surveys in multiple locations in Washington, Alaska and Idaho as outlined in the Statement of Work (SOW) and in the CLIN structure. GSA requests that your firm provide technical information and a complete quote for this project for a period of performance not to exceed 90 calendar days effective date of the contract. The Request for Quote (RFQ) form and instructions are enclosed for your use. Quotes are due on September 12, 2014 at 2:00 pm (Pacific Time Zone). Please email your quote and direct all inquiries to the following (Faxes will not be accepted):

Contract Specialist: Amanda Rinkel General Services Administration, Public Buildings Service Acquisition Solutions Branch (10PCQ) 400 – 15th Street SW Auburn, WA 98001-6599 Phone: 253-931-7776, EMAIL: Amanda.Rinkel@gsa.gov

**This acquisition is a total 100% Small Business Set-Aside**

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format 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 written solicitation will not be issued.

ACQUISITION MILESTONES/SCHEDULE (Estimated) 09/04/2013 RFQ Issued 09/12/2013 Technical Information and Price Quote Due 09/15/2013 Contract Award 09/15/2013 Notice to Proceed Final Reports Due 10 Working Days from Completion of Survey(s)

Checklist of items to submit:

PDF Document One:

• Technical Information Letter

• Qualifications of Contractor Personnel o Resumes o Certificates

• Past Performance On Similar Projects

PDF Document Two:

• GSA300, Order for Supplies and Services

• Schedule of prices/Bid Sheets mailto:Amanda.Rinkel@gsa.gov

TABLE OF CONTENTS

SECTION CONTENT

1.0 INSTRUCTIONS

2.0 TECHNICAL INFORMATION REQUIREMENTS

3.0 PRICE INFORMATION REQUIREMENTS

4.0 RESERVED

5.0 COMMUNICATION AND REVISIONS

6.0 SECURITY REQUIREMENTS

7.0 TERMS AND CONDITIONS

ATTACHMENTS:

Attachment 1 GSA 300, Order for Supplies and Services and CLIN Structure

Attachment 2 Statement of Work (SOW)

Attachment 3 List of Buildings – Fire and Safety Surveys

Attachment 4 NFPA 101A FSES Form

Attachment 5 Survey Worksheet

Attachment 6 – GSA Form 3559

Attachment 7 GSA Form 3559b

Attachment 8 GSA PBS Order 3490.1

Attachment 9 Security Desk Guide

GSA will be accepting technical documentation and quotes for various locations in Alaska (CLIN 0001), Eastern Washington (CLIN 0002), and Western Washington (CLIN 003) with the intent to award one to three contracts. Contractors are asked to provide itemized pricing for each group they are quoting for. Fire and Safety Surveys is at various locations as outlined in the Statement of Work (SOW) and List of Buildings – Fire Safety Surveys

1.0 INSTRUCTIONS

1.1 GSA will be accepting quotes for Fire and Safety Surveys at various locations as outlined in the

Statement of Work (SOW) and List of Buildings – Fire and Safety Surveys.

1.2 The period for government acceptance of the quote is 60 days following the RFQ due date.

1.3 These services are being procured as a Request for Quote (RFQ) as authorized by parts 12, 13 and/or 15 of the Federal Acquisition Regulation (FAR) and the General Service Administration Acquisition Manual (GSAM) located at: http://www.arnet.gov/far and http://www.arnet.gov/GSAM/gsam.html.

1.4 The Government intends to award to the offeror providing the technically acceptable and lowest price. Selection of the firm will be based on the following evaluation factors located in paragraph 2.3.

1.5 This request for quote does not commit the Government to award a contract or to pay any costs incurred in technical information and quote preparation.

1.6 The government will evaluate the quality and extent of the offeror’s experience relevant to the requirements of this RFQ. The government reserves the right to consider other sources of information such as current and past procurements, other federal agency contracts, commercial sources, and the Past Performance Information Retrieval System (PPIRS). The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirements, when such information is relevant to the acquisition.

1.7 Technical Information will be evaluated separately from the price quote by a technical team and should be clearly labeled as the “Technical Information”. Price shall not be discussed in the technical information package.

1.8 Interested firms are cautioned to submit adequate and sufficient information to enable the Government to fully ascertain its capability to perform all of the requirements of this acquisition.

The data submitted with each proposal should be complete and concise but not overly elaborate.

1.9 Interested firms are cautioned to submit adequate and sufficient information to enable the Government to fully ascertain its capability to perform all of the requirements of this acquisition.

The data submitted with each proposal should be complete and concise but not overly elaborate.

1.10 Per FAR Part 52.204-7 System For Award Management (July 2013), (b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, http://www.arnet.gov/far http://www.arnet.gov/GSAM/gsam.html basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

2.0 TECHNICAL INFORMATION REQUIREMENT

2.1 Submit your Technical Information, to the GSA Contract Specialist, Amanda Rinkel via email to amanda.rinkel@gsa.gov, no later than September 12, 2014, 2:00 PM Pacific Time Zone. The offeror’s name, address, phone number, fax number, email address, date of submission, RFQ number, company CAGE Code and Duns number shall appear on the cover letter to be evaluated.

2.2 The Offeror shall submit their written technical information and price quote with the following table of contents:

• Cover Letter (No more than 1 page)

• Technical Information (Factor 1 – Pricing shall not be mentioned) (No more than 3 pages)

• Resumes of Key Personnel (Factor 2 – No more than 2 pages per individual outlining their qualifications)

• Past Experience Information Sheets (Factor 3 – Use provided attachment template)

2.2 Evaluation Factors:

Factor 1. Technical capability to meet the Government’s Requirement:

a. The term “technical,” as used herein, refers to non-price factors other than past performance.

More than one “technical” factor can be used and titled to match the specific evaluation criteria appropriate for the RFQ. The purpose of the technical factor is to assess whether the offer will satisfy the Government’s minimum requirements.

b. Provide (limited to three pages, each side of a sheet of paper constitutes one page) a written explanation describing:

1) Offerors must state whether they have the knowledge and ability of the requirements for fire safety testing and reporting.

2) How the Offeror intends to comply with the Statement of Work (SOW) and supply of all required documentation herein.

3) The Offeror shall “confirm that they understand the complexity and nature of the requirement, and are fully capable of providing the contracted service.”

4) This requirement is a small business set-aside, the Offeror shall confirm that they have the personnel and financial capability/capacity to perform the contract in accordance with FAR 52.219-14 -- Limitations on Subcontracting. Specifically addressing “(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.”

mailto:amanda.rinkel@gsa.gov

c. Technical capability will be rated on an “acceptable” or “unacceptable” basis using the ratings in Table A-1:

Table A-1. Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

Factor 2 – Qualifications of Key Personnel (No more than 2 pages per individual)

a. Any individual(s) proposed for performing the Fire Safety Surveys shall be a Registered Fire

Protection Engineer with a minimum of 10 years experience, or a minimum of 10 years experience in the 804 series within the Federal Government. Offeror is required to submit certificates, resumes, and show documentation of past experience.

b. The quotor shall identify key personnel, explain the roles and responsibilities, and provide resumes exhibiting the qualifications and experience of each key person. Resumes shall document 10 years of experience within the last 10 years. Please include information on certifications, education, training and longevity with the firm.

c. Qualifications of Key Personnel will be rated on an “acceptable” or “unacceptable” basis using the ratings in Table A-1:

Table A-1. Qualifications of Key Personnel Acceptable/Unacceptable Ratings Rating Description Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

Factor 3. Present/Past Performance

a. Provide a minimum of two references (i.e., name, title, telephone phone number, and project title/description) who can verify that YOUR company provided recent devices and required attachments of similar scope and complexity as required herein. "Recent" is defined as "within the past three years.” Past Performance references may be contacted.

The Government may also consider any additional past performance information that is available. Offerors are reminded that, while the Government may elect to consider data obtained from other sources, the burden of providing thorough and complete performance information rests with the Offeror.

b. The past performance assessment will be evaluated using information gleaned from the references provided by the Offeror, as well as any other information available to the Government to include, but not limited to the Past Performance Information Retrieval System (PPIRS) and Federal Awardee Performance and Integrity Information System (FAPIIS). If all references do not return the attachment, the government may rate past performance based on the available information or may decide there is insufficient information and assign a neutral rating.

c. Present/Past Performance will be rated on an “acceptable” or “unacceptable” basis using the ratings in Table A-2:

Table A-2. Present/Past Performance Evaluation Ratings Rating Description

Acceptable

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.).

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror 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 offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Factor 4: Price. Price will not be rated. Submit pricing for all Contract Line Item Numbers (CLINs). Provide total pricing for the entire offer.

Price will be evaluated using various price analysis techniques and the following:

Total Price: The total price is the sum of the prices for all the Contract Line Items (CLINs) of this solicitation.

This solicitation will be evaluated using the methodology of Lowest Price Technically Acceptable (LPTA). The award will be made to that offeror that receives the following rating:

Factor 1 Technical Capability – Acceptable Factor 2 Qualifications of Key Personnel – Acceptable Factor 3 Present/Past Performance – Acceptable Factor 4 Price – Lowest priced offer after successful Factors 1-3 evaluations.

3.0 PRICE INFORMATION REQUIREMENT

3.1 Offeror shall submit pricing on the attached SF Form 18, Request for Quotation, and Bid

Schedule. The contents of the quote shall include a breakdown of lump sum prices which shows the total level of effort with all associated travel costs shown separately. Travel costs shall not exceed the Federal Travel Regulations (FTR) rates for the applicable geographical location.

4.0 RESERVED

5.0 COMMUNICATIONS AND REVISIONS

5.1 Contractors are cautioned to submit sufficient information and in the format specified in the instructions. Contractors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the contractor has not previously had an opportunity to respond. Communications may be conducted to resolve minor or clerical errors and the Government reserves the right to award a contract without the opportunity for quote revision.

5.2 The Government intends to award based on initial offers, however, reserves the right to conduct fact finding or communication sessions if the Contracting Officer later determines them to be necessary. If communication sessions are conducted, the means and methods (e.g., in person, telephonic, written) will be determined by the Contracting Officer. This may result in a request for revised price. If final price revisions will be required for award determination, at the direction of the Contracting Officer, the offeror shall then submit their Final Price Revision (FPR) for evaluation. Final selection and award will be made by the Contracting Officer to that offeror that is determined technically acceptable and lowest price.

6.0 Security Requirements

6.1 Suitability Determinations- Security, Technical or Environmental Requirements

(a) All contract employees requiring routine unescorted access to Federally-controlled facilities and/or information systems for more than 6 months (Regular Employees) will be required to undergo a suitability determination before a facility identification card is issued. Prior to the time that an identification card is issued, such Regular Employees will be required to comply with established facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

(b) Failure of a Regular Employee to receive a favorable suitability determination shall be cause for removal of the employee from the work site and from other work in connection with the Contract.

(c) Contract employees working less than 6 months (Temporary Employees) may, at the Government's option, be required to undergo a lesser form of suitability determination.

Prior to the time that an identification card is issued, if at all, such Temporary Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

(d) Temporary Employees who have not received a favorable suitability determination shall be escorted at all times while in non-public space, as directed by the Government.

(e) The Government, at its sole discretion, may grant temporary suitability determinations to Regular or Temporary Employees. However, the granting of a temporary suitability determination to any such employee shall not be considered as assurance that a favorable suitability determination will follow.

(f)The Contracting Officer or his/her designated representative shall provide the Contractor with required forms for obtaining necessary clearances. The Contractor shall be required to cause such forms to be returned to the Government for processing not later than 14 days following being provided by the Government.

(g) The Contractor shall be responsible for planning and scheduling its work in such a manner as to account for facility access issues. Difficulties encountered by the Contractor in gaining access to facilities by its employees and subcontractors shall not be an excuse to any Contractor performance under the Contract.

6.2 Clearance of Contract Employee Personnel –

(a) Overview. Homeland Security Presidential Directive-12 “Policy for a Common Identification

Standard for Federal Employees and Contractors” (the Directive) became effective August 27, 2004. The contractor shall comply with guidance concerning implementation of the Directive provided by the contracting officer or his/her designated representative.

(b) Submission of Forms. Following award, the Contractor shall submit the following forms and information for each contractor employee who will require access to Federally-controlled facilities and/or a Federal information system in performance of the contract. (See Security Clearance Desk Guide

– External Contractor)

NOTE: The clearance process is determined by the time that the contractor is required to work on the contract, not on the performance period itself.

Long term Clearance: Contractors working on a GSA contract for more than 6 months or any contractor requiring access to the federal information network.

Packet requirements:

� Contractor Information Worksheet (CIW) [to be provided after award of Task Order] for each employee

� SF85 via e-QIP invitation � OF306 Declaration of Federal Employment � FD-258 fingerprint cards

All forms must be typed and printed. Actual signatures are required (not printed). The OF306 Form is fillable but cannot be saved. Fill out and then print.

INSTRUCTIONS TO CONTRACTOR EMPLOYEE:

• Complete CIW: Sections 1 and 2 of Contractor Information Worksheet (CIW), verify all other portions completed.

• Complete OF 306: Items 1-6, 7a-7c, 8, 9, 10, 11, 12, 13, 16, and 17a.

• Sign and date 17a on the OF 306

Note: The Items noted above are REQUIRED TO BE COMPLETED.

Short term Clearance: Contractors working on a GSA contract for less than 6 months.

Packet requirements:

� Contractor Information Worksheet (CIW) [to be provided after award of Task

Order] for each employee � OF306 Declaration of Federal Employment

� Addendum to the OF 306, Item 16 � FD-258 fingerprint cards

All forms must be typed and printed. Actual signatures are required (not printed). The OF Forms are fillable but cannot be saved. Fill out and then print.

INSTRUCTIONS TO CONTRACTOR EMPLOYEE:

• Complete CIW: Sections 1 and 2 of Contractor Information Worksheet (CIW), verify all other portions completed.

• Complete OF 306: Questions 1 – 6 and sign and date 17a.

• Complete Addendum to the 306: Question 16B and 16D (if applicable) 16F (if applicable), and 16G (if applicable).

NOTE 306 FORM: CONTRACTOR EMPLOYEES ARE NOT APPLYING

FOR FEDERAL EMPLOYMENT. (*This form is being used to assess fitness for federal contract employment)

NOTE: FD 258, Fingerprint Card (1 set if electronic, 2 if manual ink)

(c) General Description of the Clearance Process

i. The Department of Homeland Security, Federal Protective Service on behalf of

GSA completes the clearance process investigations. The checks include an NCIC "QH" criminal history index query, state criminal history record, FBI number, name, fingerprint check, terrorist watch list and OPM security/suitability index. In addition, for contractors working more than six months the Office of Personnel Management will request written inquiries for education, residence, and personal preferences.

ii. Upon receipt of either the completed CIW or the sealed envelope containing the required forms, the Contracting Officer or his/her designated representative will forward each clearance package to the GSA Security Office for initial processing. (NOTE: If utilizing the e-QIP process, an email invitation will be sent to the Contractor via the email address obtained in the CIW. The contractor employee will be required to complete the SF85 via the e-QIP and then submit the required forms (i.e. e-QIP signature pages, 306 form, fingerprints cards, etc.)

separately).

iii. If the checks are favorable upon initiation of preliminary findings, the contractor employee may be granted access to federally controlled facilities and federal information systems. This process takes approximately (10) business days but could take longer.

iv. National Agency Check with Written Inquiries and Credit (NACIC). For contractor employees whose work requirements are more than six months they will receive a favorable initial checks as described above, a National Agency Check with

Written Inquiries (NACI) will be initiated. The NACI check includes record searches with selected sources covering specific areas of the employee’s background including credit, and written inquiries covering specific areas of the employee’s background during the past 10 years. This process takes approximately six months but may take longer. During this investigative period, the contractor employee is required to complete any requested clarification received from the Department of Homeland Security, Federal Protective Service.

Failure to do so will result in revocation of the preliminary favorable finding.

(d) Issuance of Identification Credential. Upon receipt of a preliminary favorable background check, each contract employee may be issued an identification credential in accordance with the federally-controlled facility procedures and be granted full access to those Federal information systems necessary to accomplish the contract. The contractor shall ensure that all contract employees visibly display their credentials in accordance with facility procedures. The contractor shall also ensure that such credentials are returned to the government as contract employees are dismissed or terminated, and upon expiration of the contract.

(e) Unsuitable Employees. If the Contracting Officer or his/her designated representative receives an unsuitable report on any prospective contractor employee, or if the Contracting Officer or his/her designated representative finds a prospective employee to be otherwise unsuitable or unfit for his assigned duties, the contractor shall be advised immediately by the Contracting Officer or his/her designated representative that such employee will not be allowed to work under the contract. The contractor must then take action to remove the employee from the GSA contract.

6.3 Compliance with Security Requirements

(a) The Contractor shall comply with all GSA and tenant agency security requirements in the building(s) where work is being performed.

(b) When a controlled personnel identification access system is used by a tenant agency at a site where work is performed, the tenant agency will be responsible for providing any required access credentials. Credentials shall be displayed at all times or as otherwise required by the tenant agency.

6.4 Identification Credential

(a) Upon receipt of a favorable suitability determination, each Regular or Temporary Employee shall be issued an identification credential (Credential) permitting regular access to the building(s) were work is being performed.

(b) Regular or Temporary Employees with Credentials shall be required to comply with all applicable access security screening procedures applicable to Government or other personnel possessing similar Credentials.

(c) All Contractor or subcontractor employees possessing Credentials shall visibly display their credentials at all times while in the building(s) where work is being performed.

(d) The contract awardee shall be responsible for ensuring that all identification credentials are returned to the Government when a particular Contractor or subcontractor employee will no longer be providing service under the Contract at the building(s) covered by the Credential.

(e) The Contractor will notify the Government when Credentials are lost. In that event, the Contractor will be responsible for reimbursing the Government for its cost in issuing a replacement Credential.

6.5 Standards of Conduct

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary.

6.6 Removal from Contract Work

(a) As provided in the GSAM Clause 552.237-71, “Qualifications of Employees", the contracting officer or a designated representative may require the Contractor to remove any employee(s)from GSA controlled buildings or other real property should it be determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on GSA controlled property. This shall include, but not be limited to, instances where an employee is determined, in the Government's sole discretion, to be incompetent, careless, insubordinate, unsuitable or otherwise objectionable.

(b) A contractor employee may also be removed where the continued employment of the contractor employee in connection with the Government work is deemed, in the Government's sole discretion, contrary to the public interest, inconsistent with the best interests of security, or a potential threat to the health, safety, security, general well being or operational mission of the facility and its population.

(c) Where a contractor employee is granted a temporary suitability determination, and an unfavorable final suitability determination is later rendered, the Government will insist on the employee's removal from the work site and from other work in connection with the Contract.

(d) The Contractor shall be responsible for providing replacement employees in cases where contract employees are removed at no additional cost to the Government.

6.7 Sensitive but Unclassified (SBU) Building Information

Dissemination of sensitive but unclassified paper and electronic building information shall be made on a "need to know" basis in accordance with GSA Order PBS P 3490.1, a copy is attached.

6.0 TERMS AND CONDITIONS

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAY 2014)

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

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

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

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

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

“Inverted domestic corporation”, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

http://www.acquisition.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern— http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(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 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 (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on 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 o is, o 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 o is, o is not a veteran-owned small business concern.

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(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, for general statistical purposes, that it o is, o 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 o is, o 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 o is,o 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 o is, o 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 o is, o 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 o is, o 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 o is a women-owned business concern.

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

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

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

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

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

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

(i) It o is, o 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 o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

(2) Affirmative Action Compliance. The offeror represents that— https://acquisition.gov/far/current/html/52_217_221.html%23wp1136333 https://acquisition.gov/far/current/html/52_217_221.html%23wp1136374

(i) It o has developed and has on file, o 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 o 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

PURCHASE ORDER CONTRACT CLAUSES – COMMERCIAL ITEM SERVICES-

FAR 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:

http://www.acquisition.gov/gsam/gsam.

https://acquisition.gov/far/current/html/52_223_226.html%23wp1192900

Contract Terms and Conditions -- Commercial Items (May 2014)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice…