1-SF_30_RFQ_SOW_Extension-MERGE.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION

NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

A002

10PSPR-15-0025

AMENDMENT A002

RFQ: Land Port of Entry (LPOE) LED Lighting Project

The purpose of this Amendment (A002) is to amend the Statement of Work (SOW), extend the due date of the solicitation to Tuesday, June 9, 2015 at 2:00 pm (PST) due to the vendor request, and add five additional attachments due to the scope change. See the Continuation Sheet for additional details.

General Services Administration Design and Construction Division 400 15th Street SW Auburn, WA 98001-6599 Amanda Rinkel 253.931.7776

N/A

10PSPR-15-0025

10PSPR-15-0025

1 2

05/29/2015

04/22/2015

SCHEDULE

Item No. Supplies/Services Quantity Unit Unit Price Amount

10PSPR-15-0025

AMENDMENT A002

RFQ: Land Port of Entry (LPOE) LED Lighting Project

The purpose of this Amendment (A002) is to amend the Statement of Work (SOW), extend the due date of the solicitation to Tuesday, June 9, 2015 at 2:00 pm (PST) due to the vendor request, and add five additional attachments due to the scope change.

CHANGE: Statement of Work (SOW)

Solicitation Due Date in Section I.F. of the Request for Quotes (RFQ)

ADD: LPOE Fixture Information Attachments:

Attachment D – BPSHQ LED Drawing

Attachment E1 – Fixture Type Lynden

Attachment E2 – PacHwy

Attachment E3 – Fixture Type – Sumas

Attachment F – Light pole specs for Replacement Pole – Peace Arch

Please acknowledge receipt of this amendment AMD A002 in writing when submitting your quote. Quotes are due on June 9, 2015 by 2:00 pm (PST).

General Services Administration Public Buildings Service - Northwest/Arctic Region 10

Design and Construction Division (10PCQ)

REQUEST FOR QUOTE (RFQ) 10PSPR-15-0025

Issue Date: April 22, 2015

The General Services Administration has a requirement the retrofitting of outdoor lamps to LED fixtures in four locations in Washington, WA including Peace Arch, Pacific Highway, Sumas, and Lynden.

Your firm is invited to submit a quote for the replacement of appropriate LED lamps to retrofit existing florescent High Pressure Sodium lamps, Q lamps and Metal Halide lamps at the Land Ports of Entry as indicated in the Statement of Work (SOW) and as outlined in the CLIN structure and the pricing spreadsheet.

The General Services Administration (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 from the effective date of the contract. The Request for Quote (RFQ) form and instructions are enclosed for your use.

A site visit/walk through will be held on Wednesday, May 06, 2015 and May 27, 2015 in order to assist you in preparing your quote. The site visit times and locations are:

May 27, 2015 at 10:00AM BPSHQ Main Building and BPSHQ Annex Facility, 1590 H Street Rd, Blaine WA 98230

May 6, 2015 at 10:00 AM Peace Arch LPOE Peace Arch Border Station Blaine, WA 98230

Pacific Highway LPOE Pacific Highway Border Station Blaine, WA 98230

Kenneth G Ward – Lynden LPOE Lynden Border Station Lynden, WA 98264

Sumas LPOE Cherry and Boundary Sumas, WA 98295

Please indicate your intention to attend the site visit by notifying the below Contract Specialist by Tuesday, May 5, 2015 at 12:00PM and MAY 26, 2015 at 12:00PM and the Project Manager, Melissa Hibray, at Melissa.Hibray@gsa.gov.

Sensitive but Unclassified Attachments are available for this project. Please submit a complete SBU Form in order to obtain the attachments.

Quotes are due on Wednesday, May 27, 2015 Friday, June 5, 2015 TUESDAY, JUNE 9, 2015 at 2:00PM (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

Land Ports of Entry (LPOE) LED Lighting Project

Auburn, WA 98001-6599 Phone: 253-931-7776 EMAIL: Amanda.Rinkel@gsa.gov

**This acquisition is a total 100% Small Business Set-Aside under NAICS 335110**

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 and quotes are being requested.

ACQUISITION MILESTONES/SCHEDULE (Estimated)

04/22/2015 RFQ Issued 05/06/2015 Site Visit 05/27/2015 Site Visit 05/27/2015 Technical Information and Price Quote Due 06/05/2015 Technical Information and Price Quote Due 06/30/2015 Contract Award and Notice to Proceed 09/30/2015 All Work Complete and Government Provides Final Acceptance mailto:EMAIL:%20Amanda.Rinkel@gsa.gov

TABLE OF CONTENTS

SECTIO N CONTENT

1.0 INSTRUCTIONS

2.0 TECHNICAL INFORMATION REQUIREMENTS

3.0 PRICE INFORMATION REQUIREMENTS

4.0 COMMUNICATION AND REVISIONS

5.0 SECURITY REQUIREMENTS

6.0 TERMS AND CONDITIONS

List of Attachments:

o SF Form 1449, Request for Quote (RFQ) o Statement of Work (SOW) o Current LPOE Fixture Information o Wage Determination – Service Contract Determination o GSA Order PBS P 3490.2 o Security Clearance Desk Guide o Sensitive but Unclassified Documentation Form o Peace Arch Light Pole Req (upon receipt of SBU Form) o LPOE - Attachments to SOW (upon receipt of SBU Form) o Border Patrol Headquarters and Annex Requirement (upon receipt of SBU Form)

1.0 Instructions

1.1 GSA will be accepting technical information and quotes for removal and replacement of the damaged window, as detailed in the attached Statement of Work (SOW) and as outlined in the CLIN structure.

1.2 The period for government acceptance of the quote is 60 days following the Request For Quote (RFQ) due date.

1.3 These services are being procured as a competitive 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. This solicitation will result in the award of a fixed price contract.

1.4 Basis for Award: The Government intends to award to the offeror providing technically acceptable and lowest price. Selection of the Firm will be based on the 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 quote should be complete and concise but not overly elaborate.

1.9 Whenever, the words “offer,” “proposal,” “offerors,” or similar terms are used in this solicitation, they shall be read to mean “quotation,” “quoter,” or similar corresponding term to reflect that this solicitation is a request for quotation (RFQ) and not a request for proposal (RFP), or an invitation for bids.

1.10 System for Award Management (SAM). In order to receive contract award, offeror must be registered/certified in SAM prior to award, have no active exclusions, and completed on-line representation and certifications. SAM can be accessed at: https://www.sam.gov/portal/public/SAM/.

2.0 Technical Information Requirements

2.1 Submit your Technical Information and price quote, to the GSA Contract Specialist, Amanda Rinkel via email to Amanda.Rinkel@gsa.gov, no later than May27, 2015 June 5, 2015 JUNE 9, 2015 at 2:00 PM Pacific Time Zone.

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

http://www.arnet.gov/far http://www.arnet.gov/GSAM/gsam.html https://www.sam.gov/portal/public/SAM/ mailto:Amanda.Rinkel@gsa.gov

• Cover Letter (one page) – Shall include Offeror’s name, address, phone number, and email address as well as a statement providing: SAM Registered/Certified (include DUNS and CAGE Code), No Active Exclusions, and Provisions/Clauses completed (do not send SAM Record)

• Signed copy of Request for Quotation (SF 1449) and all Amendments (SF 30) of solicitation, if any

• Schedule of Prices (CLINs Structure) – Provide pricing for each CLIN

• Pricing Spreadsheet

• Technical Capability

2.3 Evaluation Factors:

Factor 1. Technical approach and management plan 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 of the salient characteristics of the required LED light bulbs, including submission of LED specification sheets for the Contractor’s recommended bulbs. Bulbs must be certified by Lighting Design Lab, Lighting Design Consortium or Energy Star.

2) The offeror shall submit a narrative that describes the offeror’s technical approach/management plan for the delivery and installation of the LED light bulbs. Contractor shall identify key team members and subcontractors proposed for the project along with their role in the project, demonstrating an acceptable understanding of job responsibilities, submittals, and requirements. Narrative should correlate with schedule and shall explain the Contractor strategy for completing the installation within the project limits.

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.”

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: Schedule

1. The offeror shall submit a practicable schedule showing the order in which the Contractor proposes to perform the work, the dates on which the Contractor contemplates starting, and completing the several salient features of the work (including acquiring materials, plant, and equipment).

2. The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. Identify and describe your critical path schedule and coordination for this project to meet the delivery, installation, inspection and testing, administrative submittals and long lead items, which clearly defines the offeror’s understanding of the project and ability to meet the task order period of performance. The Statement of Work (SOW) contains additional information that your schedule should address based on the available information.

Schedule will be rated on an “acceptable” or “unacceptable” basis using the ratings in Table A-2:

Table A-2. Schedule Acceptable/Unacceptable Ratings

Acceptable Quote clearly meets the minimum schedule requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum schedule 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-3:

Table A-3. Present/Past Performance Evaluation Ratings

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.

4.1 Offeror shall submit pricing for all Contract Line Item Numbers (CLINS). Provide total pricing for the entire offer. The contents of the price quote shall include a breakdown of lump sum prices which shows the total level of effort with all associated costs shown separately.

4.2 Price will be evaluated using various price analysis techniques.

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

4.4 Award will be made to the offeror provided its Price is determined to be fair and reasonable by the Contracting Officer.

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 Approach – Acceptable Factor 2: Schedule – 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 The contents of the price quote shall include a breakdown of lump sum prices which shows the total level of effort is indicated in the CLIN description. Offeror must also complete the attached Price Breakdown for CLIN 0001-0005 and the pricing spreadsheet attached to the RFQ.

4.0 COMMUNICATIONS AND REVISIONS

4.1 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 quote (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.

4.2 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 presents the best value to the government.

5.0 SECURITY REQUIREMENTS

See the attached GSA Policy regarding security requirements and the Contractor’s responsibilities.

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 3490.2, a copy is attached.

6.0 TERMS AND CONDITIONS

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAR 2015)

(FAR 52.212-3)

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 (p) of this provision.

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

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

Land Ports of Entry (LPOE) LED Lighting Project http://www.acquisition.gov/ http://uscode.house.gov/ http://uscode.house.gov/

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged

(as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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 (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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://www.acquisition.gov/ https://acquisition.gov/far/current/html/Subpart%204_12.html%23wp1073667

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.

(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 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) 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)(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 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—

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

“component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

[List as necessary]

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

(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at

FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

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

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

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

Line Item No. Country of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

Line Item No. Country of Origin https://acquisition.gov/far/current/html/FARTOCP25.html%23wp225048 https://acquisition.gov/far/current/html/52_223_226.html%23wp1169038

(2) o Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

[ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror o does o does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

[ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror o does o does not certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting

Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C.

6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(3) Taxpayer Identification Number (TIN).

https://acquisition.gov/far/current/html/Subpart%2022_10.html%23wp1105165 https://acquisition.gov/far/current/html/Subpart%2022_10.html%23wp1105165 https://acquisition.gov/far/current/html/Subpart%2022_10.html%23wp1105165 https://acquisition.gov/far/current/html/Subpart%2022_10.html%23wp1105165 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%204_9.html%23wp1091081 o TIN: ________________________________.

o TIN has been applied for.

o TIN is not required because:

o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

o Offeror is an agency or instrumentality of a foreign government;

o Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

o Sole proprietorship;

o Partnership;

o Corporate entity (not tax-exempt);

o Corporate entity (tax-exempt);

o Government entity (Federal, State, or local);

o Foreign government;

o International organization per 26 CFR 1.6049-4;

o Other ________________________________.

(5) Common parent.

o Offeror is not owned or controlled by a common parent;

o Name and TIN of common parent:

Name ________________________________.

TIN _________________________________.

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations.

(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(2) Representation. By submission of its offer, the offeror represents that—

(i) It is not an inverted domestic corporation; and

(ii) It is not a subsidiary of an inverted domestic corporation.

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and

(iii) Certifies that the…