RFQ_-_Canjilon_Janitorial_Services_Solicitation_1283A719Q0002.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1 60

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

1283A719Q0002 10-09-2018 908235

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

SANTA FE NATIONAL FOREST

NORTHERN ACQUISITION MANAGEMENT ZONE

11 FOREST LANE

SANTA FE, NEW MEXICO 87508

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION

NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Martha Montoya (COR) Joseph Varoz (CO)

684-2489 438-5341

NAME OF CONSIGNEE

8. TO:

NAME COMPANY STREET ADDRESS

STREET ADDRESS CITY

CITY STATE ZIP CODE STATE ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

November 09, 2018, 1:00 PM MDT submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

1.

Canjilon Janitorial Services Carson National Forest. Janitorial Services per Scope of

Work, specifications, attachments, terms and conditions.

Note: Please include all applicable taxes in your quote

Contractor must be registered/active in SAM.gov on RFQ due date/time.

It is mandatory that offer be e-mailed only to:

jvaroz@fs.fed.us . Offers must be received on or before

1:00 P.M. Mountain Daylight Time on, November 09, 2018.

See Schedule of Items

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT

PAYMENT

NUMBE

R

PERCENTA

GE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER mailto:jvaroz@fs.fed.us

1283A719Q0002

Carson National Forest

Canjilon Ranger District

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NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

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Schedule of Items - RFQ 1283A719Q0002

JANITORIAL SERVICES

ITEM #

DESCRIPTION

UNIT

QUANTITY

UNIT PRICE

TOTAL

Janitorial Services, Canjilon Ranger

District, in accordance with the terms, conditions and specifications of this quotation.

Base Year (FY 19)

Option Year 1 (FY 20)

Option Year 2 (FY 21)

Option Year 3 (FY 22)

Option Year 4 (FY 23)

Months

Contract Total:

***ALL QUOTES MUST INCLUDE ALL APPLICIABLE TAXES***

Signature Date

FED TAX ID #: DUNS #:

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Note: All offerors must be currently registered in SAM in order to be considered for award. Offerors and

Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.sam.gov or by calling 1-334-206-7828. Registration in SAM.gov is free of charge.

BASIS OF AWARD: Price shall be fair market value for materials, labor, and incidentals represented in the specifications necessary to complete the project, and must include all applicable taxes. Prospective contractor’s quoted price will be understood by the Government to be the quoter’s best and final offer. Award will be made based on Best Value to the Government. Best Value is a combination of total price offered, past performance and past experience (See evaluation factors/criteria on pages 39-40 ).

NOTE: All Quoters shall submit a response to the evaluation criteria/factors listed in the Solicitation on pages 39-40 of in order to be considered for award. Failure to submit a written response to the evaluation criteria will result in the offer not being considered for award.

This solicitation for Janitorial Services requires the use of bio based products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, and are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Bio based Products Preferred Procurement

Program (FB4P).

For more information on the bio based program: http://www.biobased.oce.usda.gov/fb4p/aboutus.aspx

To locate bio based products: http://www.biobased.oce.usda.gov/fb4p/Catalog.aspx

***PRE- AWARD SITE VISIT AND QUESTIONS- There will not be a scheduled site visit for this Solicitation.

However, it is highly recommended that each prospective contractor schedule a site visit with the COR Martha

Montoya. To schedule a site visit and/please contact Martha Montoya at 575-684-2489 or via email at martharmontoya@fs.fed.us.

All questions must be received via e-mail by 12:00 PM MDT on October 30, 2018. The answers to all questions will be posted to FedBizOps on or before November 05, 2018. There will not be any questions answered after this time

All questions shall be sent via e-mail to both Contracting Officer Joseph Varoz at jvaroz@fs.fed.us and COR Martha

Montoya at martharmontoya@fs.fed.us.

http://www.sam.gov/ http://www.biobased.oce.usda.gov/fb4p/aboutus.aspx http://www.biobased.oce.usda.gov/fb4p/Catalog.aspx mailto:martharmontoya@fs.fed.us mailto:jvaroz@fs.fed.us mailto:martharmontoya@fs.fed.us

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DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1. DESCRIPTION OF SERVICES - The contractor shall provide all management, tools, equipment, and labor necessary to ensure that janitorial services are performed at Canjilon Ranger District, Canjilon, NM, in a manner that will maintain a satisfactory facility condition and present a clean, neat and profession al appearance. The contractor shall accomplish all cleaning tasks and be required to provide and replenish soap and paper products in all restrooms identified in the Appendix

A and the Statement of Work (SOW).

2. PERIOD OF PERFORMANCE - Janitorial services will commence estimated November 01, 2018 to November 30, 2019 at Canjilon Ranger District Office with four (4) option years. The government reserves the right not to exercise the option year (s).

3. LOCATION OF SERVICES - The janitorial services will be performed at the Canjilon Ranger District at State road

115, Building #358, Canjilon, NM 87515.

4. BUILDING SQUARE FOOTAGE - The area under contract will include approximately 2400 square feet of office space and all related areas such as entrance ways, corridors, lobbies, two (2) restrooms, closets .

4.1. Fire Offices, approximately 420 Square Feet, including bathroom, sink, commode, shower, wood blinds, hardwood floors and fixtures.

4.2. Workout Area, approximately 240 Square Feet, equipment wipe down.

4.3. Shop bathroom, approximately 28 square feet. Bathroom incudes a sink, commode, and appurtenant fixtures.

5. GOVERNMENT FURNISHED PROPERTY - Keys to building. If keys are misplaced the contractor shall contact the

COR for replacement key. The contractor shall NOT have copies made of keys.

6. CONTRACTOR FURNISHED PROPERTY - The contractor shall furnish supplies, equipment listed below. The contractor shall also furnish all personal protective equipment, such as gloves, safety glasses, dust masks, aprons, etc.

Vacuum cleaner Toilet seat covers

Deodorant cakes All detergents, cleaners

Hand soap Disinfectants, germicides & deodorants

Toilet tissue Furniture polish/wax

Push brooms/ dust pans Wax removers and floor wax

Mops Carpet shampoo

Mop buckets Window cleaner

Paper hand towels Trash bag

7. FACILITY CLEANING SERVICES - Includes Main Office Building, Conference room, Restrooms, fire office, shop bathroom, workout area.

8. ROUTINE CLEANING SERVICES - There will be services performed: three (3) times a week [Tuesday, Thursday and Saturday or Sundays], every two [November, January, March, May, July, and September], and every four (4) months [December, March, June and September], and every six (6) months [November and May].

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8.1. Three Times per Week - (Tuesdays and Thursdays and Saturdays or Sundays):

8.1.1. Trash Collection/removal - The contractor shall collect and dispose of ALL trash from each trash receptacles in the building, which includes; offices, restrooms, and common areas (conference rooms, front greeting area, etc.). All trash receptacles shall be emptied, trash disposed, and containers returned to original locations. The contractor shall provide and replace any obviously soiled, worn or torn plastic can liners. The trash receptacles shall be left clean, free of foreign matter and free of odors.

8.1.2. Non-Carpeted Floors - Hard Floors: Vinyl tile, Ceramic tile, Wood, Concrete, etc.: Hard floors shall be maintained free of grit, soil, dust, scuff and heel marks, stains, spills, debris, litter, and other foreign matter by effective routine cleaning. Cleaning shall be accomplished by the most appropriate method (vacuum, sweep, dust mop, damp mop, spot clean, etc.) with cleaning solutions if applicable, for the specific floor type. After cleaning floor surfaces they should have a clean appearance without streaks, swirl marks, detergent residue, nor any evidence of soil, stain, film or standing water. Baseboards, corners and wall/floor edges shall also be cleaned. Charis, trash receptacles and other easily moveable items shall be moved to maintain floors underneath these items and returned to their original and proper position after cleaning.

8.1.3. Carpeted Floors - Carpets shall be maintained free of soil, dirt, debris, litter and other foreign matter to be effective routine cleaning. Any spots and/or spills shall be removed by the carpets manufacturer's approved methods or other commercially accepted practices as soon as noticed. All tears, burns, and raveling shall be brought to the attention of the COR.

Area and throw rugs shall be moved to maintain floors underneath these items and returned to their original and proper position after cleaning. The contractor shall maintain all carpet areas free from visible soil and vacuumed. Soiled areas should be cleaned as necessary.

8.1.4. Clean Floor (Walk - Off) Mats - Vacuum and/or clean interior and exterior floor mats. Mats shall be free of all visible lint, litter, debris, soil and other foreign matter. Soil and moisture underneath mats shall be removed and mats returned to their original locations.

8.1.5. Restrooms - Clean and disinfect all surfaces: sinks, toilets, urinals, lavatories, dispensers, plumbing fixtures, partitions, doors, door handles, walls, stalls, and stall doors, entry doors and entry door handles and other such surfaces shall be cleaned and disinfected using germicidal detergent. Restrooms shall have a clean scent or no odor at all. Toilets, and urinals will be free of spots, water spots, scale buildup, soap scum, odors and any other deposits. Mirrors shall be clean and have no streaks or other removable matter.

8.1.6. Stock Restroom supplies - Contractor shall ensure restrooms are stocked sufficiently and must provide supplies including toilet tissue, paper towels, hand soap, and ensure that these supplies do not run out. Supplies shall be stored in designated area.

8.1.7. Drinking Fountain-Contractor shall clean all facility drinking fountains. All polished metal surfaces, including the orifices and drains, as well as exterior surfaces of fountain shall be cleaned and disinfected. Drinking fountains shall be free of streaks, stains, spots, smudges, scale and other obvious soil.

8.1.8. Dust Furniture/Remove Spider Webs - All office furniture i.e. shelves; cabinets, picture frames, etc. shall be dusted within reach while standing on the floor. Areas are dusted around personal items but do not disturb personal items. All spider webs need to be removed from the walls, window seals, doorways etc. Inside and outside.

8.2. Every Two Months - (November, January, March, May, July, and September):

8.2.1. Remove Scuff Marks - Remove all scuff marks on painted floors (hallway and break room) with non-abrasive cleaner and scrubber tool.

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8.2.2. All office furniture i.e. shelves; cabinets, picture frames, etc. shall be dusted within reach while standing on the floor.

Dust ALL wooden blinds, ceiling vents, and ledges of forest service pictures, alarms, signs, etc., wash and dust all exterior and interior doors.

Areas are dusted around personal items but do not disturb personal items. All spider webs need to be removed from the walls, window seals, doorways etc. Inside and outside. Wipe down all office and conference room chairs with appropriate cleaner and rags leaving them dust and dirt free.

8.2.3. Closets - Sweet and mop all closets and storage rooms with appropriate detergent and disinfectant and dust all shelves with appropriate cleaner and rags. These include all closets, janitor’s closets, the electrical room, data room, etc.

8.3 Every Four (4) Months- (December, March, June, and September):

8.3.1 Clean Windows and Doors (interior and exterior surfaces) - All windows will be cleaned with appropriate window cleaner and rags, and left free of dirt, dust and streaks. Washing/ dusting all interior (office doors), with appropriate cleaner and rags.

8.3.2 Wooden Blinds: Dust/wipe the complete blind with treated or damp cloth removing dust, debris, and cobwebs.

8.4 Every Six (6) Months (March and November):

8.4.1 Periodic Carpet Restorative Cleaning (shampooing) - Carpets shall be deep cleaned in order to remove embedded soil from carpet fibers. Deep cleaning shall employ an effective technique and/or method to address soil suspension, soil extraction and drying. After deep cleaning, the carpeted area shall show an improvement in visible appearance. All cleaning solutions shall be removed from baseboards, furniture, trash receptacles, chairs and other similar items, chairs, and other items shall be moved to clean carpets underneath and returned to their original locations after the carpet has been dried.

8.4.2 Periodic Hard Floor Maintenance - Hard floors shall be cleaned, scrubbed, sealed, polished, waxed and stripped every six (6) months, for the appropriate surface to maintain, protect and ease normal routine floor cleaning. After periodic maintenance, floor surfaces to have a clean appearance, without streaks, swirl, marks, detergent residue, or any evidence of soil, stain, film and standing water.

9. ROUTINE CLEANING SERVICES - There will be services performed: three (3) times a week [Tuesday, Thursday and

Saturday or Sundays], and every four (4) months [December, March, June and September.

Task/Services Cleaning – Basic General Administrative Areas - Break rooms, Lobbies, Conference rooms, etc...

Mop Floors Three times a week

Vacuum Carpet Three time a week

Shampoo Carpet Once in March, June, September & December

Clean Disinfect restrooms

De-scale toilets and Urinals

Dust/Remove spider webs Every two months

Clean Mirrors Three times a week

Clean Windows (Interior & Exterior) Every two months

Sweep Floors Three times a week

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10. SPECIAL CLEANING REQUIREMENTS:

10.1 Cleaning Products - The contractor shall turn in a Material Safety Data Sheet for all products used.

10.1.2 Cleaning Equipment/Materials - The contractor shall furnish all supplies and proper equipment required to perform the janitorial services. The equipment shall be safe and operable. All equipment cords shall be free of tears and cannot be frayed; cords must be free of electrical or any other tape. Mops and rags used for cleaning may be segregated: One set used for bathrooms, counter tops, hallways, offices and lobby. The contractor shall clean and disinfect the mops and rags prior to each use with detergent and hot water, rinsed in warm water and sanitized in a bleach solution, wrung out and hung to dry. Mop heads and rags must be changed out when dirty. Sponges can

NOT be used.

10.1.3 Sweeping/Mopping Non-carpeted Floors - All non-carpeted floors shall be swept, mopped with hot water and sanitized with the bleach water solution.

10.1.4 Other Non-Carpeted Floors - All other floors (not including restrooms) shall be swept, mopped with hot water and sanitized with the bleach water solution.

10.1.5 Janitorial Closets - The contractor will be required to maintain odorless and clean space. Space will be free of clutter and debris.

11. CONTRACTING OFFICER'S REPRESENTATIVE (COR) - The contracting officer will designate a representative herein referred to as the Contracting Officer's Representative (COR}. The COR will provide on-the-ground administration of the contract. Prior to the start of work, the Contracting Officer will provide the Name, Address, and Telephone number of the COR to the contractor.

12. INSPECTION AND ACCEPTANCE - The contracting Officer’s representative (COR) shall perform periodic inspections. The Contractor shall return to any area that does not meet specifications and bring the work up to specifications within two (2) days of written notification.

13. CONDUCT OF WORK - The work will be performed in accordance with time or frequency schedules prescribed in the specifications. It shall be carried on without interference with the proper performance of government business. The successful bidder and their employees shall:

13.1 Shall not disturb papers on desks, drawers or cabinets; use telephones or radio.

13.2 See that all articles found are turned in to the District Ranger.

13.3 Refrain from having minor children under 16 present on the Government facility during work performance.

13.4 Turn off lights, close and lock windows and doors and insure that the building is safe and secure upon completion of work, and close and lock the compound gates.

14. QUALITY CONTROL PLAN - The contractor shall develop and maintain a quality control program to ensure janitorial services are performed in accordance with commonly accepted commercial practices and services identified in this PWS. The Contractor shall develop and implement procedure to identify, prevent and ensure non-performance and continual repeat of defective services does not occur. A written Quality Control Plan shall be submitted to the

Contracting Officer for review, feedback and approval. The plan shall be submitted no later than the pre performance conference. The plan shall specifically address the Contractor's strategy to provide quality workmanship and for correcting deficiencies as required.

15. QUALITY ASSURANCE - The Government may inspect contract services using a variety of methods, however, the primary means of inspecting all types of work is the periodic method. The Government shall inspect and evaluate the

Contractor's performance to ensure services are received in accordance with the requirements set forth in the contract.

The COR may inspect by watching actual task performance, physically checking a completed task, checking a management information report; investigating customer complaints, conferring with building occupants/managers; or

[9] any combination of the above; or otherwise inspecting the task or its results to determine whether or not performance meets the standards contained in this PWS.

16. INSPECTION AND ACCEPTANCE - The Contracting Officer's Representative (COR) shall perform periodic inspections. The Contractor shall return to any area that does not meet specifications and bring the work up to specifications within two (2) days of written notification.

17. CONDUCT OF WORK - The work will be performed in accordance with time or frequency schedules prescribed in the specifications. It shall be carried on without interference with the proper performance of government business. The successful bidder and their employees shall:

17.1 Shall not disturb papers on desks, drawers or cabinets; use telephones or radios provided for official government facility during work performance.

17.2 See all articles found turned in to the District Ranger.

17.3 Refrain from having minor children under age 16 present on the Government facility during work performance.

17.4 Turn off lights, close and lock windows and doors, insuring that the building is safe and secure upon completion of work.

18. DEFECTIVE WORK, DAMAGE, AND PROTECTION - The successful bidder shall, at their own expense, remedy and correct any defect in risk. They shall, without additional cost to the Government, be fully responsible for all damage to property or injury to persons, which results from their employee's fault or negligence in connection with this contract.

19. PAYMENT- Payment will be made monthly in arrears at the Contract Unit Price. The Contractor shall submit an invoice every month to the address provided by the Contracting Officer. The Contract number, remittance address and duns number, and invoice number must be referenced on the invoice, to insure payment.

20. Payment will be made in accordance with the Prompt Payment Act. Payment will be due 30 days from the date the invoice is received by the payment office or acceptance or services, whichever is the later.

21. If, after the acceptance of this contract, the Contractor is unable to perform the janitorial services according to the specifications (either by nonperformance or unacceptable work), a deduction will be made for each day the services are not done or accepted. This determination will be made by the COR. The Contractor will have two (2) days to bring work up to specifications

22. INCLEMENT WEATHER - When inclement weather sets in, and the work is impractical, upon written request by the Contractor, the Contracting Officer may authorize a total suspension until such weather has passed, and work can proceed. During period of total suspension the calendar days elapsed will not be charged against the contract time specified.

23. PRE-AWARD VISIT - Prior to the Request for Quote (RFQ) closing date, the Contractor may contact Martha

Montoya - COR at 575-684-2489 to schedule a site visit.

24. PRE-WORK CONFERNCE - Prior to the beginning of work, a meeting will be held with the successful contractor.

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3 - Instructions, Conditions, and Notices to Vendors

****QUOTE SUBMITTAL****

Contractors wishing to submit a quote must include the following:

Request For Quotation (SF-18); complete and signed.

Schedule of Items (page 3) completed and signed.

Annual Representations and Certifications (page 11) FAR 52.212-3

Key Personnel (page 37) AGAR 452.237-74

AGAR 104 (page 37)

Attachment 1: Past Performance Questionnaire (Completed)

Attachment 2: Experience Questionnaire (Completed)

Acknowledge Amendments per the instructions in Block 11 of the SF-30 (if applicable).

4 - Attachments

List of Documents, Exhibits, and Other Attachments

Attachment

Number Title Date

1 Past Performance Questionnaire 10/09/2018

2 Experience Questionnaire 10/09/2018

3 Quality Assurance Surveillance Plan/ PRS 10/09/2018

5 - Contract Terms and Conditions (Clauses and Provisions)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) – Alternate I (OCT 1995)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-16 Preventing Personal Conflicts of Interest. (DEC 2011)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights. (APR 2014)

52.204-3 Taxpayer Identification. (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue

Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social

Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) 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 IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

© 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©(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.

(d) Taxpayer Identification Number (TIN).

[XX] TIN: _____________________.

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[] TIN has been applied for.

[] TIN is not required because:

[] 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;

[] Offeror is an agency or instrumentality of a foreign government;

[] Offeror is an agency or instrumentality of the Federal Government.

© Type of organization.

[] Sole proprietorship;

[] Partnership;

[] Corporate entity (not tax-exempt);

[] Corporate entity (tax-exempt);

[] Government entity (Federal, State, or local);

[] Foreign government;

[] International organization per 26 CFR 1.6049-4;

[] Other _________________________.

(f) Common parent.

[] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

[] Name and TIN of common parent:

Name _____________________________

TIN ______________________________

(End of provision)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.211-11 Liquidated Damages – Supplies, Services, or Research and Development. (SEP 2000)

52.212-1 Instructions to Offerors – Commercial Items. (OCT 2016)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS. (DEC 2016)

THE OFFEROR SHALL COMPLETE ONLY PARAGRAPH (B) OF THIS PROVISION IF THE OFFEROR HAS COMPLETED THE

ANNUAL REPRESENTATIONS AND CERTIFICATION ELECTRONICALLY VIA THE SYSTEM FOR AWARD MANAGEMENT

(SAM) WEBSITE LOCATED AT HTTPS://WWW.SAM.GOV/PORTAL. IF THE OFFEROR HAS NOT COMPLETED THE ANNUAL

REPRESENTATIONS AND CERTIFICATIONS ELECTRONICALLY, THE OFFEROR SHALL COMPLETE ONLY PARAGRAPHS (C)

THROUGH (T) OF THIS PROVISION.

(a) Definitions. As used in this provision—

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

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

“Civil judgment” means–

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

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

https://www.sam.gov/portal

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“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order

13673, ‘Fair Pay and Safe Workplaces’”. The DOL Guidance was initially published in the Federal Register on

August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL

Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and

Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the

Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are–

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

(i) The Fair Labor Standards Act;

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

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

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

(v) The Family and Medical Leave Act; and

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

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

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

(ii) OSHA-approved State Plans;

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

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

(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans’

Readjustment Assistance Act of 1974; and

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

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

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

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

(ii) The Americans with Disabilities Act of 1990;

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

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

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

(6) 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

(7) 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.

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

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

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

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

(1) The Fair Labor Standards Act.

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

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

(4) The National Labor Relations Act.

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

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

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

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

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

Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

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

(12) The Americans with Disabilities Act of 1990.

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/www.osha.gov/dcsp/osp/approved_state_plans.html

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern—

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

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

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

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

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

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

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women;

or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13

CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph

(a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal

Register advising the public of the termination of the injunction.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the 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 (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the

United States or its outlying areas. Check all that apply.

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

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

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://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667

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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 □ is, □ is not a service-disabled veteran-owned small business concern.

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

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

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

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

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

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

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

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

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

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

[17] participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal…