12SAD122R0001-NDMS RFP_amendment0008.pdf

Over and Above This CLIN is Time & Material (Hourly) for all contested foreclosure activities in accordance with the PWS. The ordering period for this CLIN is one year.

Government Plug-In Amount.

Only those labor categories (LCATs) listed in the rate sheet will be authorized for use throughout the performance of the contract.

Labor shall be delivered in accordance with the labor qualification specified in Attachment E of the basic IDIQ contract, unless specifically authorized by the Contracting Officer.

HR

Over and Above -contested foreclosure activities in accordance with the PWS. The ordering period for this CLIN is one year.

Government Plug-In Amount.

Only those labor categories (LCATs) listed in the rate sheet will be authorized for use throughout the performance of the contract.

Labor shall be delivered in accordance with the labor qualification specified in Attachment E of the basic IDIQ contract, unless specifically contested foreclosure activities in accordance with the PWS. The ordering period for this CLIN is one year.

Government Plug-In Amount.

Only those labor categories (LCATs) listed in the rate sheet will be authorized for use throughout the performance of the contract. Labor shall be delivered in accordance with the labor qualification specified in Attachment E of the basic IDIQ contract, unless specifically contested foreclosure activities in accordance with the PWS. The ordering period for this CLIN is one year.

Government Plug-In Amount.

Only those labor categories (LCATs) listed in the rate sheet will be authorized for use throughout the performance of the contract. Labor shall be delivered in accordance with the labor qualification specified in Attachment E of the basic IDIQ contract, unless specifically contested foreclosure activities in accordance with the PWS. The ordering period for this CLIN is one year.

Government Plug-In Amount.

Only those labor categories (LCATs) listed in the rate sheet will be authorized for use throughout the performance of the contract. Labor shall be delivered in accordance with the labor qualification specified in Attachment E of the basic IDIQ contract, unless specifically contested foreclosure activities in accordance with the PWS. The ordering period for this CLIN is one year.

Government Plug-In Amount.

Only those labor categories (LCATs) listed in the rate sheet will be authorized for use throughout the performance of the contract. Labor shall be delivered in accordance with the labor qualification specified in Attachment E of the basic IDIQ contract, unless specifically contested foreclosure activities in accordance with the PWS. The ordering period for this CLIN is one year.

Government Plug-In Amount.

Only those labor categories (LCATs) listed in the rate sheet will be authorized for use throughout the performance of the contract. Labor shall be delivered in accordance with the labor qualification specified in Attachment E of the basic IDIQ contract, unless specifically contested foreclosure activities in accordance with the PWS. The ordering period for this CLIN is one year.

Government Plug-In Amount.

Only those labor categories (LCATs) listed in the rate sheet will be authorized for use throughout the performance of the contract. Labor shall be delivered in accordance with the labor qualification specified in Attachment E of the basic IDIQ contract, unless specifically contested foreclosure activities in accordance with the PWS. The ordering period for this CLIN is one year.

Government Plug-In Amount.

Only those labor categories (LCATs) listed in the rate sheet will be authorized for use throughout the performance of the contract. Labor shall be delivered in accordance with the labor qualification specified in Attachment E of the basic IDIQ contract, unless specifically contested foreclosure activities in accordance with the PWS. The ordering period for this CLIN is one year.

Government Plug-In Amount.

Only those labor categories (LCATs) listed in the rate sheet will be authorized for use throughout the performance of the contract. Labor shall be delivered in accordance with the labor qualification specified in Attachment E of the basic IDIQ contract, unless specifically

Solicitation Nationwide Default Management Services

(NDMS)

12SAD122R0001

Section I - Solicitation/Contract Form Section II - Supplies or Services/Prices Section III- Special Contract Requirements…………………………………………………….62 Section IV – Contract Clause Section V – List of Documents, Exhibits & Other Attachments Section VI - Instructions to Offerors Section VII - Evaluation Criteria for Award

Section III- Special Contract Requirements The following clauses are being included via an addendum to FAR Clause 52.212-4, Contract Terms and Conditions Commercial Items.

1. Over and Above Work Over and above work is defined as work discovered by the contractor during performance of work assigned that is within the general scope, however not included as part of the current contract.

When the contractor encounters over and above work, they must notify the Contracting Officer and submit a proposal for approval prior to start of performance and within a reasonable time of identification of the over and above work. Any work initiated without CO approval will be performed at the contractor’s own expense. The proposal should contain the description of work, the estimated labor hours, labor rates, and material and other direct costs required to complete the task. The proposal should be sufficient to satisfy contract requirements and obtain the authorization of the CO before performing the proposed work. The proposal will be priced based on competitively established basic IDIQ rates. Prior to approval, the CO will verify with the COR that the proposed work is required and is not covered under the current contract line items, determine whether the prices and quantities are fair and reasonable, as well as verify that funding is available.

2. On-Ramping The USDA will review contractor performance and requirements on a regular basis to determine the necessity of an on-ramp for the purpose of adding additional NDMS IDIQ contractors. The decision to request proposals under this clause will be solely at the USDA’s discretion at any time during the term of the NDMS IDIQ.

On-ramping will be open on SAM.gov and will utilize the original solicitation. The USDA will notify current awardees via email for situational awareness, but they will not need to re-compete.

The same basis of award established in the initial NDMS solicitation will be utilized. Any Offeror meeting the eligibility requirements of the on-ramp RFP may submit a proposal in response to the solicitation. However, the USDA has the discretion to not make an award depending upon the quality of the offers received.

Upon award of an additional contract, the USDA will notify existing contractors of the award, and the awardee will be eligible to compete with the present contractor(s) for the award of future IDIQ task orders. Existing contracts and task orders will be unaffected by this on-ramp clause and will remain active. The overall contract ceiling and contract length will not be extended for new on-ramp IDIQ awardees.

3. IDIQ Rate Refresher Due to the dynamic nature of default services and potential changes in market conditions, the Contracting Officer reserves the right to reassess previously negotiated rates in Attachment E, IDIQ TEP Workbook, and request updated rates at any time during the contract period of performance based on market conditions.

4. Surge Option The USDA can increase the estimated quantity provided for this IDIQ. The Contracting Officer may exercise this option at any time before the IDIQ or subsequent task orders expire. The Contracting Officer will provide a written notice to the Contractor stating the quantities to be added under the terms of this clause, followed by a contract modification incorporating the change. The Contractor shall within 30 days from the date of option exercise, submit to the Contracting Officer a price proposal for the added quantities. Failure to agree on a price in negotiations resulting from this option shall constitute a dispute in accordance with FAR 52.212-4 (d) Disputes. However, nothing in this clause shall excuse the Contractor from proceeding with the performance of this contract, as modified.

5. Non-Disclosure Agreement (NDA) All Contractor employees with access to sensitive information will execute Attachment 09 Non- Disclosure Agreement (NDA), as a condition of access to such information. The Contractor will maintain signed copies of the NDA for all employees as a record of compliance. The Contractor will provide copies of the signed NDA to the Contracting Officer’s Representative (COR) no later than two (2) business days after contract award.

6. USDA Visual Identity Guidelines All visual materials intended for release to the public, both electronic and printed, delivered in the performance of this contract, must wholly conform to the current USDA Rural Development Visual Identity Guidelines, Attachment 02. Such materials include the following, and any other products agreed to in advance between the COR and the Contractor:

Reports and other documents Handouts Advertisements intended for both printed and electronic media Still visual presentations Video presentations Banners Infographics Posters Folders Cards and Envelopes Photographs

Visual themes Logos Layout Graphic design Graphics Graphs and charts Illustrations Drawings

7. Contractor Information Protection and Release:

The Contractor and its employees will exercise utmost discretion in regard to all matters relating to their duties and functions. They will not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Administrating Contracting Officer and/or Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract will be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed under this contract will be published or disseminated through any media without the prior written authorization of the CO. These obligations do not cease upon the expiration or termination of this contract. The Contractor will include the substance of this provision in all contracts of employment an in all subcontracts hereunder.

8. Invoice and Payment Instructions Invoice Submission.

(a) Invoices will be submitted via email to the COR and CO as indicated in this section. Submit your invoices on your company’s letterhead with the information below.

(b) To assist the Government in making timely payments, the Contractor must furnish the following information with their invoice:

Contract Number Task Order Number Name and payment address of the contractor (include the name, title, telephone number, and mailing address of a contact person in the event of a defective invoice) Invoice Number/Date Payment Terms Amount by line-item number (CLIN) including quantity and unit price o Broken down by state Account Type: (FCL-or REO) Borrower name/USDA Loan Number/Property address Date of case origination (if available), case number, state/county code, FMMI PO number

(if available), and FMMI PO Line number (if available) List of reimbursable – (reimbursable expenses submitted must be accompanied by receipts)

Description of services Date case assigned for all CLINs Date case completed for all CLINs Date services were provided Copies of all reports and documentation required by the contract, for which payment is being requested CLIN rollup with amount billed per line and total for invoice Certification of correctness by date and signature of Contractor’s authorized official

(c) Invoice(s) must be submitted monthly in accordance with the invoice schedule below. The CO will initiate payment after verification that the invoice is proper, including COR certification that services were accepted.

(d) Invoices should be submitted on or before the 10th workday of the succeeding month.

(e) Invoice Schedule

CLIN CLIN DESCRIPTION INVOICING SCHEDULE

CLIN X001 Uncontested Foreclosure Services INVOICED UPON GOVERNMENT's RECEIPT OF

AN UNENCUMBERED TITLE

CLIN X002

Contested Foreclosure Services Over &

Above (T&M)

INVOICED UPON GOVERNMENT's RECEIPT OF

AN UNENCUMBERED TITLE

CLIN X003 Property and Occupancy Inspection

INVOICED MONTHLY UPON COMPLETION

GOVERNMENT'S RECEIPT AND APPROVAL OF

THE MONTHLY PROPERTY AND OCCUPANCY

INSPECTION WORK COMPLETION REPORT OF AN

UNENCUMBERED TITLE

CLIN X004

Property Preservation Maintenance

Services‐ (Unoccupied)

INVOICED MONTHLY UPON GOVERNMENT'S

RECEIPT AND APPROVAL OF THE MONTHLY

PROPERTY PRESERVATION WORK COMPLETION

REPORT OF AN UNENCUMBERED TITLE

CLIN X005 Appraisal or Valuation

INVOICED MONTHLY UPON COMPLETION

GOVERNMENT'S RECEIPT OF AN

UNENCUMBERED TITLE

CLIN X006AA FCL Over & Above (T&M) INVOICED UPON COMPLETION

CLIN X006AB FCL Materials ( Gov't Plug #) INVOICED UPON COMPLETION

CLIN X007 Chapter 7 Bankruptcy INVOICED UPON COMPLETION

CLIN X008 Chapter 13 Bankruptcy INVOICED UPON COMPLETION

CLIN X009 Mediation INVOICED UPON COMPLETION

CLIN X010 Eviction

INVOICED MONTHLY UPON COMPLETION

GOVERNMENT's RECEIPT OF AN

UNENCUMBERED TITLE

CLIN X011 REO Disposition VENDOR RECEIVES PAYMENT AT CLOSING

CLIN X012 REO Appraisal

INVOICED MONTHLY UPON COMPLETION

GOVERNMENT'S RECEIPT OF ALL SALES

PROCEEDS AND A CLOSING STATEMENT

CLIN X013 REO Property Preservation

INVOICED MONTHLY UPON GOVERNMENT'S

RECEIPT AND APPROVAL OF THE MONTHLY

PROPERTY PRESERVATION WORK COMPLETION

REPORT OF ALL SALES PROCEEDS AND A

CLOSING STATEMENT

CLIN X014AA REO Over & Above (T&M) INVOICED UPON COMPLETION

CLIN X014AB REO Materials (Gov't Plug) INVOICED UPON COMPLETION

CLIN X0015 IDIQ Implementation

INVOICED MONTHLY UPON COMPLETION

GOVERNMENT'S RECEIPT AND APPROVAL OF

THE WEEKLY IMPLEMENTATION REPORTS

CLIN X0016 Travel

INVOICED UPON COMPLETION IN ACCORDANCE

WITH THE FEDERAL TRAVEL REGULATION

Property Preservation Invoicing In reference to CLIN series X003, X004, and X013, these are Firm-Fixed Price for monthly services, however, are not invoiced monthly. The aforementioned CLINs are to be invoiced in accordance with table above.

Invoice Discrepancies The COR will complete preliminary review of invoices and the CO will notify the Contractor of any discrepancies within seven (7) calendar days after receipt.

Payment of Invoices by Electronic Funds Transfer Payments under this contract must be made under the Department of Treasury’s Automated Clearing House (ACH) system. Under this system, the funds will be wired electronically to the contractor’s financial institution pursuant to FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Oct 2018).

A copy of the SF 3881 “ACH Vendor/Miscellaneous Payment Enrollment Form,” will accompany the contract award and must be completed and sent back to both the COR and the Contracting Officer prior to submission of the first invoice for payment. The form may be obtained from the Department of Treasury’s website at https://www.fiscal.treasury.gov/files/forms/3881.pdf.

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of its own volition or at the request of an individual other than a duly appointed Contracting Officer.

Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

9. Contract Points of Contact The only Government personnel authorized to place orders under this contract is the CO. Any individual duly acting in the capacity of the position by a designation as "Acting” or any individual appointed to the position will be authorized to order by the CO and will be determined post award.

CORs will be identified in writing at the IDIQ Contract or Task Order (TO) Level. In no event will, any understanding, agreement, modification, change order or other matter deviating from the terms of the contract be effective or binding upon the USDA unless formalized by proper contractual documents executed by the CO. The COR will monitor all technical aspects and assist in administering the contract. After contract award, the COR designation letter will be provided to the contractor that clarify the responsibilities. On matters that pertain to the contract terms, the contractor must communicate with the CO. Whenever the COR requests the contractor to perform effort outside the scope of the contract, the contractor will so advise the CO in writing.

Section IV – Contract Clauses

52.212-3 Offeror Representations and Certifications—Commercial Items (Nov 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the Offeror, that has direct control of the Offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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"— 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—

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small, disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(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 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.

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 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.

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 least51 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.

(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 in SAM

(2) The Offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs [Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the Offeror has completed for the purposes of this solicitation only, if any.

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

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

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

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

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the Offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The Offeror represents as part of its offer that it □ 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 CFR124.1002.

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

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

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

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

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the Offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The Offeror represents that-

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

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

__________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

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

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

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

(d) Representations required to implement provisions of Executive Order11246-

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ 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)

(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line-Item No. Country of Origin [List as necessary]

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

(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)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "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, Om, Panamanian, or Peruvian End Products) or Israeli End Products:

Line-Item No. Country of Origin [List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

[List as necessary]

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

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The Offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line-Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The Offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line-Item No. Country of Origin [List as necessary]

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, 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, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line-Item No. Country of Origin [List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The Offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The Offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line-Item No. Country of Origin [List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The Offeror certifies, to the best of its knowledge and belief, that the Offeror and/or any of its principals–

(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a

Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.33

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159.

The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countries 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) □ 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

(2) □ 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 □ does □ 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.

X (2) Certain services as described in FAR 22.1003-4(d)(1). The Offeror □ does □ 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 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).

TIN: ________________________________.

TIN has been applied for.

TIN is not required because:

Offeror is a nonresident…