J.8_-_Proposal_Submission_Package.docx

National Park Service Denver Service Center

INSTRUCTIONS: The following forms should be used to prepare proposals for the subject solicitation as applicable.

CONTENTS

Technical Volume

1. Experience Questionnaire

2. Key Personnel Qualifications

3. Past Performance Questionnaire

4. Subcontractor Reference

Business & Price Volume

1. Proposed Equals Form

2. General References

3. Hazardous Material Identification Listing

4. Contract Price Schedule – See Attachment J.7

5. Small Business Subcontracting Plan

6. Subcontracting Percentage Worksheet

7. Certificate of Current Cost or Pricing Data

8. Section K – Fillable

EXPERIENCE QUESTIONNAIRE

READ CAREFULLY:

The purpose of this form is for the Offeror to list projects performed that are similar to the work described in this solicitation. Please provide a minimum of 3 with a maximum 5 projects. Use this form to address your familiarity with the Statement of Work and with the evaluation criteria described in the solicitation. Include Area Codes with all telephone numbers. Fill in the information by typing or printing legibly.

It is especially important that the Offeror disclose instances in which their experience may be considered by others to be less than fully satisfactory. The Offeror should tell their side of the story and describe remedial corrective action that has been taken or will be taken to correct the deficiency. Failure to do so may result in a determination that an Offeror has been less than candid with the Government. Which could result in an unfavorable assessment of the Offeror’s experience.

Name of Contractor/Offeror:

Project Number:

Project Name:

Project Location:

Name of Owner:

Address of Owner:

Telephone Number:

Project Value:

Dates of Construction:

Description of the Project and Scope of Offeror’s Work

Performance Remarks

Attachment J.8 Solicitation 140P2018R0004 STLI - 213901

PROPOSAL SUBMISSION PACKAGE

Description of the Project and Scope of Offeror’s Work (continuation)

Performance Remarks (continuation)

KEY PERSONNEL QUALIFICATIONS

The purpose of this form is for the Offeror to list the qualifications of all key personnel as described in Section L – Instructions, Conditions, and Notices to Offerors. Use additional sheets as necessary.

Experience and qualifications include those job-related training courses; certificates and licenses; honors; performance awards; and specialty skills that are relevant to the proposed project.

Provide dates, but do not send documents.

Provide the state in which registration or license is held and the registration or license number. Fill in the information by typing or printing legibly.

NAME OF CONTRACTOR/OFFEROR: ____________________________________________________________

PERSONNEL INFORMATION

Name: Job Title:

Years of Experience with This Firm: Years of Experience with Other Firms:

EDUCATION AND PROFESSIONAL REGISTRATION

Top Educational Level Obtained: Year: Area of

Specialization:

Professional Registrations: Area of

Specialization:

EXPERIENCE AND QUALIFICATIONS

PAST PERFORMANCE QUESTIONNAIRE

National Park Service/ Denver Service Center Contact Information:

Contract Specialist: Monica A. Divelbess Email: Monica_divelbess@nps.gov cc.

Contracting Officer: Victoria Nosal Email: victoria_nosal@nps.gov

I. Contract Identification

From:

To:

Project Description

II. Agency (Customer) Identification

Agency

Agency (Customer) Identification

Title

Phone

Email

III. Past Performance Rating

Rating Scale

E = Excellent. Considerably surpassed requirements/expectations.

G = Good. Surpassed requirements/expectations.

S = Satisfactory. Met requirements/expectations

M = Marginal. Met some requirements/expectations

U = Unsatisfactory. Did not meet requirements/expectations

2. TIMELINESS:

3. BUSINESS RELATIONS:

IV. COMMENTS

Provide any additional comments for items in Section III

Subcontractor Reference

The purpose of this form is for the Offeror to list certain subcontractors identified in the Instructions, Conditions, and Notices to Offerors (Section L) who are considered critical to the successful accomplishment of the project. Use as many sheets as necessary. These subcontractor references should include additional relevant projects similar to the work described in the plans and specifications. Include Area Codes with all telephone numbers. Fill in the information by typing or printing legibly.

SUB Contractor (PROPOSED):

ADDRESS:

Name of Owner:

Location:

Prime Contractor

Telephone Number:

Subcontract $ Value:

Dates of Construction:

Dates of Construction:

Description & Scope of Work specific areas of experience (SEE INSTRUCTIONS FOR THE SUBMISSION OF OFFERS AND OTHER INFORMATION – capability CRITERIA):

PROPOSED EQUALS

In accordance with FAR Provision 52.211-06 – Brand Name or Equal (Section L), the following products are being proposed as equals. Provide all attachments required by the provision, as applicable. Use additional sheets of paper as necessary.

A. By submitting the proposed equal, the Contractor certifies that it:

1. Has investigated the proposed item and determined that it is equal to or superior in all respects to that specified.

2. Will provide, as a minimum, the same warranties for the proposed item as for the item specified.

3. Has determined that the proposed item is compatible with interfacing items.

4. Will coordinate the installation of an approved item and make all changes required in other elements of the work because of the substitution.

5. Waives all claims for additional expenses that may be incurred as a result of the substitution.

B. The Contractor is encouraged to submit for approval products that exceed accessibility standards, are sustainable and/or made from recycled or environmentally responsible material. Every effort will be made to approve these materials.

GENERAL REFERENCES

The purpose of this form is for the Offeror to provide the Government with general references in the spaces provided as described in Section L – Instructions, Conditions, and Notices to Offerors. Include Area Codes with all telephone numbers. Fill in the information by typing or printing legibly.

It is especially important that the Offeror disclose instances in which their relationships with the reference may be considered less than fully satisfactory. The Offeror should tell their side of the story and describe remedial corrective action that has been taken or will be taken to correct the deficiency. Failure to do so may result in a determination that an Offeror has been less than candid with the Government, which could result in an unfavorable assessment of the Offeror’s past performance record. Provide explanations on separate sheets as necessary.

NAME OF CONTRACTOR/OFFEROR:

SURETY

Name of Surety: Address of Surety: Name of Agent: Telephone Number:

Email:

CORPORATE BANK

Name of Bank: Address of Bank: Name of Agent: Telephone Number: Email:

Types and Numbers of Accounts:

CORPORATE BANK

Name of Bank: Address of Bank: Name of Agent: Telephone Number: Email:

Types and Numbers of Accounts:

SUBCONTRACTOR

Name: Address:

Name of Contact:

Telephone Number:

Email:

Area of Specialized Work:

Name of Contact:

Telephone Number:

Name of Contact:

Telephone Number:

MATERIAL SUPPLIER

Name of Contact:

Telephone Number:

Types of Material:

Name of Contact:

Telephone Number:

Name of Contact:

Telephone Number:

HAZARDOUS MATERIALS IDENTIFICATION LISTING

In accordance with FAR Clause 52.223-3 – Hazardous Material Identification and Material Safety Data, of the contract, the Contractor is required to identify any hazardous materials that will be delivered under this contract.

List below all know hazardous materials to be used in performance of the work and submit with the proposal/bid. If material components are unknown at the time of submission, respond with a statement to that effect.

CONTRACT PRICE SCHEDULE

Base Line Items

Optional Line Items

All measurement and payment information is included in the project specifications, Section 012700.

SMALL BUSINESS SUBCONTRACTING PLAN

(Form Version Date 10/24/17)

***Blue text is Offeror instructions and shall be deleted by the Offeror prior to Plan submission. *** ***Red Text is sample and shall be tailored, by the Offeror, to the specific acquisition***

· Large business Offerors proposing a total price greater than $700,000 ($1,500,000 for construction) shall complete and submit this Subcontracting Plan with their proposal. Failure to complete and submit this form may result in rejection of an offer.

· This form is consistent with contract clause 52.219-9. Refer to clause 52.219-9 for additional guidance.

· Use of this form is not intended to waive other solicitation & contract requirements.

· The term "Subcontract" within this document means any agreement (other than one involving an employer-employee relationship) entered into by a federal government prime contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

· The National Park Service (NPS) subcontracting goals are as follows:

· Small Business Concerns: 44.5%;

· Veteran Owned Business Concerns: 3.0%,

· Service-Disabled Veteran Owned Concerns: 3.0%,

· HUBZone Small Business Concerns: 3.0%;

· Small Disadvantaged Business Concerns: 5.0%;

· Small Women-Owned Business Concerns: 5.0%.

If your firm indicates in Item No. 2 below any percentages less than the above noted NPS goals then specify in an attachment the reason(s) your firm cannot meet the NPS goals.

Date of Submission:

Contractor:

Name:

Address:

State / Zip Code:

Contractor’s DUNS #:

Contract Information:

Contract or Solicitation #:

Contract Scope of Work:

Contract Period of Performance:

Total Proposed Price:

1. Type of Plan Individual plan. This plan:

a. Covers the entire contract period of performance,

b. Applies to the specific contract noted above,

c. Includes subcontracting goals in support of the contract action referenced above,

2. Goals ***Response to this section corresponds to contract clause 52.219-9(d)(1) & (2)*** Following are the dollar and percentage goals for Small Businesses, Small Disadvantaged Businesses including Alaska Native Corporations and Indian Tribes, WomenOwned and Economically Disadvantaged Women-Owned Businesses, Historically Underutilized Business Zone concerns, Veteran Owned Small Businesses, and Service-Disabled Veteran-Owned Small Businesses concerns as subcontractors.

***Include all subcontracts that contribute to contract performance. If noted in item 1 above you may include a proportionate share of products and services that are normally allocated as indirect costs in the following format.***

a. Total estimated dollar value of ALL planned subcontracting, with ALL types of concerns (large & small), under this contract:

Dollar Value: $

b. Total estimated dollar value and percent of planned subcontracting:

***Please note: Zero dollars is not an acceptable goal since it does not demonstrate a good faith effort***

SMALL BUSINESSES (SB):

(Including VOSB, SDVOSB, HUBZone SDB, and WOSB) Dollar Value: $ % of “a” above: XX.X%

VETERAN-OWNED SMALL BUSINESSES (VOSB):

Dollar Value: $ % of “a” above: XX.X%

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (SDVOSB):

Dollar Value: $ % of “a” above: XX.X% HUBZone SMALL BUSINESSES (HUBZone):

Dollar Value: $ % of “a” above: XX.X%

SMALL DISADVANTAGED BUSINESSES (SDB):

Dollar Value: $ % of “a” above: XX.X%

WOMENOWNED SMALL BUSINESSES (WOSB):

Dollar Value: $ % of “a” above: XX.X%

OTHER THAN SMALL BUSINESSES

(Defined by the Small Business Administration (SBA) as “any entity that is not classified as a U.S. small business. This includes large businesses, state and local governments, non-profit organizations, public utilities, educational institutions and foreign-owned firms.)

Dollar Value: $ % of “a” above: XX.X% (This $ amount + the SB $ amount above must equal the $ amount in 2.a. above)

3. Subcontracted Products / Services and Subcontractors Following is a listing of 1) products and/or services to be subcontracted, 2) subcontractors that we used in preparing our proposal and 3) the business size and socio-economic status of each listed subcontractor. Refer to sections 12 & 13 for related information.

Subcontracted Products & Services (List even if subcontractors are not yet known) Subcontractors (Listed below are subcontractors that were used in preparing our proposal. Additional firms may be added during contract performance) Business Size & Socio-Economic Status (SB / SDB / WOSB / HUBZone / SDVOSB / Other)*

* Attached is SBA confirmation of current certification for each of the above listed HUBZone firms. (SBA confirmation of current certification will also be provided for any HUBZone firms added during contract performance.)

4. Method for Determining Goals Following is a description of the method used to develop the subcontracting goals for SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns.

*** Address efforts made to ensure that maximum practicable subcontracting opportunities have been and will be made available for SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns. Explain the method and state the quantitative basis (in dollars) used to establish the percentage goals. Expand this section or attach additional sheets and reference here if needed.***

5. Method for Identifying Potential Subcontractors The following sources were used to identify potential subcontractors for solicitation purposes:

***Check each line below as applicable.***

The following narrative explains how the areas to be subcontracted to SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns were determined, how the capabilities of those concerns were considered contract opportunities and how such data relates to the proposal.

***Expand this section or attach additional sheets and reference here if needed.***

6. Indirect Costs Indirect costs have / have not been included in the dollar and percentage subcontracting goals above.

***If indirect costs have been included then include the following, otherwise delete. *** Following is the method used to determine the proportionate share of such costs to be allocated as subcontracts to SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns:

7. Subcontracting Program Administrator (SPA):

The following named individual has general overall responsibility for the company’s subcontracting program, i.e., developing, preparing, and executing subcontracting plans and monitoring performance relative to the requirements of this subcontracting plan.

Name:

Title:

Address:

Phone #:

E-mail:

SPA Authorities and Responsibilities:

***Confirm the following authorities & responsibilities***

a. Develops and promotes companywide policy initiatives that demonstrate the company’s support for awarding contracts and subcontracts to SB, SDB, WOSB, HUBZone, VOSB and SDVOSB concerns; and for assuring that these concerns are included on the source lists for solicitations for products and services they are capable of providing;

b. Develops and maintains bidder source lists of SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns from all possible sources;

c. Ensures periodic rotation of potential subcontractors on bidder’s lists;

d. Assures that SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB businesses are included on the bidders’ list for every subcontract solicitation for products and services that they are capable of providing;

e. Ensures that Requests for Proposals (RFPs) are designed to permit the maximum practicable participation of SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns;

f. Reviews subcontract solicitations to remove statements, clauses, etc., which might tend to restrict or prohibit SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB participation;

g. Accesses various sources for the identification of SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns, including 1) SBA’s Dynamic Small Business Search web page (http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm), 2) the System for Awards Management (www.sam.gov), 3) local small business and minority associations, 4) local chambers of commerce and 5) Federal agencies’ Small Business Offices;

h. Establishes and maintains contract and subcontract award records;

i. Participates in Business Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, Procurement Conferences, etc.;

j. Ensures that SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns are made aware of subcontracting opportunities and assists concerns in preparing responsive bids to the company;

k. Monitors the company’s subcontracting program performance and makes any adjustments necessary to achieve the subcontract plan goals;

l. Prepares and submits timely, required subcontract reports;

m. Conducts or arranges training for purchasing personnel regarding the intent and impact of 8(d) of the Small Business Act on purchasing procedures;

n. Coordinates the company’s activities during the conduct of compliance reviews by Federal agencies;

o. Other duties:

8. Equitable Opportunity The following efforts will be undertaken to ensure that SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns will have an equitable opportunity to compete for subcontracts.

a. Outreach efforts to obtain sources:

I. Contact minority and small business trade associations II. Contact business development organizations and local chambers of commerce III. Attend SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB procurement conferences and trade fairs IV. Review sources from the Dynamic Small Business Search web page (http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm) V. Review sources from the System for Award Management web page (www.sam.gov) ***Note additional efforts if any. ***

VI.

VII.

b. Internal efforts to guide and encourage purchasing personnel:

I. Conduct workshops, seminars and training programs;

II. Establish, maintain, and utilize SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB source lists, guides, and other data for soliciting subcontractors; and III. Monitor activities to evaluate compliance with the subcontracting plan.

***Note additional efforts if any.***

IV.

V.

9. Flow-Down Clauses Clause 52.2198, “Utilization of Small Business Concerns,” shall be included in all subcontracts that offer further subcontracting opportunities. All subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1,500,000 for construction) and possess further subcontracting opportunities will be required to adopt and comply with a subcontracting plan that complies with contract clause 52.2199, “Small Business Subcontracting Plan.”

10. Reporting and Cooperation As the prime contractor, we will:

a. Cooperate in any studies or surveys that may be required;

b. Submit periodic reports which illustrate compliance with the subcontracting plan;

c. Submit Individual Subcontracting Report (ISR) and Summary Subcontract Report (SSR); via the Electronic Subcontracting Reporting System (eSRS) website (www.esrs.gov) Reports will be submitted, per the schedule below, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period.

d. Ensure that subcontractors with subcontracting plans agree to submit an ISR and/or a SSR using eSRS.

e. Provide our prime contract number, our DUNS number, and the e-mail address of our official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and

f. Require that each subcontractor with a subcontracting plan provide the prime contract number, its own DUNS number, and the e-mail address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.

11. Recordkeeping The following is a description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in this subcontracting plan, including establishing source lists; and a description of our efforts to locate SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns and award subcontracts to them.

***Refer to contract clause 52.219-9(d)(11) for a listing of recordkeeping requirements. Also include a description of your firm’s records maintenance procedures for locating each category of small business for use as a subcontractor. ***

12. Acquiring Supplies & Services As the prime contractor, we will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that we used in preparing our proposal, in the same or greater scope, amount, and quality used in preparing and submitting our proposal.

13. Contracting Officer Notice Regarding the Acquisition of Supplies & Services As the prime contractor, we will provide the Contracting Officer with a written explanation if we fail to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in section 12 above. This written explanation will be submitted to the Contracting Officer within 30 days of contract completion.

14. Prohibition of Subcontractor Discussions As the prime contractor, we will not prohibit a subcontractor from discussing with the Contracting Officer any material matter pertaining to payment to or utilization of a subcontractor.

15. Subcontractor Payments As the prime contractor we will 1) pay our small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, 2) notify the Contracting Officer when we make either a reduced or an untimely payment to a small business subcontractor, 3) accelerate payment to our subcontractors in accordance with contract clause 52.232-40.

***Refer to contract clause 52.242-5 for additional subcontractor payment requirements. ***

16. Description of Good Faith Effort Maximum practicable utilization of SB, SDB, WOSB, HUBZone, VOSB and SDVOSB concerns as subcontractors in Government contracts is a matter of national interest with both social and economic benefits. When a contractor fails to make a good faith effort to comply with a subcontracting plan, these objectives are not achieved and 15 U.S.C. 637(d) (4) (F) directs that the contractor shall pay liquidated damages.

Following is a description of our firm’s commitment to making a good faith effort towards the subcontracting goals noted above.

Required Signatures:

Contractor Company Name This Subcontracting Plan is submitted by:

Signature:

Print Name: Date:

Title:

Contracting Officer, National Park Service – Denver Service Center As the Contracting Officer I:

· Have confirmed all subcontractors evaluated are included in this Subcontracting Plan, (Because a prime contract has not yet been awarded not all subcontractors have been determined and evaluated.)

· Have confirmed certification for all submitted HUBZone firms are current, (We will also confirm current certification of any HUBZone firms added during contract performance.)

· Will monitor the contractor to ensure subcontractors evaluated are used in performance of the work,

· Will monitor the prime contractor’s submitted eSRS reports to verify good faith efforts are made to meet the goals of this plan considering all future subcontracts,

· Will insure a copy of the final award document is submitted to the SBA Area Director, Office of Government Contracting, where the contract will be performed,

· Am committed to assuring compliance with applicable contract requirements.

In accordance with FAR Part 19.705-4 and based upon the information noted above I have determined the Contractor’s proposed Subcontracting Plan is acceptable.

Signature:

Print Name: Date:

Small Business Specialist, National Park Service - Denver Service Center The Subcontracting Plan has been reviewed and determined:

Comments:

Signature:

Print Name: Date:

Small Business Specialist, National Park Service – Headquarters (Washington Support Office) The Subcontracting Plan has been reviewed and determined:

Signature:

Print Name: Date:

Small Business Administration Procurement Center Representative The Subcontracting Plan has been reviewed and determined:

Signature:

Print Name: Date:

CERTIFICATE OF CURRENT COST OR PRICING DATA

This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation [FAR] and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing to the Contracting Officer or to the Contracting Officer’s Representative in support of ________________________* are accurate, complete, and current as of ______________.** This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the Offeror and the Government that are part of the proposal.

Firm: _________________________________________

Name: _________________________________________

Title: _________________________________________

Date of Execution ***

* Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.).

** Insert the day, month, and year when price negotiations were concluded and price agreement was reached.

*** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to.

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017)

(a) Definition. As used in this provision--

“Internal confidentiality agreement or statement”, “subcontract”, and “subcontractor”, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

52.204-8 -- Annual Representations and Certifications (Jan 2017)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310 – Highway, Street, and Bridge Construction.

(2) The small business size standard is $36.5M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the Offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

|_| (i) Paragraph (d) applies.

|_| (ii) Paragraph (d) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I apply to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.223-1, Bio-based Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Bio-based Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision applies to solicitations that include the clause at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I apply.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

|_| (i) 52.204-17, Ownership or Control of Offeror.

|_| (ii) 52.204-20, Predecessor of Offeror.

|_| (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

|_| (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

|_| (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

|_| (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

|_| (vii) 52.227-6, Royalty Information.

|_| (A) Basic.

|_| (B) Alternate I.

|_| (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [Offeror to insert changes, identifying change by clause number, title, date]. 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 on SAM.

52.204-17 Ownership or Control of Offeror (July 2016)

(a) Definitions. As used in this provision—

“Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“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.

(b) The Offeror represents that it |_| has or |_| does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code: ________________________________________ Immediate owner legal name: _________________________________________ (Do not use a “doing business as” name) Is the immediate owner owned or controlled by another entity?

|_| Yes or |_| No

(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest level owner CAGE code: ________________________________________ Highest level owner legal name: _________________________________________ (Do not use a “doing business as” name)

52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.204-20 – Predecessor of Offeror (July 2016)

(a) Definitions. As used in this provision--

“Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

“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 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.

(b) The Offeror represents that it |_| is or |_| is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”).

Predecessor legal name: ______________________________.

(Do not use a “doing business as” name).

52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations--Representation (Nov 2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

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

(c) Representation. The Offeror represents that—

(1) It |_| is, |_| is not an inverted domestic corporation; and

(2) It |_| is, |_| is not a subsidiary of an inverted domestic corporation.

52.209-7 – Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror |_| has |_| does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the Offeror checked “has” in paragraph (b) of this provision, the Offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the Offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the Offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the Offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the Offeror has provided the requested information with regard to each occurrence.

(d) The Offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by…