WPS III Section K - Representations - 06.30.20.docx

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

FEDERAL ACQUISITION REGULATION (FAR) AND DEPARTMENT OF STATE ACQUISTION (DOSAR) CLAUSES

Table of Contents

K.1 FAR CLAUSES

K1.1 52.204-8 Annual Representations and Certifications

ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2014)

A.

1. The North American Industry Classification System (NAICS) code for this acquisition is __________________ [insert NAICS code].

2. The small business size standard is _____________ [insert size standard].

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

iv. 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.

v. 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

vi. 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

vii. 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.

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

ix. 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 applies to solicitations issued by DoD, NASA, or the Coast Guard.

x. 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.

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

xii. 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.

xiii. 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.

xiv. 52.223-1, Biobased 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 Biobased Products Under Service and Construction Contracts.

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

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

xvii. 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 Alternate I applies.

c. If the acquisition value is $50,000 or more but is less than $79,507, 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.

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

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

xx. 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

xxi. 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 certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

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

__ (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (vii) 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 website 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.

FAR CLAUSE # TITLE DATE CHANGE

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.

(End of provision) K.2 52.207-4 Economic Purchase Quantity—Supplies.

The government invites offerors to include a statement addressing the requests of this clause for each Task Order proposal that involves the procurement of supplies.

A. Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation and subsequent Task Order requests (are) economically advantageous to the Government.

B. Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

C. The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government’s requirements indicate that different quantities should be acquired.

K.3 52.230-7 Proposal Disclosure Cost Accounting Practice Changes (Apr 2005) 04/11/2005 The offeror shall check "yes" below if the contract award will result in a required or unilateral change in cost accounting practice, including unilateral changes requested to be desirable changes.

__ Yes __ No If the offeror checked "Yes" above, the offeror shall

1. Prepare the price proposal in response to the solicitation using the changed practice for the period of performance for which the practice will be used; and

2. Submit a description of the changed cost accounting practice to the Contracting Officer and the Cognizant Federal Agency Official as pricing support for the proposal.

(End of provision)

A. Definitions. As used in this provision:

1. “Foreign person” means any person other than a United States person as defined below.

2. “United States person” means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as provided under the Export Administration Act of 1979, as amended.

B. Certification. By submitting this offer, the offeror certifies that it is not:

1. Taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which Section 8(a) of the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)) prohibits a United States person from taking; or,

2. Discriminating in the award of subcontracts on the basis of religion.

K.6 652.237.73 Statement of Qualification as a U.S. Person (APR 2004)

A. Task Orders under this contract that include traditional local guard services are subject to Section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864). The government will actively identify whether or not this requirement applies to each Task Order request. The Act encourages the participation of United States persons and qualified United States joint venture persons in the provision of local guard services overseas, and provides for a preference for eligible offers.

B. Definitions. As used in this provision –

1. “Eligible offer” means an offer that (1) is otherwise responsive to the solicitation; and (2) contains a fully prepared Statement of Qualifications (see paragraph (d) of this provision), which upon review is determined by the Government to meet the requirements of Section 136 for assignment of preference as a U.S. person.

2. “Preference” means subtraction by the Government of ten percent (10%) from the total evaluated price of an offer.

3. “U.S. person” means a company, partnership, or joint venture that the Government determines, after consideration of all available information, including but not limited to that provided by the Offeror in response to the solicitation, to be qualified for assignment of preference pursuant to Section 136.

C. Representation. The Offeror represents as part of its offer that it is or is not eligible for preference as a U.S. person. [Complete a Statement of Qualifications for Purposes of Obtaining Preference as a U.S. Person if the Offeror represents that it is eligible. See paragraph (d) of this provision.]

WARNING: Any material misrepresentation made in the Statement of Qualifications may be the basis for disqualification of an Offeror and reference for consideration of suspension or debarment or for prosecution under Federal law (cf. 18 U.S.C. 1001). Offeror qualifications will be determined primarily on the basis of information submitted in the Statement of Qualifications, including Attachments thereto, but the Government may, at its discretion, rely on information contained elsewhere in the Offeror’s proposal or obtained from other sources.

D. Statement of Qualifications for Purposes of Obtaining Preference as a U.S. Person (22 U.S.C. 4864) . An Offeror that represents that it is eligible for preference as a U.S. person must provide the following information. This Statement of Qualifications must be a complete and certified document, and submitted in Volume 1, with all necessary attachments, as defined in Section L of this solicitation.

STATEMENT OF QUALIFICATIONS FOR PURPOSES OF OBTAINING PREFERENCE AS A U.S. PERSON (22 U.S.C. 4864)

Name and address of U.S. person organization providing this information:

Introduction: Section 136 of the Foreign Relations Authorization Act for Fiscal Years 1990 and 1991, Public Law 101-246 (22 U.S.C. 4864), as amended, provides that a “United States person” or a “qualified United States joint venture” must meet certain requirements, listed in the Act, to be eligible for the statutory preference. To assist business entities to determine whether they qualify as a U.S. person or U.S. joint venture person entitled to preference under Section 136, guidance is hereby provided. Only those prospective Offerors submitting a properly completed and certified Statement of Qualifications included in Volume 1 with their initial proposals will be considered in the determination of eligibility for assignment of preference as a U.S. person or U.S. joint venture person. For ease of reference, statutory language is quoted immediately before the definitions that apply to it. Space for the required information is provided immediately following each definition.

Note: The Statement of Qualifications shall provide information correctly applicable to the U.S. person whose qualifications are being certified, and shall not include information pertaining to corporate affiliates or subsidiaries. Organizations that wish to use the experience or financial resources of another organization or individual, including parent companies, subsidiaries, or local national or offshore organizations, must do so by way of a joint venture. The contract resulting from this solicitation shall not allow subcontracting. A prospective Offeror may be a sole proprietorship, a formal joint venture in which the co-venturers have reduced their arrangement to writing, or a de facto joint venture with no written agreement. To be considered a “qualified joint venture person,” the joint venture must have at least one firm or organization that itself meets all the requirements of a U.S. joint venture person listed in Section 136. By signing this proposal, the U.S. person co-venturer agrees to be individually responsible for performance of the contract, notwithstanding the terms of any joint venture agreement.

1. Section 136(d)(1): “The term ‘United States person' means a person which – (A) is incorporated or legally organized under the laws of the United States, including the laws of any State, locality, or the District of Columbia.”

Definitions for purposes of Section 136 determinations of eligibility –

1. “Incorporated” means the state of legal recognition as an artificial person that may be afforded to a business entity pursuant to the laws of any United States jurisdiction or component thereof.

2. “Legally organized” means the state of legal recognition that may be afforded to a business entity that is other than a corporation pursuant to the laws of any United States jurisdiction or component thereof. This is the least form of legal recognition that will qualify an Offeror for this preference. Only those prospective Offerors that have legal status, including the right to bring suit, to sign contracts, and to hold property under the law of the jurisdiction under which they are doing business will qualify as legally organized. A natural person who is a United States citizen acting in her or her entrepreneurial capacity will be deemed to be a “person legally organized” within the scope of this definition, provided that the prospective Offeror holds all required licenses to do business in the jurisdiction he or she is located.

3. “United States” means any jurisdiction that is one of the fifty States, the District of Columbia, a United States territory, a United States possession, or the Commonwealth of Puerto Rico and the Northern Marinara Islands.

Question 1. The organization seeking eligibility under Section 136 is o incorporated or is o legally organized under the laws of what jurisdiction?

2. Section 136(d)(1): “The term ‘United States person' means a person that – (B) has its principal place of business in the United States.”

Definitions for purposes of Section 136 determinations of eligibility –

1. “Principal place of business” means the geographic location of the main office or seat of management of the prospective Offeror. For purposes of this Statement, a prospective Offeror shall identify only one principal place of business, and such location shall include at least the offices of the chief operating officer and headquarters staff. The named location must be a United States jurisdiction in which the prospective Offeror may bring suit and be sued and in which service of process shall be accepted.

Question 2(a). The organization seeking eligibility has its principal office in what city and state?

Question 2(b). What kind of tax return was or will be filed, and in what jurisdiction, during the current calendar year? The jurisdiction identified herein need not be the same jurisdiction identified in Question 2(a).

(i) Jurisdiction: ____________________

(ii) Type of return (e.g., income tax, franchise tax, etc.). Include all that apply: _______________________________

3. Section 136(d)(1): “The term ‘United States person' means a person which – (C) has been incorporated or legally organized in the United States – (i) for more than 2 (two) years before the issuance date of the invitation for bids or request for proposals with respect to the contract under subsection (c) of this section.”

Definitions for purposes of Section 136 determinations of eligibility –

1. “Has been incorporated or legally organized” means that the organization can show continuity as an ongoing business. Organizations that have changed only their names meet the continuity requirement of this subsection. Organizations that have been bought, sold, merged, or otherwise substantially altered or enlarged their principal business activities will have the burden of proving that there have been ongoing operations by the same business entity for the required period of time. If the successor entity has acquired all of the assets and liabilities of the predecessor entity and the predecessor entity has no further existence, the successor may claim the incorporation or legal organization date of the predecessor. In any other circumstance, the prospective Offeror must show that the law of the jurisdiction in which it operates regards the prospective Offeror as the complete successor in interest of the predecessor entity for purpose of contractual obligations.

2. “Issuance date” means the date in Block 5 of the Standard Form 33 accompanying this solicitation.

3. “Years” means calendar years measured from day of the month to day of the month. For example, January 1, 2008 through December 31, 2008 is one calendar year, as is July 1, 2008 through June 30, 2009.

Question 3:

(i) On what date was the organization seeking eligibility incorporated or legally organized? ______________________

(ii) If this date is less than two years before the issuance date, on the basis of what documentation does the organization seeking eligibility claim that it has been in business for the requisite period of time? __________________ (Identify, and forward copies as an Attachment to this Statement).

4. Section 136(d)(1): “The term ‘United States person' means a person which – (D) has performed within the United States or overseas security services similar in complexity to the contract being bid.”

Definitions for purposes of Section 136 determination of eligibility –

1. “Complexity” means the physical size or extent of the effort, as described in Section B and Exhibit A of this solicitation; combined with the required quality of the effort as described in Sections C and H of this solicitation.

2. “Overseas” means within any jurisdiction that is not a part of the United States as defined below.

3. “Performed” means contracts that have been fully completed by the prospective Offeror and accepted by the other party to the transaction. Contracts still in progress have been performed for purposes of this definition if performance in complexity to the contract being bid has been ongoing for at least one year. Contracts need not have been with the U.S. Government.

4. “Security services” means work of a kind as to fall within or compare closely with those described in the Statement of Work in Section C of this solicitation. An entity whose only security services experience was performed by its legally distinct parent or subsidiary organization will not be considered to have security services experience.

5. “Within the United States” means within the legal geographic boundaries of a United States jurisdiction that is the place where the subject matter (e.g., services) of the contract or other arrangement was in fact completed. The place where the contract or other arrangement was negotiated or signed is not relevant to this definition.

Question 4: Describe in an Attachment to this Statement (See Section L), the qualifying similar contracts or other arrangements performed by the prospective Offeror. Provide required information on a sufficient number of arrangements to show that similar services have been performed overseas or in the United States. The description must consist of the following information on each arrangement, which shall be submitted as an Attachment to this Statement:

Location: _________________________________ (city and state or country) Type of service: _________________________________ (for example, stationary guards, roving patrol, quick-reaction force, etc.)

Complexity: _________________________________ (type of facilities guarded, and number or extent of facilities, number of guards, etc.)

5. Section 136(d)(1): “The term ‘United States person' means a person which – (E) with respect to the contract under subsection (c) of this section, has achieved a total business volume equal to or greater than the value of the project being bid in 3 years of the 5-year period before the date specified in subparagraph (C).”

Definitions of purposes of Section 136 determination of eligibility –

1. “3 years of the 5-year period before the date specified in subparagraph (C)” means the three to five calendar year period immediately preceding the issuance date of this solicitation.

2. “Total business volume” means the U.S. dollar value of the gross income or receipts reported by the prospective Offeror on its annual federal income tax returns.

3. “Years” means calendar years.

Question 5: Describe in an Attachment to this Statement (See Section L), for at least three of the five twelve-month income tax periods (fiscal years) defined below, the gross receipts of the organization seeking eligibility.

i. The fiscal year ending during the calendar year that includes the date of this solicitation.

ii. The fiscal year ending in the calendar year immediately prior to the calendar year that includes the date of this solicitation.

iii. The fiscal year ending in the calendar year two years before the calendar year that includes the date of this solicitation.

iv. The fiscal year ending in the calendar year three years before the calendar year that includes the date of this solicitation.

v. The fiscal year ending in the calendar year four years before the calendar year that includes the date of this solicitation.

An entity will be deemed to have met this requirement if the total cumulative business volume for the three years presented exceeds the contract price at time of award under this solicitation for the full term for which prices are solicited, including any option periods.

6. Section 136(d)(1): “The term ‘United States person' means a person which – (F)(i) employs United States citizens in at least 80 percent of its principal management positions in the United States; and (F)(ii) employs United States citizens in more than half of its permanent full-time positions in the United States.”

Definitions for purposes of Section 136 determinations of eligibility –

1. “Full-time” (positions) means those personnel positions in which the occupants are expected to and ordinarily work for 40 or more hours per week.

2. “In the United States” refers to those personnel positions that are encumbered as of the date of this solicitation and that the prospective Offeror maintains in geographic locations within the jurisdictions defined above as constituting the United States.

3. “Permanent” (positions) means personnel positions that are intended to be indefinite as to length of employment, as opposed to limited, seasonal, or project-length personnel appointments.

4. “Permanent, full-time positions” means that portion of the prospective Offeror’s workforce that continues to be employed without regard to the ordinary fluctuations of production or projects.

5. “Principal management positions” means those personnel positions including at least the chief executive officer (if any) and the chief operating officer (whether by title or by function) of the organization seeking eligibility, together with all those management officials who constitute the highest levels of management authority within the organization. In the case of a partnership, all general partners are deemed to hold principal management positions. In the case of a corporation, those officers of the corporation who are principally responsible for the day-to-day operation of the corporation. Members of corporation boards of directors do not occupy “principal management positions” simply by virtue of their service on the board. In all cases, the term “principal management positions” also includes the position or positions held by the individual or individuals in the United States who will have primary corporate management oversight responsibility for this contract if the prospective Contractor is awarded the contract.

6. “United States citizen” means natural persons with United States citizenship by virtue either of birth or of naturalization.

Question 6(a): The organization seeking eligibility shall list all of its principal management positions and identify the current occupant of each listed position by name and citizenship.

Provide the information as an Attachment to this Statement in the following format:

(i) Principal management positions in the United States Chief Executive Officer (if any):

______________________ (name) ______________________(citizenship)

Chief Operating Officer:

______________________ (name) ______________________(citizenship)

(ii) For each additional corporate officer having principal responsibility for the day-to-day operations of the corporation, list position, name, and citizenship.

Position Name Citizenship

(iii) Individual(s) in the United States expected to have primary management oversight responsibility for contract if it is awarded:

______________________ (name) ______________________(citizenship)

Question 6(b): Number of permanent, full-time, currently encumbered personnel positions that are located in the United States (good faith estimates acceptable): _____________________

Question 6(c): Number of United States citizens currently employed in permanent, full-time positions that are located in the United States (good faith estimates acceptable): _____________

7. Section 136(d)(1): “The term ‘United States person' means a person which – (G) has the existing technical and financial resources in the United States to perform the contract.”

Definitions for purposes of Section 136 determinations of eligibility –

1. “Existing technical and financial resources” means technical and financial capability within the United States to mobilize adequate staffing, equipment and organizational arrangements to perform the contract. Adequate technical resources may be demonstrated by presenting an organization chart, and resumes of current officers and employees in the United States who possess skills and expertise necessary to provide management and oversight of the work. Other indicia will be considered if offered to demonstrate that the prospective Offeror has available resources in the United States adequate to provide home office management and oversight of the work. Adequate financial resources may be demonstrated by proof of possession of a combination of net worth, bank lines of credit, or bank guarantees. If lines of credit or bank guarantees are used to demonstrate adequate financial resources, they must be from entities within the United States.

Question 7: Submit, as an Attachment to this Statement, materials demonstrating existing technical and financial resources in the United States (See Section L).

8. Section 136(d)(2): “The term ‘qualified United States joint venture person' means a joint venture in which a United States person or persons owns at least 51 percent of the assets of the joint venture.”

Definitions for purposes of Section 136 determinations of eligibility –

1. “Assets” means tangible and intangible things of value conveyed or made available to the joint venture by the co-venturers. To be qualified for U.S. preference, 51 percent of the assets of the joint venture must be owned by the U.S. person co-venturer(s).

2. “Joint venture” means a formal or de facto association of two or more persons or entities to carry out a single business enterprise for profit, for which purpose they combine their property, money, effects, skills, and knowledge. To be acceptable, all members of a joint venture must be jointly and severally liable for full performance and resolution of matters arising out of the contract.

Question 8(a): The prospective Offeror ‚ is___‚ is not ___a joint venture.

Question 8(b): If the prospective Offeror is a joint venture, the U.S. person participant is:

(name) _________________________ (address) _______________________

Question 8(c): If the prospective Offeror is a joint venture, the names and countries of citizenship for all co-venturers are as follows:

(name) _________ (citizenship) ______ (name) _________ (citizenship) ______ (name) _________ (citizenship) ______

Question 8(d): If the prospective Offeror is a joint venture, the U.S. person will own at least 51 percent of the assets of the joint venture.

I so certify: (name) ________________ (position) ________________________ (title) ___________________________

E. Signature : By signing this document, the Offeror indicates that to the best of his or her knowledge, all of the representations and certifications provided in response to the questions contained in this Statement of Qualifications are accurate, current, and complete and that the Offeror is aware of the penalty prescribed in 18 U.S.C. 1001 for making false statements.

Signature: _______________________ Name: __________________________ Title: ___________________________ Company: _______________________ Date: ___________________________ Solicitation No.: __________________

K.6 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.

CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015)

(a)The term “commercially available off-the-shelf (COTS) item,” is defined in the clause of this solicitation entitled “Combating Trafficking in Persons” (FAR clause 52.222-50).

(b)The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that- (1)Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and (2)Has an estimated value that exceeds $500,000.

(c)The certification shall state that- (1)It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and (2)After having conducted due diligence, either- (i)To the best of the Offeror’s knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is engaged in any such activities; or (ii)If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions.

(End of provision)

K.7 FIRMS PROVIDING QUASI-MILITARY ARMED FORCES FOR HIRE

The Government is prohibited under 5 U.S.C. 3108 from contracting with organizations that offer quasimilitary armed forces for hire, or with their employees. By submission of a bid or proposal, the offeror certifies that neither it nor its employees provides quasimilitary armed forces for hire. As specified by FAR 37.109 An organization providing guard or protective services does not thereby become a “quasi-military armed force,” even though the guards are armed or the organization provides general investigative or detective services. (See: 57 U.S. Comptroller General Decision.524.)

(END OF SECTION)