2.2.1 ATTACHMENT 5 DRAFT Local Area Documentation Requirement.pdf

ATTACHMENT 5: Local Area Documentation Requirement RFP:

70FBR221R00000007

52.226-3 Disaster or Emergency Area Representation (Nov 2007)

(a) Set-aside area. The area covered in this contract is the entire island of Puerto Rico including municipalities of Vieques and Culebra.

(b) Representations. The offeror represents that it [ ] does [ ] does not reside or primarily do business in the set-aside area.

(c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months—

(1) The offeror had its main operating office in the area; and

(2) That office generated at least half of the offeror's gross revenues and employed at least half of the offeror's permanent employees.

(d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include—

(1) Physical location(s) of the offeror's permanent office(s) and date any office in the set-aside area(s) was established;

(2) Current state licenses;

(3) Record of past work in the set-aside area(s) (e.g., how much and for how long);

(4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area;

(5) Percentage of the offeror's gross revenues attributable to work performed in the set-aside area;

(6) Number of permanent employees the offeror employs in the set-aside area;

(7) Membership in local and state organizations in the set-aside area; and

(8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements.

(e) If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer. The solicitation may require the offeror to submit with its offer documentation to support the representation.

Additional Local Area Documentation Requirement

DRAF

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ATTACHMENT 4: Local Area Documentation Requirement

RFP: 70FBR221R00000007

Pursuant to FAR 52.226-3(e), in addition to certification of FAR Provision 52.226-3(b), Offerors shall submit the following to support its representation that it resides or primarily does business in the disaster or emergency area:

(c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months—

(1) The offeror had its main operating office in the area (offeror shall present a copy of a current main operating office building ownership/lease documentation as supporting evidence and evidence of domestic registration with the office of the Puerto Rico Secretary of State); and

(2) That office generated at least half of the offeror's gross revenues and employed at least half of the offeror's permanent employees (offeror shall present supporting documents showing the offeror’s gross revenues during the past 12 months, including previous IRS tax year records, as supporting evidence and supporting documents demonstrating that its main operating office in the set- aside area employed at least half of the offeror’s permanent employees).

If the offeror does not meet the criteria in paragraph (c) of this provision, in accordance with FAR 52.226-3(d), offerors shall provide at least:

1. Physical location(s) of the offeror's permanent office(s) and date any office in the set-aside area(s) was established

• Offeror shall present a copy of a current operating office building ownership/lease documentation as supporting evidence of any permanent office(s) and any office(s) in the set-aside area)

2. Current state licenses;

3. Other evidence that establishes the offeror resides or primarily does business in the set-aside area.

DRAF

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