2.2.1 RFQ 7FBLA21Q00000001 Armed Security Guard Services-(FINAL) 1252021.pdf

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Federal Emergency Management Agency Region 6 Louisiana Integration and Recovery Office (LIRO) 1500 Main Street-2nd Floor Baton Rouge, Louisiana 70802

COMBINED SYNOPSIS/SOLICITATION

FOR

COMMERCIAL ITEMS

GENERAL INFORMATION

Document Type:

Solicitation Number:

Posted Date:

Deadline for Questions:

Quote Due Date:

Classification Code:

Set Asides:

NAICS Code:

Combined Solicitation/Synopsis

70FBLA21Q00000001

Monday, February 1, 2021

Friday, February 5, 2021, 4:00 pm CST

Tuesday, February 16, 2021, 4:00 pm, CST

R430 – Support-Professional: Physical Security and Badging

Local Area, Small Business

561612 – Security Guards and Patrol Services

Description Place of Performance Solicitation Provisions and Contract Clauses

Solicitation Provisions o FAR 52.212-1 Instructions to Offerors-Commercial Items

Addendum………………………………………………………………...3 o FAR 52.212-2 Evaluation – Commercial Items…………………………..4 o FAR 52.212-3 Offeror Representations and Certifications – Commercial

Items………………………………………………………………………8 o FAR 52.216-1 Type of Contract o FAR 52.219-1 Small Business Program Representation………………..25 o FAR 52.226-3 Disaster or Emergency Area Representation……………28 o FAR 52.226-4 Notice of Disaster or Emergency Area Set-Aside ... ……29 o FAR 52.233-2 Service of Protest………………………………………..29 o FAR 52.252-1 Solicitation Provisions Incorporated by Reference… … 3 0

Contract Clauses………………………………………………………………...……...30 o FAR 52.204-9 Personal Identity Verification of Contractor Personnel...30 o 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment……..………………….31 o FAR 52.212-4 Contract Terms and Conditions-Alternate I…………….33 o FAR 52.212-5 Contract Terms and Conditions Required to Implement

Statues or Executive Orders—Commercial Items…………………… o FAR 52.217-8 Option to Extend Services…………………………… o FAR 52.217-9 Option to Extend the Term of the Contract o FAR 52.252-2 Clauses Incorporated by Reference o HSAR 3052.204-71 Contractor Employee Access…………………...…53 o HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items ……………………………..54 o NARA Requirements…………………………………………………

List of Attachments………………………………………………….………….55

TABLE OF CONTENTS

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is a Request for Quotes (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-02, November 23, 2020.

This requirement provides for the acquisition of Armed Security Guard Services to provide security services at disaster related sites and facilities within the declared disaster area for DR-1603-LA in the State of Louisiana. The Contractor shall only utilize Department of Labor (DOL) category 27102 Guard II security personnel to perform services under the resulting contract. All category Guard II security personnel must also meet all local and state qualification requirements necessary to fulfill the responsibilities of the position. The anticipated period of performance will include a base period of twelve (12)-month and two (2) twelve (12)-month option periods.

This acquisition is 100% set-aside for small business concerns under NAICS Code 561612 with a size standard of $20.5 million. In addition, this acquisition is set aside for local area concerns in accordance with FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside.

All interested companies shall provide a Technical Quote (Volume I) and a Business & Price Quote (Volume II) for the services described in Attachment 1, Statement of Work (SOW). Quote submission Instructions are set forth in FAR 52.212-1, Instructions to Offerors Commercial Items, Addendum.

PLACE(S) OF PERFORMANCE

The place(s) of performance for which Contract Security Guards will be required include:

1500 Main Street, Baton Rouge, LA 70802 Other sites or facilities may be identified by the FEMA Security Manager, as coordinated through the FEMA

Contracting Officer’s Representative (COR) and FEMA Contracting Officer (CO).

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Solicitation Provisions

52.212-1-Instructions to Offerors-Commercial Items (JAN 2017)

ADDENDUM

(a) Quote Requirements

The quote shall be prepared in two (2) parts: a "Technical Quote” and a “Business & Price Quote". The Technical Quote (Volume 1) shall not contain reference to price; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) shall be contained in the Technical Quote so that the Offeror’s understanding of the Statement of Work (SOW) may be evaluated.

Quote Submission(s) shall consist of the following documents:

Volume I-Technical Quote (20 Page Limit) Volume II-Business & Price Quote (No Page Limit)

(b) Content of Quote

Each volume shall be marked with the Solicitation Number and the Offeror's name. Pages shall be numbered. The typewritten or printed letters shall be no smaller than 10 point or equivalent as the minimum size standard. Offerors shall ensure that the print is easily readable.

(c) Questions

Prior to submission of quotes, offerors are expected to reach a reasonable understanding of the requirements of this RFQ by application of qualified knowledge and experience. If such a review establishes the need for correction or clarification of the RFQ, such information should be brought to the attention of the Contract Specialist immediately.

All questions regarding the solicitation must be submitted in writing to the Contract Specialist, Neddra Tucker at neddra.tucker@fema.dhs.gov. All questions are due to neddra.tucker@fema.dhs.gov via email only no later than February 5, 2021, 4:00 pm, CST.

(d) Quote Delivery Instructions

FEMA will accept electronic submissions ONLY. Technical Quotes and Business & Price Quotes must be submitted on two separate attachments electronically by email (using PDF, MS word, and/or MS Excel) to the Contract Specialist, Neddra Tucker, neddra.tucker@fema.dhs.gov and Contracting Officer, Charmaine Hoffman, Charmaine.hoffman@fema.dhs.gov. The Government email server has a size limitation of 12 MB per email (including attachments). Multiple emails may be required for quote submission. Please reference the solicitation number (70FBLA21Q00000001) and the number of email submissions in the email subject header. For example, “XYZ Vender Quote for Solicitation Number 70FBLA21Q00000001, 1 of 2”, for submitting the first of two quote submission emails.

The Government’s email server (Government infrastructure) is the official initial point of entry for receiving responses to this solicitation. Late quotes, those quotes received into the Government infrastructure after the date and time noted above, will not be accepted. Please contact the Government officials listed above immediately if any technical problems occur during submission of a quote.

(e) Quote Submission Deadline

All quotes must be submitted and received by the Contracting Officer and Contract Specialist no later than Tuesday, February 16, 2021, 4:00 pm, CST.

(f) Alternate Quote Information

Alternate quotes are not solicited, are not requested, and will not be evaluated.

(End of Provision)

52.212-2 Evaluation-Commercial Items. (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The acquisition and source selection are being conducted in accordance with the procedures of Federal Acquisition Regulation (FAR) Parts 12 and 13. The acquisition will be awarded on the basis of a trade-off of technical and price factors.

The technical evaluation factors as listed below are in descending order of importance. All evaluation factors other than price, when combined, are significantly more important than price. The importance of price will increase as the degree of equality among technical quotes increases, or when the price is so significantly high as to diminish the value of the technical superiority of the Government. The Government intends to evaluate quotes and award without exchanges with Offerors (except clarifications at the Government’s discretion). Therefore, the offeror’s initial quote should contain the Offeror’s best terms from a price and technical standpoint.

The Government will assess the level of confidence that the Offeror will successfully perform all requirements based on a rating confidence of High Confidence, Some Confidence and Low Confidence. The following technical factors will be used to evaluate offers:

1. Work Plan & Proposed Personnel

2. Project Management Plan & Oversight

3. Quality Control Plan

4. Past Performance

Volume I: Technical Evaluation Factors (20 Page Limit)

Factor 1 – Work Plan & Proposed Personnel The offeror’s quote will be evaluated on its demonstrated ability to provide staffing necessary to accomplish the tasks outlined in the Statement of Work, to include the minimum amount of time it takes to deploy personnel fit to perform and the hiring and recruitment process. The work plan shall demonstrate a clear understanding of the requirements of this effort and fully describe the offeror’s proposed solution to achieve requirements of the SOW as well as address the offeror’s technical approach and methodology. At a minimum, the offeror shall address the functions and disciplines involved for each objective, skill levels, quantity of resources, and methods of operation.

Factor 2 – Project Management Plan & Oversight The offeror’s quote will be evaluated on its demonstrated project management and oversight capability. Offeror must propose an acceptable plan to manage its workforce. The plan should seek to minimize the supervision and assistance from the FEMA Security Manager. The management plan shall demonstrate the offeror’s ability to direct and control the operation of this requirement both programmatically and on a daily basis in an efficient and cost-effective manner as well as detail the qualifications of the proposed Project Manager. It shall also address how the offeror will manage risks (including both identifying and mitigating risks). The plan shall include a detailed discussion on how any subcontracted work will be managed and integrated to ensure efficient and effective services are provided.

Factor 3 – Quality Control Plan The quality control plan will be evaluated by assessing the offeror’s ability to propose and execute a quality control plan, whereby the contractor manages and monitors the process and takes the appropriate corrective action to correct performance to meet program objectives. The quality control plan shall discuss the offeror’s policies and procedures to ensure compliance with the contract requirements and its methods of documenting and enforcing quality control procedures of both the prime contractor and subcontractors.

Factor 4 - Past Performance The Government will consider the relevance of past performance information obtained in relation to similar complexity and magnitude of this procurement, considering such factors as similar size, scope, and complexity completed by the firm. The Offeror shall identify three (3) contracts (preferably as the Prime Contractor) with the federal government, agencies of state and local governments, and commercial customers or private sector clients completed in the last three (3) years or currently in process. The Government reserves the right to verify any and/or all information provided for each referenced contract.

The following information shall be provided for each referenced contract:

1. Contract Title

2. Contract Number

3. Government Agency/Organization

4. Total Contract Price/Costs

5. Contract Completion Date

6. Contract Type

7. Description of the Contract

8. Brief discussion of how the work performed is relevant to this solicitation

9. Contracting Officer’s/Client’s name, address, telephone number and email address

The Government will consider the above information, as well as information obtained from any other sources (i.e., CPARS, etc.), when evaluating the offeror’s past performance. CPARS ratings for the Quality, Schedule, Cost Control and Management factors will be reviewed. Additionally, the Government’s knowledge of Offeror’s past performance of recent projects (within the last 3 years) may be utilized. The past performance evaluation will assess the offeror’s record of relevant (similar complexity and magnitude of this procurement, considering such factors as similar size, scope and complexity completed by the firm) and recent work for government and commercial customers or private sector clients. An offeror with no recent or relevant past performance will be assigned a rating of neutral for this factor.

Volume II: Business & Price Quote (No Page Limit)

The below information must be provided to be considered for contract award.

1. Offerors shall complete the Pricing Worksheet. Offerors shall quote a fixed hourly labor rate for the base and option Contract Line Item Numbers (CLIN). The fixed hourly labor rate shall be fully burdened with all labor, overhead, G&A, profit, etc. The government provided the estimated hours for the base and option periods. The estimated hours may increase or decrease depending on the Government’s requirements. The fully burdened hourly labor rate shall be billed for actual labor hours worked during the performance of the resulting contract. Sufficient competition is expected for this procurement; therefore, price analysis will be used to determine a fair and reasonable price.

Price evaluation will be based on the total amount for all CLINs as quoted on the Price Evaluation Worksheet to include the base and option periods.

2. Completed Representations, Certifications, and Other Statements of Offerors. Refer to FAR 52.212-3.

3. The offeror shall submit sufficient evidence of responsibility for the Contracting Officer to make an affirmative determination of responsibility pursuant to the requirements of FAR Subsection 9.104-1.

Statement of Contractor Assurance

By submitting this offer, the offeror certifies that, at the time of submission, they have adequate financial resources to perform the contract; they have the capability to comply with the required or proposed delivery or performance schedule; and otherwise meet or exceed the general standards required by FAR 9.104-1. Furthermore, by submitting this offer, the offeror also certifies that any partners or subcontractors meet or exceed the general standards required by FAR 9.104-1, and the offeror has commitments from their partners and subcontractors to deliver all commodities/services proposed.

The offeror shall disclose any filings for bankruptcy, fines levied by governmental agencies, or legal proceeding against any participating organization, employees, corporate officer, or entity that might have a material effect on the proposer’s ability to implement the proposed project, as required by FAR [52.212-3], Certification Regarding Responsibility Matters.

Instructions for Submitting Contractor Assurance Information

The offeror shall submit information supporting this certification to the CO at the time quotes are due. This submission will only be reviewed by the CO in making a determination of responsibility. This information will not be reviewed as part of a technical evaluation and will not count against page limits for technical quotes.

At a minimum, offerors shall include: 1) the offeror’s quality control plans, including, but not limited to, any agreements and/or arrangements with subcontractors, providing as much detail necessary to explain how the statement of work will be accomplished within this working relationship; 2) a description of the offeror’s ability to adequately meet the financial demands of the requirement, including current relationships with lending and/or financial institutions or equity sources which have demonstrated interest in providing financing for the proposed project; and 3) at the offerors discretion, any additional information the offeror believes supports the above certification and will assist the CO in making the determination of responsibility for the offeror and its subcontractors.

4. Representation by Corporations Regarding Delinquent Tax Liability or Felony Conviction Under any Federal Law.

Refer to FAR 52.209-11.

5. Small Business Representation. Refer to 52.219-1.

6. Documentation to support the representation at FAR 52.226-3, Disaster or Emergency Area Representation.

Offeror shall submit completed representations in accordance with FAR 52.226-3.

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.

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 that at least half of gross revenues were generated by office in the set aside area.

Offeror shall submit any additional documents necessary to support their Disaster or Emergency Area Representation. Refer to FAR 52.226-3.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option periods possible under 52.217-8 (maximum of six months), Options to Extend Services, the Government will evaluate the option to extend services by adding six months of the offeror’s final option period price to the offeror’s total price. This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract’s/order’s period of performance (the end of the base period or any option period) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (NOV 2020)

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 product means any 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 a 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 mean 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 Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(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) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "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) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "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":

(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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product."

Other Foreign End Products:

Line Item No. Country of Origin

Free Trade

Agreement Country End

Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End

Products:[List as necessary]Line

Item No.

Country of Origin

Line Item No. Country of Origin

[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 product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country 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.

(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…