2022 WHF Selection Placement Event_Combined Synopis RFQ_4.29.22.pdf

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The Solicitation number is 24322622Q0043 and is issued as a Request for Quotations (RFQ). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2021-06 published in the Federal Register on June 10, 2021.

The North American Industrial Classification System (NAICS) code is 721110 (Hotels, except Casino Hotels) and Motels. The small business size standard is $35 million. This procurement is set aside for small businesses.

Due Date: Quotations shall be submitted by 1:00 PM Eastern Time (ET) May 12, 2022 to Michelle Yates at michelle.yates@opm.gov. Facsimile is not authorized under this announcement.

Questions. Submit technical questions to the Contract Specialist in writing, via email to Michelle Yates at michelle.yates@opm.gov on or before 11:00 am Eastern time on May 3, 2022. Telephonic (verbal) questions will not be addressed. All responses to questions, which may affect the quotation, will be incorporated into a written amendment to the RFQ.

Note: Communications with officials other than the OPM Contracting Officer / Contracting Specialist may compromise the competitiveness of this acquisition and result in the cancellation of the solicitation and/or exclusion of your quote. All communications MUST be in writing and submitted via email to Michelle.Yates@opm.gov.

The Office of Personnel Management (OPM), in its support of the President’s Commission on White House Fellows (WHF), is soliciting a contractor to provide overnight accommodations, conference space, food and beverage services, audio visual equipment and layout of floor plans for the WHF Selection and Placement Events. This year’s WHF Selection Event will be held on June 2-5, 2022, and the placement event will be July 11-15, 2022. The Government is not seeking a third-party event planner or coordinator services, nor shall it evaluate quotations from other than direct providers of the services required.

The hotel must be in the downtown Northwest Washington, DC area and be metro accessible. The hotel must have at least a four (4) diamond/crown/star rating or higher as defined by the American Automobile Association (AAA), Northstar Travel Media (NTM) Crown, Forbes Travel Guide or approved equivalent.

Note: The food and beverage services cannot exceed the federal daily per diem rates.

OPM intends to award one (1) Firm Fixed Price contract for this requirement to the Quoter that represents the best value – lowest price technically acceptable (LPTA) to the Government and can accommodate the requested dates as indicated in the Statement of Work (SOW).

mailto:michelle.yates@opm.gov mailto:michelle.yates@opm.gov

STATEMENT OF WORK

2022 White House Fellows Selection and Placement Events

1. BACKGROUND

Founded in 1964, the White House Fellows (WHF) program is America’s most prestigious program for leadership and public service. White House Fellowships offer exceptional young men and women first-hand experience working at the highest levels of the federal government.

White House Fellows typically spend a year working as full-time, paid special assistants to senior White House Staff, the Vice President, Cabinet Secretaries, and other top-ranking government officials. White House Fellows also participate in an education program consisting of roundtable discussions with renowned leaders from the private and public sectors, and trips to study U.S. Policy in action both domestically and internationally. Fellowships are awarded on a strictly non-partisan basis.

2. SCOPE

In support of its mission, the Office of Personnel Management (OPM) requires a contractor to provide overnight accommodations, conference space, food and beverage services, and visual equipment for the White House Fellows Selection Event to be held on June 2-5, 2022 and the Placement Event held on July 11-15, 2022. The overnight accommodations and food and beverage services cannot exceed the federal daily per diem rates.

3. APPICABLE CONDITIONS

The Contractor’s facility must be Federal Emergency Management Agency (FEMA) approved and listed on the U.S. Fire Administration Hotel and Motel National Master List found a http://cwww.usfa.fema.gov/hotel/search.cfm.

The Contractor's facility must be compliant with the requirements of the American with Disabilities Act (ADA) (Public Law 101-336) 42 U.S.C. 12101 et. seq.).

4. GOVERNMENT FURNISHED MATERIAL/INFORMATION:

OPM will provide the selected contractor with the registration and attendee data upon award.

5. CONTRACTOR FURNISHED MATERIAL/ INFORMATION:

All supplies and materials shall be of a type and quality that conform to applicable

Federal specifications and standards and, to the extent feasible and reasonable, include the exclusive use of bio-based products. For the bio-based content products evaluation, all non-chemical products proposed for use under this contract must conform to the Department of Agriculture (USDA) Designated Bio-based Products List (DBPL) whenever practicable. A sample listed of supplies and materials is listed in “Meeting Needs”. This list may not be all inclusive.

http://cwww.usfa.fema.gov/hotel/search.cfm

Each product submitted must be identified with one of these categories. It is desirable that vendors be able to supply the greatest number of bio-based products listed meeting the health and environmental specifications. Labeling should be printed on all containers.

It is desirable that vendors be able to supply the greatest number of bio-based products listed meeting the health and environmental specifications. Labeling should be printed on all containers.

All related product information to include MSDS sheets and types of chemicals that will be used shall be provided to and approved by an OPM representative prior to contract award.

6. SUMMARY OF REQUIREMENTS:

The quoter shall be required to provide overnight accommodations, conference space, food and beverage services, and visual equipment for the White House Fellows Selection and Placement Events .

6.1 DATES:

Task 1: Selection Event will be held June 2 – 5, 2022.

Task 2: Placement Event will be held July 11 – 15, 2022.

CANCELLATION: The Government may cancel any/all part of the Meeting Needs, Audio/Visual Equipment, and/or Food and Beverage Service with 72 hours advanced written notice, at no charge to the Government. Cancellation policy of 4 p.m. day of arrival or later is required for the overnight accommodations.

6.2 LOCATION:

The hotel must be in the downtown Northwest Washington, DC area and must be metro accessible. The hotel must have at least a four (4) diamond/crown/star rating or higher as defined by the American Automobile Association (AAA), Northstar Travel Media (NTM) Crown, Forbes Travel Guide or approved equivalent.

6.3 MEETING NEEDS:

Task 1: Selection Event in June

Thursday, June 2nd

• Conference Room 1 for 30 people (Conference style set-up for Commissioner’s Meeting)

• Conference Room 2 for 32 people (Conference style set-up for National Finalists)

• Meeting Room for a reception for 60 people

• Meeting Room for a dinner for 60 people

• Two (2) Guest Rooms used as storage rooms

Friday, June 3rd

• 10 interview rooms (beds removed with 2-4 banquet chairs in room). All rooms must be on the same floor

• Hospitality room (Must be on the same floor as interview rooms)

• Meeting room for 60 people from 7:00am-6:30pm

• Two (2) Guest Rooms used as storage rooms

• Three (3) Meeting rooms for 30 people from 12:00pm-1:00pm

• Reception room for 65 people for 6:00pm-7:00pm

• Dinner room for 65 people for 7:00pm-9:30pm

Saturday, June 4th

• 11 interview rooms (beds removed with 2-4 banquet chairs in room). All rooms must be on the same floor

• Two (2) Guest Rooms used as storage rooms

• Hospitality room (Must be on the same floor as interview rooms)

• Meeting room for 60 people from 7:00am-6:30pm

• Two (2) Meeting rooms for 30 people from 12:00pm-1:00pm

• Reception room for 65 people from 6:00pm-8:00pm

• Meeting room for 30 people from 8:00pm-10:00pm

Sunday, June 5th

• Meeting room for 30 people from 7:00am-4:00pm

• Hospitality room (Must be on the same floor as interview rooms)

Note: All conference/reception/and interview rooms should be Non-smoking. All conference/meeting/reception rooms must be on the same floor.

6.4 OVERNIGHT ACCOMMODATIONS: Lodging rates must be within the Washington, DC per diem.

Task 1: Selection Event in June. The final room list will be provided no later than May 27, 2022.

The overnight accommodations breakdown for this year’s event will be as follows:

Wednesday, June 1st

• 15 Non-smoking rooms - Single Occupancy Thursday, June 2nd

• 60 Non-smoking rooms - Single Occupancy Friday, June 3rd

• 60 Non-smoking rooms - Single Occupancy

• 60 Non-smoking rooms - Single Occupancy Sunday, June 5th

• 15 Non-smoking rooms - Single Occupancy

Task 2: Placement Event in July. The final room list will be provided no later than June 27, 2022.

The overnight accommodations breakdown for this year’s event will be as follows:

Sunday, July 10th

• 6 Non-smoking rooms - Single Occupancy Monday, July 11th

• 18 Non-smoking rooms - Single Occupancy Tuesday, July 12th

• 18 Non-smoking rooms - Single Occupancy Wednesday, July 13th

• 18 Non-smoking rooms - Single Occupancy Thursday, July 14th

• 18 Non-smoking rooms - Single Occupancy Friday, July 15th

• 6 Non-smoking rooms - Single Occupancy

6.5 FOOD AND BEVERAGE SERVICES: The following is a summary of food and beverage service needs for this year’s event:

Task 1: Selection Event in June – Participants do not receive per diem

• Reception for 60 people

• Plated dinner for 60 people

Friday, June 3rd

• Full hot buffet breakfast in Conference room for 60 people

• Coffee for 20 people until mid-morning Hospitality room

• Soft drinks in the afternoon in Hospitality room

• Hot buffet for 60 people split in 3 conference rooms

• Reception for 65 people in conference room

• Plated dinner for 65 people in conference room

• Full hot buffet breakfast in Conference room for 60

• Coffee for 20 people until mid-morning in Hospitality room

• Soft drinks in the afternoon in Hospitality room

• Hot Buffet Lunch in 2 conference rooms

• Reception for 65 people

• Dinner for 30 people

• 30 $30 food vouchers for room service/ restaurant use*

Sunday, June 5th

• Full hot buffet breakfast in Conference room for 30 people

• Coffee/soft drinks break for 30 people

• Box lunches and soft drinks for 30 people

Task 2: Placement Event in July – Participants do not receive per diem. Food and beverage services shall include $30 food vouchers* provided to each person to be used for room service or in the restaurant. This voucher is not to exceed $30 per day per person per room from July 11- 15, 2022. The following is a summary of good and beverage service needs for this year’s event:

Sunday, July 10th

• (5) $30.00 vouchers for daily room services / restaurant use* Monday, July 11th

• (17) $30.00 vouchers for daily room services / restaurant use* Tuesday, July 12th

• (17) $30.00 vouchers for daily room services / restaurant use* Wednesday, July 13th

• (17) $30.00 vouchers for daily room services / restaurant use* Thursday, July 14th

• (17) $30.00 vouchers for daily room services / restaurant use* Friday, July 15th

• (5) $30.00 vouchers for daily room services / restaurant use*

*Unused vouchers will not be charged. Vouchers cannot be used for any alcoholic beverages.

6.6 AUDIOVISUAL EQUIPMENT: Audiovisual equipment and Wi-Fi will be required for plenary sessions. Audiovisual staff is required to be on site during the dates audio is required.

Task 1: Selection Event in June

Commissioners Reception

• Podium with wireless backup microphone (1) National Finalists Welcome and Briefing

• Podium with wireless backup microphone (1)

Commissioners Briefing

• Meeting room project package (projector/screen/stand/small video cable lot) (1 each)

Opening Dinner

Friday, June 3rd Commissioners Lunch

National Finalists Lunch

• Wireless microphone (2)

Commissioners Meeting

• Podium with wireless backup microphone (1)

• Tabletop microphones for conference table (10)

Closing reception

• Wireless microphone (2)

Task 2: Placement Event in July. Audiovisual equipment not required for this event.

6.7 PARKING: Provide guests parking at the hotel.

Task 1: Selection Event from June 2-5, 2022 Task 2: Placement Event from July 11-15, 2022

7. DELIVERABLES:

The contractor shall provide all management, supervision, labor, materials, supplies and equipment (except as otherwise specified); and shall plan, schedule, coordinate, and assure the efficient performance of all overnight accommodations, food and beverage services, meeting space, and audio visual equipment.

Rendering of the services must occur on the dates indicated in section 6, and include the following deliverables:

• Overnight Accommodations

• Food & Beverage Service

• Meeting Space

• Audio Visual Equipment

8. PERIOD OF PERFORMANCE:

The period of performance shall be May 23, 2022, through July 15, 2022.

9. PLACE OF PERFORMANCE:

The work will be performed at the Contractor facility.

10. QUALITY ASSURANCE SURVEILLANCE PLAN:

Deliverables Acceptable Quality Level (AQL)

Monitoring Method Incentive/ Disincentive

Overnight Accommodations for scheduled dates

Deadlines met, accommodations provided as scheduled

Customer feedback Positive/Negative Performance Evaluation

Provide Food and Beverage Services on scheduled dates and times

Deadlines met, meals and beverages provided as scheduled

Customer feedback Positive/Negative Performance Evaluation

Meeting Space/Facilities on scheduled dates and times

Deadlines met, facilities provided as scheduled

Customer feedback Positive/Negative Performance Evaluation

Provided Requested Audio-Visual Equipment for scheduled dates and times

Deadlines met, provided as scheduled or with approved alternatives of equal quality

Customer feedback Positive/Negative Performance Evaluation

END OF SOW

1.0 Instruction to Quoters: Submission of Quotation

52.212-1 Instructions to Quoters—Commercial Items Jan 2017 Incorporated by reference

The Quoter shall include in its quotation a discussion of the Quoter’s proposed technical capability to respond to the requirements in the Statement of Work (SOW). Present clear and convincing evidence that you understand the scope of work as described in the SOW, and that your technical capability to accomplishing this work is sound. Your technical quotation shall include the following:

• A narrative describing your understanding of this requirement.

• A description of your technical expertise for meeting the requirements of this solicitation.

Your narrative should, at a minimum:

o Indicate the initial plan to gain an understanding of OPM’s operations needs;

o Provide Floor plans for the lodging rooms, training rooms and breakout rooms o Describe your strategy for dealing with potential significant technical, administrative, or managerial problems that could arise, particularly those issues that impact deliverable deadlines.

The quoter should describe its capability of meeting the required services as described in the SOW.

The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. A Table of Contents should be created. Files shall use the following Page Setup parameters:

Margins – Top, Bottom, Left, Right - 1” Gutter – 0” From Edge – Header, Footer - 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

The following additional restrictions apply:

• Each paragraph shall be separated by at least one blank line.

• A standard, 11-point minimum font size applies.

• Tables and illustrations may use a reduced font size not less than 8-point and may be landscape.

Quotation page limits are as follows:

• Technical Quotation – 15 pages maximum

• Business/Price Quotation – no page limit

Quotations that exceed the page limits above will be considered non-responsive and will not be given any further consideration. Page numbers, headers and footers may be within the page margins ONLY, and are not bound by the font requirements. Company logos are prohibited with the exception of the Title Page. The page limits are applicable to graphs, tables, drawings and any other attachments submitted with the quotations and not specifically excluded by the solicitation. Any index, table of contents, glossary, company brochures, floor plans, menus will not be included in the maximum page limitation.

Quoter(s) are responsible for including sufficient details to permit a complete and accurate evaluation of each quotation. Each file of the quotation shall consist of a Table of Contents, Summary Section and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked.

2.0 ADDITIONAL INSTRUCTIONS FOR PREPARING THE TECHNICAL PORTION OF THE

QUOTATION

(a) Quotations which merely offer to conduct the work in accordance with the requirements of the Government’s scope of work will be considered non-responsive and will not be given any further consideration. The Quoter must submit an explanation of the proposed technical capability in conjunction with the tasks to be performed in achieving the project objectives.

(b) Evaluation of the technical quotation(s) will be conducted by a technical review committee in accordance with the evaluation criteria stated in FAR Clause 52.212-2, Evaluation - Commercial Items (Oct 2014) below.

3.0 INSTRUCTIONS FOR PREPARING THE BUSINESS PORTION OF THE QUOTATION

3.1 PRICE INFORMATION

Quoter shall submit Firm-Fixed Price responses for the each pricing area in Attachment 1 – Pricing Worksheet.

Quoters are responsible for computing ALL calculations to determine the total proposed price per day as well as, the total of the entire event. All pricing shall be fully burdened.

3.2 INFORMATION OTHER THAN PRICING DATA

The vendor shall submit sufficiently detailed information to permit the Contracting Officer (CO) and authorized representatives to evaluate the offer. Unless otherwise stated in this solicitation, the information may be submitted in the Quoter’s own format.

4.0 FORMAT AND ADDITIONAL CONTENT

The quote shall include the following:

(1) Completed FAR 52.212-3, Offeror Representations and Certifications – Commercial Items

(2) Technical Capability - The Quoter shall include in its quote a discussion of the Quoter’s proposed technical capability to respond to the requirements in the SOW.

Include (1) a narrative describing your understanding of this requirement, (2) a description of your technical capability for meeting the requirements of this solicitation, and (3) a description of your capability of meeting the required services as described in the SOW.

(3) Pricing - The Quoter shall clarify for each line item if the unit price represents the vendor’s published prices, or lower.

(4) The RFQ number;

(5) Quoter’s Unique Entity Identifier (UEI) number;

(6) The name, address, telephone and e-mail address of the Quoter; to include contractor point of contact authorized to negotiate on behalf of the company

(7) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(8) All quotes must be submitted via email directly to the Contract Specialist as identified above and below.

(9) Quotes submitted in response to this RFQ shall be in English and in U.S. dollars.

Quoters may submit modifications to their quote at any time before the RFQ closing date and time or in response to an amendment in accordance with the terms of the amendment.

Quoters may submit revised quotes only if requested or allowed by the Contracting Officer.

Quotes may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the CO and Contract Specialist.

Quotes in response to this RFQ will be valid for a period of 90 calendar days.

Restriction on disclosure and use of data. Quoters that include in their Quotes data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall:

• Mark the title page with the following legend: This Quote includes data that shall not be disclosed outside the Government and shall not be duplicated, used or disclosed--in whole or in part--for any purpose other than to evaluate this Quote. If, however, a purchase order is awarded to this Quoter as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting purchase order. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction.

The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

• Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this Quote.

Quotes shall be received no later than 1:00 PM Eastern Daylight Time (EST)/Local Time/Washington DC, May 12, 2022 (Thursday). Quotes submitted in response to this notice shall include the solicitation number (24322622Q0043) and Quoter Name in the subject line and be signed, dated and submitted via email to Michelle.Yates@opm.gov. Quoters are solely responsible for ensuring their quotes are received at the designated time and place for receipt of quotes.

Quotes shall be submitted in either MS Word or Adobe format. Must be less than 20 MB to get through the email server.

Technical and Pricing quotes MUST be in two separate volumes. Each of the parts shall be separate and complete, so that evaluation of one may be accomplished independently of and concurrently with the evaluation of the others. If your technical and price quote is not submitted in two separate files, your response to this solicitation will be considered non-responsive and withdrawn from consideration.

Note: Communications with officials other than the OPM Contracting Officer / Contracting Specialist may compromise the competitiveness of this acquisition and result in the cancellation of the solicitation and/or exclusion of your quote. All communications MUST be in writing and submitted via email to Michelle.Yates@opm.gov.

6.0 Evaluation

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:

(1) Technical Capability

(2) Price

(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). – Not Applicable for this requirement

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Quoter 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 or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Non-Price Factors

• Technical Capability - To be considered responsive and eligible for award, the Quoter must meet ALL of the mandatory criteria listed in the SOW. Any quote not meeting one or more of these criteria will be considered unacceptable and will not be given any further consideration.

OPM reserves the right to conduct an on-site inspection of offered facilities.

Price Factor

• Price

Price evaluation will be based on the extent to which price is quoted in accordance with the terms and conditions of the solicitation and is determined to be both fair and reasonable. Price will not be given a specific rating but will be evaluated and provided to the Contracting Officer as part of the integrated assessment.

• Price will be determined by the aggregate total of all line items.

• All line items must be quoted

7.0 Basis for Award

Following the LPTA evaluation process, the Government will first evaluate price to determine the lowest through highest priced quotations. Only the lowest priced quote whose price quotation response is determined to be in accordance with the terms and conditions of the solicitation, will be evaluated for technical acceptability. If the lowest priced quote is deemed technically unacceptable, the next lowest priced quote whose price quotation response is determined to be in accordance with the terms and conditions of the solicitation will be considered, and so on until a quoter is identified to be technically acceptable. Award will then be made on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost factors. Quoters will be advised that the Government may not evaluate the technical quotation response of all quoters under this solicitation.

The Government anticipates awarding a single firm fixed price (FFP) contract to the responsible Quoter whose quote represents the best value to the Government, price and other factors considered.

Best value as defined in FAR Part 2, is the expected outcome of an acquisition that in the Government's estimation, provides the greatest overall benefit in response to the requirement. The Government will conduct a lowest price technically acceptable analysis using the evaluation factors listed in FAR 52.212-2 - Evaluation—Commercial Items.

8.0 List of Attachments

(1) Pricing Worksheet

Solicitation Provisions and Clauses: Federal Acquisition Regulation (FAR)

FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Quoter is cautioned that the listed provisions may include blocks that must be completed by the Quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov

Provisions and Clauses are Hereby Incorporated By Reference:

FAR 52.204-6 Unique Entity Identifier.

FAR 52.204-7 System for Award Management. (Oct 2018) FAR 52.204-13 System for Award Management Maintenance. (Oct 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting. (Jul 2016) FAR 52.204-17 Ownership or Control of Offeror. (Jul 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance. (Jul 2016) FAR 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014) FAR 52.212-1 Instructions to Offerors -- Commercial Items (Nov 2021) FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (Nov 2021) FAR 52.225-13 Restrictions on certain foreign purchases (Feb 2021) FAR 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions

Relating to Iran—Representation and Certifications (Jun 2020) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

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

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

(a) Definitions. As used in this provision--https://www.acquisition.gov/ https://www.acquisition.gov/

“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—

(6) 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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(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” 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.

“Small disadvantaged business concern, consistent with 13 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 at 13 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 CFR 124.104(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 business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“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 least 51 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.

“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.

(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 applicable to the NAICS code 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 (u) 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 is to 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 CFR 124.1002.

(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.

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

(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.

(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 Order 11246 --

(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 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, 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.” 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”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

LINE ITEM NO.

COUNTRY OF ORIGIN

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or 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

(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.