24322619R0004_-_WHF_Selection_Event_-_Combined_Synopis_-_RFP_-_FINAL_-_19_Mar_2019.pdf

24322619R0004: White House Fellows Selection Event

AcqTrack# 29749

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; proposals are being requested and a written solicitation will not be issued.

The Solicitation number is 24322619R0004 and is issued as a Request for Proposal (RFP). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2019-01 effective 20 December 2018.

The North American Industrial Classification System (NAICS) code is 721110 (Hotels, except

Casino Hotels) and Motels. The small business size standard is $32.5 million. This procurement is set aside for small businesses.

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 Event. This year’s WHF Selection

Event will be held on June 5, 2019 – June 9, 2019.

The facility must be located in the downtown Northwest Washington, DC area and be metro accessible.

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

The Office of Personnel Management intends to award one (1) Firm Fixed Price contract for this requirement to the offeror 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).

STATEMENT OF WORK

White House Fellows Selection Event

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.

WHF 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. WHF 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 this mission, WHF needs to acquire a contractor to provide overnight accommodations for 60 guests and food and beverage services for the WHF Selection Event to be held on the second or third week in June. 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 approved and listed on the U.S. Fire Administration Hotel and Motel National Master List found at http://cwww.usfa.fema.gov/hotel/search.cfm.

The Contractor's facility must be compliant with the requirements of the American with

Disabilities Act (Public Law 101-336) 42 U.S.C. 12101 et. seq.).

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

4. SUMMARY OF REQUIREMENTS:

The offeror shall be required to provide overnight accommodations, conference space, food and beverage services, audio visual equipment and layout of floor plans for the WHF Selection

Event on an annual basis to include, but are not limited to following:

1.1 LOCATION: The facility must be located in the downtown Northwest Washington, DC area and be metro accessible. This location provides easy access for OPM coordinators.

1.2 MEETING NEEDS:

Thursday

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

10 interview rooms (beds removed with 2-4 banquet chairs and one schoolie in each room).

All rooms must be on the same floor.

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

Two (2) Guest Rooms used as storage rooms

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

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

Require Wi-Fi

Saturday

10 interview rooms (beds removed with 2-4 banquet chairs and one schoolie in each room).

All rooms must be on the same floor.

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

Two (2) Guest Rooms used as storage 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

Require Wi-Fi

Sunday

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 shall be Non-smoking. All conference/meeting/reception rooms must be on the same floor. The contractor’s facility must be compliant with the requirements of the American Disabilities Act (Public Law 101-336) 42

U.S.C. 12101 et.seq.) and Federal Emergency Management Agency approved and listed on the

U.S. Fire Administration Hotel and Motel National Master List found at http://www.usfa.fema.gov/hotel/search.efm.

1.3 OVERNIGHT ACCOMMODATIONS: Lodging rates must be within the Washington, DC per diem. The final room list will be provided no later than May 13 th of each year of the resultant contract. The overnight accommodations breakdown for this year’s event will be as follows:

Wednesday

Approximately 3 Non-smoking King rooms (Single)

Approximately 4 Non-smoking Double rooms

Approximately 32 Non-smoking Single rooms

Approximately 18 Non-smoking Double rooms http://www.usfa.fema.gov/hotel/search.efm

Sunday

Approximately 3 Non-smoking Kings rooms (Single)

Approximately 4 Non-smoking Double rooms

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

Reception for 60 people

Plated dinner for 60 people

Friday

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

Saturday

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

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

1.5 AUDIOVISUAL EQUIPMENT: Audiovisual equipment will be required for plenary sessions. Audiovisual staff is required to be on site during the dates audio is required.

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

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

Commissioners Lunch

Podium with wireless backup microphone (1)

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

National Finalists Lunch

Wireless microphone (2)

Commissioners Meeting

Podium with wireless backup microphone (1)

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

Tabletop microphones for conference table (10)

Closing reception

Wireless microphone (2)

1.6 PARKING: Provide 35 guests parking at the hotel.

5. 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 before June 4, 2019 and include but are not limited to the following:

Overnight Accommodations

Food & Beverage Service

Meeting Space

Audio Visual Equipment

Parking Spaces

6. PERIOD OF PERFORMANCE:

The period of performance shall be for a period of one (1) year (base period) beginning June 1, 2019 through May 31, 2020.

This year’s WHF Selection Event will be held on June 5, 2019 – June 9, 2019.

7. PLACE OF PERFORMANCE:

The work will be performed at the Contractor facility.

END OF SOW

1.0 Instruction to Offerors: Submission of Proposal

52.212-1 Instructions to Offerors—Commercial Items Jan 2017

Incorporated by reference

The offeror shall include in its quotation a discussion of the offeror's proposed technical approach 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 approach to accomplishing this work is sound. Your technical proposal 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 offeror 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.

Proposal page limits are as follows:

Technical Proposal – 15 pages maximum

Business/Price Proposal – no page limit

Proposals 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 proposals and not specifically excluded by the solicitation. Any index, table of contents, glossary, company brochures, floor plans, menus, etc. will not be included in the maximum page limitation.

Offeror(s) are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Each file of the proposal 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) Proposals 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 offeror must submit an explanation of the proposed technical approach in conjunction with the tasks to be performed in achieving the project objectives.

(b) Evaluation of the technical portion of proposals 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

PROPOSAL

3.1 PRICE INFORMATION

Offerors shall submit Firm-Fixed Price proposal responses for the each pricing area in the respective pricing chart below (Attachment 1).

Offerors are responsible for computing ALL calculations to determine the total proposed price per course delivery as well as, the total of all proposed course deliveries.

PRICING Per Day Total

Overnight Accommodations

Food and Beverage Services

Meeting Space

Audio Visual Equipment

Parking

Total

3.2 INFORMATION OTHER THAN PRICING DATA

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

4.0 FORMAT AND ADDITIONAL CONTENT

The proposal shall include the following:

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

Items

(2) Technical Approach - The offeror shall include in its proposal a discussion of the offeror’s proposed technical approach to respond to the requirements in the SOW.

Include (1) a narrative describing your understanding of this requirement, (2) a description of your technical expertise 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 offorer shall clarify for each line item if the unit price represents the vendor’s published prices, or lower.

(4) The RFQ number;

(5) Offeror's Dun & Bradstreet (DUNS) number;

(6) The name, address, telephone and e-mail address of the Offeror; to include contractor POC 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 proposals must be submitted via email directly to the CO and Contract Specialist as identified above.

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

Offerors may submit modifications to their proposal at any time before the RFP closing date and time or in response to an amendment in accordance with the terms of the amendment.

Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

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

Proposals in response to this RFP will be valid for a period of 90 calendar days.

Restriction on disclosure and use of data. Offerors 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 Offeror 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.

Proposals shall be received no later than 1:00 PM Eastern Daylight Time (EST)/Local

Time/Washington DC, 29 March 2019 (Friday). Proposals submitted in response to this notice shall include the solicitation number (24322619R0004) and Vendor Name in the subject line and be signed, dated and submitted via email to Jamila.Bransford@opm.gov . Offerors are solely responsible for ensuring their proposals are received at the designated time and place for receipt of proposals.

Proposal shall be submitted in either MS Word or Adobe format. Must be less than 20

MB to get through the email server.

mailto:Jamila.Bransford@opm.gov

Technical and Pricing proposals 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 proposal is not submitted in two separate files, your response to this solicitation will be considered non-responsive and withdrawn from consideration.

5.0 COMMUNICATION AND QUESTIONS

All communications and questions concerning this solicitation including requests for clarification shall be made in writing to Jamila.Bransford@opm.gov no later than 1:00 pm EST on 29

March 2019. All questions and OPM’s response will be included via solicitation amendment and provided to all offerors via posting on www.fbo.gov. Same/similar questions will be grouped together for a single response Responses to questions will not reference the inquiring interested vendor.

As soon as an offeror is aware of any problem or ambiguity in the specifications, terms or conditions, instructions or evaluation criteria of this solicitation, they must notify the OPM

Contracting Officer via email to Jamila.Bransford@opm.gov.

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 proposal. All communications MUST be in writing and submitted via email to

Jamila.Bransford@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 Ability

(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 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 mailto:Jamila.Bransford@opm.gov

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 offeror must meet ALL of the mandatory criteria listed in the SOW. Any proposal 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 will be assessed for completeness and reasonableness. The Government may, at its discretion conduct a price realism Analysis for the limited purpose of assessing whether prices are 1) realistic for the work to be performed; 2) reflect a clear understanding of the requirements; and 3) are consistent with the various elements of the offeror’s technical proposal.

7.0 Basis for Award

The Government will award a purchase order to the offeror whose proposal conforms to the RFP and is considered to provide the best value to the Government with price-related and other non-price factors considered, in accordance with FAR 13.106-2, Evaluation of quotations or offers.

For this RFP, offerors shall not submit past performance information since the Contracting

Officer will consider past performance as part of the required responsibility determination for the awardee.

The Government is conducting this source selection in accordance with the competitive negotiation source selection procedures contained in FAR Part 15.

The Government anticipates awarding a single firm fixed price (FFP) contract to the responsible offeror whose proposal 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 Chart

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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror 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 52.204-7 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 (Oct 2018)

FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (Oct 2018)

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Oct

2018)

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--

“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;

(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

[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.:

(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

(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:

(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

(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:

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

(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; and

(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 $3,500 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 appear 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.