24322620R0005 WHF Selection & Placement Events.docx

24322620R0005

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.

The Solicitation number is 24322620R0005 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) FAC 2020-04 / 1-15-2020.

The North American Industrial Classification System (NAICS) code is 721110, and the small business size standard is $32.5 million. This is exclusively set-aside for small businesses.

The U.S. Office of Personnel Management (OPM) is soliciting proposals from offerors that are capable of contractor to provide overnight accommodations, conference space, food and beverage services, and visual equipment in the support of the annual White House Fellows (WHF) Selection (June 11-14, 2020) and Placement Event (July 13-17, 2020). In addition, there may be a need to reserve additional rooms during the week.

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

Note: 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 to the Government and can accommodate the requested dates as indicated in the Statement of Work (SOW).

STATEMENT OF WORK

White House Fellows Selection and Placement Events

1. BACKGROUND

Founded in 1964, the White House Fellows 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.

The President’s Commission on White House Fellows requires a contractor to provide overnight accommodations, conference space, food and beverage services, and visual equipment in the support of the annual White House Fellows Selection (June 11-14, 2020) and Placement Event (July 13-17, 2020).

2. SCOPE

In support of this mission, WHF needs to acquire 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 in June and Placement Event held in July. Additionally, there may be a need to reserve rooms doing the week. 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.).

4. GOVERNMENT FURNISHED MATERIAL/INFORMATION:

On an annual basis WHF will provide the selected contractor with their requested dates, number of attendees, meeting needs for the Selection Event no later than March 15, 2020.

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.

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

1.1 DATES:

Task 1: Selection Event is usually held during the second week in June. On an annual basis the WHF’s will notify the contractor of their requested dates for the Selection Event no later than March 15, 2020.

Task 2: Placement Event is usually held during the third week in July. On an annual basis the WHF’s will notify the selected contractor of their requested dates for the Placement Event no later than June 15, 2020.

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

1.3 MEETING NEEDS:

· Task 1: Selection Event in June

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)

· 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

· 11 interview rooms (beds removed with 2-4 banquet chairs and one schoolie in each 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

· 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. 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.

· Task 2: Placement Event in July – conference/meeting spaces are not required for this event

1.4 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 13, 2020. The overnight accommodations breakdown for this year’s event will be as follows:

Wednesday

· 6 Non-smoking rooms - Single Occupancy

· 6 Non-smoking rooms - Double Occupancy

Thursday

· 35 Non-smoking rooms - Single Occupancy

· 20 Non-smoking rooms - Double Occupancy

Friday

· 35 Non-smoking rooms - Single Occupancy

· 20 Non-smoking rooms - Double Occupancy

Saturday

· 35 Non-smoking rooms - Single Occupancy

· 20 Non-smoking rooms - Double Occupancy

Sunday

· 6 Non-smoking rooms - Double Occupancy

· Task 2: Placement Event in July. The final room list will be provided no later than June 26, 2020. The overnight accommodations breakdown for this year’s event will be as follows:

Sunday

· 6 Non-smoking rooms - Single Occupancy

Monday

· 18 Non-smoking rooms - Single Occupancy

Tuesday

· 18 Non-smoking rooms - Single Occupancy

Wednesday

· 18 Non-smoking rooms - Single Occupancy

Thursday

· 18 Non-smoking rooms - Single Occupancy

Friday

1.5 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

Thursday

· 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

· 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 12-17, 2020. The following is a summary of good and beverage service needs for this year’s event:

Sunday

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

Monday

· (17) $30.00 vouchers for daily room services / restaurant use

Tuesday

· (17) $30.00 vouchers for daily room services / restaurant use

Wednesday

· (17) $30.00 vouchers for daily room services / restaurant use

Thursday

· (17) $30.00 vouchers for daily room services / restaurant use

Friday

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

1.6 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

Thursday Commissioners Reception

· Podium with wireless backup microphone (1)

National Finalists Welcome and Briefing

· Podium with wireless backup microphone (1)

Commissioners Briefing

· Podium with wireless backup microphone (1)

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

Opening Dinner

· Podium with wireless backup microphone (1)

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

Saturday 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)

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

1.7 PARKING: Provide guests parking at the hotel.

· Task 1: Selection Event from June11-14, 2020

· Task 2: Placement Event from July 12-17-2020

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 before June 7, 2020 and include but are not limited to the following:

· Overnight Accommodations

· Food & Beverage Service

· Meeting Space

· Audio Visual Equipment

8. PERIOD OF PERFORMANCE:

The period of performance shall be for a period of one (1) year beginning June 1, 2020 through May 31, 2021.

9. PLACE OF PERFORMANCE:

The Government anticipates that the work will be performed at the Contractor facility.

10. QUALITY ASSURANCE SURVEILLANCE PLAN:

Overnight Accommodations

Food and Beverage Services

Meeting Space

Audio Visual Equipment

1. PREPARING THE TECHNICAL PORTION OF THE PROPOSALS

(a) 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:

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

· Provide Floor plans for the lodging rooms, training rooms and breakout rooms

· Describe your strategy for dealing with potential significant technical, administrative, or managerial problems that could arise, particularly those issues that impact deliverable deadlines.

(b) The offeror should describe its capability of meeting the required services as described in the SOW.

Corporate/Team Experience

The offeror shall summarize its corporate experience (including results) with providing conference facility contracts similar to this solicitation that the offeror has successfully performed in the past three (3) years. The information presented shall be in sufficient detail to describe the previous experience and effectiveness of the offeror in similar or closely related work, and to demonstrate the offeror’s current ability to accomplish the tasking in this solicitation.

This summary should include:

· Firm Experience: statement of the offering firm’s level of involvement, degree of success, number of resources and overall performance on efforts involving the provision of conference facility similar in nature to the requirements of this project.

· Management Experience: statement of the level of involvement, degree of success, number of resources and overall performance on efforts involving the provision of conference facility similar in nature to the requirements of this project, including the resume (s) of the management resources that will be responsible for this project.

· Experience of Available Resources: statement of the level of involvement, degree of success, number of resources and overall performance on efforts involving the provision of conference facility similar in nature to the requirements of this project, including the provision of resumes of resources that will be available for this project.

The offeror shall demonstrate relevant past performance on contracts currently being performed or performed within the past three (3) years from January 27, 2017 or affirmatively state that it possesses no relevant past performance. The Government will determine relevance by analyzing the “scope”, “magnitude” and “complexity” of the reference contracts and comparing them to the instant requirement. The Government reserves the right to evaluate submitted projects individually or in the aggregate in order to determine relevance and will do so consistently across all evaluated offers. The Government will also consider the quality of the Contractor’s relevant past performance.

(c) Also include the following information for three (3) contracts and/or subcontracts for requirements as similar as possible to the current requirement:

· Name of contract or project;

· Contract Number;

· Role (Prime or Subcontractor);

· Sponsoring Organization or Company;

· Contract type;

· Period of Performance;

· Total Contract Value;

· Contract Manager and telephone number;

· Program Manager and telephone number;

· Project description, scope of work performed, services or products delivered;

· Major success or accomplishments, and

· Major problems, lessons learned, and solution(s) applied if applicable.

(d) If the offeror is proposing subcontractors, proposal responses shall include a Contractor Teaming Arrangement (CTA) between no more than two partners. A copy of the CTA Agreement must be provided in response to this solicitation at the time of the proposal due date. The CTA Agreement must contain all of the elements identified below and be in accordance with Federal Acquisition Regulations (FAR) 9.6 Contractor Teaming Arrangements. Specifically, the CTA Agreement shall:

· Identify the Team Lead and no more than one additional Team Member;

· Identify the Team Member who shall be exclusively responsible for performance and successful delivery of all requirements within this solicitation

· Team Lead shall not limit any rights of OPM to work directly with the other Team Member CTA’s which are not in affirmative agreement with the above items are not in conformance with this solicitation and shall not be considered for award.

Subcontracting/CTA/JV is NOT required in order for an offeror to submit a proposal response, and/or be awarded a contract. However, offerors may consider subcontracting/CTA/JV’s that are in accordance with FAR and solicitation requirement stated herein as a means to more fully meet the requirements.

Rules concerning subcontracting: The Government considers the prime offeror and subcontractors as a single entity. Therefore, the prime contractor must demonstrate the capability of performing the required services. Post-award changes shall not be considered.

Rules concerning CTAs: The Government considers team members to be separate entities. Therefore, the team members must demonstrate the capability of providing/performing the required products/services. However, the Team Lead commits to meeting all requirements of this solicitation and the proposed technical response. Post-award changes shall not be considered.

Rules concerning Joint Ventures: A Joint Venture is equivalent to a single entity and will be considered as one (1) company. Offerors proposing as a Joint Venture shall submit their agreement. Post-award changes shall not be considered.

(e) 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 – 10 pages maximum

· Business/Price Proposal – 3 pages maximum

(f) 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.

(g) 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. 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. INSTRUCTIONS FOR PREPARING THE BUSINESS PORTION OF THE PROPOSAL

PRICE INFORMATION

Offerors shall submit Firm-Fixed Price proposal responses for each pricing area in the respective pricing chart attached (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.

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.

PRICING

The offorer shall clarify for each line item if the unit price represents the vendor’s published prices, or lower.

SPECIAL BUSINESS PROPOSAL INSTRUCTIONS

The Government anticipates that the work will be performed at the Contractor’s facility.

DATES:

Proposal Response Due Date

Proposals shall be received no later than 12:00 PM Eastern Daylight Time (EDT), February 17, 2020. Proposals submitted in response to this notice shall include the solicitation number in the subject line and be signed, dated and submitted via email to Alicia.Codrington@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.

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.

Responsiveness. Only those proposals that fully meet all the requirements as outlined in the SOW and that respond to the Instructions to Offerors will be considered RESPONSIVE, which will receive further consideration and continue in this procurement action. All Non- Responsive offerors will not receive any further consideration and will be eliminated from this procurement action.

Questions.

All questions concerning this solicitation shall be made in writing to Alicia.Codringto@opm.gov no later than 12:00 pm EDT on February 5, 2020. All questions and OPM’s response will be included via solicitation amendment and provided to all offerors via posting on https://beta.sam.gov/help/contract-opportunities. Same/similar questions will be grouped together for a single response Responses to questions will not reference the inquiring interested vendor.

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 Alicia.Codrington@opm.gov.

List of Attachments

Attachment 1 - Pricing Chart Attachment 2 – Relevant Past Performance Questionnaire

FAR Clauses

52.212-1 Instructions to Offerors—Commercial Items Oct 2018 Incorporated by reference

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 Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

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 sections 6. Summary of Requirements of the Statement of Work. 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.

· Relevant Past Performance - The extent to which offerors' relevant past performance (“scope”, “magnitude” and “complexity”) demonstrates the likelihood of successful performance in delivering high quality services within scope of Statement of Work for the past three years that are directly relevant to this project. The Government will also consider the quality of the Contractor’s relevant past performance; and

Price Factor

· Price Non price factors and past performance when combined are significantly more important than price.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

1. Basis for Award

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. In accordance with FAR 15.101-1 – Tradeoff Process the Government will analyze proposals using the evaluation factors listed in FAR 52.212-2 - Evaluation—Commercial Items.

In performing its trade off analysis, the Government will assess the offeror’s relative strengths, deficiencies, weaknesses, and risks.

When conducting the evaluation for Relevant Past Performance, the Government may use information provided by the offeror in their proposals, as well as information obtained from other sources. Each offeror is responsible for ensuring that the information provided is thorough, accurate, and complete.

The Government reserves the right to evaluate proposals and award contracts without discussions with the offerors. Evaluations may be based on the offeror’s initial proposal. Therefore, the offeror's proposal should contain the offeror’s most advantageous proposal from a technical and price standpoint.

2. 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.

3. Relevant Past Performance

The Government will determine relevance by analyzing the “scope”, “magnitude” and “complexity” of the reference contracts and comparing them to this requirement. The Government reserves the right to evaluate submitted projects individually or in the aggregate in order to determine relevance and will do so consistently across all evaluated offers. The Government will also consider the quality of the Contractor’s relevant past performance.

Offerors with no past performance will result in an assignment of a neutral/unknown confidence rating, which will indicate neither a FAVORABLE nor UNFAVORABLE evaluation rating. In addition, if a Joint Ventures (JV) does not have any past performance as a JV or if the individual companies that comprise the JV do not have any past performance, then the JV will receive a neutral/unknown confidence rating. If the individual members do have past performance experience, then that performance will be evaluated on behalf of the Joint Venture. If the Joint Venture acts as the Prime, but has subcontractors, the subcontractor’s past performance (if there is any) will also be used in the evaluation.

4. Discussions

The Government will evaluate proposals and may award without discussions with offerors. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. Offerors may be given the opportunity to clarify certain aspects of proposals (e.g., the relevance of an offeror’s past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors, but not rising to the level of discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

5. Exchanges

Exchanges with offerors after receipt of proposals do not constitute a rejection or counter offer by the government

6. Final Proposal Revision (FPR)

If discussions are held with offerors in the competitive range, they will be conducted by the Contracting Officer (CO) in accordance with FAR Part 15. When the CO closes the discussion process, the CO will issue a Call in writing, for FPR to all offerors remaining in the competitive range. Specific submission instructions for the FPR will be contained in the CO’s Call for FPR

52.212-3 Offeror Representations and Certifications—Commercial Items (Dec 2019)

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

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

“Manufactured 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”— “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 veteransor, 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 with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that— (1)Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation “Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard 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 (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □is, □is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □is, □is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □is, □is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i)It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i)It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that– (i)It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii)It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that- (i)It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii)It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that- (i)It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii)It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,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:

[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…