Combined Synopsis Solicitation - 47PA0325R0001-0002 - Set Aside AE IDIQ AMENDMENT 0002 Dated 13 January 2025.pdf

47PA0325R0001-0002

AMENDMENT 0002 13 JANUARY 2025

SUMMARY OF CHANGES:

The due date for responses has been extended to 5PM Eastern on 04 February 2025.

The number of changes requires a thorough review of this entire document.

Instructions for submission and solicitation clauses and provisions have been added starting on page 8.

COMBINED SYNOPSIS/SOLICITATION – SET-ASIDE FOR SMALL BUSINESSES

Solicitation Number: Notice Type:

Combined Synopsis/Solicitation Synopsis: 47PA0325R0001-0002

This synopsis/solicitation is a Request for Qualifications (RFQ) for zonal Architect and Engineering (AE) Indefinite Delivery Indefinite Quantity (IDIQ) contracts, for a period of one base year plus up to four one-year option periods per contract. Four single award IDIQs will be made from this Solicitation for AE services. This procurement is set-aside for small businesses. Interested small businesses may submit an offer for one or more zones.

Classification Code: C – Architect and Engineering Services NAICS

Code: 541310

Contracting Office Address: Public Buildings Service Special Programs Division Acquisition Branch (PXAA) Washington, DC 20405

Place of Performance: Place of business of selected AE firms and various Government controlled sites within the established and applicable zone.

Contracting Officer: Lindsey McCampbell

Phone Number: 817-978-4070

Project: Zonal IDIQs, Architectural and Engineering Design

Services

Project type: Various

Client Agency: GSA/PBS/SPD

Size/Budget: Varied

NOTICE: SETASIDE FOR SMALL BUSINESSES

The deadline for submitting questions is 5 p.m. local time on 17 January 2025.

Special Programs Division (SPD) of the U.S. General Services Administration (GSA), Public Buildings Service (PBS), has a requirement for Professional Architectural and Engineering (AE) services on an Indefinite Delivery/Indefinite Quantity (IDIQ) basis. Orders placed by SPD will primarily cover requirements of client agencies. Contracting Officers (COs) within PBS will be authorized to place orders against the contracts upon receipt of a delegation of authority from the SPD CO.

Four single award IDIQ contracts will include all facilities under the jurisdiction, custody and control of GSA in the entire United States (U.S.), including all U.S. Territories. All AE services will be provided when so authorized by execution of firm-fixed-price Task Orders. Individual Task Order values will be based on an Estimated Construction Cost at Award (ECCA) of less than or equal to the prospectus threshold (currently $3.6 million). Note - This value can be exceeded if agreed to by the contractor.

This requirement is solicited as a total Small Business Set-Aside. The NAICS code is 541310 (Architectural Services) and the small business size standard is $12.5 million. It is anticipated that four separate contracts will be awarded. The firm-fixed-price IDIQ contracts will each consist of one base year and up to four, one-year option periods. Offerors may submit a proposal for each of the zones they are interested in, but a single proposal for multiple zones will not be accepted. The zonal awards shall encompass the following Primary Contract Areas.

Zone GSA Regions States

A 1. New England

2. Northeast & Caribbean

3. Mid-Atlantic

Maine, Vermont, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, West Virginia, Virginia, Delaware, Maryland, Puerto Rico and U.S. Virgin Islands

B 4. Southeast Sunbelt

5. Great Lakes

6. Heartland

7. Greater Southwest

Florida, Georgia, South Carolina, North Carolina, Kentucky, Tennessee, Mississippi, Alabama, Minnesota, Wisconsin, Michigan, Ohio, Indiana, Illinois, Nebraska, Iowa, Kansas, Missouri, New Mexico, Oklahoma, Arkansas, Louisiana, and Texas

C 8. Rocky Mountain

9. Pacific Rim

10. Northwest/Arctic

Alaska, Montana, North Dakota, South Dakota, Wyoming, Utah, Colorado, Nevada, Arizona, California, Washington, Oregon, Idaho, and Hawaii

D 11. National Capital Central Office

District of Columbia and the immediate surrounding area

On an occasional basis, work may also include locations in the Secondary Contract Area. The Secondary Contract Area for the IDIQ contract covers the entire United States (U.S.), including all U.S. Territories, and consists of the Zones comprising other states and territories that are not covered as part of the IDIQ contract’s Primary Contract Area. The Secondary Contract Area may be awarded as a Primary Contract Area(s) under separate contract(s) to other contractor(s). In addition, the Secondary Contract Area of this contract may also be the Secondary Contract Area under other contracts.

Services may be provided under this contract within the Secondary Contract Area if ordered by the Government. However, the Contractor is not obligated to perform work in the Secondary Contract Area and may decline such orders by notifying the CO within 3 workdays of receipt of a request for proposal or order for such services. The Government shall have no obligation to order services to be performed under this contract within the Secondary Contract Area, and its failure to order any such services shall not breach or otherwise violate the contract.

Small business set-asides. When forming a formal Joint Venture or Partnership in response to a small business set-aside, all team members must meet the socioeconomic status for the set-aside. For all Contractor Team Arrangements (CTAs) submitted in accordance with FAR Subpart 9.6, the Limitations on Subcontracting (FAR 52.219-14) apply, (i.e., the small business team members must perform at least 50% of the value of the work to be completed).

The Maximum Ordering Limitation (MOL) for each contract across all potential contract years is $50 million dollars. There will be a $1,000 guaranteed minimum for the first year of each IDIQ.

The contracts will be solicited and awarded pursuant to the Brooks Act, Federal Acquisition Regulation (FAR) Subpart 36.6, and General Services Acquisition Manual (GSAM) Subpart 536.6.

Scope Work under typical Task Orders issued under each IDIQ contract will include, but will not be limited to: The study of Architectural and/or Engineering problems/existing conditions (known as Extra Field Investigation – EFI); recommendation of solutions and anticipated costs for the solutions; Engineering Studies, Retro-Commissioning, Pre-Design Phase Services, Preparation of Schematic Designs (SDs), Design Development Drawings (DDs), Design Intent Drawings

(DIDs), Construction Documents (CDs) and Specifications for various projects; drafting Design- Build Statements of Work (SOWs); and monitoring of construction activities in the form of Post Contract Construction Services (PCCS). Requirements for typical Task Order SOWs will also involve engineering and architectural services for reports, investigations, subsoil investigations, site surveys and analysis, site utility studies, geotechnical engineering services, environmental studies, energy studies/audits, materials selection, and design.

Firms shall be capable of performing the work with in-house staff and/or in conjunction with consultants, partnerships, and/or joint ventures. All AE services will be provided when so authorized by execution of firm-fixed-price Task Orders.

The work will require various primary disciplines, including:

Architectural, Civil, Structural, Mechanical (HVAC and Plumbing), Electrical, Fire Protection Cost Estimator, Environmental Engineer, Historic Preservationist, and Landscape Architect.

Secondary/supplemental disciplines which may be required on an as-needed basis include:

Marine Engineer, Geotechnical Engineer, Registered Land Surveyor, and other disciplines as requested by GSA.

At a minimum, firms shall have a team comprised of the following disciplines – Architects, Electrical Engineers, Mechanical Engineers, Fire Protection Engineers, Civil Engineers, Structural Engineers, Environmental Engineers, Cost Estimators, and Historical Preservationists and Landscape Architects.

Firm Location and Travel GSA will not pay for local travel that is within fifty (50) miles from the firm’s closest office, with respect to the awarded project and as approved by GSA. Government contractors must utilize per diem rates according to the appropriate state where they are traveling to. Current per diem rates may be found at https://www.gsa.gov/travel/plan-book/per-diem-rates. All invoices must include a separate line item for travel costs and include all travel receipts for each approved trip. The Government will not reimburse any travel or expenses incurred during the selection process.

GSA Policies and Regulations Federal projects require compliance with federal regulations and policies such as the GSA PBS P100 (Facilities Standards for the Public Buildings Service) and tenant related design guides, and the 2020 Guiding Principles for Sustainable Federal Buildings.

Evaluation – General This Request for Qualifications (RFQ) is not a Request for Proposal (RFP). This acquisition will be conducted in accordance with FAR Subpart 36.6 and GSAM Subpart 536.6. Firms interested in responding to this RFQ announcement are invited to submit a completed SF-330 (Parts I and II), inclusive of written narrative (Block 30 of the SF-330). Offerors shall organize the information to highlight responses to the Selection Criteria listed below. All information will be evaluated in an identical manner and in accordance with the specified Selection Criteria. If firms propose under a joint venture agreement, the joint venture must meet the definition of a small business joint venture, and each firm must independently demonstrate the ability to implement the requirements of the tasks described herein.

GSA has established an Evaluation Board to evaluate the qualifications submitted by Offerors in response to this RFQ. Evaluations will be conducted in a fair, rational and consistent manner in strict compliance with FAR 36.602 and GSAM 536.602. Each SF-330 (Parts I and II) submitted will be evaluated against the established weighted selection criteria and rated using a numerical rating system. Each Evaluation Board member will independently evaluate and rate each offeror. Ratings will be established for each selection criteria and will include an assessment of the offeror’s strengths, weaknesses, and deficiencies. Based on these assessments, a final rating will then be established for each offeror.

Following individual evaluations and ratings, firms will be ranked in order of preference from highest to least qualified. At least three of the most highly qualified firms for each zone will be on a “short-list” and will be interviewed by the Evaluation Board.

Short-listed firms will be referred to as "selected firms". Selected firms will be invited to participate in oral presentations. The specific details of the oral presentations will be provided to only the selected firms. Selected firms should be aware that their overall final rating depends on both written submissions and their oral presentations. Following oral presentations, the selected firms will then be ranked in order of preference and the Selection Authority will make the final selection from among those firms for each zone. The CO will issue an RFP to the highest rated firm in each zone and enter into negotiations with those firms. If a mutually satisfactory contract cannot be negotiated, including but not limited to prices (i.e., rates) with the most preferred firm for each zone, negotiations will cease, and the next highest rated firm will receive an RFP.

Responsibility In accordance with FAR Subpart 9.1, Responsible Prospective Contractors, the CO is required to make an affirmative determination of whether a prospective contractor is responsible. The CO may, if necessary, conduct a pre-award survey of the prospective contractor as part of the considerations in determining responsibility. In the absence of information clearly indicating that the otherwise selected Offeror is responsible, the CO shall make a determination of non-responsibility and refer the matter to the U.S. Small Business Administration, which will then determine whether a Certificate of Competency in accordance with FAR Subpart 19.6, Certificates of Competency and Determinations of Responsibility, can be issued.

Offeror’s Submission Responses to this RFQ in the form of a completed SF 330 shall be submitted by 5:00 pm Eastern time on 04 February 2025 to Lindsey McCampbell at lindsey.mccampbell@gsa.gov, Aaron Lay at aaron.lay@gsa.gov, and Shirley Rohmer at shirley.rohmer@gsa.gov.

Firms are highly encouraged to verify with GSA that their SF-330 has been received.

mailto:lindsey.mccampbell@gsa.gov mailto:aaron.lay@gsa.gov mailto:shirley.rohmer@gsa.gov

Selection Criteria In accordance with FAR 36.602-1 and GSAM 536.602-1. A rating scale of 4 (highest score) to (lowest score) will be applied for each criteria as follows:

4 - Exceeds evaluation standards necessary for acceptable contract performance in a way that is beneficial to the agency.

3 - Meets evaluation standards necessary for acceptable contract performance; any weaknesses or deficiencies can be readily correctable.

2 - Fails to clearly meet evaluation standards, stated in Attachment #2, for acceptable contract performance; however, any weaknesses or deficiencies are correctable.

1 – Fails to meet a minimum requirement of the evaluation standards and any weaknesses or deficiencies are uncorrectable without a major revision of the proposal.

Strength, weakness and deficiency are described as follows:

Strength - A strong attribute or quality of particular worth or utility; an inherent asset. Note: Simple adherence to the requirements or ability to meet a requirement is compliance but should not be listed as a strength.

Weakness - An aspect of or an omission from an offeror’s proposal that may contribute to a failure in meeting specified minimum performance or capability requirements.

Deficiency – A material failure of a proposal to meet a government requirements or a combination of weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

The selection criteria and standards for this procurement are as follows:

1. Professional qualifications necessary for satisfactory performance of required services.

The weight for this criterion is 30%. To meet the standard the qualifications must demonstrate:

a. Experience serving in a similar capacity on three relevant projects; and

b. Graduate of an Architectural or Engineering college curriculum (minimum four years); and

c. Experience interpreting and ensuring compliance with the Federal Acquisition

Regulation and other applicable standards; and

d. In-depth knowledge of Federal design and construction processes; and

e. Experience developing and interpreting comprehensive program or project management plans and schedules.

2. Past performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules. The weight of this criterion is 23%. To meet the standard the qualifications must demonstrate evidence of past successes working together on two relevant projects.

3. Specialized experience and technical competence in the type of work required, including where appropriate, experience in energy conservation, pollution prevention, waste reduction, and the use of recovered materials. The weight of this criterion is 17%. To meet the standard the qualifications must demonstrate evidence of team experience on three relevant projects which demonstrate acceptable performance, required technical abilities and acceptable application of standard of care.

4. Capacity to accomplish the work in the required time. The weight of this criterion is 15%.

To meet the standard the qualifications must demonstrate the ability and capacity to respond to emerging situations in a proactive manner, evaluate situations and make midcourse corrections which will overall mitigate potential negative impact

5. Environmental and Sustainable Design Consideration Plan: How the firm will meet the Government's goals of moving towards a net zero portfolio and healthy and sustainable buildings and work environment.

5.a. The firm's approach to sustainable design practice, in both large project planning and in minor repair and alterations or systems design.

5.b. Innovative approaches to energy and water conservation practices which will be incorporated into mechanical, electrical, plumbing, and building envelope systems, workplace designs, and construction waste management requirements.

5.c. Utilization of environmentally friendly products, recycled and/or reused products, low volatile organic compounds (VOCs) products and products or systems which promote green/sustainable facilities operations and maintenance.

5.d. How the firm will design systems that incorporate electrification strategies, utility rebates and reduction of greenhouse gasses, embedded carbon reductions, use of life cycle costing, energy modeling, climate adaptation studies, and other tools to move towards a net zero portfolio and healthy and sustainable buildings and work environments.

5.e. Experience of the firm with LEEDS/SITES certifications and Guiding Principles program.

The weight of this criterion is 10%. To meet the standard the qualifications must demonstrate:

a. An Understanding of challenges and problems associated with environmental and sustainable design; and

b. An effective and efficient strategy for accomplishing the Government’s goals; and

c. Successful completion of 2 projects with LEEDS/SITE certifications and Guiding Principles.

6. Location of the firm in the general geographic area and knowledge of the locality of the projects. In order to receive maximum consideration under this factor, the AE firm must demonstrate that at least 35% of the AE contract services (based on the MOL) will be accomplished within the geographical boundaries (Zone) established for the contract. The weight of this criterion is 5%. To meet the standard the qualifications must demonstrate:

a. The intent and ability to establish production capability within the general geographic area within 45 days of contract award; and

b. The ability to provide services across the entire geographic zone; and

c. Has successfully provided design services within the general geographic area;

and

d. Is familiar with knowledge of local conditions in each state in the zone.

A Contractor Team Arrangement (CTA), in accordance with FAR Subpart 9.6, is an arrangement in which-

(1) Two or more companies form a partnership or joint venture to act as a potential prime contractor; or

(2) A potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified Government contract or acquisition program.

If the offeror is a CTA, the arrangements must be identified and company relationships must be fully disclosed in the offer. The submitted SF-330 shall include complete information for all parties to allow proper evaluation of the proposed CTA. This would include whether the proposed CTA has worked together in the past, to what extent, and how it plans to ensure seamless service delivery. Offerors should complete Block 30 of the SF-330 as appropriate.

SUBMITTAL REQUIREMENTS

Interested firms having the qualifications to meet these requirements are invited to submit their proposal using Standard Form 330 along with a letter of interest. Please be specific, provide pertinent and requested information. Only the top-rated firms will be recommended for interview, based solely on their written response to this announcement and reference contacts. Include a Part II (General Qualification) for each firm that is part of the proposed team.

Offerors must stipulate which zone they are proposing for. Proposals will not be accepted for more than one zone in the same submission from any firm. If an offeror submits an offer for more than one zone in the same submission or fails to identify the zone they are proposing for, the offers received from the offeror will be rejected. If offerors wish to submit for more than one zone, the submissions must be separate and identify which specific zone each submittal is responding to. Should a firm be selected as the most qualified in more than one zone, that firm shall be required to choose the zone in which they wish to pursue further discussions. Such firms shall be removed from the short list on zone(s) not chosen. The next qualified firm(s) shall then be added to the shortlist of the zone(s) not chosen.

Proposals must be submitted electronically to the Contracting Officer(s) at lindsey.mccampbell@gsa.gov; aaron.lay@gsa.gov. The maximum size capacity for electronic transmissions to GSA is 25 mb. Therefore, all submittal information for each email must be within the 25 mb limitation.

Offerors may break proposal materials into sizeable segments to avoid exceeding the limitation.

Faxed and mailed submittals are not acceptable.

Limitations and Supplemental Instructions on Submitted Materials and Completion of the SF- 330:

All references to pages are for single-sided pages. All pages must be 8.5” x 11”. Font must be Times New Roman, size 12 or larger. Page margins must be one inch (1”) or larger on all sides (top, bottom, left and right). The Government’s evaluation shall not consider any information on pages exceeding these stated limitations or any pages exceeding the number limitations stated herein.

One photograph, on a single page, per example project may be submitted. Photograph page must be 8.5” x 11”. Captions must be size 12 or larger. There are no restrictions on font type or margins for photographs.

SF-330, Section C: Section C may be modified to provide more than six proposed team members. However, prioritize team members and use the initial six slots for those that are most important to creating the best well rounded team or demonstrate your concentrated areas of expertise. It is recommended that all firms be included in Section F.

SF-330, Section D: Include an organization chart of the team.

SF-330, Section E, "Resumes of Key Personnel Proposed for This Contract", Item 13, "Role in This Contract" includes the Lead Architectural Designer and Lead Engineering Designer.

Identify which key personnel would be the primary point of contact responsible for managing the contract and assigning task orders in Section E. In addition to the role in this IDIQ contract, employees should be clearly identified as to whether they are direct or contract employees of the firm.

SF330, Section F: Form may not be modified by offerors. As stated in the SF330 provide example projects which best illustrate proposed team’s qualifications for this contract and provide a brief (one page) description of the project and relevance to this contract. The number of example projects for this acquisition is limited to at least three (3) but not more than five (5).

Projects should demonstrate ability to successfully accomplish a wide range of project types, sizes and budgets. If an Offeror chooses to submit more than three (3) projects the following minimum requirements must be met: at least three (3) projects must have construction completed and must be directly attributable to either the Lead Design Architect or the Lead Design Engineer.

Materials submitted for each example project must include: A chart on a single page demonstrating relevance; and a single page including the description of the project and narrative on relevance. Offerors may choose to include a single photograph.

SF330, Section H: Quality in Design: Submit a portfolio representative of the lead architectural designer’s ability to provide high quality design (not to exceed 5 projects). Each example project should include no more than one (1) page of narrative and one (1) photograph or sketch or drawing. For engineering, or other team members, submit a portfolio representative of the lead designer’s ability to provide high quality design. Each example project should include no more than one page including project challenges, application of design intent, actual constructed system and operations as applied to the discipline including verifiable information, design objective details, facts, performance history and other information that can substantiate application of each discipline (not to exceed 3 projects for each engineering discipline).

Mechanical engineering is considered a primary discipline in regard to exceptional engineering for this contract. Include a design approach statement from the Architectural Lead Designer (not to exceed one (1) page) and from the Engineering Lead Designer(s) (1 page for each engineering discipline).

Also, include a Management Plan (not to exceed one (1) page) with a clear plan of the team’s overall management philosophy that includes the following information: the team’s project assignment methodology and approach; a strategy for designing and producing all work within the negotiated fee; a plan for designing a project that will meet the Government’s limited construction budgets; and a plan for scheduling that includes a subheading on managing and scheduling projects with the Government’s unpredictable issuance of task orders in terms of number, importance and urgency.

Also, provide a Communication Plan (not to exceed one (1) page) in conjunction with the Section D organization chart that clearly articulates a plan demonstrating the approach and overall strategy to communication including roles, responsibilities, goals, possible stakeholders, technology, thoughts on being responsive to an issue or how the team will be proactive on emerging situations, evaluation, midcourse corrections and any additional information about the organization.

Provide a Quality Control Plan (not to exceed one (1) page) that will assure a quality project;

provide well-coordinated drawings within each discipline, across disciplines, and with specifications; control costs, provide quality control during design and during construction; and include quality assurance approach for meeting Statement of Work, limited budgets and schedules.

Past Performance Documentation (for each sample project submitted in section F): Provide PBS Past Performance Questionnaires for each project referenced as relevant.

IMPORTANT INFORMATION FOR PROPOSAL SUBMITTALS

Responsible firms having the capabilities to perform the services described in this announcement are invited to respond by submitting SF 330 and other pertinent information (see FAR 53.236-2(b). The SF 330 must not be dated more than twelve (12) months before the date of this synopsis/solicitation. Submittals are to be received on the due date specified for this synopsis/solicitation.

Offerors must stipulate which zone they are proposing for. Proposals will not be accepted for more than one zone in the same submission from any firm. If an offeror submits an offer for more than one zone in the same submission or fails to identify the zone they are proposing for, the offers received from the offeror will be rejected. If offerors wish to submit for more than one zone, the submissions must be separate and identify which specific zone each submittal is responding to.

Proposals must be submitted electronically to the Contracting Officer(s) at lindsey.mccampbell@gsa.gov; aaron.lay@gsa.gov. The maximum size capacity for electronic transmissions to GSA is 25 mb. Therefore, all submittal information for each email must be within the 25 mb limitation.

Offerors may break proposal materials into sizeable segments to avoid exceeding the limitation.

All offer materials must be received by closing time. Any emailed materials received after the closing time will not be considered.

Faxed and mailed submittals are not accepted.

The following information must be included in the transmittal email:

1) Solicitation Number/Title: 47PA0325R0001

2) Specific Zone (A, B, C or D)

3) Due Date: February 4, 2025

4) Closing time: 5 p.m. EDT

5) Name of Firm

It is the Firm’s responsibility that the entire submittal reach the Contracting Officer by the specified time. Any submittal received after the exact specified time is late and will not be considered.

The A/E Design Firm MUST sign, name, title and date the submittal. The A/E Firm as used in this Solicitation is a corporation, association, joint venture, partnership or other legal entity that will have contractual responsibility for the project design.

POINTS OF CONTACT:

Contract Specialist: Shirley Rhomer, shirley.rohmer@gsa.gov

Contracting Officer(s): Lindsey McCampbell, lindsey.mccampbell@gsa.gov; Aaron Lay, aaron.lay@gsa.gov.

SOLICITATION PROVISIONS AND CLAUSES

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 mailto:lindsey.mccampbell@gsa.gov mailto:aaron.lay@gsa.gov mailto:shirley.rohmer@gsa.gov a solicitation provision may be accessed electronically at this/these address(es):

acquisition.gov.

(End of provision)

INCORPORATED BY REFERENCE:

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEPT 2007)

FAR 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (NOV 1999)

FAR 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (FEB 1999)

FAR 52.204-7 System for Award Management (OCT 2018)

FAR 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (JUN 2020)

INCORPORATED IN FULL TEXT

FAR 52.216-27 Single or Multiple Awards (Oct 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision)

FAR 52.204-8 Annual Representations and Certifications (Mar 2020)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 541310.

(2) The small business size standard is $8 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this https://www.acquisition.gov/far/52.204-7#FAR_52_204_7 solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns,

(B) Exceed the simplified acquisition threshold, and

(C) Are for contracts that will be performed in the United States or its outlying https://www.acquisition.gov/far/52.203-2#FAR_52_203_2 https://www.acquisition.gov/far/part-13#FAR_Part_13 https://www.acquisition.gov/far/52.203-11#FAR_52_203_11 https://www.acquisition.gov/far/52.203-18#FAR_52_203_18 https://www.acquisition.gov/far/52.204-3#FAR_52_204_3 https://www.acquisition.gov/far/52.204-5#FAR_52_204_5 areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services- Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic

Corporations- Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.209-2#FAR_52_209_2 https://www.acquisition.gov/far/52.209-5#FAR_52_209_5 https://www.acquisition.gov/far/52.209-11#FAR_52_209_11 https://www.acquisition.gov/far/52.214-14#FAR_52_214_14 https://www.acquisition.gov/far/52.215-6#FAR_52_215_6 https://www.acquisition.gov/far/52.219-1#FAR_52_219_1 https://www.acquisition.gov/far/52.219-2#FAR_52_219_2 https://www.acquisition.gov/far/52.222-22#FAR_52_222_22 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-25#FAR_52_222_25 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-38#FAR_52_222_38

Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204- 7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in

Sudan- Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution

Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

https://www.acquisition.gov/far/52.223-1#FAR_52_223_1 https://www.acquisition.gov/far/52.223-2#FAR_52_223_2 https://www.acquisition.gov/far/52.223-4#FAR_52_223_4 https://www.acquisition.gov/far/52.223-22#FAR_52_223_22 https://www.acquisition.gov/far/52.204-7#FAR_52_204_7 https://www.acquisition.gov/far/52.204-7#FAR_52_204_7 https://www.acquisition.gov/far/52.225-2#FAR_52_225_2 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-4#FAR_52_225_4 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-6#FAR_52_225_6 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 https://www.acquisition.gov/far/52.225-20#FAR_52_225_20 https://www.acquisition.gov/far/52.225-25#FAR_52_225_25 https://www.acquisition.gov/far/52.226-2#FAR_52_226_2

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End

Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

(v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause # Title Date Change https://www.acquisition.gov/far/52.204-17#FAR_52_204_17 https://www.acquisition.gov/far/52.204-20#FAR_52_204_20 https://www.acquisition.gov/far/52.222-18#FAR_52_222_18 https://www.acquisition.gov/far/52.222-48#FAR_52_222_48 https://www.acquisition.gov/far/52.222-52#FAR_52_222_52 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.227-6#FAR_52_227_6 https://www.acquisition.gov/far/52.227-15#FAR_52_227_15 https://www.sam.gov/ https://www.acquisition.gov/far/4.1201#FAR_4_1201

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 on SAM.

FAR 52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) 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 public (Federal, State, or local) 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 (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104- 5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples.

https://www.acquisition.gov/far/part-52#FAR_52_209_7 https://www.acquisition.gov/far/part-9#FAR_9_104_5 https://www.acquisition.gov/far/part-9#FAR_9_104_5

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C.

§ 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to

I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United

States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure ofthe Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager;

plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i)…