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Request for Quotation 693JJ319Q000049 Page 1
REQUEST FOR QUOTATION (RFQ)
Issuing Office: Federal Highway Administration (FHWA)
Office of Acquisitions and Grants Management Office of Assistance Agreement & Acquisition Services
HFCA-31
1200 New Jersey Avenue, S.E.
Mail Stop: E65-101 Washington, DC 20590-0001
Agency Contact: Megan Mavis, Contract Specialist Telephone: (720) 963-3369 Megan.Mavis@dot.gov
Title: 693JJ319Q000049 - 2019 FHWA Building the Foundation for
Visionary Leadership Course
RFQ Release Date: April 30, 2019
Questions Due Date: May 02, 2019 12:00 PM Eastern Time
Quotations Due Date: May 06, 2019 4:00 PM Eastern Time
Submit Quotations and Questions to: Megan.Mavis@dot.gov mailto:Megan.Mavis@dot.gov mailto:Megan.Mavis@dot.gov
Request for Quotation 693JJ319Q000049 Page 2
PART I
This is a Firm Fixed Price Request for Quotation (RFQ), No. 693JJ319Q000049, being issued by the Federal Highway Administration (FHWA) Office of Acquisitions and Grants Management for 2019 FHWA Building the Foundation for Visionary Leadership Course.
This OPEN-MARKET solicitation is prepared in accordance with FAR Part 12, the acquisition of commercial items in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR 13, Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-101.
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
This solicitation is an SMALL BUSINESS SET ASIDE and the North American Industry Classification System (NAICS) code is 721110 with an industry size standard of $32.5 million. A responsible quoter is one whose quote conforms to the solicitation and will be most advantageous to the Government. It is the contractor’s responsibility to be familiar with applicable clauses and provisions. FAR Provisions and Clauses may be viewed and/or downloaded from https://www.acquisition.gov/?q=browsefar.
To be eligible to receive a Government Contract a contractor must be registered and active in www.SAM.gov prior to award.
Instructions for Preparation of Quotations:
In responding to this RFQ, quotations MUST include the following:
1. Technical Quote: The quoter’s technical approach to address that contractor’s quotes are technically acceptable, including at a minimum the following:
a. Hotel Floorplan indicating what rooms are being offered.
b. Acknowledgement of the minimum required conference rooms and hotel rooms.
c. Verification the facility can support the all-day beverage service and a.m./p.m. break service.
d. Acknowledgement they can support the meeting space and AV requirements.
e. Acknowledgement of access to on-site restaurants or options within walking distance with dietary restriction options.
2. Price Quote: Submitted pricing in the format of the Contract Line Item Number (CLIN) Structure table shown in Part II.
3. Past Performance References: Please provide a matrix of recent relevant past performance (within the last two years), which shall include the following: a short description of the work, the dates of work performance, the name of the client and a https://www.acquisition.gov/far http://www.sam.gov/
Request for Quotation 693JJ319Q000049 Page 3 contact phone number and email address, so a reference check can be conducted.
Quotations shall include three references.
4. Organizational Information: Quotations shall include the following mandatory business information regarding your company in the body of the cover email message:
a. Does your company accept government purchase orders?
b. Business Size (Small, Woman-Owned, Disadvantaged, Hub-Zone, Large, Non- Profit, etc)
c. Payment Terms (Government Standard is NET 30)
d. Dunn & Bradstreet Number
e. Federal Tax Identification Number (9-Digits)
f. Correct Mailing Address for the order (include name, telephone, email address)
g. Is the company information listed in the System for Award Management
(SAM) current and accurate? https://www.sam.gov/portal/public/SAM/
5. Instructions for Preparation of Quotations: Quotations shall be submitted electronically as Adobe (.pdf) files with the technical capability, pricing, past performance and organizational information sections submitted in a SINGLE email whose size shall not exceed 10 Megabytes.
6. Evaluation of Quotations: The Government intends to evaluate quotes and make a lowest price technically acceptable award. A verification of past performance will be completed.
NOTE: Failure to furnish all information required above may result in your quotation being considered non-responsive and eliminated from further consideration.
https://www.sam.gov/portal/public/SAM/
Request for Quotation 693JJ319Q000049 Page 4
PART II
2019 FHWA Building the Foundation for Visionary Leadership Course
The Contractor shall furnish all products and non-personal technical, administrative, and other support services to perform the tasks described under this Contract entitled, 2019 FHWA Building the Foundation for Visionary Leadership Course. The Contractor shall furnish all products and non-personal services in support of the mission of the Federal Highway Administration’s (FHWA’s) Office of Human Resources.
This is a Firm Fixed Price (FFP) Purchase Order.
Item Description Unit Price Quantity Total
1 2019 FHWA Building the Foundation for Visionary Leadership Course $ 1 LS $
2 Day Packages (at Government Lunch Per Diem Rate or Below) $ 50 Packages $
3 Lodging (at Government Per Diem Rate or Below) $
(45 Rooms x 5 nights)
Total Price (for evaluation Purposes only) $
INSTRUCTIONS FOR CONTRACTORS:
1.FHWA will evaluate based upon Total Price of Items 1 through 3.
2. Contractors shall supply a Unit Price and then multiply the Unit Price by the Government supplied Quantity to determine the amount for the Total.
3.The Government will use the Unit Price multiplied by the Quantity if a math error is found, to determine Total Price.
4.The Government intends to award a Firm Fixed Price Purchase Order only for Items 1 and 2 from the table above. Service charges, taxes, and associated fees need to be either included on Line Item 1 or included on Line Item 2, but must be within the lunch per diem rate. This is at the Contractor’s discretion.
5. Items 3 will be paid based on the Statement of Work tasks within this order and the Government has no obligation to the quantity of rooms procured. The amounts supplied in the Contractor’s quotation for items 3 are for evaluation purposes only.
6. Provide 3 recent and relevant references for the hotel being quoted. Recent and relevant is defined as similarly sized events within the last two years.
Request for Quotation 693JJ319Q000049 Page 5
PART III
STATEMENT OF WORK
2019 FHWA BUILDING THE FOUNDATION FOR VISIONARY LEADERSHIP
COURSE
1.0 Overview
This is a non-personal services contract to provide conference/event planning support services, equipment, and a venue for the 2019 FHWA Building the Foundation for Visionary Leadership Course. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government as defined in this Statement of Work (SOW). The Contractor shall perform to the standards herein.
1.1 Background
The FHWA Office of Human Resource Learning & Development Team is hosting the Building the Foundation for Visionary Leadership (BFVL) Course for Federal Highway Employees during the week of June 23rd – 28th, 2019. The training is specifically designed to explore the Executive Core Qualifications and Competencies required of senior leaders. BFVL is a course that is best described as “leadership taught by Senior FHWA Leaders.” This program is FHWA’s premier leadership program and occurs annually. The program is a 5.5-day residential program (which includes evening presentations) taught by FHWA leadership.
The program consists of 5.5 days (½ day on Sunday and ½ day on Friday) with breakouts where participants and instructors have the opportunity to learn and engage formally and informally during classroom time, non-classroom time, and during meals. The program will be held at an on-site residential conference facility, where lodging and classrooms are co-located.
1.2 Objective
The objective of this contract is to procure conference/event planning support services, equipment, and a venue that meet FHWA’s requirements.
1.3.1 Geographic Requirements
The facility must be located within a 35-mile radius of either BWI, DCA, or IAD airports.
NOTE: The per diem rate cannot be equivalent to the Washington, D.C. metro area. The budget for the program is limited. Pricing must be offered at the government per diem rate or below, and the facility must meet all specifications outlined below.
1.3.2 General Requirements
The contractor shall provide all materials, equipment, labor, and any other items necessary to carry out the FHWA BFVL Course as defined in this Statement of Work (SOW).
The Office of Human Resources, Talent and Development Division requires audio visual equipment, meeting rooms, and guest rooms from the venue for the duration of June 23rd -28th.
These services shall include:
i. Use of the 1 General Session meeting space with a room capacity of at least 50 attendees to seat comfortably. Please note the general session room is in addition to the 5 breakout rooms below.
ii. Meeting room setup
Request for Quotation 693JJ319Q000049 Page 6
iii. 5 breakout rooms should be available for the duration of June 24rd – 28th, 2019 with capability to hold up to 8 participants each comfortably
iv. High speed wireless internet connection throughout all meeting rooms and common areas
v. LCD projector and screen, podium, microphones, 6 flipchart easels with markers, paper and masking tape. Note: Government furnished computers will be provided to contractor.
vi. Pens and notepads on tables for up to 36 participants
vii. 45 guest sleeping rooms
viii. An on-site dedicated conference planner. These services shall be available at a minimum from 7:00 A.M. until 4:00 P.M.
ix. The Talent Development Division Program Manager will also require the assistance of IT support on an as needed basis during set up and while training is being conducted to resolve any unforeseen IT disruptions. Friday, June 28th, 2019, will be the BFVL graduation which will be held in the General Session room for all participants and guests.
This room will require audio visual equipment set-up, internet connection, and an analog telephone for teleconference capabilities.
x. AM/PM break service for 5 days (with Friday being a.m. only)
xi. All day beverage service for 5 days
NOTE: All FHWA participants will pay for their lodging and meals separately using their government travel card. The Government is not obligating funds for lodging and meal services under this contract.
NOTE: The facility shall provide reasonable accommodations for participants with disabilities. Meeting space and lodging rooms must meet the Americans with Disabilities Act (ADA) requirements.
Task 1 – Meeting Space Both the general session room and breakout session meeting rooms shall be near each other (co-located in the same building/same floor).
Task 1.1 - General session Meeting space and set-up of general session classroom to hold approximately 50 people comfortably for the duration of June 23rd – 28th, 2019. An approval of room set up is required from the contractor by FHWA before the start of the day one (1) of the course. See Technical Exhibit 1 Approximate Layout.
a. General Session Room
i. General seating shall be set as 6 rectangular (two rectangular together) tables (comprised of 3 tables each, two positioned vertically, one positioned horizontally across the top). of 6 persons each. Three (3) on each side, with none facing away from the screen. See attached drawing at end of this document.
ii. One table and two chairs set at the front of the room (so as to not interfere with the projector) on the right side
iii. Three tables with nine chairs (3 each table) at the rear of the room
b. General Session Room shall include the following:
i. Basic wireless internet connection (provided as complimentary to participants)
ii. Podium and microphone
iii. 2 lavalier microphones
Request for Quotation 693JJ319Q000049 Page 7
iv. 2 wireless microphones
v. Six flip charts with markers and easels
vi. LCD Projector (4000 Lumens XGA) and Screen (10.5’14’Screen w/Skirt)
vii. Pens and notepads
viii. Morning and afternoon break service for Monday through Friday (with Friday being a.m. only) for 50 people
ix. 1 Laser Pointer
x. 1 VGA Connection
xi. Speakers for computer audio connection
xii. 1 16 channel mixer
xiii. Additional needs for Friday, June 28th, 2019 ONLY
1. Audio connection for web/video conferencing on Friday June 28th,
2. One (1) Analog telephone and telephone line that connects to audio speaker system
3. One (1) High speed internet connection on Friday, June 28th
4. One (1) dedicated A/V technician (7 a.m. – 12 p.m.) – ensure technology is set up in time to start at 7:30 a.m. on June 28th.
NOTE: It is anticipated that each seminar participant will have at least one device that will connect to Wi-Fi. It is required that the conference wireless network can maintain this number of connections.
Task 1.2 - Five (5) breakout rooms Use of the breakout space and set-up of break out rooms to hold 8 people comfortably in a U-shaped formation for the duration of June 23rd – 28th, 2019
a. Break Out Room 1
b. Break Out Room 2
c. Break Out Room 3
d. Break Out Room 4
e. Break Out Room 5
Schedule
All equipment, meeting rooms, and staff assistance shall be ready for the FHWA staff to begin using at 12:00 p.m. EST on Sunday June 23rd, 2019, and shall remain in the meeting rooms until the afternoon on Friday, June 28th, 2019. No other meetings or events shall take place in the classrooms for the General Session and Breakout Rooms for the duration of June 23rd – 28th, 2019. The meeting rooms shall be available for the FHWA’s use 24 hours a day, except for the first and last day. On Sunday June 23rd, the rooms should be available at 12:00 PM, on Friday June 28th, the rooms should be available until 2:00 PM.
For the contractor’s reference, the anticipated class start and end times are listed below:
Sun 6/23 Mon 6/24 Tue 6/25 Wed 6/26 Thurs 6/27 Fri 6/28
Class Start 5:00 PM 7:45 AM 7:45 AM 7:45 AM 7:45 AM 7:45 AM
Class End 9:30 PM 9:30 PM 8:30 PM 9:00 PM 8:30 PM 1:00 PM
Request for Quotation 693JJ319Q000049 Page 8
Task 2 – Sleeping Rooms & Meal Packages The Government and individual attendee’s payment obligation are as follows:
Government Purchase Order Individual Attendee Meeting space rental Sleeping Rooms A/V equipment Meals Morning & afternoon breaks/beverage service (start Monday p.m. – end Friday a.m.)
Day Packages – for speakers to have lunch (per diem rate for lunch, including taxes and all fees X # of packages) Service charges (if applicable)
Task 2.1 - Sleeping Rooms The contractor shall have available 45 guest sleeping rooms for FHWA staff to begin use at hotel check-in time on Sunday, June 23rd through hotel checkout time on Friday, June 28th or Saturday, June 29th, depending on participant’s flight schedules. Slight variations may occur depending on schedules. The Government makes no assurances in this contract of room occupancy and amount of room rentals throughout this period of performance. No obligation for room rentals is made through this contract, though the contract requires available rooms.
i. Guests will make their individual reservations and payments. All reservation information shall be provided by the Government by May 25, 2019. After this date, the contractor’s obligation to hold the rooms is removed.
ii. Parking for up to 20 cars each day (provided as complimentary to participants).
iii. FHWA attendees will have access to parking, Wi-Fi, and other amenities available to standard hotel guests (such as exercise rooms, guest services, local arrangements such as taxis, business center, etc.) for the duration of the conference.
Arrival/Departure Schedule Guest rooms shall be ready for the FHWA staff to begin use at hotel check-in time on Sunday June 23rd, through hotel check-out time on Friday, June 28th, depending on participant’s flight schedules. For those within driving distance, guests will depart after the event. FHWA staff will be responsible for reserving and paying for their hotel rooms individually. The Government makes no assurances of occupancy as part of this order.
Task 2.2 Meals, Day Packages, and Beverage/Break Service
i. Meals Employees must have access to on-site restaurants or options within walking distance for meals. Meals must have options for gluten intolerance, vegan, vegetarian, or to modify offerings based on other dietary restrictions. Employees will be responsible for paying for their meals individually.
ii. Day Packages for Lunch The Contractor shall be required to provide a “day package” for a limited number of speakers and local FHWA seminar participants (not eligible for travel) who may join the group for lunch before or after their session but will NOT be spending the night. This
Request for Quotation 693JJ319Q000049 Page 9 number of “day packages” will be provided to the Contractor by May 25, 2019, but is currently estimated to be 10 per day. The costs of the day passes will be billed as part of the purchase order. The day package shall be billed at the per diem rates for lunch (not full per diem for the day), including taxes and all fees. 50 (10 x 5 days) packages shall be supplied by the Contractor.
The Government shall be billed for only Day Packages used, all non-used packages will be deobligated from the contract.
iii. Break and Beverage Service The Contractor shall provide continuous beverage service (coffee, hot water, ice water) from 7:45 am – 5:00 pm on Monday through Friday (with a.m. services only on Friday).
Morning and afternoon snacks shall be provided for attendees at the breaks. Both the break and beverage service will be charged to the Government Purchase Order. The beverage and break service shall be sufficient for the number of total attendees (estimated
50) Exact numbers will be provided by May 31, 2019. The TPOC shall have final approval of the break and beverage service choices.
Task 3 – Pre Meeting Support The Contractor shall:
i. Coordinate a virtual kick-off meeting between FHWA Contracting Officer, FHWA Technical Point of Contact, and hotel staff to review program requirements.
NOTE: The TPOC reserves the right to work directly with the hotel (copying 3rd party contractors) as appropriate.
ii. Provide a Work Plan with necessary due dates for required information (i.e. meal counts, special dietary needs for day packages, hotel reservation cutoff, menu approvals, etc.) and next steps per the kick-off meeting and on-site visit.
iii. Provide a hotel lodging list of participants to TPOC and provide updates when changes are received.
iv. Provide a spreadsheet with specific menu information on how special dietary requests will be accommodated (i.e. specially plated, menu options, etc.) for day packages.
v. Guarantee all attendees are able to make reservations and meal requests are appropriately accommodated. Work with hotel staff to ensure a positive solution and that no attendees are turned away.
Task 4 – Onsite Meeting Support The Contractor shall:
i. Coordinate setup and seating arrangements for all meeting rooms, registration, and luncheon area, in coordination with the TPOC. Ensure proper A/V and equipment set-ups in accordance with this Statement of Work.
ii. Manage logistics, oversee all meals/breaks, and ensure proper A/V hookups and equipment set-ups on site. Mitigate all complaints and problems that arise with the hotel, provided from TPOC, in a timely fashion and notify FHWA TPOC immediately if any issues occur onsite.
iii. Ensure all attendees who made reservations have a room at the hotel upon arrival and resolve any lodging problems with the hotel staff.
iv. Ensure all attendees who noted a special dietary restriction for day packages are accommodated as needed, and work to resolve any issues with the banquet staff.
v. Handle any last-minute changes or meeting support needs required by FHWA TPOC, such as additional A/V equipment to support meeting goals and special presentation needs, additional conference call capabilities due to unexpected Governmental
Request for Quotation 693JJ319Q000049 Page 10 emergency, additional ad-hoc meeting room space, and additional local or non-local travel arrangements due to unexpected logistical occurrences.
2.0 Period of Performance
The period of performance for this order is from the date of award until June 29th, 2019.
3.0 Place of Performance
The place of performance shall be at the hotel selected for the seminar.
4.0 Progress Meetings
The Contractor agrees to attend progress meetings. The Contracting Officer or Technical Point of Contact (TPOC), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the CO will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.
5.0 Exhibit List
5.1 Technical Exhibit 1 – Approximate Layout
5.2 Technical Exhibit 2 – Deliverables Schedule
Request for Quotation 693JJ319Q000049 Page 11
5.1 TECHNICAL EXHIBIT 1 -
APPROXIMATE LAYOUT
Screen
Tables (3) Tables (3) Tables (3)
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
Tables (3) Tables (3) Tables (3)
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
Request for Quotation 693JJ319Q000049 Page 12
5.2 TECHNICAL EXHIBIT 2 -
DELIVERABLES SCHEDULE
Unless stated elsewhere, the TPOC will have 2 business days to review draft deliverables and make comments. The Contractor shall have 2 business days to make corrections and return the corrected deliverable to the government. Upon receipt of the final deliverables, the TPOC will have 2 business days for final review prior to acceptance of providing documented reasons for non-acceptance.
Deliverable Frequency Medium/Format Submit To Kick-off call with FHWA CO, TPOC, and hotel.
Within 7 business days of award date.
Phone, with follow up email from Contractor.
Email confirming date/time to TPOC
Work plan for the seminar. Document should outline next steps, due dates for information, onsite resources, concerns, and questions.
Delivered within 7 business days of kick-off meeting.
Email Email to TPOC
Means of making room reservations and information provided for attendees.
Within 10 business days of award date.
Email Email to TPOC
Break options will be provided to
FHWA TPOC.
Within 3 weeks of award date. Email Email to TPOC
Finalized break option. Within 5 weeks of award. Email Email to TPOC.
Hotel room reservation list As requested by TPOC Email Email to TPOC Break counts and day packages will be finalized by FHWA and Contractor.
As requested by TPOC Email/phone Email to TPOC
Seminar set-up, testing of equipment, management of breaks, and onsite meeting support.
June 23 - 28 (conference implementation week)
In-person In-person with
TPOC
Request for Quotation 693JJ319Q000049 Page 13
PART IV
CONTRACT PROVISIONS AND CLAUSES
PROVISIONS
52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at https://www.acquisitions.gov/far
52.204-7 -- System for Award Management (Oct 2016) 52.204-16 -- Commercial and Government Entity Code Reporting (Jul 2016) 52.212-1 -- Instructions to Offerors—Commercial Items (Jan 2017)
FULL TEXT PROVISIONS
52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Oct 2018)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
https://www.acquisitions.gov/far https://www.sam.gov/
Request for Quotation 693JJ319Q000049 Page 14
“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;
Request for Quotation 693JJ319Q000049 Page 15
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
Request for Quotation 693JJ319Q000049 Page 16
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Request for Quotation 693JJ319Q000049 Page 17
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.
http://www.sam.gov/
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Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;
and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern.
[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
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(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:
__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [_] has, [_] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).
(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)
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(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”
(2) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
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(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Canadian End Products:
Line Item No.:
[List as necessary]
(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II.
If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
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(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':
Canadian or Israeli End Products:
Line Item No.: Country of Origin:
(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III.
If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products
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(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--
(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the…
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