Request_for_Proposal_(RFP)_70RDND18R00000009_-_ANSI_N42_Standards_.pdf

Solicitation# 70RDND18R00000009

Office of the Chief Procurement Officer Office of Procurement Operations

U.S. Department of Homeland Security Washington, DC 20528

SUBJECT: REQUEST FOR COST PROPOSAL FOR AMERICAN NATIONAL STANDARDS

INSTITUTE (ANSI) N42 RADIATION/NUCLEAR STANDARDS FOR THE DEPARTMENT OF

HOMELAND SECURITY (DHS) CWMD.

This is a combined synopsis/solicitation for commercial items and services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the solicitation; Proposals are being requested and a written solicitation will not be issued. The solicitation 70RDND18R00000009 is being issued as a Request for Proposal (RFP). This notice and the incorporated provisions and clauses are those in effect through the Federal Acquisition Circular.

This RFP is to acquire online/internet delivery of American National Standards Institute (ANSI) N42 radiation/nuclear standards, via an efficient download and distribution platform for the Department of Homeland Security (DHS) Countering Weapons of Mass Destruction (CWMD) Office in accordance with the attached Statement of Work (SOW). Further, physical delivery is not required for the solicitation.

The NAICS code for this RFP is 813920, Professional Organizations. DHS is anticipating a Firm Fixed Price (FFP) contract.

The provisions of FAR Clauses 52.212-1 through 52.212-5 apply to this procurement. For the exact text and wording of clauses and provisions, please see http://farsite.hill.af.mil.

Offerors must submit representations and certifications in accordance with the provision at FAR 52.212-3 Offeror Representations and Certifications—Commercial Item. (Accessible at the FAR Site, http://farsite.hill.af.mil). Offerors must be registered in the System for Award Management at http://www.sam.gov, in order to be considered for award.

This is solicitation is issued on an unrestricted basis.

Responses will be due by Monday, September 10, 2018, at 10:00 AM, Eastern Time (ET).

There will be no exceptions to the time and date on which responses are due, unless determined otherwise by the Government.

http://farsite.hill.af.mil/ http://farsite.hill.af.mil/

Your response should be forwarded electronically to the contract Contracting Officer with a courtesy copy to the Contract Specialist no later than the date specified above. When responding, please include in the subject line:

“AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) N42 RADIATION/NUCLEAR

STANDARDS”

The tasks to be performed are outlined in the Statement of Work (SOW). Any questions must be submitted by before or by Monday, September 3, 2018 by 10: 00 AM, ET, via email to the Contracting Officer and Contract Specialist. Because of the constricted time frame, Offerors are requested to refrain from asking questions that can be answered by a careful reading of this RFP and limit their questions to substantive ones.

TABLE OF CONTENTS

I. Instructions To Offerors………………………………………………………...…….4 II. Evaluation Factors for Award…………………..…………………………………….6 III. Statement of Work…………....……………………………………………..…… IV. Clauses and Provisions…………………………………………………..12 through 47

Attachment 1: Pricing Template

I. INSTRUCTION TO OFFERORS

1.0 INTRODUCTION

Proposals shall be received by Monday, September 10, 2018, at 10:00 AM, Eastern Time (ET). Proposals shall be submitted via email to the Contracting Officer: Heather Poindexter at heather.poindexter@hq.dhs.gov with a courtesy copy sent to the Contract Specialist: Glenda Smith at glenda.smith@hq.dhs.gov.

2.0 GENERAL PROPOSAL PREPARATION INSTRUCTIONS

The Proposal shall clearly demonstrate the Offeror's understanding of the overall and specific requirements of the Statement of Work (SOW) and convey the Offeror’s capabilities for transforming their understanding into accomplishments for performing the requirements.

Information requested herein shall be furnished in writing fully and completely in compliance with instructions. The information requested and the manner of submittal is essential to permit prompt evaluation of all Proposals on a fair and uniform basis. Simple statements of compliance (i.e., “understood”; “will comply”) without the detailed description of how compliance will be met may not be considered sufficient evidence that the proposed services can technically meet the requirements of this RFP. Accordingly, any Proposal in which material information requested is not furnished, or where indirect or incomplete answers or information are provided may be considered not acceptable for evaluation, or may lead to a lower technical evaluation.

Changes to the Proposal by the Offeror shall be accomplished by amended page(s). Any changes from the original page shall be indicated by a vertical line, adjacent to the change, on the outside right margin of the page. The Offeror shall include the date of the change on the lower right edge of the page. Proposal changes will be allowed only prior to the due date for Proposals.

3.0 PROPOSAL PREPARATION COSTS

The Government will not pay any costs incurred by any Offeror in the preparation and submission of a Proposal in response to this RFP.

4.0 PROSPECTIVE OFFEROR’S QUESTIONS

Questions concerning this RFP shall be received via email to the Contracting Officer’s at heather.poindexter@hq.dhs.gov with a courtesy copy to the Contract Specialist at glenda.smith@hq.dhs.gov mailto:heather.poindexter@hq.dhs.gov mailto:glenda.smith@hq.dhs.gov.

mailto:heather.poindexter@hq.dhs.gov mailto:glenda.smith@hq.dhs.gov

Any requests for additional information or explanations concerning this document shall be received no later than Monday, September 3, 2018 by 10: 00 AM, ET. Answers to questions will be provided to all prospective Offerors, giving regard to the proper protection of proprietary information. In order to receive responses to questions, Offerors shall cite the section, paragraph, number, and page number. Statements expressing opinions, sentiments, or conjectures are not considered valid inquires or comments for this purpose and will not receive a response from DHS. Further, Offerors are reminded that the DHS will not address hypothetical questions aimed toward receiving a potential “evaluation decision” from DHS.

When submitting questions and comments, please refer to the specific text of the RFP in the following format:

Subject: RFP No. 70RDND18R00000009 Reference: RFP Section ___, Paragraph(s) ___, Page(s) ___.

All questions will be answered via an amendment and provided to all Offerors. DHS will not attribute the questions to the submitting Offeror.

5.0 PROPOSAL CONTENT AND SUBMISSION INSTRUCTIONS

Quoters must address each of the technical requirements outlined in Attachment I – Statement of Work.

All Price Quotations must include the following information: Dun & Bradstreet Number (DUNS); Northern American Industrial Classification System (NAICS) Code; Business Size;

Contact Name; Contact Email Address; Contact Telephone Number; Complete Business Mailing Address. Each Offeror shall submit Pricing as a separate document that shall include the format shown on Attachment IV – Standard Pricing Schedule.

Pricing Proposal

The Offeror shall prepare a Price Proposal that contains all information necessary to evaluate the prices proposed by the Offeror. If the service is not available, the Offeror shall not provide pricing for the service. Proposals must include each of the eleven (11) ANSI N42 Radiation Detection Standards in accordance with the Statement of Work. The Price Proposal shall consist of firm fixed price. There are NO page limitations for the price Proposal, and supporting narrative information.

Offerors shall follow the Pricing Template at Attachment IV for purposes of submitting pricing data. Offerors are required to use the information contained in the pricing tables to populate the pricing models. Any discrepancies between the pricing contained in the table may result in removal of the Offerors Proposal from consideration for award.

II. EVALUATION OF OFFERORS

1.0 BASIS FOR AWARD

The basis for award will be lowest priced technically acceptable (LPTA) in accordance with FAR 52.212-2, Evaluation—Commercial Items. The evaluation will be conducted and selection will be made in accordance with the guidelines provided in the Federal Acquisition Regulation (FAR), Homeland Security Acquisition Regulation (HSAR), Homeland Security Acquisition Manual (HSAM), and this RFP. Vendors will be evaluated based on their adherence to the requirements set forth in Attachment I – Statement of Work (SOW).

2.0 EVALUATION PROCESS

DHS will perform a technical and price evaluation, based on the Offerors

Offerors are cautioned to ensure that their Proposals are complete, address all requirements, are reflective of the evaluation factors and are submitted on the most favorable terms to reflect their best Proposal.

3.0 AWARD ON INITIAL PROPOSALS

The Government may award without conducting exchanges; however, the CO reserves the right to hold exchanges with Offerors based on the content of their individual Proposals. Accordingly, each initial Proposal should be submitted on the most favorable price and technical terms that the Offeror can submit to the Government.

4.0 EVALUATION FACTORS

The award will be based on the LPTA proposal submitted. The combined evaluation factors are:

(a) Non-Price Factors

Factor 1: Technical Capability

(b) Price Factor

Factor 2: Price

The evaluation factors are of equal importance.

4.1 Factor 1: Technical Capability

As the technical evaluation of quotations approaches equality, price will become more important in making the award determination. In the event that two or more quotations are determined not to have any substantial technical differences, awards may be made to the lower priced quotation.

It should be noted that award may be made to other than the lowest priced quotation if the Government determines that a price premium is warranted due to technical merit. The Government may also award to other than the highest technically rated quotation, if the Government determines that a price premium is not warranted.

a) Awards may also be made on the basis of initial quotations without discussions. Quoters are therefore cautioned that each initial quotation should contain the Quoters best terms.

4.2 Factor 2: Price

Price will be evaluated with respect to completeness and reasonableness based on information submitted in the Offeror’s price Proposal. The Government’s price evaluation will consist of:

• Completeness. The offeror’s prices for the base period of 12-months. This process involves verification that estimated costs are included for all solicitation requirements, figures are correctly calculated and costs are presented in an appropriate format.

• Reasonableness. The Offeror’s estimated cost to include discounts will be reviewed to determine if they are reasonable for the work to be performed and reflect a clear understanding of the objectives.

Each Offeror shall submit Pricing as a separate document that shall include the format shown on the SF-18 or Attachment IV- Price Schedule. Each price quotation will be analyzed. The price analysis shall assess the accuracy, completeness, discounts offered and reasonableness. This process involves verification that prices and/or discounts are included for all RFP requirements, figures are correctly calculated, and prices are presented in an adequate format.

The Government shall examine offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government shall determine that an offer is unacceptable if the option prices are significantly unbalanced. Examination of options shall not obligate the Government to exercise the options(s). The Government shall assess FAR clause 52.217-8 Option to Extend Services (NOV 1999).

III. STATEMENT OF WORK

1.1 Background

The mission of the Countering Weapons of Mass Destruction (CWMD) Office is to counter the rising danger from terrorist groups and rogue nation states who could use chemical, biological, radiological, and nuclear agents to harm Americans. The CWMD Office delivers the resources, tools, and policies that operators need in order to be more effective at carrying out the mission. One valuable resource that the CWMD Office provides to the preventive radiological/nuclear detection community in support of efforts to combat nuclear terrorism is open internet access to American National Standards Institute (ANSI) radiological/nuclear detection system standards.

1.2 Scope of Work and Specific Deliverables

A. General Description of Work

Distribution The Offeror shall provide for the on-line delivery of CWMD defined consensus standards via an efficient download and distribution platform.

Normally, this includes PDF for download and printing.

Web Services The Offeror shall provide for the maintenance and update of web pages to support the public access activity. The site will capture identities of the type of user and require acceptance of the terms and conditions of use before access is permitted.

Reports The Offeror shall generate and provide on a monthly basis reports to the Department of Homeland Security CWMD Office on the user types and frequency of downloads for the listed standards.

B. Specific Details

The Offeror shall provide unlimited public access for the following 11 consensus standards:

ANSI N42.32-2016 American National Standard Performance Criteria for Alarming Personal Radiation Detectors for Homeland Security

ANSI N42.33-2006 American National Standard for Portable Radiation Detection Instrumentation for Homeland Security

ANSI N42.34 – 2015 American National Standard Performance Criteria for Hand-held Instruments for the Detection and Identification for Radionuclides

ANSI N42.35-2016 American National Standard for Evaluation and Performance of Radiation Detection Portal Monitors

ANSI N42.37-2016 American National Standard for Training Requirements for Homeland Security Purposes Using Radiation Detection Instrumentation for Interdiction and Prevention

ANSI N42.38 -2015 American National Standard Performance Criteria for Spectroscopy-Based Portal Monitors Used for Homeland Security

ANSI N42.41-2007 American National Standard Minimum Performance Criteria for Active Interrogation Systems Used for Homeland Security

ANSI N42.42 2012 American National Standard Data Format Standard for Radiation Detectors Used for Homeland Security

ANSI N42.43 - 2016 American National Standard Performance Criteria for Mobile and Transportable Radiation Monitors Used for Homeland Security

ANSI N42.48 - 2018 American National Standard Performance Requirements for Spectroscopic Personal Radiation Detectors (SPRDs) for Homeland Security

ANSI N42.53-2013 American National Standard Performance Criteria for Backpack-Based Radiation-Detection Systems Used for Homeland Security

CWMD may submit requests for additional newly approved and published consensus standards beyond those listed in Section B.1 of this Agreement. The offeror shall provide access to the requested standards under the following conditions:

Such access shall also be on a “flat rate” basis and shall be at the per standard rate per standard, per year.

Cost of access will be on a pro-rated contract year basis (e.g., if access is provided for half the contract year, the cost will be 50% of the per-standard charge).

The Offeror shall list the standards on a web site and shall update and maintain the site as required to provide open access.

The Offeror will not require any website membership as a condition of access to the standards.

The Offeror shall give attribution to the Department of Homeland Security so that the users will know that the standards are being provided through a funded source and not for "free".

Table 1 - Deliverables

Task Task Description Key Milestones and Deliverables

A.3

The Offeror shall generate and provide on a monthly basis reports back to the Department of Homeland Security CWMD Office on the user types and frequency of downloads for the listed standards.

Each month for the period of performance starting the end of the first month of the contract.

1.3 Other Contract Details

A. Place(s) of Performance: For the purposes of the terms and conditions of this contract, the work described in the SOW shall be performed at the Offeror’s facility.

B. Period of Performance: For the purposes of the terms and conditions of this contract, the period of performance is for one base year and four option years.

C. Funding Requirements

1. DNDO will provide funding in accordance with appropriations and available funds upon agreement with the contractor provided estimated costs.

2. Additional funds will be provided for hosting new standards as required.

D. DHS Furnished Information and Property.

Not applicable

1.4 Special Requirements

None

1.5. Applicable Documents

None

IV. CLAUSES and PROVISIONS

The following FAR clauses are incorporated by reference and may be found at www.aquisition.gov

FAR Contract Clauses FAR 52.203-3 – Gratuities (APR 1984) FAR 52.203-17 – Contractor Employee Whistleblower Rights & Requirements to Inform Employees of Whistleblower Rights (APR 2014) FAR 52.209-2 – Prohibition on Contracting with Inverted Domestic Corporation Representation (NOV 2015) FAR 52.209-5 – Certification Regarding Responsibility Matters (OCT 2015) FAR 52.224-1 – Privacy Act Notification (APR 1984) FAR 52.224-2 – Privacy Act (APR 1984) FAR 52.227-14 – Rights in General Data (MAY 2014) FAR 52.227-16 – Additional Data Requirements (JUNE 1987) FAR 52.227-17 – Rights In Data – Special Works (DEC 2007) FAR 52.228-5 – Insurance – Work on a Government Installation (JAN 1997) FAR 52.229-3 – Federal, State and local Taxes (FEB 2013) FAR 52.232-40 – Providing Accelerated Pay to Small Business Subcontractors (DEC 2013) FAR 52.242-13 – Bankruptcy (JULY 1995) FAR 52.246-4 Inspections of Services – Fixed Price (AUG 1996)

The following FAR clauses are incorporated in full text:

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (APR

2016) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed http://www.aquisition.gov/ http://www.acquisition.gov/ the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) 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—

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

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

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2);

and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“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.

“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.

“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 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— http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database 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), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

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

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

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

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

http://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667

(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.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:

__________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

(10) HUB Zone 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 HUB Zone small business concern listed, on the date of this representation, on the List of Qualified HUB Zone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUB Zone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUB Zone 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 HUB Zone small business concern participating in the HUB Zone joint venture. [The offeror shall enter the names of each of the HUB Zone small business concerns participating in the HUB Zone joint venture: __________.] Each HUB Zone small business concern participating in the HUB Zone joint venture shall submit a separate signed copy of the HUB Zone representation.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

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

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements–Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP25.html#wp225048 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

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

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act”:

Canadian End Products:

Line Item No.

[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:

(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

[List as necessary]

(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:

Line Item No. Country of Origin

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151

(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:

Line Item No. Country of Origin

[List as necessary]

(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;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

(C) 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.

(D) 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).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at .]

(1) Listed end products.

Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

□ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

□ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) □ Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor

Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

□ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003- 4(c)(1). The offeror □ does □ does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

□ (2) Certain services as described in FAR 22.1003-4(d)(1).