REVISION 2 Instructions to Offerors via AM3.docx

INSTRUCTIONS TO OFFERORS, EVALUATION, SOLICITATION PROVISIONS,

& REPRESENTATIONS AND CERTIFICATIONS

REVISED VIA AM0003

ADDENDUM TO FAR 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

1. SUBMISSION OF ELECTRONIC QUOTATIONS: Offerors are requested to submit quotations in response to this RFQ via e-mail per the instructions below. Quotations received at the Government e-mail addresses after the date and time indicated in block 8 of the SF 1449 shall be deemed “late” and will be considered only in accordance with the provisions set forth under FAR 52.212-1, Instructions to Offerors – Commercial Items, paragraph (f).

a) Offerors shall submit their quotations via email. Offerors shall submit their quotations to following email address(s);

To: rachel.d.kalac@fps.dhs.gov

b) Offerors shall submit their signed quotations as “PDF” documents except when specified otherwise.

c) Each electronic file shall be clearly named in accordance with the solicitation provisions. The offeror’s electronic quotation shall be submitted according to the requirements set forth below:

(1) The entire quotation shall be submitted in .PDF format.

(2) Adobe Acrobat shall be used to create the “PDF” files.

(3) In order to facilitate secure transmission, it is recommended that emailed files are compressed (zipped) into one, ZIP file using WinZip.

(4) The WinZip password shall be submitted under a separate email by the closing date and time of this solicitation.

(5) Proposal submissions containing links to SharePoint or similar sites will not be accepted.

(6) All submissions shall include 70RFPW24QW9000003 in the subject line of the email.

d) Quotations submitted electronically will be considered late unless the offeror completes the entire transmission of the quotation before the closing date and time for receipt of quotations under this solicitation. Late quotations may not be eligible for award.

Quotation transmission must be completed by 06/03/2024 at 0900 PST.

2. SITE VISIT AND QUESTIONS:

a) A one-time only site visit will be offered for 70RFPW24QW9000003. The site visit will be conducted on 04/17/2024 at 0900 PST.

Offerors shall email Rachel Kalac at rachel.d.kalac@fps.dhs.gov by 0900 PT on 04/16/2024 if they plan on attending the site visit.

b) Any Offeror asked questions shall be submitted in writing, via email by 0900 PST on 04/25/2024 to the Contract Specialist, Rachel Kalac, rachel.d.kalac@fps.dhs.gov, who under the advisement of FPS Electronic Security Specialist, Phil Coughlin, will post all questions and answers on FBO. Any questions received after the questions’ deadline date and time shall not be considered.

NOTE: Terms of this RFQ and specifications within the Statement of Work for 70RFPW24QW9000003 shall remain unchanged unless the Statement of Work is amended in writing by the Contracting Officer.

3. QUOTATIONS MUST CONSIST of FOUR (4) PARTS:

NOTE: Quotations shall be comprised of two (2) electronic submissions-via email. The first submission shall contain one (1) copy of the company’s submission inclusive of all the PARTS (I, II, III and IV) listed below. The other one (1) of the two (2) submissions shall consist only of the technical submission (PART I listed below) and this submission shall be redacted to remove any reference to the company name, address, email, phone number, DUNs number, Cage code, logo, key personnel, and any and all company specific and personally identifiable information.

Failure to meet any of the instructions for submission of Offeror quotations may result in the rejection of the Offeror’s quotation.

1) PART I – COMPLIANCE WITH TECHNICAL SPECIFICATIONS:

The Government will initially review quotations to determine whether the equipment proposed by the vendor meets the specifications in the Statement of Work. Vendors shall submit:

1) Itemized list of quoted equipment with brand, model, and quantities for each equipment, with no pricing information.

2) Cut sheets with narrative descriptions and technical specifications for each piece of equipment being quoted. All cut sheets shall be consolidated into one (1) file and in the order they appear on the Offeror provided furnished equipment list. The Offeror shall NOT send individual cut sheets. If the cut sheets are compressed via WinZip, they shall all still be one (1) file.

Technical Specifications will be evaluated for adherence to the stated requirements in the attached Statement of Work. If the government determines that the specifications do not adhere to the Statement of Work, the quotation will be found to be non-conforming and will not receive further consideration for award. Vendors who fail to submit the cut sheets and narrative descriptions may not receive further consideration for award.

Upon a determination that a quotation is technically conforming, the vendor’s quotation will be evaluated for past performance.

2) PART II – PRICE SUBMISSION:

The vendor shall submit:

1) The offeror must complete blocks 12, 17a, 17b and column 24 (Each (EA) price only for entire job), blocks 30a, 30b of the SF 1449. Signed SF1449 with total price of entire installation inclusive of labor, supervision, materials, training, shipping, freight, travel, per diem, equipment rental and warranty as described in the Statement of Work.

2) An itemized price listing shall be submitted that clearly identifies each item proposed. For each item proposed, the item, model, manufacturer and cost must be specified. In addition, the itemized price listing shall clearly identify prices for labor, supervision, project management, project engineering, equipment rental, travel, per diem, warranties, shipping/freight charges and any other applicable prices; these prices shall be listed individually. Pricing associated with travel and per diem shall be in accordance with FTR travel and per diem rates. This itemized and detailed pricing listing shall be submitted separately from the SF 1449.

3) PART III – CONTRACT DOCUMENTATION/REPRESENTATIONS & CERTIFICATIONS:

The vendor shall submit:

1) The “Contractor Quotation Checklist” shall be submitted in this part of the offeror’s quotation.

2) If amendments have been issued, the offeror shall acknowledge each amendment by completing Blocks 15a, 15b and 15c of the amendment (SF 30) or acknowledging amendments in any of the methods described in block 11 on the SF30 form.

3) The offeror shall complete 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS, per the clause instructions. 52.212-3 has been provided within the “Instructions to Offerors” section of the Request for Quotation (RFQ) package. The only exception to the offeror filling out the attached Reps & Certs is if the offeror is already represented and certified via SAM.gov (System of Award Management). This is solely the responsibility of the offeror to ensure their company is properly represented and certified.

4) Contractors shall provide current copies of all licenses required by state and local municipalities and a current Certificate of Insurance with quote.

5) Contractors shall provide current copy of their ISO 9001-2015 certificate. Failure to provide the required ISO 9001-2015 certification, held by the prime contractor, shall preclude the quotation from evaluation and award consideration. The prime contractor is responsible for ensuring subcontractors (when applicable) are also ISO 9001-2015 certified. The ISO 9001-2015 certification for subcontractors must be provided to the Contracting Officer upon request.

4) PART IV – Checklist Submission

The vendor shall submit a completed Attachment E – Contractor Quotation Checklist.

5) PART V – PAST PERFORMANCE (OPTIONAL):

The Offeror shall demonstrate relevant past performance by submitting a list of references for projects performed within the last three (3) years. Relevant past performance information includes, performance under projects (currently being performed or performed within the past three (3) years although those projects of short duration or recently awarded may be considered as slightly less relevant and/or presenting a higher performance risk given the shorter period of performance) that are of a similar or directly related scope, magnitude and complexity to that described in the solicitation and as defined below. Note that the Government reserves the right to evaluate submitted projects individually or in the aggregate in order to determine relevance and will do so consistently across all evaluated offers. The Government will also consider the quality of the Offeror’s relevant past performance. Information provided in response to this factor will assist the Government in determining the degree of risk associated with award of this project to the Offeror in question based upon that Offeror’s past and present performance on other relevant projects. In addition, the Contracting Officer may use past performance information as one of the components in making a determination of responsibility.

The offeror shall provide up to a maximum of three (3) “Attachment C – Past Performance Project Form(s)” for projects performed for Government agencies and/or commercial customers within the last three (3) years. For each project submitted, up to a maximum of three (3), the Offeror shall fill out one (1) “Attachment C - Past Performance Project Form” and submit those Past Performance Project Forms to the Government along with the Offeror’s submission. Vendors shall submit:

1) Up to a maximum of three (3) Past Performance Project Forms with their submitted quotation.

In accordance with the Past Performance Project Form(s) that are provided by the offeror, the Offeror is responsible for sending “Attachment D – Past Performance Questionnaire” to each end-customer listed on the Offeror provided “Attachment C – Past Performance Project Form”. Vendors shall have the end-customers for which services were rendered for submit:

2) Past Performance Questionnaires that shall be sent directly to the Contracting Specialist and in accordance with the vendor submitted Past Performance Project Forms.

The Government will not accept any “Attachment D - Past Performance Questionnaire(s)” sent directly from the offeror. Instructions are provided for the end-customer on how to send the completed Questionnaires to the Government. If the Government does not receive any “Attachment D - Past Performance Questionnaire(s)” from the end-customer(s) listed on the “Attachment C - Past Performance Project Form(s)”, then the Government reserves the right to directly contact the end-customer to facilitate submission of completed “Past Performance Questionnaires.” If the requested past performance information is not submitted to the Government, the Government reserves the right to obtain past performance through all available sources.

Past Performance will be evaluated for:

Period of Performance: When the contract was completed or if it is in progress. Completed projects will be considered more relevant than work in progress.

Scope: The type of services provided and what was installed. Video Security Surveillance (VSS), Closed Circuit Video (CCV) system, Intrusion Detection System, Access Control System, and Alarm system will be considered more relevant.

Magnitude: Total contract value.

Complexity: Not limited to, but including licensing, types of responsibilities, similarity to technical specifications of the current Government requirement, systems integration, offeror qualifications, and any issues that arose from the installation work and ability of the offeror to successfully rectify those issues. Complexity of projects completed for Government agencies will be considered more relevant than projects for commercial customers.

Overall Rehire-ability: Whether the end customer for which the services were provided would work with again, rehire, or recommend other customers to work with the offeror.

The Evaluator will consider individual projects that meet or exceed the scope and magnitude to have a higher degree of relevancy than those that meet only the scope or magnitude or are combined to meet or exceed the magnitude.

Information provided in response to past performance will assist the Government in determining the degree of risk associated with award of this project to the Offeror in question based upon that Offeror’s past and present performance on other relevant projects.

4. ADDITIONAL INFORMATION

a) The equipment identified in the Statement of Work for 70RFPW24QW9000003 is not required to be brand name specific; however, any and all equivalent equipment shall be clearly identified by the Contractor and shall demonstrate conformance to the same or better standards and provide at least the same or better level of quality and service as the equipment specified. The Department of Homeland Security (DHS), Federal Protective Service (FPS) reserves to itself the authority for making technical determinations on the equivalence or acceptability of any security product or security system component for any security system installed or monitored by the DHS. The determination of equipment conformity to the specified standards will be done prior to the past performance and price evaluations. No proprietary equipment will be accepted. All equipment shall be commercially available.

b) By submitting a quotation, the Offeror agrees to comply with all terms and conditions set forth in this RFQ, including the Statement of Work.

c) The non-price factors are more important than price. The non-price factors for 70RFPW24QW9000003 are conformance to the Technical Specifications as listed within the Statement of Work and Past Performance. Technical Specifications are the most important, while Past Performance is the second most important, and Price being the least important. When combined, the non-price factors are more important than price.

d) Technical Specifications: The offeror will either conform to all of the technical specifications as listed within the Statement of Work and found to be acceptable or the offeror will not conform to all of the technical specifications as listed within the Statement of Work and found to be unacceptable.

e) Past Performance: The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Offerors lacking recent and relevant past performance history will not be evaluated favorably or unfavorably on past performance. The Government will consider the quality of an offeror’s past performance. This consideration is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the offeror’s relevant past performance will be used as a means of evaluating the relative capability of the offeror and other competitors to successfully meet the requirements of the RFQ. In determining the rating for the past performance evaluation factor, the Government will give greater consideration to the contracts which the Government feels are most relevant to the RFQ.

f) Price: The Government reserves the right to award the contract to other than the lowest priced offeror.

g) Offerors are informed that it is the Government’s desire to make award on initial quotations when deemed possible by the Contracting Officer, however the Government reserves the right to communicate with offerors later, if determined necessary.

h) Instructions to Offerors

1. For each commercially available Information and Communications Technology (ICT) item offered through this contract, the Offeror shall provide an Accessibility Conformance Report (ACR). The ACR shall be created using the Voluntary Product Accessibility Template Version 2.2 508 (or later). The template can be found at https://www.itic.org/policy/accessibility/vpat. Each ACR shall be completed in accordance with all the instructions provided in the VPAT template. Each ACR must address the applicable Section 508 requirements referenced in the Work Statement. Each ACR shall state exactly how the ICT meets the applicable standards in the remarks/explanations column, or through additional narrative. All “Supports”, “Supports with Exceptions”, “Does Not Support”, and “Not Applicable” (N/A) responses must be explained in the remarks/explanations column or through additional narrative. The offeror is cautioned to address each standard individually and with specificity, and to be clear whether conformance is achieved throughout the entire ICT Item (for example - user functionality, administrator functionality, and reporting), or only in limited areas of the ICT Item. The ACR shall provide a description of the evaluation methods used to support Section 508 conformance claims. The agency reserves the right, prior to making an award decision, to perform testing on some or all of the Offeror’s proposed ICT items to validate Section 508 conformance claims made in the ACR.

2. For each ICT Item that will be developed, modified, installed, configured, integrated, or hosted by the contractor pursuant to this contract, the offeror shall provide an acknowledgement of the Section 508 requirements and a detailed explanation of the Offerors plan to ensure conformance with the requirements. The Offeror shall also describe the evaluation methods that will be used to validate for conformance to the Section 508 Standards.

i) Acceptance Criteria

1. Before accepting items that contain Information and Communications Technology (ICT) that are developed, modified, or configured according to this contract, the government reserves the right to require the contractor to provide the following:

· Accessibility test results based on the required test methods.

· Documentation of features provided to help achieve accessibility and usability for people with disabilities.

· Documentation of core functions that cannot be accessed by persons with disabilities.

· Documentation on how to configure and install the ICT Item to support accessibility.

· Demonstration of the ICT Item’s conformance to the applicable Section 508 Standards, (including the ability of the ICT Item to create electronic content – where applicable).

2. Before accepting ICT required under the contract, the government reserves the right to perform testing on required ICT items to validate the offeror’s Section 508 conformance claims. If the government determines that Section 508 conformance claims provided by the offeror represent a higher level of conformance than what is actually provided to the agency, the government shall, at its option, require the offeror to remediate the item to align with the offeror’s original Section 508 conformance claims prior to acceptance.

Achieved Technical Ceiling Non-price factors, when combined, are more important than price. However, the Government contemplates the possibility that it may identify an offer(s) of such a high technical quality that it would not be in the Government’s interest to pay an additional price premium for any additional technical (non-price) advantage. As a result, offerors are advised that the Government may not evaluate the technical proposals of all offerors under this RFQ. The government will first review the total evaluated price of all proposals received. The technical proposals of those offerors whose pricing is determined by the Contracting Officer to be most competitive may be reviewed prior to, or instead of, other technical proposals received. Based on the initial review of these technical proposals, the government may not evaluate the technical proposals of other offerors, whose total evaluated pricing was higher than that of one already evaluated and already assigned the highest possible technical adjectival rating. This would occur when the Contracting Officer determines that one or more of the technical proposals already reviewed is of such a level of quality that it would not be in the interest of the government to incur cost beyond the price of the technical proposals already reviewed.

BASIS FOR SELECTION

The Government will select the responsible offeror whose submissions, in conforming to this RFQ, provides the overall best value to meet the Government’s requirements, price and non-price factors considered. Only apparent successful offerors determined to be responsible pursuant to FAR 9.104-1 will be issued a contract.

52.212-2 EVALUATION – COMMERCIAL ITEMS (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical Specifications

(ii) Past Performance

(iii) Price Technical Specifications and Past Performances, when combined, are more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (Dec 2022) 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 (v) of this provision.

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"— Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

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

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

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

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

(1) Directly by a parent corporation; or

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

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

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

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

Women-owned 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—

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

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

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

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

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

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

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(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—

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or (ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(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 joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

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

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

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

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

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

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

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

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

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

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

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

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

(1)

(i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___ [List as necessary]

(4) 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)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical 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:

(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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ___ [List as necessary]

(v) 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 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 Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Israeli End Products:

Line Item No.

(3) 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:

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–

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

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(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 the threshold at 9.104-5(a)(2) 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…