Attachment 3 Quote Submission Form.docx

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Janitorial Services for TSA EWR
Solicitation number
70T01024Q7668N001
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This solicitation requests quotes for janitorial and pest control services at Newark Liberty International Airport for the Transportation Security Administration. Quotes are due by January 25, 2024 and must be submitted to two TSA contracting specialists. The procurement is set aside for eligible Service-Disabled Veteran Owned Small Businesses and follows FAR Subpart 13.5 for simplified acquisitions. Services are required from May 1, 2024 through April 30, 2029 with the option to extend for one additional year. Quotes must include completion of the Attachment 3 form providing company information, technical approach, past performance references, and fixed pricing for the base year and four option years for janitorial services in Terminals A, B and C. The applicable NAICS code is 561720 for janitorial services with a small business size standard of $19.5 million.

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RFQ No. 70T01024Q7668N001– Attachment 2 Quote Submission Form

RFQ NO. 70T01024Q7668N001 – QUOTE SUBMISSION FORM

Instructions: Quoters must fully complete the information requested below in each section. Quoters may either type or legibly write their information in the form below and submit as a Adobe PDF compatible document. This attachment must be submitted by the due date and time for the submission of quotes as prescribed in the RFQ Cover Letter (See Page 2) under “Quote Submission Instructions”.

Name of Quoter:

Mailing Address:

SAM UEI:

Point of Contact:

Phone / Email:

Business Size (Large/Small):

Socioeconomic Category (SDB, WOSB, EDWOSB, HUBZone, SDVOSB, etc.):

Factor 1: Technical Approach Quoters must confirm all statements listed below:

TECHNICAL STATEMENTS

(1) All requirements of the Performance Work Statement (PWS) will be met.
☐Confirm
(2) The minimum staffing requirement and hours as stated in the PWS will be met.
☐Confirm
(3) I agree to comply with all permitting, insurance, and security requirements prescribed by the Port Authority of New York and New Jersey in order to successfully perform on airport property.
☐Confirm
(4) I agree to comply with the prevailing Department of Labor Wage Determination.
☐Confirm
(5) I agree to comply with FAR Clause 52.219-14 “Limitations on Subcontracting”.
☐Confirm
(6) I agree to comply with the sustainable acquisition requirements that are outlined in the solicitation and affirm FAR 52.223-1 “Bio-based Product Certification”.
☐Confirm
(7) I agree to comply with FAR 52.222-62 “Paid Sick Leave Under Executive Order 13706”.
☐Confirm

Factor 2: Past Performance Quoters must provide a minimum of three (3) past performance references within the past three (3) years, similar in size, scope, and complexity to the requirement being solicited. Please provide the following information for each reference:

Past Performance Reference #1 Name of Client (Government agency or private organization:

Description of effort:

Name of the point of contact, along with telephone number and e-mail

Dollar amount of the contract

The completion date

Any pertinent information regarding schedule, cost and quality of work performed

Past Performance Reference #2 Name of Client

Description of effort:

Name of the point of contact, along with telephone number and e-mail

Dollar amount of the contract

The completion date

Any pertinent information regarding schedule, cost and quality of work performed

Past Performance Reference #3 Name of Client

Description of effort:

Name of the point of contact, along with telephone number and e-mail

Dollar amount of the contract

The completion date

Any pertinent information regarding schedule, cost and quality of work performed

Factor 3 – Price Quoters must fill out the table below and ensure all blanks and spaces are completed. All options must be separately priced.

CLIN
DESCRIPTION
QTY
UNIT
MONTHLY

PRICE

TOTAL PRICE

0001
BASE PERIOD - Terminal A: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR). POP: 05/01/24- 04/30/25

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Draft and Final Quality Assurance Plan. Shift Checklists.

12
Month
$__________
$___________
0002
BASE PERIOD - Terminal B: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR).

POP: 05/01/24- 04/30/25

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Draft and Final Quality Assurance Plan. Shift Checklists.

12
Month
$__________
$___________
0003
BASE PERIOD - Terminal C: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR).

POP: 05/01/24- 04/30/25

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Draft and Final Quality Assurance Plan. Shift Checklists.

12
Month
$__________
$___________
Base Period – Total Price
$___________
1001
OPTION PERIOD 1 - Terminal A: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR).

POP: 05/01/25- 04/30/26

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Shift Checklists.

12
Month
$__________
$___________
1002
OPTION PERIOD 1 - Terminal B: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR).

POP: 05/01/25- 04/30/26

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Shift Checklists.

12
Month
$__________
$___________
1003
OPTION PERIOD 1 - Terminal C: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR).

POP: 05/01/25- 04/30/26

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Shift Checklists.

12
Month
$__________
$___________
Option Period 1 – Total Price
$___________
2001
OPTION PERIOD 2 - Terminal A: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR).

POP: 05/01/26- 04/30/27

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Shift Checklists.

12
Month
$__________
$___________
2002
OPTION PERIOD 2 - Terminal B: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR).

POP: 05/01/26- 04/30/27

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Shift Checklists.

12
Month
$__________
$___________
2003
OPTION PERIOD 2 - Terminal C: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR).

POP: 05/01/26- 04/30/27

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Shift Checklists.

12
Month
$__________
$___________
Option Period 2 – Total Price
$___________
3001
OPTION PERIOD 3 - Terminal A: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR).

POP: 05/01/27- 04/30/28

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Shift Checklists.

12
Month
$__________
$___________
3002
OPTION PERIOD 3 - Terminal B: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR).

POP: 05/01/27- 04/30/28

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Shift Checklists.

12
Month
$__________
$___________
3003
OPTION PERIOD 3 - Terminal C: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR).

POP: 05/01/27- 04/30/28

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Shift Checklists.

12
Month
$__________
$___________
Option Period 3 – Total Price
$___________
4001
OPTION PERIOD 4 - Terminal A: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR).

POP: 05/01/28- 04/30/29

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Shift Checklists.

12
Month
$__________
$___________
4002
OPTION PERIOD 4 - Terminal A: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR).

POP: 05/01/28- 04/30/29

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Shift Checklists.

12
Month
$__________
$___________
4003
OPTION PERIOD 4 - Terminal A: Janitorial Services for TSA Leased Spaces the Newark Liberty International Airport (EWR).

POP: 05/01/28- 04/30/29

Cleaning Locations: See Attachment 1 – Performance Work Statement (PWS), Appendix 1 – Service Location Summary

Deliverables: Shift Checklists.

12
Month
$__________
$___________
Option Period 4 – Total Price
$___________

TOTAL PURCHASE ORDER VALUE

Quoters must completely fill in (areas highlighted in blue bold font) the following solicitation provisions provided below:

FAR 52.209-2 Prohibtion on Contracting with Inverted Domestic Corporations – Representation (Nov 2015)

(a) Definitions. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations ( 52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that-

(1) It ☐ is, ☐ is not an inverted domestic corporation; and

(2) It ☐ is, ☐ is not a subsidiary of an inverted domestic corporation.

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that— (1)It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (DEC 2019).

(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.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it ☐ does, ☐ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.219-1 “Small Business Program Representations (SEP 2023)

(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, 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 concern eligible under the WOSB Program.

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—

(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 the size standard in paragraph (b) of this provision.

(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 with 13 CFR 124.1001, 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 the threshold at 13 CFR 124.104(c)(2) 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.

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

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

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

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

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

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

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) The North American Industry Classification System (NAICS) code for this acquisition is 561720.

(2) The small business size standard is $19.5M in average annual receipts.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) 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).

List the names and unique entity identifiers of each party to the joint venture here: __. Or ☐N/A]

(2) [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 124.1001.

(3) [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 women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer 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 here: __. Or ☐N/A]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer 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 here: __. Or ☐N/A]

(6) [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.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) 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 service-disabled veteran-owned 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 here: __. Or ☐N/A. 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.

(8) [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) Notice. Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-

(1) Be punished by imposition of fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Act.

(End of Provision)

HSAR 3052.209-70 Prohibition on contracts with corporate expatriates (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The quoter under this solicitation represents that [Check one]:

☐it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

☐it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or ☐it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or quotation.

(End of Provision)

QUOTER CONFIRMATION: By submitting this quote, the Quoter confirms that the quoted price includes all labor, supervision, payroll taxes, airport permit fees, security fees, insurance, supplies, and reasonable profit to successfully meet the Government's janitorial requirements at Newark Liberty International Airport (EWR). The Quoter confirms that the quoted price complies with the Department of Labor Wage Determination. Finally, the Quoter accepts the terms and conditions of the solicitation and any amendments; takes no exceptions to the solicitation terms and conditions; and will meet the requiremnts identified in the Performance Work Statement (PWS). This quote is valid 120 days from the date of submission.

Signature: _______________________________

Print Name: _______________________________

Title: _______________________________

Date: _______________________________ image1.jpg

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