70US0919Q70090259_Complete_RFQ1.pdf

70US0919Q70090259

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

499830

1 37

COMMUNICATIONS CENTER (PRO)

245 MURRAY LANE SW

BLDG T-5

PRO-PROCUREMENT DIV

WASHINGTON DC 20223

950 H STREET NW, AOD, ROOM 6000

950 H STREET NW

ADM OPERATIONS

ROOM 6000

WASHINGTON

DC 20223

202 406-6940KEISHA PENDER

07/29/2019 1200 ET

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This RFQ is a current FEDBizOpp Small Business(SB)set-aside.

Award will be made to the Lowest Priced Technically Acceptable (LPTA).

Quotes are due in response by Friday, July 29, 2019 at 12:00pm est.

Please send me quotes to Keisha Pender at keisha.pender@usss.dhs.gov.

No late Submissions will be accepted.

Period of Performance: 09/23/2019 to 10/03/2019

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70US0919Q70090259

0001 ESTABLISH A CONTRACT TO PROVIDE LABOR AND US

MATERIALS FOR TENTS TO BE PLACED AT VARIOUS

LOCATIONS IN SUPPORT OF UNGA 74

USSS BETC: DISB

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Document Type: Combined Synopsis/Solicitation

Classification Code: W- Lease or Rental of Equipment

NAICS Code: 532289 – Other Consumer Goods Rental

Contracting Office Address DHS - United States Secret Service (USSS), Procurement Division

Title: Tents in Support of UNGA 74

Solicitation Number: 70US0919Q70090259

Set Aside: Total Small Business

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation number 70US0919Q70090259 is issued as a Request for Proposal (RFQ) through Federal Acquisition Circular 05-101. The associated North American Industrial Classification System (NAICS) code for this procurement is 532289 - Other Consumer Goods Rental with a small business size standard of $7M. This requirement is a small business set aside and only qualified offerors may submit bids. Award will be made on lowest price technically acceptable.

The United States Secret Service requires tent for various locations in and around surrounding areas in New York as specified in the attached Statement of Work (SOW). The Government intends to award a Firm Fixed Priced Contract.

A site visit can be arranged, offerors are required to send an email to request for a site visit to the Contract Specialist, Keisha Pender (keisha.pender@usss.dhs.gov) no later than, July, 24, 2019 @ 12:00pm (EST).

Potential offerors are hereby notified that the solicitation and subsequent amendments to the solicitation will only be available by downloading the documents at the Federal Business Opportunities Website at http://www.fbo.gov. This office will not issue hard copy solicitations. By submitting a proposal, the vendor will be self-certifying that neither the requestor nor the principal corporate officials and owners are currently suspended, debarred, or otherwise ineligible to receive contracts from any Federal Agency.

1. PRICING AND AVAILABILITY

The offeror shall provide an FOB Destination "each" tent rental including accessories in accordance with each line item listed in the SOW. The offeror must provide a CAD drawing of any special tent layouts as stated on the SOW.

2. OFFEROR INFORMATION: The offeror shall provide:

1) Name, title, telephone number, fax number, and email address of the point of contact.

2) Nine-digit DUNS. The DUNS is used to verify that the vendor is in SAM. By submitting a proposal, the Offeror acknowledges the Government requirement to be in the System for Award Management (SAM) database prior to award of any contract. Information about SAM may be found at www.sam.gov.

3) Nine-digit TIN. The Taxpayer Identification Number is necessary for electronic payment.

3. PAST PERFORMANCE REFERENCES

The offeror shall submit at least three references for current and past performance for awards occurring within the past three years. Past Performance will be evaluated in terms of relevancy and currency.

The submission of all references shall include the following information:

(i) Contract Number(s)

(ii) Name and phone number of a point of contact at the Federal, State, Local Government or Commercial entity for which the contract was performed.

(iii) Email addresses for each point of contact.

(iv) Dollar value of the Contract.

(v) Detailed description of the work performed.

(vi) The number, type and severity of any quality, delivery or cost problems in performing the contract, the corrective action taken and the effectiveness of the correct action.

4. ADDITIONAL INFORMATION FOR OFFERORS

Since this is a competitive requirement, please do not telephone with questions but email them. Questions regarding the solicitation must be emailed to Contract Specialist, Keisha Pender at no later than 26 July 2019 by 12:00pm (eastern). If you do not receive a confirmation response then your question was not received.

The deadline for receipt of quote is 29 July 2019 by 12:00pm (eastern). All documents required for submission of proposal must be sent to Keisha Pender via email to keisha.pender@usss.dhs.gov. Hard copy or faxed proposals shall not be accepted.

Communications with other officials may compromise the competitiveness of this acquisition and result in cancellation of the requirement.

5. STATEMENT OF WORK

Purpose: The Secret Service is in need of tents to lease on a temporary basis to support the United Nations General Assembly in New York, New York. Contractor is to furnish tents and labor to install at locations and time frames as stated below. Locations and Quantities are subject to change. Time frames are approximate and are subject to change. Further information will be given on actual locations and point of contact closer to the event.

1) 44th Street between 2nd & 3rd Avenue

POC: TBD

Location: On 44th St, West of 2nd Ave: Northside (setup approximately 170’ west of 2nd Avenue) Purpose: Vehicle check point – Services UN perimeter Install 09-23-2019 11:00 AM - 01:00 PM Remove 09-28-2019 08:00 PM - 10:00 PM 1 10ft X 10ft x 9’-3” Leg Height (or 10’-0”) Frame Tent

(preferably Tentnology or Ideal Canopy) 3 9ft X 10ft solid white walls 4 300lb cement blocks 1 Halogen light with 50ft cord 1 8ft x 30in Banquet Table 15 Chairs 10 Black Garbage Bags 1 Power Strip 6 Orange Safety Cones

2) 49th Street

POC: TBD

Purpose: Vehicle check point – Services the Waldorf, Palace, and Intercon Location: 49th St, West of 3rd Ave - Southside Install 09-21-2019 12:00 PM – 02:00 PM Remove 09-27-2019 05:00 PM – 07:00 PM 1 10ft X 10ft x 9’-3” Leg Height (or 10’-0”) Frame Tent

(preferably Tentnology or Ideal Canopy) 3 9ft X 10ft solid white walls 4 300lb cement blocks 1 Halogen light with 50ft cord 10 Chairs 1 8ft x 30in Banquet Table 10 Black Garbage Bags 1 Power Strip 6 Orange Safety Cones

3) U.N. Garage at 48th Street

POC: TBD

Purpose: Vehicle check point– Services UN perimeter Location: On 48th St East of 1st Ave: Southside Install 09-24-2019 01:00 AM - 04:00 AM Remove 09-28-2019 08:00 PM - 10:00 PM 1 20ft X 40ft Engineered Kedered Frame Tent with 10’ Tall Leg

(preferably Anchor Navitrac, Olympic, or Comparable) 4 9ft X 20ft solid white walls 12 800lb cement weight stacks 2 Halogen light with 50ft cords 18 Chairs 1 8ft x 30in Banquet Table 10 Black Garbage Bags 1 Power Strip

4) UN Garage: FDR Service Road

POC: TBD

Purpose: Vehicle check point– Services UN perimeter Location: FDR Service Road Bet 48th and 49th, covering one lane Install 09-24-2019 01:00 AM - 04:00 AM Remove 09-28-2019 08:00 PM - 10:00 PM 1 20ft X 40ft tent (10ft Tall Leg)

(preferably Anchor Navitrac, Olympic or Comparable) Covering one lane

2 9ft X 40ft solid white walls 12 800lb cement blocks 14 Chairs 2 halogen light with 50ft cords 10 Black Garbage Bags 1 Power Strip

5) 41st St. Motorcade Sweep (Vehicle Inspection)

POC: TBD

Purpose: Vehicle check point - Services UN perimeter and Motorcades Location: on 1st St Btw 1st Ave & FDR – Southside, close to FDR Install 09/22/2019 01:00 AM - 04:00 AM Remove 09/29/2019 12:00 PM - 03:00 PM 1 20ft X 40ft tent (10ft Tall Leg)

(preferably Anchor Navitrac, Olympic or Comparable) Approximately covering two lanes

2 9ft X 40ft solid white walls 12 800lb cement blocks 2 Halogen light with 50ft cords 30 Orange Safety Cones

6) 41st St. Motorcade Sweep (Personnel)

POC: TBD

Purpose: Vehicle check point - Services UN perimeter and Motorcades Location: on 1st St Btw 1st Ave & FDR – Southside, close to FDR Install 09/22/2019 02:00 AM - 04:00 AM Remove 09/29/2019 12:00 PM - 02:00 PM 1 10ft X 10ft x 9’-3” Leg Height (or 10’-0”) Frame Tent

(preferably Tentnology or Ideal Canopy) 3 9ft X 10ft solid white walls 4 300lb cement blocks 1 Halogen light with 50ft cord 8 Chairs 1 8ft x 30in Banquet Table 10 Black Garbage Bags 1 Power Strip

7) 61st St at Park

POC: TBD

Purpose: Vehicle check point – Services the London/Peninsula Hotel Location: On 61st St, Btwn Lex and Park, close to Park, North Lane Install 09/25/2019 03:00 PM – 05:00 PM Remove 09/29/2019 09:30 PM – 11:30 PM 1 10ft X 10ft x 9’-3” Leg Height (or 10’-0”) Frame Tent

(preferably Tentnology or Ideal Canopy) 3 9ft X 10ft solid white walls 4 300lb cement blocks 1 Halogen light with 50ft cord 8 Chairs 1 8ft x 30in Banquet Table 10 Black Garbage Bags 1 Power Strip 6 Orange Safety Cones

8) 56th & 6th Ave

POC: TBD

Location: On 6th Ave, East Side, Bus lane – Just north of subway entrance – on sidewalk Install 09/23/2019 10:00 AM - 12:00 PM Remove 09/27/2019 12:00 AM – 02:00 AM 1 10ft X 10ft x 9’-3” Leg Height (or 10’-0”) Frame Tent (preferably Tentnology or Ideal Canopy) 3 9ft X 10ft solid white walls 4 300lb cement blocks 1 Halogen light with 50ft cord 8 Chairs 1 8ft x 30in Banquet Table 10 Black Garbage Bags 1 Power Strip 6 Orange Safety Cones

9) JFK Airport: A

POC: TBD

Install 09-10-2019 12:00 PM-05:00 PM Remove 10-02-2019 10:00 AM-03:00 PM 1 20ft X 30ft heavy duty kedered frame tent (with Clear top) with 10’ Tall Leg

(preferably Anchor Navitrac, Olympic or Comparable) 2 10ft X 30ft walls 10 800 lb cement weight stacks 1 10ft X 20ft x 9’-3” Leg Height (or 10’-0”) Frame Tent

(preferably Tentnology or Ideal Canopy) 2 9ft X 10ft solid white walls 1 9ft X 20ft solid white walls 4 500lb cement blocks

10) JFK Airport: B

POC: TBD

Install 09-10-2019 12:00 PM-05:00 PM Remove 10-02-2019 10:00 AM-03:00 PM 1 20ft X 30ft heavy duty kedered frame tent (with Clear top) with 10’ Tall Leg

(preferably Anchor Navitrac, Olympic or Comparable) 2 10ft X 30ft walls 10 800 lb cement weight stacks 1 10ft X 20ft x 9’-3” Leg Height (or 10’-0”) Frame Tent

(preferably Tentnology or Ideal Canopy) 2 9ft X 10ft solid white walls 1 9ft X 20ft solid white walls 4 500lb cement blocks

11) NY Palace: 51st Street X-Ray Tent

POC: TBD

Hotel Entrance: X-Ray Tent Off corner of 51st Street, next to marquee Install 09-21-2019 06:00 PM – 11:00 PM Remove 09-27-2019 06:00 PM – 11:00 PM 1 10ft X 20ft x 9’-3” Leg Height (or 10’-0”) Frame Tent

(preferably Tentnology or Ideal Canopy) 3 9ft X 20ft solid white walls 4 500lb cement blocks 1 Halogen light with 50ft cord 8 Chairs 2 Pipe cross beams 4 Pipe uprights 4 Pipe base plates 6 10' x 5' Velour Drapes

12) NY Palace: 50th St Garage Door Between Park Avenue & Madison Avenue

POC: TBD

Install 09-21-2019 06:00 PM – 11:00 PM Remove 09-27-2019 06:00 PM – 11:00 PM 1 4ft X 25ft Frame Tent 1 10ft X 10ft sliding white wall 1 10ft X 15ft sliding white wall 1 Additional vinyl to fill in around tent to sides of building 6 500lb Cement Blocks

13) NY Palace: Courtyard Tents Between trees in courtyard

POC: TBD

Hotel Entrance: X-Ray Tent Install 09-21-2019 11:00 AM – 12:00 PM Remove 09-21-2019 10:00 PM – 12:00 AM 1 10ft X 20ft x 9’-3” Leg Height (or 10’-0”) Frame Tent

(preferably Tentnology or Ideal Canopy) 2 9ft X 20ft solid white walls 4 300lb cement blocks 1 Halogen light with 50ft cord 8 Chairs

14) NY Palace: EOD On 49th Street & 3rd Avenue

POC: TBD

Install 09-21-2019 06:00 PM – 11:00 PM Remove 09-27-2019 08:00 PM – 11:30 PM 1 10ft X 10ft x 9’-3” Leg Height (or 10’-0”) Frame Tent (preferably Tentnology or Ideal Canopy) 3 9ft X 10ft solid white walls 4 300lb cement blocks 1 Halogen light with 50ft cord 8 Chairs 10 Black Garbage Bags 1 Power Strip 6 Orange Safety Cones

15) NY Palace: 51st Street Garage On 51st Street, Garage Entrance

POC: TBD

Install 09-21-2019 06:00 PM – 11:00 PM Remove 09-27-2019 08:00 PM – 11:30 PM 1 13ft H X 26ft Sliding Cover (18’ & 8’) 1 10ft X 15ft solid white wall 1 10ft X 10ft solid white wall 6 700lb cement blocks with

16) NY Palace: 51st Chute On 51st Street, Garage Entrance

POC: TBD

Install 09-21-2019 06:00 PM – 11:00 PM Remove 09-27-2019 08:00 PM – 11:30 PM 1 6ft X 10ft x 9’-0” Leg Height Frame Tent 2 10ft X 10ft solid white wall 4 300lb cement blocks

17) Bloomberg Global Business Forum: Spa Entrance On 6th Avenue, South West Corner of 58th Street

POC: TBD

Install 09-26-2019 02:00 AM - 05:00 AM Remove 09-26-2019 06:00 PM - 08:00 PM 1 8ft X 15ft x Several Leg Heights Frame Tent (Olympic Tent) 9ft X 15ft solid white walls 4 500lb cement blocks

18) Bloomberg Global Business Forum: Loading Dock

POC: TBD

Install 09-26-2019 02:00 AM - 05:00 AM Remove 09-26-2019 06:00 PM - 08:00 PM 1 10ft X 10ft x 9’-3” Leg Height (or 10’-0”) Frame Tent (preferably Tentnology or Ideal Canopy) 2 9ft X 10ft solid white walls 4 300lb cement blocks

19) UN Millennium East 45th Street at Loading Dock - about 100ft off 1st Avenue

POC: TBD

Install 09-22-2019 10:00 PM - 11:30 PM Remove 09-27-2019 06:00 PM - 08:00 PM 1 10ft X 10ft x 9’-3” Leg Height (or 10’-0”) Frame Tent (preferably Tentnology or Ideal Canopy) 3 9ft X 10ft solid white walls 4 300lb cement blocks 1 Halogen light with 100ft cord 8 Chairs 10 Black Garbage Bags 1 Power Strip 10 Orange Safety Cones

20) Cuban RON On sidewalk: Lexington Ave. West of the Mission Entrance (315 Lexington Ave)

POC: TBD

Install 09-23-2019 08:00 AM – 09:30 AM Remove 09-30-2019 10:00 AM – 12:00 PM 1 10ft X 10ft x 9’-3” Leg Height (or 10’-0”) Frame Tent (preferably Tentnology or Ideal Canopy) 3 9ft X 10ft solid white walls 4 300lb cement blocks 1 Halogen light with 50ft cord 4 Chairs 10 Black Garbage Bags 1 Power Strip

21) Pop-Up Tent Rentals 44th & 3rd Avenue Delivery

POC: TBD

Deliver 09-25-2019 12:00 PM – 04:00 PM Pickup 09-27-2019 08:00 PM – 11:00 PM 5 10x10 Pop Up Tent 20 50lb Sand Bags

22) Cuba Riverside Church Riverside Church SE side walk of W. 122nd St and Riverside Dr. New York, NY

POC: TBD

Install 09-26-2019 04:00 PM – 06:00 PM Remove 09-26-2019 11:30 PM – 01:00 AM 1 8ft X 25ft x 10’-0” Leg Height Frame Tent (Olympic Maxi or Navitrac) 2 10ft X 15ft Sidewalls 2 10ft X 10ft Sidewalls 6 500lb cement blocks 1 Halogen light with 50ft cord

23) Cuban RON X-Ray South side sidewalk on 38th St. between 3rd and Lexington Ave

POC: TBD

Install 09-23-2019 06:00 AM – 08:00 AM Remove 09-30-2019 10:00 AM – 12:00 PM 1 10ft X 10ft x 9’-3” Leg Height (or 10’-0”) Frame Tent (preferably Tentnology or Ideal Canopy) 3 9ft X 10ft solid white walls 4 300lb cement blocks 1 Halogen light with 50ft cord 4 Chairs 10 Black Garbage Bags 1 Power Strip

15) LOCATION TBD

Address TBD

POC: TBD

Install 09-21-2019 06:00 PM – 11:00 PM Remove 09-27-2019 08:00 PM – 11:30 PM 1 13ft H X 26ft Sliding Cover (18’ & 8’) 1 10ft X 15ft solid white wall 1 10ft X 10ft solid white wall 6 700lb cement blocks with

Contractor Screening:

The selected contractor will be required to provide the following information about the contractor’s employees and subcontractors who may have direct or incidental access to information being provided by the U.S. Secret Service: a) Employee’s full name; b) Employee’s date and place of birth; c) Employee’s social security number; and d) Employee’s race and sex.

The U.S. Secret Service will conduct a background check of all named personnel. The results of these checks will be used solely by the U.S. Secret Service in evaluating personnel.

6. CONTRACT CLAUSES

52.212-1 Instructions to Offerors - Commercial Items. (JAN 2017)

52.212-2 Evaluation - Commercial Items. (OCT 2014)

(a) The Government will award a Firm Fixed Priced contract resulting from this solicitation on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors of a technically acceptable proposal and past performance. Each line item will be evaluated separately. Evaluation of price will be made on total price. Steps in the evaluation and award of this acquisition are as follows:

(i) All offers found to be technically unacceptable shall be eliminated. Examples of reasons for being found unacceptable include but are not limited to: nonresponsive, debarred or suspended, prohibited source, or products which are submitted that fail to meet field testing evaluation for equivalency.

(ii) Offerors of technically acceptable products and having low risk to moderate past performance ratings will be ranked by price.

(iii) The offeror's quote shall demonstrate its understanding of the requirements listed in the Statement of Work (SOW), as well as its knowledge of the supplies/services to be provided and the ability to fulfill the SOW.

Past Performance - Past Performance will be evaluated in terms of relevancy and recent history. Relevance means references provided must relate to the same effort or similar one in both product and scale. Recent history means references provided on current or recently completed contracts within the past 3 years. Past performance will assess delivery and quality of product as it relates to probability of successful contract performance. Each performance risk assessment of the areas listed above will consider the number and severity of problems, the effectiveness of corrective actions taken and the overall work record. Problems not addressed by the offeror will be considered to still exist. However, the degree to which the offeror can demonstrate that it has successfully provided program support will be given a higher rating. Under this factor, the USSS will evaluate how well an offeror performed similar work with other government agencies or companies. The assessment of performance risk is not intended to be an analysis of an offeror’s performance on a list of contracts, but rather the product of subjective judgment of the evaluators after it considers all available, relevant and recent information.

Price - For evaluation purposes, the Total Evaluated Price will be the sum of all CLIN amounts. In addition, for evaluation purposes, adjustments the Government deems appropriate will be made to include Government costs required to accomplish the offeror’s proposed approach with the exception of those costs to the Government that are equal across all offerors. The proposed unit prices and the Total Evaluated Price as previously defined will be evaluated for reasonableness. Also, each offeror’s Price proposal will be evaluated to determine if it is consistent with the offeror’s technical approach and reflects a clear understanding of the solicitation requirements.

(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. (End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items. (Nov 2017)

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 located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision—

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

“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 https://www.sam.gov/portal http://uscode.house.gov/ http://uscode.house.gov/

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

(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/view.xhtml?req=granuleid:USC-prelim-title38-section101(2)&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101(16)&num=0&edition=prelim 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 (t) 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 □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

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

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

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

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

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

(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

(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.)

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

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

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

Line Item No. Country of Origin

(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.

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(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

(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

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

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

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

Other End Products:

Line Item No. Country of Origin

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