9531CB20R0025 A0001.pdf

(x)

9531CB20R0025

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

CFPB

WASHINGTON DC 20552

1700 G STREET, NW

OFFICE OF PROCUREMENT

Consumer Financial Protection Burea

CFP

WASHINGTON DC 20552

1700 G STREET, NW

OFFICE OF PROCUREMENT

Consumer Financial Protection Burea

08/13/20200001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

07/27/2020

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Please see page 2 for details about this amendment. A signed copy of this amendment should be included in your final submission.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

JERRY SALINAS

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

House Price Index Data Subscription Request for Proposal (RFP) No. 9531CB20R0025

Amendment 0001

The purpose of Amendment 0001 is as follows:

a) Provide answers to comments and questions received regarding the House Price Index Data Subscription RFP; and

b) Extends the RFP submission due date.

a) The answers to the RFP comments and questions are hereby provided as follows:

1. Are the documents such as the Good Faith Effort Certification, Point of

Contact page and NDA agreement required with the proposal response submission, or post proposal/upon award?

The Good Faith Effort Certification and Point of Contact must be included in your proposal. The NDA is for informational purposes during the solicitation phase. Signed copy(s) of the NDA must be submitted to the Contracting Officer’s Representative after contract award.

2. Is online HPI access a required feature, or optional/”nice to have”?

Allowing users to access the data online would be a “nice to have” optional feature but is not required.

3. Page 5 Section 2.0: The RFP states, “The CFPB requires a contractor to provide online access and a subscription to historical and current house price indices data where the Bureau can obtain data on current and historical trends for single family home prices at various geographic levels and for different transaction types and tiers.”

However, the rest of the solicitation seems to imply that contractors will only be providing data—not online access.

Can the CFPB please clarify what, if any, online access and services are required?

Allowing users to access the data online would be a “nice to have” optional feature but is not required.

4. Page 5 Section 2.0: The first sentence of Section 2.0 Scope states, “The CFPB requires a contractor to provide online access and a subscription to historical and current house price indices data where the Bureau can obtain data on current and historical trends for single family home prices at various geographic levels and for different transaction types and tiers.”

It appears that CFPB is asking for distinct types of data:

1) Historical house price indices

2) Current house price indices

Should contractors provide pricing for an HPI Forecast module or is CFPB only interested in Historical and Current indices?

Forecast HPI data would be an optional feature.

5. Page 6 Section 2.2: This section refers to “validation reports” Please clarify whether this requirement is referring to validation reports for historical HPI data or for HPI forecasts? If historical, please describe the type of validation reports desired or an industry standard that contractors should follow. We are unaware of any validation reports that exist for historical HPI data.

The vendor shall provide model documentation, including evidence supporting the robustness and accuracy of the models and the underlying data. Additionally, if the vendor periodically updates the model documentation, the updates shall also be provided.

6. Page 46, Section 4.1(2) and Page 52 (Local Clauses): The instructions state, “The Offeror shall also provide a detailed Transition Plan.” “CONTRACTOR TRANSITION PLANNING/IMPLEMENTATION (MARCH 2019)” requires that separate Phase-In and Phase-Out Plans be submitted.

Is this a new requirement or is there an incumbent contractor? If the latter, what company is providing these services today and what is the contract number?

The current incumbent is McDash Analytics LLC (Contract Number CFP-15- C-00026).

7. Page 46, Section 4.1(2) and Page 52 (Local Clauses): The instructions state, “The Offeror shall also provide a detailed Transition Plan.” “CONTRACTOR TRANSITION PLANNING/IMPLEMENTATION (MARCH 2019)” requires that separate Phase-In and Phase-Out Plans be submitted.

If these are new services, is a Phase-In Plan required?

This clause is removed from the solicitation.

8. Page 46, Section 4.1(2) and Page 52 (Local Clauses): The instructions state, “The Offeror shall also provide a detailed Transition Plan.” “CONTRACTOR TRANSITION PLANNING/IMPLEMENTATION (MARCH 2019)” requires that separate Phase-In and Phase-Out Plans be submitted.

We assume that offers should include a Phase-Out Plan in their proposals, regardless of whether this is a new or follow-on contract. Is this assumption correct?

This clause is removed from the solicitation.

9. Page 46, Section 4.1(2) and Page 52-53 (Local Clauses): The instructions state, “The Offeror shall also provide a detailed Transition Plan.”

“CONTRACTOR TRANSITION PLANNING/IMPLEMENTATION

(MARCH 2019)”.

• Is the current SOW the same as the SOW for this solicitation? If, not can the CFPB provide a copy of the current SOW?

Yes.

• Is the current contractor required to submit a Phase-Out Plan and cooperate with the new incoming contractor?

• Does the current contract have any key personnel?

The key personnel is the Contractor Point-of-Contact (POC).

• Is there significant work-in-progress we should take account of in our Phase-In Plan?

• What data and information must be transferred from the current contract to the new one? Please specify the format(s) of any such data.

None.

10. Page 47, Section 4(b)(2) We assume offerors should also include the completed SF1449 in the Price Proposal in addition to any signed amendments. Is this assumption correct?

Correct.

11. Page 47, Section 4(b)(8) and Page 58 (Local Clauses): This section appears to require submission of the Non-Disclosure Agreement (NDA) as part of the proposal. However, “KEY PERSONNEL (SEPTEMBER 2018)” on p. 58 specifies no key personnel.

If the NDA is required to be submitted as part of the proposal, who should sign it for the contractor?

The NDA is for informational purposes only. After contract award, signed NDA’s for all key personnel will need to be provided to the Contracting Officer’s Representative.

12. Page 47, Section 4(b)(8) and Page 69 (Local Clauses): This section appears to require submission of the Good Faith Effort Certification as part of the proposal. However, the “GOOD FAITH EFFORT CERTIFICATION (MARCH 2019)” on p. 69 states that this certification is due within 30 days of contract award.

Should the Good Faith Effort Certification be submitted as part of the proposal?

The Good Faith Effort Certification shall be included in the proposal.

13. Page 58: There are no key personnel required in “KEY PERSONNEL (SEPTEMBER 2018)” on p. 58. However, the paragraph below the key personnel table states, “The Contractor shall provide a contract manager who shall be responsible for the performance of work under this contract. The name of this person, and an alternate, shall act for the Contractor when the manager is absent, and shall be designated in writing to the Contracting Officer (CO/Contracting Officer’s Representative (COR).”

We assume the contractor will submit these names after the contract is awarded. Is this assumption correct?

The contractor shall provide all proposed Key Personnel as part of their proposal.

b) The RFP submission due date is extended as follows:

From: Offerors must submit their proposal via email to Jerry.Salinas@cfpb.gov no later than 3:00 p.m. Eastern Time on Tuesday, August 18, 2020.

mailto:Jerry.Salinas@cfpb.gov

To: Offerors must submit their proposal via email to Jerry.Salinas@cfpb.gov no later than 3:00 p.m. Eastern Time on Thursday, August 20, 2020.

Request for Proposal 9531CB20R0025

CONSUMER FINANCIAL PROTECTION BUREAU

WASHINGTON, DC 20552

Date: July 27, 2020

To: Interested Offerors

Subject: Request for Proposal (RFP) 9531CB20R0025, House Price Index Data

Subscription

Dear Contractor:

The purpose of this Request for Proposal (RFP) is to acquire a subscription for House Price Index Data for the Consumer Financial Protection Bureau (CFPB or the Bureau). In accordance with the guidelines discussed below, CFPB requests that you provide a proposal in response to this RFP.

The CFPB hereby issues a combined synopsis/solicitation for commercial items issued on SAM.gov using the policies contained in FAR Subpart 12 - Acquisition of Commercial Items to obtain a data subscription as required by the attached Statement of Work. Based upon its evaluation of proposals received in response to this RFP, the CFPB intends to issue a single contract, but reserves the right to make multiple awards or none. The CFPB will award a contract to the Offeror offering the best value in proposing to satisfy Bureau needs. The NAICs code for this procurement is 518210, Data Processing, Hosting and Related Services. Detailed instructions for preparing and submitting a proposal are contained in the RFP, along with the criteria to be used by CFPB in evaluating proposals.

Questions concerning this RFP must be received by email to Jerry.Salinas@cfpb.gov no later than 12:00 p.m. Eastern Daylight Time (EDT) on Tuesday, August 4, 2020 The CFPB reserves the right to not answer questions received after that time.

All proposals responding to this RFP must be submitted via e-mail to Jerry.Salinas@cfpb.gov by no later than 3:00 p.m. Eastern Daylight Time (EDT) Thursday, August 20, 2020.

CFPB greatly appreciates your attention to this requirement.

Sincerely, /Signed/ Jerry Salinas Contracting Officer

Request for Proposal (RFP) No. 9531CB20R0025 – House Price Index Data Subscription

TABLE OF CONTENTS

SECTION I: STATEMENT OF WORK (SOW)

SECTION II: SCHEDULE OF SERVICES AND PRICES

SECTION III: TERMS AND CONDITIONS

SECTION IV: INSTRUCTIONS TO OFFERORS AND EVALUATION

ATTACHMENT 1: CFPB LOCAL CLAUSES

SECTION ONE- STATEMENT OF WORK

CONSUMER FINANCIAL PROTECTION BUREAU

HOUSE PRICE INDEX DATA SUBSCRIPTION

1.0 BACKGROUND

The Consumer Financial Protection Bureau (CFPB or Bureau) is engaged in actively conducting research in support of the Bureau’s mission in regulation, supervision and enforcement to protect consumers. To better assist in those efforts, the Research, Market, and Regulation (RMR) Office seeks to obtain a set of house price indices that can provide richer geographic details, more comprehensive data coverage, and more frequent and timely updates of the series than what is currently available from public sources. The required data shall:

• Provide empirical resources for Congressionally-mandated analyses regarding the effect of the CFPB’s rulemakings on the markets for financial products.

• Enhance the Bureau’s ability to monitor the housing and mortgage market by identifying potential risks to consumers and identifying the localized hot spots and system risk.

• Support CFPB’s research agenda on mortgage markets and consumer behavior. For example, the data will allow the Bureau to mark the value of housing stock and mortgage loan-to-value ratio (LTV) to the current market level (mark-to-market) at appropriate corresponding geographic levels. This will in turn greatly enhance the Bureau’s research capacity for modeling mortgage borrowers’ default and prepayment behaviors.

2.0 SCOPE

The CFPB requires a contractor to provide online access and a subscription to historical and current house price indices data where the Bureau can obtain data on current and historical trends for single family home prices at various geographic levels and for different transaction types and tiers. A house price index (HPI) is a broad measurement of the price movement of certain types of residential properties. Typically, it is estimated over certain geographic areas over a historical time. It provides valuable information regarding the trend and volatility of house prices over that period. A reliable house price index can help users better understand the dynamics of housing markets, its past performance and recent market conditions. Paired with micro level housing transaction or mortgage data, it can also allow users to dynamically estimate the equity position of the homeowners. The HPI data will provide insight into the movement of house prices at various geographic levels that must be derived from reliable data sources and use a demonstrably reasonable methodology. The subscription shall provide all available (current and historical) data, methodology descriptions, and associated codebooks as they become available and according to the prescribed frequency. The subscription shall also provide access to additional data, research reports, and notes that reflect local housing market conditions that complement the HPI data provided to the Bureau and are made generally available as part of the subscription.

The contractor shall meet all requirements detailed below, which are categorized into three mandatory areas: Data Coverage, Data Quality, and Technical Support.

2.1 Data Coverage

2.1.1 Geographic Coverage Requirement. The data shall be available on at least five geographic levels: national, state, metropolitan statistical area, county, and zip code. The geographic coverage of the data shall be comprehensive and based on reliable data sources and a demonstrably sound methodology. The contactor must update the Bureau on its detailed geographic coverage and any changes when they occur.

2.1.2 Transaction Type Coverage and/or Pricing Tiers Requirement. The contractor shall provide indices over various transactional types or pricing tiers. For example, the contractor may separate indices over different price ranges/tiers or transactional types using reasonable designations. For example, distressed sales are distinct from sales at-arms-length and it is imperative that the contractor appropriately differentiate and account for the effects of distressed sales on its indices or maintain a set of separate indices for distress sales.

2.1.3 Data Frequency and Time Period. The data shall be made available from the year

1990 or earlier to the current year. Updated, current data must be available monthly.

2.2 Data Quality

The contractor shall ensure the transmission of high quality data. The contractor shall provide or make available to the Bureau its updated indices in a timely manner. The HPI data files must be in a readable format and contain uncorrupted data. The contractor shall provide the Bureau with its periodical data validation reports for the HPIs supplied.

2.3 Technical Support

The contractor shall provide technical support to answer queries within two business days after notification by the CFPB Contracting Officer Representative (COR) or designee. If data quality issues are encountered, the contractor must be available to remedy the issues and put in place an approach to avoiding future issues.

3.0 DELIVERABLES

Reference Deliverable Schedule

2.1 HPI Data Monthly

2.2 Validation Reports As Required by COR

2.2 Data Updates As Required by COR

2.3 Technical Support As Required by COR

4.0 PERIOD OF PERFORMANCE

The period of performance of this contract will be one (1) Base Period with four (4) one-year Option Periods as follows:

Term Period of Performance Base Period Date of Contract Award through 12 Months Thereafter

Option Period 1 Date of Option Exercise through 12 Months Thereafter Option Period 2 Date of Option Exercise through 12 Months Thereafter Option Period 3 Date of Option Exercise through 12 Months Thereafter Option Period 4 Date of Option Exercise through 12 Months Thereafter

SECTION TWO – SCHEDULE OF SUPPLIES, SERVICES, AND PRICES

1. PRICING

The contractor shall provide a firm fixed price for the scope defined in the SOW by filling in the Pricing Table below. The proposed total firm fixed price shall include all necessary labor, material, and other direct costs to meet the CFPB’s requirements.

PRICING TABLE

Period Item Description Price Base Period House Price Index Data Subscription $

Option Period 1 House Price Index Data Subscription $ Option Period 2 House Price Index Data Subscription $ Option Period 3 House Price Index Data Subscription $ Option Period 4 House Price Index Data Subscription $

Total Firm Fixed Price $

2. NAICS CODE AND SIZE INFORMATION

This competition is being conducted on an unrestricted, full and open basis; therefore, a NAICS Code and Size Standard have been assigned. The NAICS code assigned to this procurement is 518210 (Data Processing, Hosting, and Related Services). The corresponding small business size standard is $35 million in average annual receipts over the past three years. This means that if the average annual receipts for a prime contract offeror exceeds this amount, the offeror must certify itself as a “Large” business under this procurement.

SECTION THREE-TERMS AND CONDITIONS

1.0 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL ITEMS (MAR 2015)

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

(a) Definitions. As used in this provision--

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

“Forced or indentured child labor” means all work or service—

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

http://www.acquisition.gov/

(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.

“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.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

“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 SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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 (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

https://www.acquisition.gov/

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

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

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

and

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

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

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

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

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

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

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

(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

[List as necessary]

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

(g)

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

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

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

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

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II.

If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III.

If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

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

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

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

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

Other End Products

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

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

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

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

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

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 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 appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C.

§362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

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

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

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

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

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

(2) [_] Outside the United States.

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

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

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

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

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

(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that—

(i) The services under the contract are offered and sold regularly to non- Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial…