Combined_Synopsis_ _Solicitation_AG-3604-S-16-0020.pdf

PO NO: AG-3604-S-16-0020

UNIT: Grey Towers – Milford, PA PROJ NAME: HVAC Maintenance

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; proposals are being requested and a written solicitation will not be issued.

a. The solicitation number is AG-3604-S-16-0020. The solicitation is issued as a request for quotation (RFQ).

b. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88, effective 16 May 2016.

c. This requirement is a small-business set-aside. The NAICS code for this acquisition is 238220 (Plumbing, Heating, and Air-Conditioning Contractors) with a small business size standard of $15.0 million.

d. Contractors are required to be registered in the System for Award Management (SAM) per FAR 52.204-7, System for Award Management– See Attachment A. Registration in this website is FREE. Please begin the procedures to become registered BEFORE award to ensure the award is not delayed.

e. Contractors are required to be registered in the Invoice Processing Platform (IPP) per the U.S. Department of Treasury.

f. Please submit quote any time before Monday, June 27, 2016 by 11:00 AM EST. Quotes shall be submitted by e-mail to Briana Chalmers, Contract Specialist, at bcchalmers@fs.fed.us.

SCHEDULE OF ITEMS

Note: Option Years shall include all escalation of costs for equipment, materials and incidentals, except for labor costs in accordance with FAR Clause 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts).

19. 20. 21. 22. 23. 24.

ITEM

NO. SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

BASE PERIOD - 2016

001 Filters & Belts on 17 AHU

Units 2 BIANNUAL

JOB $ $

002 Chiller Start-up 1 ANNUAL

JOB

003 Chiller Shut-down 1 ANNUAL

004 Boiler/Furnace Start-up 1 ANNUAL

005 Boiler/Furnace Shut-down 1 ANNUAL http://farsite.hill.af.mil/reghtml/Regs/FAR2AFMCFARS/FARDFARS/FAR/12.htm?zoom_highlight=combined+synopsis#P296_49373 mailto:bcchalmers@fs.fed.us

PROJ NAME: HVAC Maintenance

Preventative Maintenance – Base Period

TOTAL $

006 Nonemergency Service Call 12 HR $ $ 007 Emergency Service Call 12 HR $ $

BASE PERIOD

TOTAL $

OPTION PERIOD I - 2017

008 Filters & Belts on 17 AHU

Units 2 BIANNUAL

JOB $ $

009 Chiller Start-up 1 ANNUAL

010 Chiller Shut-down 1 ANNUAL

011 Boiler/Furnace Start-up 1 ANNUAL

012 Boiler/Furnace Shut-down 1 ANNUAL

Maintenance – Option Period I

TOTAL $

013 Nonemergency Service Call 12 HR $ $ 014 Emergency Service Call 12 HR $ $

OPTION PERIOD

1 TOTAL $

OPTION PERIOD 2 - 2018

015 Filters & Belts on 17 AHU

Units 2 BIANNUAL

JOB $ $

016 Chiller Start-up 1 ANNUAL

017 Chiller Shut-down 1 ANNUAL

018 Boiler/Furnace Start-up 1 ANNUAL

019 Boiler/Furnace Shut-down 1 ANNUAL

Maintenance – Option Period 2

TOTAL $_______

020 Nonemergency Service Call 12 HR $ $ 021 Emergency Service Call 12 HR $ $

OPTION PERIOD

2 TOTAL $

OPTION PERIOD 3 - 2019

022 Filters & Belts on 17 AHU

Units 2 BIANNUAL

JOB $ $

023 Chiller Start-up 1 ANNUAL

024 Chiller Shut-down 1 ANNUAL

025 Boiler/Furnace Start-up 1 ANNUAL

026 Boiler/Furnace Shut-down 1 ANNUAL

Maintenance – Option Period 3

TOTAL $

027 Nonemergency Service Call 12 HR $ $ 028 Emergency Service Call 12 HR $ $

OPTION PERIOD

3 TOTAL $

OPTION PERIOD 4 - 2020

029 Filters & Belts on 17 AHU

Units 2 BIANNUAL

JOB $ $

030 Chiller Start-up 1 ANNUAL

031 Chiller Shut-down 1 ANNUAL

032 Boiler/Furnace Start-up 1 ANNUAL

033 Boiler/Furnace Shut-down 1 ANNUAL

Maintenance – Option Period 4

TOTAL $

034 Nonemergency Service Call 12 HR $ $ 035 Emergency Service Call 12 HR $ $

OPTION PERIOD

4 TOTAL $

GRAND TOTAL $

GENERAL SPECIFICATIONS

SCOPE

The purpose of this project is to provide preventative maintenance to the HVAC systems for the Mansion and outbuildings at Grey Towers National Historic Site. All preventive maintenance work should follow tasks and frequencies as outlined in the technical specifications and priced using schedule of items. All materials needed for the preventive maintenance (filters, belts etc.)

will be provided by contractor. As part of this contract any service work for equipment breakdowns should also be included. Cost for service breakdowns will be time and materials and should be broken down into emergency and non-emergency service and quoted on a per hour basis. Emergency breakdowns should be responded to within 4 hours. This contract is for base year and 4 optional years. All work should be done following manufacturer and industry standards for material quality and installation and maintenance.

All necessary materials, equipment, labor, transportation, and supervision required for completion of this work shall be supplied by the contractor. A safety area will be set up around the work area to protect Grey Towers Employees and the public from entering that work area.

All work will be coordinated with the Government. The Contractor may not use Government-furnished refuse disposal facilities for materials generated as a result of this project.

All OSHA regulations will be followed.

LOCATION & DESCRIPTION

Grey Towers National Historic Site, 151 Grey Towers Drive, Milford, PA 18337

Grey Towers National Historic Site is owned and administered by the U.S. Department of Agriculture, Forest Service. It is located on Old Owego Turnpike, accessed from the intersection of West Harford and 9th Street in Milford, PA.

Grey Towers served as the home of Gifford Pinchot, first Chief of the Forest Service, and later a two-term Governor of Pennsylvania. It is a regional tourist attraction and conference center, attracting 15,000-20,000 visitors per year. Grey Towers occupies an area of approximately 102 acres overlooking the town of Milford. The principal building on the estate is the Grey Towers Mansion, dating from 1886.

PROJ NAME: HVAC Maintenance

WORK HOURS

All work performed on-site shall take place during normal business hours, Monday through Friday, 7:00 AM to 5:00 PM, Specific start times to be addressed prior to any work being performed.

POINT OF CONTACT

John LoDolce, Exhibit Specialist 570-296-6061 (work) jlodolce@fs.fed.us

PERIOD OF PERFORMANCE

The period of performance of this contract is from approximately 1 July 2016 to 31 December 2016 for the base period. The four (4) option periods, if exercised, are as follows:

OPTION PERIOD 1: 1 January 2017 to 31 December 2017 OPTION PERIOD 2: 1 January 2018 to 31 December 2018 OPTION PERIOD 3: 1 January 2019 to 31 December 2019 OPTION PERIOD 4: 1 January 2020 to 31 December 2020

The period of performance of this contract, including the base period and four (4) option periods, if exercised, will be approximately July 1, 2016 to December 31, 2020.

TECHNICAL SPECIFICATIONS

See attached technical specifications

FREQUENCY SCHEDULE FOR MAINTENANCE

APR MAY JUN JUL AUG SEP OCT NOV

Filters & Belts on 17 AHU Units 1 1

Chiller Start-Up 1

Chiller Shut-down 1

Boiler/Furnace Start-up 1

Boiler Shut-down 1

1) Filters and Belts on 17 AHU units every 6 mos (April) mailto:jlodolce@fs.fed.us

PROJ NAME: HVAC Maintenance

1 - Bathroom exhaust fan = belt 1 x per year 11 - AHU 1 through 13 = filter & belt 2x per year 6 - Cabinet Unit ventilators = filters & clean 2x per year

2) Filters and Belts on 17 AHU units every 6 mos (October) 11 - AHU 1 through 13 = filter & belt 2x per year 6 - Cabinet Unit ventilators = filters & clean 2x per year

3) Chiller Start up (May) 1 Chiller start-up Chiller circulating pump #1 Chiller circulating pump #2 Bait Box A/C Maintenance Building A/C Curator A/C

4) 1 Chiller shut-down (November) Chiller Shut down

5) Boiler/ Furnace start up and maintenance (October) 1 & 2 Boiler start-up Heat circulating pump #1 Heat circulating pump #2 Bait Box furnace Gate House boiler Farm House boiler Pavilion furnace Letter Box furnace Maintenance Building boiler Curator furnace

6) Boiler shut down (May) 1 & 2 Boiler shut-down

Perform normal maintenance on the above specified equipment. Supply necessary material to perform specified maintenance.

PROJ NAME: HVAC Maintenance

EXECUTION

Contractor shall notify COR before arriving to confirm what work will done on that day. All work being done should minimize the disruption of the interpretive programs and any other on site activities.

GOVERNMENT FURNISHED PROPERTY

N/A

EQUIPMENT & MATERIALS

Equipment, materials, and personnel will be the responsibility of the Contractor and shall be consistent with good utilization depending on the amount of work and type of treatment ordered. All materials, methods of application, and rates of application required to perform service requested shall be provided to the COR prior to beginning work. The Contractor will keep necessary equipment and manpower at the site during the work day and continue with performance of the work until it is completed to the satisfaction of COR.

SUPERVISION

The Contractor shall designate one supervisor for satisfactory supervision on the contract work.

The Contractor or his/her on-site representative shall be available at all times when the contract work is in progress to receive notices, reports, or requests from the (COR) or his/her representative. It is the policy of the USDA Forest Service that Government direction or supervision of Contractor’s employees, directly or indirectly, shall not be exercised.

SAFETY

Contractor shall adhere to all applicable safety standards and should exercise caution in the performance of their duties. Contractor will ensure that personnel working on Government property are aware of job hazards and take measures to mitigate them. The Forest Service takes safety very seriously. No work will be performed in an unsafe manner.

The contractor shall comply with all OSHA standards for employee safety. It is the contractor’s responsibility to ensure employees are properly trained and equipped for potential hazards.

Report to the COR, or his designated representative, any safety problem that may arise beyond the scope of this contract.

Contractor will inform COR prior to any work being done that will produce loud noise, dust, fumes, vapors, vibrations, or otherwise disrupt building occupants.

PROJ NAME: HVAC Maintenance

Contractor must provide Safety Data Sheets (SDSs) for any chemicals used on the premises.

REMOVAL OF DEBRIS

The Contractor will promptly remove from the premises and dispose of all debris.

SUPPLEMENTAL INSTRUCTION

Although the performance of all work requirements is under the responsibility and management of the Contractor, the Government reserves the right to review and approve all work.

The Contractor is required to discuss with the COR the scheduling of daily work requirements.

Work shall not be considered completed until the Contractor has removed from the premises all debris.

Security: A Forest Service representative will be on premises at all times during work performance, and may check work quality and contractor safety procedures.

Facilities/Utilities: The Contractor may use the Government sanitary facilities during the time of service being provided. Government Furnished Utilities: Contractor may use the facility electrical power as approved by the COR, for work within the scope of this contract. Contractor shall exercise measures to conserve energy. Contractor may use facility water for work required in this contract. Contractor shall exercise measures to conserve water. The use of Government telephones, copier machines, fax machines, and computers is not authorized for any purpose.

Contact COR on days of severe weather to verify facility operation.

DAMAGE TO CONTRACTOR’S PROPERTY

The Government will not be responsible in any way for damage to the Contractor’s equipment kept in or near the building or the Contractor’s employees’ personal belongings brought onto the Government premises.

CONDUCT OF WORKERS

The personnel employed by the Contractor shall be capable employees qualified in this type of work. As stated elsewhere, the Contractor shall be responsible for, among other things, all damage to the government property resulting from the operations. Damage to the building or its equipment by the activities of his/her employees will fall into this category.

PROJ NAME: HVAC Maintenance

SUSTAINABLE ACQUISTION MATERIALS

The Contractor must comply with Section 9002 of the Food, Conservation and Energy Act of 2008; Section 9002 of the Farm Security and Rural Investment Act of 2002; Executive Order 13514, “Federal Leadership in Environment, Energy, and Economic Performance,” Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management;” Presidential Memorandum, “Driving innovation and Creating Jobs in Rural America through Bio-based and Sustainable Product Procurement;” and the Federal Acquisition Regulation to provide bio-based products.

The Contractor shall utilize products and material made from bio-based materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representation (COR). It is desirable that vendors be able to supply the greatest number of bio-based products listed meeting the health and environmental specifications.

Bio-based products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum bio-based content as stated at www.biopreferred.gov . Contractors shall provide data for their bio-based products such as bio-based content, as well as their dollar value used in the performance of their contract by the end of the Fiscal Year (September 31st). The website for bio-based reporting is http://www.sam.gov and the requirement pertains to all contracts containing FAR clause 52.223-2 “Affirmative Procurement of Bio-based Products Under Service and Construction Contracts”.

FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL

ITEMS (APR 2016)

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 (r) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women http://www.biopreferred.gov/ http://www.sam.gov/ http://farsite.hill.af.mil/reghtml/Regs/FAR2AFMCFARS/FARDFARS/FAR/52_000.htm#P1562_217691 http://www.acquisition.gov/

PROJ NAME: HVAC Maintenance who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is 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.

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

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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

PROJ NAME: HVAC Maintenance 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 (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract 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.

https://www.acquisition.gov/

(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.

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:

PROJ NAME: HVAC Maintenance

[List as necessary]

(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 $3,500 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 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

PROJ NAME: HVAC Maintenance 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 quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

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

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C.

7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(3) Taxpayer Identification Number (TIN).

[_] TIN:_____________________.

[_] TIN has been applied for.

[_] TIN is not required because:

[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[_] Offeror is an agency or instrumentality of a foreign government;

[_] Offeror is an agency or instrumentality of the Federal Government;

(4) Type of organization.

[_] Sole proprietorship;

[_] Partnership;

[_] Corporate entity (not tax-exempt);

[_] Corporate entity (tax-exempt);

[_] Government entity (Federal, State, or local);

[_] Foreign government;

[_] International organization per 26 CFR 1.6049-4;

[_] Other ____________________.

(5) Common parent.

[_] Offeror is not owned or controlled by a common parent:

[_] Name and TIN of common parent:

Name ____________________________________

TIN ______________________________________

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations—

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

(2) Representation. The offeror represents that—

(i) It [ ] is, [ ] is not an inverted domestic corporation; and

(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

(1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person owned or…