Armored Courier - Combined Synopsis Solicitation.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 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.

The solicitation is issued as a Request for Proposal (RFP) 2043FY-25-R-00002. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-03, effective January 17, 2025. This acquisition is being conducted as full and open competition on an unrestricted basis, and the North American Industrial Classification System (NAICS) code for this acquisition is 561613 (Armored car services).

The Government anticipates awarding a Firm Fixed Price Contract with a Base Year plus Four One-Year Option periods. A list of the contract line items, quantities and units of measure, the description of the requirement, dates and place(s) of performance are listed below. Provisions and clauses 52.212-1, 52.212-2, 52.212-3, 52.212-4 and 52.212-5 and addenda to these provisions and clauses are applicable to this acquisition and are identified in Section III below.

Sections included in this Solicitation:

SECTION I – INSTRUCTIONS TO OFFERORS

SECTION II – PERFORMANCE WORK STATEMENT

SECTION III – CLAUSES AND PROVISIONS

SECTION IV – SUBCONTRACTING

SECTION V – PRICING (CLIN STRUCTURE)

SEPARATE ATTACHMENTS

A - Field Assistance Receipt for Transport of IRS Deposit B - Treasury Assistance Center Locations C – Courier’s Additional Disclosure Statement (CADS) D - SAMPLE – Courier Deposit Access List (CDAL) E – Subcontracting Plan Outline F – Past Performance Questionnaire

SECTION I - INSTRUCTIONS TO OFFERORS

I. INTRODUCTION

The government anticipates awarding a firm fixed priced contract. The NAICS Code for this solicitation is 561613 – Armored Car Services.

II. PROPOSAL INSTRUCTIONS

Provide a proposal in accordance with the Performance Work Statement and the Attachments. Your proposal shall include a cover page which should include the following information:

Company size _____________ Employees Business size: (i.e Small, Small Disadvantaged, Women-owned, Hubzone, Veteran-owned, Large) Point of Contact (Name and Title) Company Name Company Address Telephone Number Email Address Company Website (if applicable) Taxpayer Identification Number UEI Number Place of Manufacturer for each supply item proposed (if applicable)

Questions regarding this solicitation shall be received by electronic format and emailed to Najib Abrahimkhail at najibullah.abrahimkhail@irs.gov, NO LATER THAN February 24, 2025, at 1:00 pm (Eastern). Please provide with your questions a reference to the section of the solicitation in question. Subject line shall read: Solicitation Questions

RFP 2043FY-25-R-00002.

Proposals are to be submitted no later than 5:00 PM (Eastern) on February 28, 2025. Your proposal must be submitted electronically to Najib Abrahimkhail via email at najibullah.abrahimkhail@irs.gov and Courtney Alston via email courtney.k.alston@irs.gov.

The proposal submitted shall include the following volumes:

Volume I - Technical Approach Volume II - Past Performance Volume III - Pricing

All written material submitted for the technical factor shall be no longer than 15 pages (single sided). All written material shall be submitted in 10 point Times New Roman Font, single spaced, and shall have 1’’ margins left and right. Past performance references shall be submitted on the attached Past Performance Questionnaire (See Attachment F). Past performance questionnaires do not count in the page count.

III. EVALUATION FACTORS

Factor 1: Technical approach

The proposal shall describe the offeror’s understanding of the requirements as described in the PWS.

a) Ability to meet tasks outlined in the PWS.

b) Geographical area(s) covered/number of serviceable locations.

d) The ability to pick-up cash deposits from the TACs before close of business day and to comply with same day deposit requirement;

e) Security of services provided.

f) Proper bonding/licensing/insurance.

g) Experience

Confidence Ratings for Factor 1

High Confidence: The Government has high confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence: The Government has some confidence that the Offeror understands the requirement, proposes a sound approach and will be successful in performing the contract with some Government intervention.

Low Confidence: The Government has low confidence that the Offeror understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention

Factor 2: Past Performance

The Government will evaluate Offerors’ relevant past performance managing contracts similar in size, scope, and complexity to that contemplated by the solicitation. Past performance is relevant when an Offeror has been confronted with the kinds of challenges and risks contemplated by the solicitation. For the past performance to be considered relevant, it must have been performed within the past three (3) years. The more similar an Offeror’s past performance is to the solicitation requirements, in terms of size, scope, and complexity, the more relevant it will be considered. Offerors shall submit no less than three (3) relevant examples of past performance that relates to the services requested in the PWS. (See Past Performance Questionnaire – Attachment F) mailto:Najib%20Abrahimkhail%20at%20najibullah.abrahimkhail@irs.gov, mailto:at%20najibullah.abrahimkhail@irs.gov

Evaluation of past performance will be based upon the completed questionnaires obtained from the references identified by the Offerors and/or the past performance information contained in the Contractor Performance Assessment Reporting Systems (CPARS).

The Government can consider information about Offerors’ past performance information from any source and is not restricted to information obtained from the past performance questionnaires, references, or the past performance database.

Confidence Ratings for Factor 2

High Confidence: The Government has high confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence: The Government has some confidence that the Offeror understands the requirement, proposes a sound approach and will be successful in performing the contract with some Government intervention.

Low Confidence: The Government has low confidence that the Offeror understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention

Neutral: A “Neutral” rating indicates an Offeror without a record of past performance or for whom information on relevant past performance is not available this rating is neither a favorable nor unfavorable assessment.

Factor 3: Price

The offeror shall submit their price based on the CLINs listed in the CLIN Structure in Attachment Section IV. For purpose of evaluation, the evaluated total price shall include the base period, all option periods, to include the option under FAR 52.217-8.

Cost/Price will be evaluated, but will not be assigned a rating, or scored. The Government will evaluate proposed cost/prices to determine if the cost/prices are fair and reasonable, reflect a clear understanding of the requirements, and are consistent with the Offeror’s technical proposal.

The cost/price evaluation may also include an evaluation of the Offeror’s price for the purpose of assessing the risk inherent in the Offeror’s approach. Proposals may result in a determination of unacceptability or lower evaluation, if they are (1) unrealistic in terms of either technical or cost/price; (2) indicative of failure to comprehend the complexity and risk associated with the solicitation requirements; (3) reflective of a lack of competence; or (4) indicate an inherent performance or cost risk weakness in the approach.

The contracting officer will evaluate prices using the policies and methods in FAR 15.4.

SECTION II - PERFORMANCE WORK STATEMENT

Secure Courier Services

1.0 Background

The Internal Revenue Service (“IRS”, “Government”, or “Agency”) is seeking a vendor to provide armored professional Secure Courier Services for Taxpayer Assistance Centers (TACs) locations nationwide. The IRS has 100 IRS TACs located throughout the United States whose purpose is to purchase armored professional courier services and deliver cash remittances.

2.0 Objective

The goal of this procurement is to establish a safe and uniform process for delivering cash from IRS TACs to a Treasury General Account (TGA) cash vault. The use of secure courier services will enable the funds to be safely transferred and accounted for. The contractor shall provide services to all centers nationwide across the country.

3.0 Scope

The Contractor shall provide all personnel, supervision, transportation (secure vehicles), and labor (armed professional guards / drivers) necessary to perform the driving, scheduled pick - ups, and safe delivery of cash from the TAC locations to the specified local area TGA bank locations. All deposits for pickup by the Courier will be provided by TAC personnel or the courier will be escorted by TAC personnel to a designated point for deposit transfer. The Contractor shall also provide SCS for special pickups (if applicable). The special pickups shall not be stored in the TAC overnight or over the weekend.

The Contractor shall be able to provide both scheduled pick – up services and ad hoc – type special pick – ups. Qualified subcontractors / teaming arrangements are permissible if needed to cover all the TAC locations identified in Attachment A. There are currently 89 TACs that can accept cash. Currently there are 20 TAC offices that require daily service but the number changes due to the taxpayers need. The maximum number of TACs that would require daily service would not exceed 54. The remaining offices could require a special pick-up. This is done by request and the Agency would provide a written request via email with a minimum of 48 hours notice.

4.0 Contractor Responsibilities

All contracted employees of Contractor who will be providing service for Center must understand and adhere to the following language: As an independent contractor, (courier contractor name), I fully understand that much of the information that is provided to (courier contractor name) and its employees is privileged and administratively restricted under the provisions of the Privacy Act of 1974 and the Internal Revenue Code (IRC) Sections 6103, 7213 and 7431. The Privacy Act, the Safeguards, and the Criminal/Civil Sanctions paragraphs specify (courier contractor name) responsible and liable regarding disclosure of this information. At the expiration of (courier contractor name) contract with the Center, (Courier contractor name) is required to return all documents in its possession to the Center by 4:00 PM the next business day.

All personnel, supervision, transportation (secure vehicles), and labor armed professional guards/drivers) necessary to perform the driving, pick-up, and delivery of cash from and to the specified locations. All personnel shall have the skills, knowledge, and training to satisfactorily perform the services required. Contractor will be responsible for training, providing uniforms, equipping, supervising, and discharging employees.

4.1. Proposed route structure and estimated times of arrival for each scheduled location.

4.2. Proposed approach for verifying and recording deposits.

4.3. Names and phone numbers of personnel to be contacted for cancellations and in emergencies, as well as for information.

4.4. Identification procedure for Contractor’s employees; a listing of all employees assigned to the requirement and their certifications for carrying firearms.

4.5. Disaster Contingency Plan (“Plan”). The Plan must address what alternative actions Contractor will implement to fulfill its obligation in the event of employee strikes, inclement weather, natural disaster, traffic accident and unforeseen events.

The IRS POC will approve/reject the Plan within 15 calendar days of submission. If not approved, the IRS POC will notify the Contractor as to the areas of the Plan that are unacceptable. Changes and resolution shall be achieved through mutual agreement between IRS and Contractor. Disaster Contingency Plan, to include alternative actions in cases of inclement weather, natural disaster, traffic accidents, employee strikes, or other unforeseen events.

4.6. The secure courier service will pick up cash receipts and the deposit form 10160 A – (See Attachment B) at the TAC by close of business. The shipments will be picked up from (TAC Addresses – See Attachment B)

4.7. Pickup of cash in a concealed and locked bag from TACs and delivery of bags to TGA banks/cash vaults.

4.8. Provide secured courier service for special pickups (if applicable). The special pickups shall not be stored in the TAC overnight or over the weekend.

4.9. Delivery will be to a TGA bank/cash vaults in sufficient time to allow for same day credit. Listing of vaults will be made available to awardee.

4.10. Form 10160-A will accompany all courier pickup bags. The courier will have the form signed and dated at the cash vault at the time of deposit. Return of the signed Form 10160 - A to the IRS the next business day.

4.11. Contractor shall allow the IRS the flexibility to change the frequency (See Attachment A) of pick-ups as needed without additional costs.

4.10. The IRS shall have the flexibility to allow other Business Units within the Agency to utilize the armored professional courier service for cash pickup deposits as needed up to five (5) times a year.

4.11. The Courier Services must provide proof of bonding, licensing, and insurance for employees designated to transport Internal

Revenue Service deposits and/or requiring access to Internal Revenue Service sites.

4.12. Satisfy the requirements for a Low-Risk Investigation as conducted by IRS personnel. The investigation shall include, but not limited to, a FBI fingerprint and name check, as defined 10.23.2. A copy of this IRM is available upon request.

4.13. Must be a U.S. citizen or have lawful permanent resident status, and (ii) fluent in the English language.

4.14. Have the necessary certification for carrying firearms throughout the period of performance. (Certifications to carry firearms for all designated couriers shall be provided to the IRS Point Of Contact (POC) within five (5) days of receipt of award.)

4.15. Have the necessary certification for guard licenses throughout the period of performance. (Certifications for all designated couriers shall be provided to the IRS POC within five (5) days of receipt of award.)

4.16. If immediate family members are employed as Couriers for the same Service, these employees must complete the Courier’s

Additional Disclosure Statement (CADS)

4.17. Ensure CADS be completed by each courier employee on Courier Deposit Access List (CDAL) [See Attachment D].

CADS shall include:

o Name(s) and relationship(s) of all family members (regardless of residence) who perform courier duties. If no other family members perform courier duties, write "NONE" in large letters in the space where family member's name(s) are to be shown on the CDAL. The Government has broad authority to interpret the scope of "immediate family" in this context. Generally, immediate family members refer to parent, spouse, child, stepchild, foster child, stepparent, half siblings, siblings, and foster parent. However, when couriers who are related, the definition of "immediate family" may be broadened and prohibitions extended to include others (e.g., grandchildren, sons-in-law, daughters-in-law, first cousins, and other second-generation family members) o Printed or typed name of the Courier.

o Signature of the Courier.

o Signature and date of Contractor’s authoring official.

o CADS shall be updated annually from date of receipt of contract or when a change of status occurs.

4.18. Develop a Quality Assurance Plan.

4.19. Provide IRS POC and Center with the CDAL. (Updated CADS shall be attached to CDAL.) CDAL shall be on Contractor's official letterhead signed and dated showing the following information of Couriers designated to transport Internal Revenue Service deposits:

o Employee's Typed Name o Employee's Title o Employee's Signature o Employee's Social Security Number o Employee's Photograph (in color)

4.20. Ensure the CDAL and the CADS are current by notifying the IRS POC within 24 hours, by email: TBD o When a Courier who appears on the CDAL has been discharged from his/her duties.

o When a new Courier has been hired to provide the Services specified herein with the same information as required for the

CDAL.

o When a Courier has experienced a change that will affect their relationship status. (The CADS must also be updated.

4.21. Provide each Courier with a printed and laminated identification card containing the following information that is consistent with the CDAL information provided to the agency:

o Employee's Typed Name o Employee's Title o Employee's Signature o Employee's Photograph o Company Name

4.22. Ensure that all Couriers display (on their person) a picture identification card that clearly identifies them as authorized messengers for Contractor.

4.23. Wear company logo uniforms.

4.24. Provide IRS POC and Center with:

o Two (2) contacts (a primary and alternate) with all forms of contact information. Contacts must be reachable within all domestic time zones.

o 24-hour emergency contact information (name, telephone#, mobile #) available during Contractor’s non-business hours.

o Contractor must notify the IRS POC within 24 hours of any change in contact persons and/or telephone numbers.

4.25. Ensure on a continuous basis that:

o Two Couriers who appear on the CDAL are provided for each deposit pickup from the Center and delivery to the

Depository.

o Designated Couriers are not related by checking their names against the CADS.

o The vehicle being used to transport deposits always be locked and secured whenever IRS data is contained within the vehicle until it reaches its destination. All IRS deposits must be transported within the locked area of a vehicle (such as the cab or trunk). "Locked area" does NOT include any container of any sort in the bed (back) portion of a pickup truck or any open bedded vehicle (with or without a camper shell) whether or not such shell or container is locked or otherwise secured.

o The vehicle always be under the supervision of one of the Couriers and never left unattended.

4.26. Ensure that vehicles provided for the purposes of satisfying the conditions specified herein meet the following requirements:

o The vehicles are armored, maintained in good condition, appearance and working order.

o The vehicles must be state-registered and meet the minimum safety standards of the licensing state.

o The vehicles must be steel framed, and doors must be able to be secured from both inside and outside.

o The area of the vehicle in which the agency packages and/or containers are placed is clean, debris-free and without containers, materials such as canvas or plastic used to cover or protect articles, or other items.

4.27. Procure and maintain during the entire period of performance under this Contact to cover the costs to reconstruct a lost, stolen or destroyed deposit, the following required insurance coverage payable to the Internal Revenue Service:

o Comprehensive General Liability: $500,000 per occurrence.

o Automobile Liability with the following amounts: $200,000 per person $500,000 per occurrence $20,000 per occurrence for Property damage.

o Workmen's Compensation: As required by Federal and State worker's compensation and occupational disease statutes.

o Employer's Liability coverage: $100,000, except in states where worker's compensation may not be written by private carriers.

o Other as required by State Law.

The Certificate of Insurance shall provide for at least thirty days written notice to the IRS CO by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned insurance clause.

4.28. Provide to the IRS POC a Disaster Contingency Plan (Plan). The Plan must address what alternative actions the Contractor will implement to fulfill its obligation in the event of employee strikes, inclement weather, natural disaster, traffic accident and unforeseen events. The IRS POC will approve/reject the Plan within 15 calendar days of submission. If not approved, the IRS POC will notify the Contractor as to the areas of the Plan that are unacceptable. Changes and resolution shall be achieved through mutual agreement between IRS and Contractor.

4.29. Provide professional customer service (i.e. being able to address concerns, issues, and other administrative functions in a timely and professional manner). “Timely” for purposes of this contract means no later than close of next business day.) The IRS Point of Contact shall be able to contact the Contractor at any time, when contract work is in progress, to provide notices, reports, or requests from the Contracting Officer or his/her representative.

At the minimum, the following Point of Contacts (POC) needs to be provided:

a) POC to schedule requests and reply to questions regarding service.

b) Billing Personnel responsible for submitting invoices detailing monthly charges.

c) Senior POC to address any issues that may be elevated for resolve.

4.30. Ensure the work be carried out in such a manner that there will be no interference with the proper execution of Government business. All persons employed in contract work shall, while on the premises, comply with all building regulations.

5.0 Contractor Performance Requirements

The Contractor shall report to the Government's designated site representative upon arrival at any location. They will sign in to the offices logbook when they arrive, pick up the deposit bag, if available, and sign out when they leave.

5.1 Deliverables

Deliverables include:

• Provide proof of bonding, licensing, and insurance prior to beginning work.

• Provide CADS if applicable prior to beginning work.

• Quality Assurance Plan is to be provided five (5) days after the kick-off meeting.

• Usage Reports: The Contractor shall provide to the COR or make available monthly usage reports on the 30th of each month. These reports must be in Microsoft Word or “pdf” format and must include an itemized listing of each daily occurrence. The report must also include:

o The number of transactions completed since the last report. The first report will only identify the number of transactions since the machine’s inception.

o The number of transactions initiated but not completed. The report must identify the reason for the machine’s failure to complete these transactions. For example, the machine failed to complete five transactions due to a) power failure, b) transaction cancelled by user, and/or c) lack of: money, or receipt paper.

o The number of transactions completed to date.

6.0 Quality Assurance Surveillance Plan

Contractor shall establish and deliver electronically a Quality Assurance Plan (QAP) to the COR and Contracting Officer no later than two (2) weeks after contract award. Contractor’s QAP shall be a written plan that ensures the Smart Safes service will be provided to the IRS as specified and set forth procedures and responsibilities for controlling, maintaining, and providing high quality work to the IRS. This plan shall include, but not limited to the following:

• An Inspection Program covering all of the services stated in this PWS. It must specify the areas to be inspected on a scheduled or unscheduled basis and the names, titles and qualifications of the individuals performing inspections and the extent of their authority. Their functional roles shall be depicted in an organizational chart.

• Methods of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable and the corrective actions needed to be taken; procedures for notifying the COR when deficiencies are encountered; and descriptions of proposed sampling techniques.

• Methods of documenting and enforcing quality control operations of both the Contractor’s and Subcontractors’ (if any) work, including inspection and testing;

• Copy of format of Contractor’s Quality Control Reports.

• File of all Quality Control Inspections, inspection results and any corrective action required and/or performed during the life of this contract. This file shall become the property of the IRS and shall be made available to the COR and CO upon request. The file shall be provided to both parties within ten (10) days after completion or termination of the contract.

The COR will accept/reject Contractor’s submitted (QAP) after review. Contractor may be required to make revisions.

6.1 Period of Performance

The period of performance will consist of one Base Year and four (4) one-year Option Years.

Base Year: March 4, 2025 – March 3, 2026 Option Year I: March 4, 2026 – March 3, 2027 Option Year II: March 4, 2027 – March 3, 2028 Option Year III March 4, 2028 – March 3, 2029 Option Year IV: March 4, 2029 – March 3, 2030

6.2 Place of Performance

Pickup and delivery will occur in accordance with the attachment A. The IRS will provide the courier with a list of authorized personnel to call if a pickup must be rescheduled.

6.3 Hours of Operation

Unless specifically authorized in writing by the Contracting Officer, no services will be provided, and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays or Executive Order (mandated by Congress or the President of the United States) listed below:

New Year’s Day Labor Day Martin Luther King Day Columbus Day Presidents’ Day Veterans’ Day Juneteenth Memorial Day Thanksgiving Day Christmas Day Independence Day

6.4 Signature Requirement

Each TAC will maintain and have the courier sign a log indicating the date, time in, time out and the dollar amount of the deposit(s) to indicate receipt of the deposit pickup. If there is no deposit the courier shall still be required to sign in and sign out. The vendor shall furnish the courier log for each TAC. The IRS will provide the courier with a list of authorized personnel to call if pickup must be rescheduled. (To be provided upon Award) The contractor shall ensure the Form 10160-A is signed by the bank vault attendant and shall report to the IRS any banks that do not comply with this requirement.

6.5 Lateness and No Show

Contractor shall notify the Center and Bank when a pick-up or delivery will be late due to unforeseen events, such as vehicle breakdown, accident or traffic. The notification must state the cause of delay and delivery status.

6.6 Accident/Theft/Destruction

Courier(s) must notify the Center within one (1) hour of an accident, or the theft, loss, or destruction of government property being transported. To ensure this notification can be made promptly, courier vehicles shall contain appropriate Center contact names/phone numbers.

6.7 Performance Matrix Requirements

The Government will measure Contractor’s performance under this contract using the “Performance Requirements Matrix below.

The contractor’s requirements are summarized into Performance Objectives that relate directly to mission essential items. The Performance Standards (PS) indicates the ultimate desired outcome for each performance objective. The Acceptable Quality Level (AQL) indicates the maximum allowable variance from the performance standard before the Government imposes a penalty (see below herein, “Performance Requirements Matrix). The Government will use the “Surveillance Method” shown below to determine if contractor has met the Performance Standard.

REQUIRED

SERVICE

(Performance Requirements)

STANDARD

(Performance Standards)

MAXIMUM

ALLOWABLE

DEGREEE OF

DEVIATION

REQUIREMENT

(AQL)

METHOD OF

SURVEILLAN

CE

(Quality Assurance)

PERCENTAGE

REDUCTION

IF EXCEED

AQL

Daily pick up at TAC No show 0 – No deviation allowable

TAC Monitoring 100% of Average Daily

Rate (Average Daily rate will be calculated based on the monthly rate divided by 21 days)

Deliver deposit and Form 10160- A to bank vault

Same day delivery of deposit and documenting Form 10160-A

0 – No deviation allowable

Daily review of returned Form 10160- A

50% of Average Daily Rate (Average Daily rate will be calculated based on the monthly rate divided by 21 days)

Return Form 10160-A to IRS

Next business day

0 – No deviation allowable

IRS Records 50% of Average Daily Rate (Average Daily rate will be calculated based on the monthly rate divided by 21 days)

Special Pick-Ups No show 0 – No deviation allowable

IRS Records 50% of Special Pick- Up Rate

SECTION III - CONTRACT TERMS AND CONDITIONS

Clauses Incorporated by Reference:

52.202-1 Definitions. (Jun 2020)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

52.203-7 Anti-Kickback Procedures. (Jun 2020)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (Nov 2023)

52.204-7 System for Award Management. (Nov 2024)

52.204-9 Personal Identity Verification of Contractor Personnel Rights. (JAN 2011)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.212-1 Instructions to Offerors - Commercial Items. (Sep 2023)

52.212-4 Contract Terms and Conditions - Commercial Items. (Nov 2023)

52.219-1 Small Business Program Representations (Feb 2024)

52.219-8 Utilization of Small Business Concerns (Jan 2025)

52.219-9 Small Business Subcontracting Plan (Jan 2025)

52.223-10 Waste Reduction Program. (May 2024)

52.224-2 Privacy Act. (APR 1984)

52.228-5 Insurance-Work on a Government Installation (JAN 1997)

52.232-1 Payments. (APR 1984)

52.232-18 Availability of Funds. (APR 1984)

52.232-25 Prompt Payment. (JAN 2017)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Mar 2023)

52.233-1 Disputes. (MAY 2014)

52.233-2 Service of Protest. (SEPT 2006)

52.233-3 Protest after Award. (AUG 1996)

52.243-1 Changes-Fixed Price- Alternate (AUG 1987)

52.244-6 Subcontracts for Commercial Items. (JAN 2025)

Clauses Incorporated by Full Text:

52.203-2 Certificate of Independent Price Determination (APR 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or (2)

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015)

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

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

(c) Representation. The Offeror represents that-

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

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

(End of provision)

52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) 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.

(iii) 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.

(iv) 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).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

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

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility.

Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision) https://www.acquisition.gov/far/52.209-7#FAR_52_209_7 https://www.acquisition.gov/far/9.104-5#FAR_9_104_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section362&num=0&edition=prelim

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

(a) Definitions. As used in this clause-

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).

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.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is ___ is not ___ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-2 Evaluation - Commercial Items. (Nov 2021)

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

Factor 1: Technical approach Subfactors:

a) Ability to meet tasks outlined in the PWS;

b) Geographical area(s) covered/number of serviceable locations.

c) The ability to pick-up cash deposits from the TACs before close of business day and to comply with same day deposit requirement.

d) Security of services provided.

e) Proper bonding/licensing/insurance.

f) Experience

Factor 2: Past Performance

Factor 3: Price

Technical and past performance, when combined, are significantly more important than cost or price.

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

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

(End of clause)

52.212-3 Offeror Representations and Certifications-Commercial Items. (May 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except— https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(4) Consist of providing goods or services to an internationally…