Combined Synopsis Solicitation for Qualifications.pdf

Issue Date: 13 March, 2020 Questions Due: 20 March, 2020 4:00 pm Central Time (MMAC, Oklahoma City, OK) Responses Due: 30 March, 2020 4:00 pm Central Time (MMAC, Oklahoma City, OK) All responses to this request for qualifications shall be submitted electronically to Joshua.d.huckeby@faa.gov.

Issued By: AAQ-721 LOGISTICS CENTER ACQ FAA Aeronautical Center P.O. Box 25082 Bldg 014-AHQ, Room 233A Oklahoma City, OK 73125

INTRODUCTION

This is a requirement synopsis and solicitation for qualifications only. The Federal Aviation Administration (FAA) is seeking competent and qualified contractors interested in this requirement for Architect and Engineering (A&E) services Non-Destructive Investigations and Structural Analysis Reports for seven (7) Remove Video Surveillance System (RVSS) sites in accordance with the statement of work attached to this announcement.

General vicinities of the locations of each system are reflected in the Statement of Work (SOW).

Longitude/Latitude coordinates of the systems will be provided to the Contractor upon contract award.

The FAA intends to award one (1) Firm Fixed Priced (FFP) contract to perform this requirement.

The FAA reserves the right to cancel this announcement at any time, without notice, and at no cost to the FAA.

SECTION I - REQUIREMENT SCOPE

The contractor must provide labor, travel, permits/application fees, mobilization costs and tools for technicians to travel to perform non-destructive investigations on seven (7) Remote Video Surveillance System (RVSS) towers that have been identified as being out of plumb, potentially causing a risk for overall global instability of the structures. This risk causes towers to be considered a safety risk and can reduce a tower’s capacity for supporting surveillance equipment and other technology. When tower safety and equipment capacity are at risk, it reduces CBP’s ability to achieve their mission of protecting the United States’ borders. The risk of operational outages or disruptions are considered unacceptable and requires the structures to be investigated. The non-destructive investigation will include a geotechnical study for bearing and frictional capacities, sonic echo to determine shaft length, and ultrasonic testing to indicate type and size of suspected anomalies in welds and reductions in the thickness of the tower leg base sections. When foundations are not made from concrete drilled shafts, such as mat foundations, other services like ground penetrating radar will be required to be procured in order to determine the depth and rebar layout.

After the non-destructive investigations are complete, a structural analysis will be required which must summarize the findings and provide recommended remediation plan. Findings must include observed condition of tower leg base, base plates, anchor bolts, calculated strength for tower leg, base plates and mailto:Joshua.d.huckeby@faa.gov anchor bolts, itemized summary of actual and allowable loading for each applicable force and/or moment.

When the tower foundation is determined to not provide sufficient resistance, a remediation plan with cost estimate must be provided. The report must detail the type, dimensions, and condition of the current tower foundation to determine if it meets the requirements of the current loads. Structural analysis report must be completed by a registered structural engineer.

Work performed must include all incidental labor, materials, and contract services necessary to complete the objectives and major definable features of work outlined in this statement of work.

Completion of the work will include all items as noted in this Statement of Work (SOW). All work items denoted in Section 3.0 may require additional effort for items not specifically detailed and/or described in the SOW and information. All materials will be required to meet standard industry requirements and specifications for acceptance.

The North American Industry Classification System (NAICS) is 541330 (Engineering Services).

This solicitation process will utilize a two-phased approach. An evaluation of responses to this announcement will occur and a selection of the most qualified vendor will be determined based on the evaluation criteria specified in this announcement. The most qualified vendor will then be solicited for pricing information. Fee will be negotiated thereafter. Vendors should note that the phase II solicitation will contain additional terms and conditions. If prices are determined unreasonable and/or negotiations are unsuccessful, the government will then cease negotiations with the most qualified vendor and solicit the next most qualified vendor. This process will continue until the government is able to award a contract to a qualified vendor who agrees to all terms and conditions and can perform the requirement at a fair and reasonable price.

Responsibility (or “Responsible”) Offerors must have an active registration with no active exclusions in the System for Award Management (SAM), possess the NAICS Code identified above within their representations and certifications contained therein, and also show no adverse records in the Federal Awardee Performance and Integrity Information System (FAPIIS). Offerors who meet these requirements will be determined “responsible”.

Responsiveness (or “Responsive”) Offerors must submit all information in accordance with the Instructions to Vendors below. Offerors who meet these requirements will be determined responsive.

Offerors must be determined both responsible and responsive upon the FAA’s receipt of their proposal to be evaluated for a contract award.

SECTION II- INSTRUCTIONS TO VENDORS

Questions about this announcement or requirement should be emailed to joshua.d.huckeby@faa.gov no later than 20 March 2020 at 4:00pm (Oklahoma City, OK). Questions may be posted to this announcement for the viewing of all interested parties on or around the day after questions are due.

Please place “LMR Tower A&E Services” in the subject line of your email. Requests received after this date and time will not be honored. No telephone requests will be accepted.

mailto:joshua.d.huckeby@faa.gov

Responses to this combined synopsis/solicitation should contain the following documents:

1. Cover Letter (optional)

2. FAA SF330 (mandatory)

1. Cover Letter: Vendors may submit a cover letter if desired; however, the technical evaluation team will only be provided the SF330 for evaluation of qualifications. As such, vendors are hereby advised that any information provided in a cover letter will not be used to determine a respective vendor’s qualification. Cover letter should not exceed two pages and font shall not be smaller than 12 point.

2. FAA SF330: To be eligible for award, vendors shall submit a completed SF330 Parts I and II as follows:

Part I (Sections A-D) – Identify all Joint-Ventures and/or Subcontractors and roles to be performed Part I (Section E) – Resumes of Key Personnel (Prime and Sub) Part I (Section F) – Example Projects (A minimum of three (3), but not more than five (5), examples that have been completed within the last five years; all examples demonstrate experience with structural investigations, foundation repair plans, and/or nondestructive testing of RVSS or similar structures; and were performed for US Government, State Government, Municipalities, or Commercial Entities.) – Examples submitted that do not fit this criteria may be considered to be unnecessary elaborate submittals and inconsistent with AMS 3.2.23-11 contained in the provisions below.

Part I (Section G) – Key personnel participation in example projects.

Part I (Section H) – Additional Information Limited to 2 pages; Vendors must discuss the following items:

- Past Performance (Discuss scores on example projects provided via Part I, Section F and provide POC with contact information)

- Cost Control (discuss cost control approach for this requirement)

- Quality Assurance (discuss quality assurance approach for this requirement)

- Project Management (discuss project management approach for this requirement) Part II (General Qualifications)

An evaluation of completeness of responses received will be conducted by the contract specialist or contracting officer upon receipt. Failure to provide all required information may render a vendor to be determined as “non-responsive” and may not be evaluated.

SECTION III- EVALUATION OF VENDORS

The evaluation of responses will be will be conducted as follows:

FIRST: Upon receipt of proposal, or at the earliest convenience thereafter, the contract specialist or contracting officer will conduct an initial evaluation to determine contractor responsiveness and contractor responsibility. Vendors determined not fully responsive or responsible as a result of this initial evaluation will be determined ineligible for award and will not be further evaluated.

SECOND: Upon determination of contractor responsibility and responsiveness and upon closing of the proposal due date, proposals of responsive and responsible offerors will then be evaluated by the Technical Evaluation Team (TET) in accordance with the following evaluation factors:

Factor 1. Proposed Team and Key Personnel (SF330, Part I, Sections C, D and E) Factor 2. Specialized Experience and Technical Competence (SF330, Part I, Section F and G) Factor 3. Past Performance (SF330, Part I Section H) Factor 4. General Qualifications

These evaluation factors above are listed in relative order of importance and will be scored as follows:

Factor 1. Proposed Team and Personnel The TET will evaluate the offeror’s proposed team and personnel for this requirement. This will be evaluated on an unacceptable/acceptable/confident/very confident basis from the information contained in the SF330 Part I, Sections C, D, and E. Offerors determined to be unacceptable against this factor will be ineligible for award and will not be further evaluated.

This factor will be scored as follows:

VERY

CONFIDENT:

The role of Lead (or Senior) Engineer is identified and a completed resume for this individual is submitted;

AND

Each member possesses a level of education that is consistent/adequate with the licensing and/or certification they claim;

AND

All members of proposed team of key personnel can demonstrate more than seven (7) years of experience on their resume.

AND

Each member possesses a level of education that is consistent/adequate with the licensing and/or certification they claim;

AND

All members of proposed team of key personnel can demonstrate more than five (5) years of experience on their resume.

ACCEPTABLE:

AND

Each member possesses a level of education that is consistent/adequate with the licensing and/or certification they claim;

AND

All members of proposed team of key personnel can demonstrate more than two (2) years of experience on their resume.

UNACCEPTABLE:

The role of Lead (or Senior) Engineer is not identified and/or a completed resume for this individual was not submitted;

OR

Any member of the offeror’s team does not possess a level of education that is consistent/adequate with the licensing and/or certification they claim;

OR

Any members of proposed team of key personnel fail to demonstrate more than two (2) years of experience on their resume.

Factor 2. Specialized Experience and Technical Competence The TET will evaluate the offeror for specialized experience and technical competence. This will be evaluated on an unacceptable/acceptable/confident/very confident basis from the information contained in Part I, Section F of the SF330. Offerors determined to be unacceptable against this factor will be ineligible for award and will not be further evaluated. This factor will be scored as follows:

A minimum of three (3), but not more than five (5) examples were provided via Part I, Section F of the SF330;

AND

Examples provided demonstrates experience with structural investigations, foundation repair plans, and/or nondestructive testing of RVSS or similar structures;

AND

All examples were performed under contract with the FAA or CBP either as a prime or subcontractor.

AND

Examples provided demonstrates experience with structural investigations, foundation repair plans, and/or nondestructive testing of RVSS or similar structures;

All examples were performed under contract with the US Government either as a prime or subcontractor.

AND

Examples provided demonstrates experience with structural investigations, foundation repair plans, and/or nondestructive testing of RVSS or similar structures;

AND

All examples were performed under contract with the US Government, State Government, Municipalities, or Commercial Entities.

Less than three (3), or more (5) examples were provided via Part I, Section F of the SF330 Provided;

OR

Examples provided does not demonstrate experience with structural investigations, foundation repair plans, and/or nondestructive testing of RVSS or similar structures;

OR

Any examples were not performed under contract with the US Government, State Government, Municipalities, or Commercial Entities.

Factor 3. Past Performance The TET will evaluate the past performance of the example projects provided in Part I, Section F and H, of the SF 330. This information will be evaluated on an unacceptable/acceptable/confident/very confident basis from the information contained in the SF330, Part I Section F and H. Offerors determined to be unacceptable against this factor will be ineligible for award and will not be further evaluated. This factor will be scored as follows:

Information provided includes a POC for each example project with contact information (Name, phone number, and email address at a minimum);

AND

Information provided indicates that the offeror met or exceeded the performance expectations of the Government for all example projects;

AND

Information provided demonstrates that all example projects were successfully completed more than 10 days before the project’s delivery schedule.

Information indicates that the offeror met or exceeded the performance expectations of the Government for all example projects;

AND

Information provided demonstrates that all example projects were successfully completed within 10 days before or after the project’s delivery schedule.

AND

Information indicates that the offeror met or exceeded the performance expectations of the Government for all example projects;

AND

Information provided demonstrates that all example projects were successfully completed within 30 days of the project’s delivery schedule.

Information provided does not include a Government POC for each example project with contact information (Name, phone number, and email address at a minimum);

OR

Information indicates that the offeror failed to meet the minimum performance expectations of the Government for any example projects;

OR

Information provided demonstrates that any example projects were completed later than 30 days than the project’s delivery schedule, or omits project’s delivery schedule and/or completion dates.

Factor 4: General Qualifications of the A-E Firm The TET will evaluate the offeror for general qualifications of the A-E Firm provided in Part II of the SF 330. The government reserves the right to determine whether the firm possess the appropriate functional codes and disciplines needed to successfully perform this requirement. This will be evaluated on an unacceptable/acceptable basis.

Offerors determined to be unacceptable against this factor will be ineligible for award and will not be further evaluated. This factor will be scored as follows:

SF330 Part II is filled out completely.

The functional codes and disciplines contained therein are determined appropriate to successfully perform this requirement.

UNACCEPTABLE: SF330 Part II is not filled out completely.

OR

The functional codes and disciplines contained therein are not appropriate to successfully perform this requirement.

THIRD: Overall (consolidated) ratings will then be assigned per factor per offer. They will then be compared among all other offers and ranked from the most qualified to least qualified based on the results of the TET’s evaluations.

If two or more offerors are determined to have the same overall ratings for all factors, this situation will be referred to as a “tie”. If a tie occurs, it will be resolved utilizing the following methods listed in order of precedence:

First Method: Among tied offerors, the offeror with the lead (or senior) engineer that possesses the most years of experience will be determined to be the more qualified offeror.

Second Method: If the first method fails to resolve the tie, among tied offerors, the offeror with the most recently completed experience example evaluated in Factor 2 (Specialized Experience and Technical Competence) will be determined to be the more qualified offeror.

(NOTE: Only project examples determined to be acceptable, or better, will be considered for this tie breaker process.)

FOURTH: Upon completion of ranking of proposals from most qualified to least qualified, the most qualified vendor will then be solicited via phase II solicitation to obtain mutual agreement on specific terms and conditions, pricing, and fee.

If pricing information cannot be determined fair and reasonable (either due to lack on detail of proposals, or proposed pricing cannot be comparable to historical data) the Government will cease further negotiations and proceed to begin negotiations with the next highest ranked offeror.

This step may be repeated, sub sequentially, until the FAA is successful in reaching a negotiated agreement.

FIFTH: An award will be made to the most qualified vendor with whom the Government can successfully negotiate terms and conditions and a fair and reasonable price.

SECTION IV: APPLICABLE PROVISIONS AND CLAUSES

The following Acquisition Management System (AMS) provisions and clauses are provided in this announcement for information purposes only. Offerors are advised the following provisions and clauses are intended to be included on the solicitation document to the most qualified offeror for pricing information.

3.1-1 Clauses and Provisions Incorporated by reference (July 2011)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm.

(End of clause)

AC0135 INVOICING PROCEDURES - GENERAL (JAN 2017)

(a) In addition to the requirements set forth at AMS Clause 3.3.1-17, Prompt Payment, for the submission of a proper invoice, the contractor shall submit a separate invoice for (1) each month of performance of services, or (2) those items of supplies furnished, as follows:

(1) Email the original to: 9-AMC-AMZ-FAA-APInvoices@faa.gov

(2) Email one copy to Joshua.d.huckeby@faa.gov or:

(3) Email one copy to cory.yeager@faa.gov

(b) Each invoice shall highlight the following information:

(1) Contract number and applicable Delivery Order number.

(2) Noun description of services and/or supplies, including applicable line item number(s) and quantity(s) that were provided.

(3) Extended totals for invoiced quantities.

(c) All contractors invoicing services to the FAA in labor hours shall maintain on file, and submit when required for verification or audit, certified time logs showing a daily start and ending work times, the daily total of productive hours charged to the contract, a daily entry for any non-productive work-hours and cumulative totals for each pay period.

(End of Clause)

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2018)

(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:

(1) Contracts written on paper and contracts in electronic form;

(2) Pen-and-ink signatures and electronic signatures; and

(3) Other legally-required written records and the same information in electronic form.

(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.

(c) Certain documents may need to be provided or maintained in original form, such as large scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.

(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.

(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA- 1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section

5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.

(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications: Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.

(End of Clause)

3.1.7-2 Organizational Conflicts of Interest (July 2018) 3.2.2.3-1 False Statements in Offers (July 2004) 3.2.2.3-6 Submittals in the English Language (July 2004) 3.2.2.3-11 Unnecessarily Elaborate Submittals (July 2004) 3.2.2.3-12 Amendments to Screening Information Requests (July 2004) 3.2.2.3-13 Submission of Information/Documentation/Offers (July 2004) 3.2.2.3-14 Late Submissions, Modifications, and Withdrawals of Submittals (July 2004) 3.2.2.3-15 Authorized Negotiators (July 2004) 3.2.2.3-16 Restricting, Disclosing and Using Data (July 2004) 3.2.2.3-17 Preparing Offers (July 2004) 3.2.2.3-18 Prospective Offeror's Requests for Explanations (March 2009) 3.3.2-1 FAA Cost Principals (Jan 2006)

3.6.1-17 North American Industry Classification System (NAICS) Code (January 2016)

The North American Industry Classification System (NAICS) code for this procurement is:

__541330_(Engineering Services)_________

The small business size standard as defined by the Small Business Administration is the following:

For NAICS codes based on annual receipts, the annual average receipts for the last three fiscal years cannot exceed __$15M___________.

For NAICS codes based on the number of employees, the average number of employees over the last twelve-month period cannot exceed _____N/A_________.

(End of provision)

3.6.2-5 Certification of Non-Segregated Facilities (March 2009) 3.6.2-8 Affirmative Action Compliance (April 1996) 3.6.2-9 Equal Opportunity (October 2018) 3.6.2-12 Equal Opportunity for Veterans (October 2018) 3.6.2-14 Employment Reports on Veterans (October 2018) 3.6.2-16 Notice to the Government of Labor Disputes (October 2018) 3.6.2-39 Trafficking in Persons (July 2018) 3.6.2-44 Notification of Employee Rights Under the National Labor Relations Act (January 2018) 3.6.3-16 Drug Free Workplace (March 2018) 3.6.3-23 Delivery of Electronic and paper Documents (October 2018) 3.6.4-10 Restrictions on Certain Foreign Purchases (January 2018) 3.9.1-1 Contract Disputes (October 2018) 3.9.1-2 Protest After Award (August 1997) 3.2.2.3-20 Offers (January 2018)

(a) The offeror (you) must submit responses to this SIR by the following electronic means: e-mail, Your offer must arrive at the place and by the time specified in the SIR.

(b) Such offers must refer to this SIR and include, as applicable, the item or sub-items, quantities, unit prices, time and place of delivery, all representations and other information required and a statement specifying the extent of your agreement with all the FAA's (we) terms, conditions, and provisions.

(c) We may decline to consider vendors that do not include required information during phase I of this solicitation process, or that reject any of the terms, conditions, and provisions of phase II.

(d) Send your response to this announcement to Joshua.d.huckeby@faa.gov and john.hawk@faa.gov.

(e) We will not be responsible for any failure attributable to transmitting or receiving the offer, unless it falls under section (a) of AMS provision 3.2.2.3-14 "Late Submissions, Modifications, and Withdrawals of Submittals".

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JUL 2018)

3.2.2.3-61 RESPONSIBILITY OF THE ARCHITECT-ENGINEER CONTRACTOR (JUL 2004)

3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (OCT 2015) 3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2011)

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.5-1 OFFICIALS NOT TO BENEFIT (OCT 2019)

3.2.5-3 GRATUITIES OR GIFTS (OCT 2019)

3.2.5-4 CONTINGENT FEES (OCT 1996)

3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2019)

3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)

3.3.1-3 PAYMENTS UNDER FIXED-PRICE ARCHITECT-ENGINEER CONTRACTS (JUL 2018)

3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (OCT

2012)

3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (JUL

2018)

3.3.2-1 FAA COST PRINCIPLES (OCT 2019)

3.3.2-2 REIMBURSEMENT FOR TRAVEL AND SUBSISTENCE (APR 2010)

3.4.1-12 INSURANCE (OCT 2019)

3.4.2-6 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (OCT 1996)

3.4.2-8 FEDERAL, STATE, AND LOCAL TAXES - FIXED PRICE CONTRACT (JUL 2019)

3.6.2-9 EQUAL OPPORTUNITY (OCT 2018)

3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (OCT 2018)

3.6.2-16 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (OCT 2018)

3.6.2-39 TRAFFICKING IN PERSONS (APR 2019)

3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT (JAN 2019)

3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)

3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (JAN 2020)

3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)

3.6.4-23 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2019)

3.9.1-1 CONTRACT DISPUTES (JAN 2020)

3.9.1-2 PROTEST AFTER AWARD (AUG 1997)

3.10.1-7 BANKRUPTCY (APR 1996)

3.10.1-8 SUSPENSION OF WORK (SEP 1998)

3.10.1-12 CHANGES - FIXED-PRICE (APR 1996)

3.10.1-12 CHANGES - FIXED-PRICE (APR 1996) - ALTERNATE III (APR 1996)

3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)

3.10.2-4 SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS (APR 1996)

3.13-5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)

3.13-13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)

3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (JUL 2018)

(a) Definitions. As used in this clause

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by

Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4- character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.

"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database.

"System for Award Management (SAM) Database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror must enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if different from physical street address).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. If registered in SAM as a Service-DisabledVeteran-Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are designated as a SDVOSB by the Department of Veterans Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.

(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor must provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:

(A) change the name in the SAM database;

(B) comply with the requirements of AMS regarding novation and change-of-name agreements; and

(C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor must not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims.

Assignees must be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.

https://www.vip.vetbiz.gov/

(End of Clause)

3.6.2-14 EMPLOYMENT REPORTS ON VETERANS (JAN 2020)

(a) Unless the contractor is a State or local government agency, the contractor must report at least annually, as required by the Secretary of Labor, on:

(1) The total number of employees in the contractor's workforce, by job category and hiring location, who are disabled veterans, other protected veterans, Armed Forces service medal veterans, and recentlyseparated veterans,

(2) The total number of new employees hired during the period covered by the report, and of the total, the number of disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans; and

(3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report.

(b) The above items must be reported by completing the VETS-4212 "Federal Contractor Veterans' Employment Report" (see "VETS-4212 Federal Contractor Reporting" and "Filing Your VETS-4212 Report" at http://www.dol.gov/vets/vets4212.htm).'

(c) The VETS-4212 Report must be submitted no later than September 30 of each year.

(d) The employment activity report required by paragraph (a)(2) of this clause must reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date:

(1) As of the end of any pay period during the period January through March 1st of the year the report is due, or

(2) as of December 31, if the contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100).

(e) The count of veterans reported according to paragraph (a) of this clause must be based on data known to the contractor when completing the VETS-4212. The Contractor's knowledge of veterans status may be obtained in a variety of ways, including an invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve the employer of liability for a determination under 38 U.S.C. 4212.

(f) Subcontracts. The Contractor must include the terms of this clause in every subcontract or purchase order of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.

3.10.2-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (JAN 2019)

(a) Consent to subcontract in this clause applies to subcontracts resulting from unpriced modifications to this contract if required as indicated under (b) or (c) below.

(b) Subcontract, as used in this clause, includes but is not limited to purchase orders, and changes and modifications to purchase orders. The Contractor must notify the Contracting Officer reasonably in advance of entering into any subcontract if the Contractor does not have an approved purchasing system and if the subcontract:

(1) Is proposed to exceed $150,000; or

(2) Is one of a number of subcontracts with a single subcontractor, under this contract, for the same or related supplies or services, that in the aggregate are expected to exceed $150,000.

(c) If the contractor has an approved purchasing system, the contractor nevertheless must obtain the Contracting Officer's written consent before placing the following subcontracts:

[Fillin subcontract] [Fillin subcontract] [Fillin subcontract]

(d) The advance notification required by paragraphs (b) and (c) above must include-

(1) A description of the supplies or services to be subcontracted;

(2) Identification of the type of subcontract to be used;

(3) Identification of the proposed subcontractor and an explanation of why and how the proposed subcontractor was selected, including the competition obtained;

(4) The proposed subcontract price and the Contractor's cost or price analysis;

(5) The subcontractor's current, complete, and accurate cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions;

(6) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract; and

(7) A negotiation memorandum reflecting-

(i) The principal elements of the subcontract price negotiations;

(ii) The most significant considerations controlling establishment of initial or revised prices;

(iii) The reason cost or pricing data were or were not required;

(iv) The extent, if any, to which the Contractor did not rely on the subcontractor's cost or pricing data in determining the price objective and in negotiating the final price;

(v) The extent, if any, to which it was recognized in the negotiation that the subcontractor's cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and subcontractor; and the effect of any such defective data on the total price negotiated;

(vi) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and

(vii) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation must identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

(e) The Contractor must obtain the Contracting Officer's written consent before placing any subcontract for which advance notification is required under paragraph (b) above. However, the Contracting Officer may ratify in writing any such subcontract. Ratification will constitute the consent of the Contracting Officer.

(f) Even if the Contractor's purchasing system has been approved, the Contractor must obtain the Contracting Officer's written consent before placing subcontracts identified below:

(g) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system will constitute a determination:

(1) of the acceptability of any subcontract terms or conditions,

(2) of the acceptability of any subcontract price or of any amount paid under any subcontract, or

(3) to relieve the Contractor of any responsibility for performing this contract.

(h) No subcontract placed under this contract will provide for payment on a cost-plus-a-percentage-of-cost basis.

(i) The Government reserves the right to review the Contractor's purchasing system.

3.2.2.3-81 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION (OCT 2015)

3.2.2.3-82 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN -

CERTIFICATION (JUL 2012)

3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERALTRANSACTIONS (OCT 2019)

3.2.2.7-7 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (JAN 2018)

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

(i) All representations and certifications as reflected in the System for Award Management (SAM) are current and accurate as of the date the proposal/offer is submitted. The offeror must provide immediate written notice to the Contracting Officer if at any time prior to award the Offeror and/or any of its Principals learns that any certification or representation in SAM was erroneous when this proposal/offer was submitted or has become erroneous by reason of changed circumstances. If registered in SAM as a Service-Disabled Veteran-Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are designated as a SDVOSB by the Department of Veterans Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.

(ii) 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; and

(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 subdivision (a)(1) (ii)(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 $3,000 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. Sec. 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. Sec. 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.

https://www.vip.vetbiz.gov/

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 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).

(E) 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) 'Principals,' for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, 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 must 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 SIR. 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 must 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 SIR for default.

(End of provision)

3.3.1-35 CERTIFICATION OF REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT (AUG 2012)

In accordance with Clause 3.3.1-33, System for Award Management (SAM), offeror certifies that they are registered in the SAM Database and have entered all mandatory information including the DUNS or DUNS+4 Number.

Name: ______________________________ Title: _______________________________ Phone Number: _______________________ (End of provision)

3.6.2-5 CERTIFICATION OF NONSEGREGATED FACILITIES (MAR 2009)

(a) 'Segregated facilities,' as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.

(b) By the submission of this offer, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the "Equal Opportunity" clause in the contract.

(c) The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will--

(1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the "Equal Opportunity" clause;

(2) Retain the certifications in the files; and

(3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods):

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF

NONSEGREGATED FACILITIES

A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the "Equal Opportunity" clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

(End of provision)

3.6.2-8 AFFIRMATIVE ACTION COMPLIANCE (APR 1996)

The offeror represents that (a) it ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of provision)

3.6.4-19 PROHIBITION CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATED TO IRAN- REPRESENTATION AND CERTIFICATIONS (APR 2013)

(a) Definitions.

"Person"

(1) Means

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial…