Combined Synopsis Solicitation - OAS-PARK-R-23-0001.docx

Combined Synopsis/Solicitation

OAS-PARK-R-23-0001

December 2, 2022

OVERVIEW

Purpose: Leased Commercial Parking Spaces

Requiring Office: The Executive Office of the President (EOP)

Solicitation Number: OAS-PARK-R-23-0001

Nature of Action: Firm-Fixed-Price (FFP)

Quote Due Date: December 9, 2022 at 10:00 a.m. Eastern Time

Method of Award: Best Value - Technical Acceptability, Complete and Reasonable Pricing, and Past Performance

(i) INTRODUCTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format prescribed in Federal Acquisition Regulation (FAR) Subpart 12.6 and FAR Part 13, as supplemented with additional information included in this combined synopsis/solicitation. This notice constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued.

Contractors shall examine this entire combined synopsis/solicitation. Failure to do so will be at the Contractor’s own risk. The Government may reject any quotation that does not contain all of the requested information, as outlined herein. This combined synopsis/solicitation does not commit the Government to pay any costs incurred by the contractor in preparation and submission of initial, or any subsequent, quotation, or for any other costs incurred prior to award of the Blanket Purchase Agreement (BPA). The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse contractors for any costs.

Contractors are requested to submit a written quotation in response to this combined synopsis/solicitation, the applicable terms and conditions as listed in this combined synopsis/solicitation, and associated Attachments.

(ii) FEDERAL ACQUISITION CIRCULAR (FAC)

The solicitation and incorporated provisions and clauses are those in effect through FAR FAC 2022-05 and FAC 2022-08 effective 10/28/2022.

(iii) SET-ASIDE & NAICS

This requirement is being solicited as full and open competition. The associated North American Industrial Classification Standard (NAICS) Code is 812930 – Parking Lots and Garages, with a Size Standard of $41.5M. All Contractors responding shall be active in the System for Award Management (SAM) at the time of quotation submission. NO EXCEPTIONS.

(iv) BLANKET PURCHASE AGREEMENT LINE ITEMS AND PRICING The Offeror shall provide firm-fixed pricing in accordance with the table below. PLEASE PROVIDE ALL DISCOUNTS OFFERED TO THE GOVERNMENT. All required quantities are the Government’s best estimates. The Government reserves the right to award additional quantities of a line item, less quantities of a line item or no quantities of a line item, dependent upon quotations received.

(v) DESCRIPTION OF REQUIREMENTS

1.0 Purpose

The Office of Administration (OA) on behalf of the Executive Office of the President (EOP) has a need for up to 300 leased commercial parking spaces near the White House complex. The parking spaces shall meet the standard dimensions in accordance with local regulations for vehicles including but not limited to vans, sedans, Sports Utility Vehicles (SUVs), compact cars, motorcycles etc. The need for 24x7 access and secure parking is required for staff who support mission critical operations for all components within the EOP. These parking spaces will be reserved for EOP staff and visitors.

The EOP consists of 14 component offices designated to provide the President with the support needed to govern effectively. These component offices are located within and near the White House complex. The White House complex boundaries are Constitution Avenue, 17th Street, NW, H Street and 15th Street, NW. For purposes of this requirement, close proximity is required to the 17th Street, NW corridor and 1800 G Street, NW.

2.0 Specifications, Salient Characteristics, Minimum Requirement:

The leased parking facilities shall:

a) Be located within a two-block radius of the Eisenhower Executive Office Building (EEOB), 750 17th Street, NW, and within a two-block radius of 1800 G Street, NW, Washington, DC.

b) Have the ability to increase the number of parking spaces at any time during the period of performance by mutual agreement of the parties.

c) Provide parking permit holders the ability to communicate with the parking garage business office(s) or the attendant in the garage, after hours, in order to respond to distress signals, or to remotely control various functions, such as gates, doors and intercoms.

d) Allow for parked vehicles to be locked.

e) Allow unlimited mobility to move the vehicle in-and-out of the parking garage during the work day at no additional cost.

f) Provide the next month’s monthly parking passes within 10 business days prior to the end of the current parking month to the EOP Contracting Officer’s Representative (COR) identified in each Blanket Purchase Agreement (BPA) Call.

g) Ensure that personnel and belongings are safe at all times and parking garage spaces and facilities are well lit at all times due to the unusual working hours of the staff (e.g., late night and weekend work)

h) Provide handicap parking spaces and access upon demand.

i) Provide minimum garage attendant operating hours of 7:00AM – 7:00PM, Monday-Friday, excluding holidays.

j) Provide alternative means to enter and exit parking garage outside the minimum attendant operating hours. For example, provide entry via a key fob or numeric code for after hours and weekend access.

k) Ensure that vehicles are not subject to vandalism. The Contractor shall be responsible for ensuring that vehicles are not subject to movement, and/or removal, except by authorized persons.

l) Maintain the parking facility in a safe and clean manner.

m) Ensure the Contractor contact and obtain approval from the COR before any authorization is provided to tow any EOP personnel’s vehicle from the facilities.

n) Ensure the Contractor personnel performing the above-stated work comply with any and all licensing and permit regulations. Attendant(s) must possess a current State issued drivers’ license and shall be able to handle all normal transmission types, read all standard speedometers, and operate all of the aspects of commercial vehicles.

3.0 Other Requirements:

Indemnity and Insurance The Contractor shall be responsible for, shall consider, shall resolve claims and shall hold the United States of America harmless against every loss or liability arising on account of damage to property or injury to persons resulting from use or operation of the facility.

All attendant(s) must be covered by a fidelity bonding. The Contractor shall be required to provide and maintain insurance on all services and attendant(s) who provide services under this procurement.

Insurance shall be effective and evidence of acceptable insurance furnished prior to commencing operations under this BPA. The Contractor shall provide and maintain insurance certificate(s) evidencing the required minimum coverage prior to commencement of work and at all times during contract performance. The Contractor shall add the Executive Office of the President as an additional insured with respect to all operations under this BPA. Policies will contain a provision indemnifying and keeping the United States of America harmless against every loss, expense, or liability arising on account of damage to property or injury to persons resulting from use or operation of the facility. Each policy will contain a provision for written notice of reduction in coverage or cancellation given to the Office of Administration (OA), Executive Office of the President at least 30 days before its effective date.

The Contractor shall also comply with the following:

a) Workers' compensation and Contractor liability: The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when BPA operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. The Contractor’s liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

b) General Liability: $500,000.00 per occurrences.

c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $200,000.00 property damage.

d) Garage Keepers Legal Liability Insurance: $1,000,000

4.0 BPA Ceiling Value

The Contractor shall perform the effort required by this BPA on a Firm Fixed Price basis. The BPA will have an estimated value of $6,000,000.00. The estimated value is the Government’s best estimate of prices for performance over the five-year period and does not represent a guarantee that the purchase of services through the BPA calls will be at the estimated $6,000,000.00.

5.0 Extent of Obligation

The Government is obligated only to the extent of authorized Calls actually executed under the BPA.

6.0 BPA Ordering Instructions

Authorized Users Only authorized users may place orders under the BPA. Authorized users are Contracting/Ordering Officers from the EOP.

BPA Call Ordering Instructions Each Call under this BPA shall identify the following:

· Number of Parking Spaces Being Requested

· Name of Requesting EOP Component and Point of Contact (POC)

· Identify if Any Ancillary Services are Being Requested (Ex. Handicap Parking, Access After Hours or on Weekends, etc.)

· Period of Performance

BPA Calls shall be within the scope, and issued within the period of performance. All BPA Calls placed under the BPA are subject to the terms and conditions of the base BPA agreement. In the event of any conflict between the Call and the BPA, the BPA will take precedence. All BPA Calls will have a designated Contracting Officer’s Representative.

7.0 Period of Performance:

The period of performance of the BPA shall be for a total of five (5) years with the following ordering periods:

· Ordering Period 1: 01/01/2023 through 12/31/2023

· Ordering Period 2: 01/01/2024 through 12/31/2024

· Ordering Period 3: 01/01/2025 through 12/31/2025

· Ordering Period 4: 01/01/2026 through 12/31/2026

· Ordering Period 5: 01/01/2027 through 12/31/2027

Each BPA Call placed under this BPA will have its own period of performance.

(vi) INSTRUCTIONS TO OFFERORS

FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Nov 2021), applies to this acquisition. See below.

Submission of Offers This section of the Instructions to Offerors provides general guidance for preparing quotations as well as specific instructions on the format and content of the quotation. The contractor’s quotation must include all data and information requested by the solicitation and must be submitted in accordance with these instructions. The quotation shall be compliant with the requirements as stated in this solicitation. Non-conformance with the instructions provided in this solicitation may result in the removal of the quotation from further evaluation.

1. Submission Requirements:

1. Order Documentation: Volume I

i. Volume Organization: Volume I shall be organized according to the following outline:

Part A – Coversheet Part B – Compliance Statement Part C – Provisions and Clauses Response Part D – Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Part E – Non-Disclosure Agreement Part F – Past Performance

ii. Part A – Coversheet: The Offeror’s coversheet for the quotation must contain the name, phone number, and email address of the person to be contacted concerning any matter related to the solicitation. Include the following information in your quotation coversheet:

1. Unique Entity Identifier (UEI), Commercial and Government Entity Code (CAGE), and Taxpayer Identification Number (TIN);

2. Company Name and Mailing Address

3. Date Submitted and Quotation Expiration Date

4. Type of Company (i.e., small business, 8(a), woman-owned, veteran-owned etc.,) as validated via the System for Award Management (SAM).

5. Company Point of Contract, Phone, Email Address

6. Signature of Authorized Company Representative

iii. Part B- Compliance Statement: The Offeror is required to submit and certify that all elements submitted in the quotation comply with the solicitation requirements and any differences, deviations, or exceptions must be stated and explained in this section. Even if there are no differences, deviations, or exceptions, the Offeror must submit the Compliance Statement stating that no differences, deviations, or exceptions exist.

The Offeror shall include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

The Offeror shall state in the compliance statement that the quotation is valid for no less than 60 days from the date of submission of the quotation response to the solicitation.

Sample: Statement of Compliance: This contractor hereby certifies this quotation is in compliance with the solicitation and its requirements, including the terms, conditions, and provisions included in the solicitation. There are no exceptions, deviations, or differences and the quotation is valid for 60 days from the date of submission.

iv. Part C- Provisions and Clauses Response: The Offeror is to provide a completed version of each of the Provisions and Clauses that are identified as Full Text Provisions and Full Text Clauses in the solicitation.

v. Part D-Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction: Complete Boxes in Attachment 2.

vi. Part E: Non-Disclosure Agreement: Complete and sign Attachment 1.

vii. Part F: Past Performance: The Offeror shall demonstrate its relevant experience in recent efforts having similar characteristics in size, scope, and complexity. To be recent, the effort must be on-going or must have been performed during the past three (3) years from the date of issuance of this solicitation. For those efforts currently being performed, the Offeror must have been performing for at least six months from the date of issuance of this solicitation. The Contractor shall describe its relevant past performance on at least three (3) and no more than five (5) similar contracts

NOTE: DO NOT include any classified information in any submissions.

The Contractor shall provide the following information regarding its past performance references:

· Company – Contract holder, and position of the Contract Holder on the Offeror’s team (e.g., prime or subcontractor)

· Contract Number(s)

· Name(s), phone number(s), fax number(s) and e-mail(s) of a verified point of contact at the federal, state, local government or commercial entity for which the contract was performed. Note: The submitted information shall allow the Government to verify the Offeror’s past performance information. Each reference shall include both a contracting and a customer point of contact. The Offeror shall ensure that information presented for points of contact are accurate and current (i.e., current phone numbers, titles, etc.). The Government will not attempt to “track down” reference data in cases where inaccurate data is presented.

· Dollar value of the contract

· Contract start and end dates

· Contract type

· Detailed description of the work performed

In addition to the above, the Government may review any other sources of information for past performance purposes. Other sources may include, but are not limited to, CPARS, CAGE/UEI numbers, Federal Awardee Performance and Integrity Information System (FAPIIS), and any other known sources not provided by the Offeror, such as interviews with Contracting Officers, Contracting Officer Representatives (CORs) or other Government or commercial customers.

While the Government may elect to consider data from other sources, the burden of providing past performance references/information, rests with the Offeror.

1. Submit quotation in accordance with the CLIN Pricing Worksheet in Section (iv), on or before, Friday, December 9, 2022 at 10:00 a.m. Eastern Time or sooner. Offerors are responsible for submitting quotations, and any modifications, revisions, or withdrawals by the time specified above. Quotations submitted after the time and date for which quotations are due, will be considered late and will not be evaluated.

2. No terms, conditions, or assumptions from the Offeror will be entertained. If terms, conditions, or assumptions are included in a quotation, the quotation may be excluded on grounds that it failed to comply with the solicitation’s instructions.

3. The Offeror agrees to hold the prices in its quotation firm for 60 calendar days from the date specified for receipt of quotations, unless another time is specified in an amendment to the solicitation.

4. The Offeror shall provide acknowledgment of solicitation amendments, if applicable.

(vii) EVALUATION CRITERIA

FAR 52.212-2, Evaluation—Commercial Products and Commercial Services (Nov 2021), applies to this procurement. See below.

The Government intends to award multiple BPA’s resulting from this solicitation to the responsible offerors whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The factors are listed in descending order of importance. The following factors will be used to evaluate quotations:

Factor 1 – Technical Acceptability The Government will evaluate the contractor’s technical submission and rate it either Acceptable or Unacceptable in accordance with the evaluation table below. In order for the quotation to be rated Technically Acceptable, the contractor must be able to:

a) provide all of the required elements and specifications set forth in the CLIN Pricing Worksheet in Section (iv).

b) provide a copy of its insurance certificate(s) evidencing the required minimum coverage with the quotation package and prior to commencement of work

Technical Submission Evaluation Table

Factor 2 - Price Pricing will be evaluated to determine if it is complete and reasonable. Price reasonableness is established through price analysis techniques described in FAR 13.106-3. For a price to be complete, all solicitation requirements must be priced, figures correctly calculated, and prices presented in a clear and useful format. Prices should be neither excessive nor insufficient for the requested requirements.

Ordering Periods The Government will evaluate offers for award purposes by adding the total price for all ordering periods of the requirement. The Government may determine that an offer is unacceptable if the prices are the ordering periods are significantly unbalanced.

Factor 3 – Past Performance Past Performance will be evaluated to assess the Government’s confidence in the offeror’s ability to fulfill the solicitation requirements. The Government may use data obtained from other sources as well as that provided in the quotation. The Government will determine the relevancy of the past performance or present performance by assessing whether the Contractor’s recent efforts are of a similar size, scope, and complexity to the effort required in the solicitation. The Government will assign a past performance confidence rating to relevant past performance based on how well the Contractor performed on past or present efforts. Ratings will be either Acceptable Confidence Rating or Unacceptable Confidence Rating.

AWARD DECISION

The Government intends to award multiple BPA’s resulting from this solicitation to the responsible offerors whose quotation represents the best value to the Government.

The Government intends to evaluate quotations and award a contract without exchanges with Offerors. However, the Government reserves the right to conduct exchanges or seek clarifications if the Contracting Officer determines they are necessary. In the event issues pertaining to a proposed requirement cannot be resolved to the Contracting Officer’s satisfaction, the Government reserves the right to withdraw and cancel the solicitation. In such an event, the Offerors will be notified in writing.

Therefore, the contractor’s initial quotation should contain the contractor’s best terms from a price and technical standpoint. The quotation should include all information the contractor wants the Government to consider and evaluated regarding its company’s ability to conform to all required terms and conditions.

(vi) OFFEROR REPRESENTATIONS & CERTIFICATIONS Include a completed copy of provision FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, with quote. See below.

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Oct 2022)

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—

(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 recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. "Sensitive technology"— Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

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

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

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

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

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

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

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that –

(i)It □ is, □ is not a small business concern; or (ii)It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

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

(3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that—

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

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

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

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order11246-

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

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

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

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

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

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

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

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

(1)

(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

[List as necessary]

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

(g)

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

(i)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

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

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

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

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

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

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

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

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

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

Other End Products:

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

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

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

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

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

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

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

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

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

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

(1) Listed end products.

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

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

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

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

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

(2) □ Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting…