Solicitation.docx

Combined Solicitation/ Synopsis Document No.

D15PS00303

Document Title Sales Data Collection – Quinault Nation

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

II. This action is being processed in accordance with FAR Part 12, FAR Part 13, and FAR Subpart 19.5. The solicitation number is D15PS00330. This solicitation is issued as a Request for Proposal (RFP). The solicitation will result in the award of a firm fixed price purchase order. The Acquisition Services Directorate of the Department of the Interior, on behalf of the Office of the Special Trustee for American Indians, is issuing this combined solicitation/synopsis for the purpose of entering into a purchase order after receipt and evaluation of proposals.

III. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular Number 2005-80, which was effective March 2, 2015.

IV. This requirement is a small business set-aside. The NAICS code is 531390, with small business size standard $7.5 million.

V. Contract Line Item Numbers: 0010 Sales Data Collection for Quinault Nation

VI. Description of the requirements for the items to be acquired: See Statement of Work, including Appendix 1 and 2, at Page 5.

VII. Period of Performance is 150 days after award of the purchase order. However, see Section 11 of the Statement of Work which provides for partial delivery 90 days after award.

VIII. The provision at FAR 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition. See Page13 for the reference.

IX. The provision at FAR 52.212-2, Evaluation—Commercial Items, applies to this acquisition. See Page 13 for full text of the provision, along with the specific evaluation criteria to be included.

X. Offerors must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications – Commerical Items, with their quotes. The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision. See Page14 for full text of this provision.

XI. The clause at FAR 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition. See Page 13 for the reference.

XII. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition. See Page 29 for a full text of this clause and the additional FAR clauses cited within the clause and applicable to the acquisition.

XIII. See Pages 13-43 for additional contract requirements and other terms and conditions.

XIV. There is no Defense Priorities and Allocations System (DPAS) rating for this combined solicitation/synopsis.

XV. The date, time, and place offers are due:

Questions will be accepted until 12:00 p.m. Mountain Time on March 24, 2015.

The proposal must be emailed and is due no later than March 31, 2015 by 5:00 p.m. Mountain Time.

Include D15PS00330 in the subject line of your email. Submit questions and the proposal to the Contracting Officer, Cynthia Chick, at cynthia_s_chick@ibc.doi.gov.

XVI. Point of Contact: Cynthia Chick, cynthia_s_chick@ibc.doi.gov. Phone: (303) 969-7198.

REAL ESTATE APPRAISAL SERVICES

COLLECTION, VERIFICATION, DOCUMENTATION & ANALYSIS OF TIMBERED PROPERTY SALES IN WESTERN WASHINGTON AND VALUATION CONSULTING SERVICES FOR

QUINAULT INDIAN NATION REAL PROPERTY APPRAISALS

1.0 INTRODUCTION:

Secretary of the Interior, Executive Order 3325 established the Land Buy-Back Program for Tribal Nations (Buy-Back Program) in the Office of the Secretary to ensure implementation of all land consolidation aspects of the Settlement Agreement in Cobell v. Salazar, No. 96-CV-1285-JR. The settlement charges the Department of the Interior (Department) with the responsibility to use the Trust Land Consolidation Fund (Fund) within a 10-year period expected to expire in 2022, to acquire, at fair market value, fractional interests in trust or restricted land that individuals are willing to sell to the Department. The Buy Back Program relies on the Office of the Special Trustee for American Indians (OST) to implement the operational aspects of valuations and acquisitions.

2.0 BACKGROUND:

As part of DOI - OST Interagency Agreement, the Office of the Special Trustee, Office of Appraisal Services (OAS) is tasked with providing thousands of opinions of value for a wide array of properties. This valuation work is in response to potential purchase of trust and restricted fee lands through the Department’s Buy-Back Program for Tribal Nations (Buy-Back Program). There is a wide range of geographic locations, surface, mineral and fractional interest property rights. The DOI shall offer fair market value in accordance with 25 U.S.C. 2214 to owners of such fractionated interests.

OAS will collect and gather sales data and use mass appraisal techniques wherever the property type and data are conducive to support a mass appraisal model. In support of developing a well calibrated and accurate mass appraisal model, detailed statistical and regression analyses will be conducted on existing and new sales data in order to develop the appropriate variables, coefficients and ultimately – a mass appraisal model. Running the regression equation against the subject property data will then develop the value opinions for the numerous tracts and parcels to be valued as part of the Buy-Back Program activities.

Sales data is needed for the mass appraisal valuation process and for sales ratio studies. The reliability of any valuation model or sales ratio study is dependent on the quality and quantity of the data. Collection, verification, documentation and analysis of the sales data for this particular solicitation will be planned around the need to appraise a large number of timbered properties within the Quinault Indian Reservation.

3.0 PURPOSE OF CONTRACT:

3.1 The purpose of this contract is twofold: A) the acquisition of real estate sale transactional data for use in the appraisal of timbered properties by OAS/Buy-Back Program. We seek experienced forest real property appraisers with specialized expertise in the collection, verification, documentation, and analysis of timbered real property sales transaction data for appraisal purposes, and B) the procurement of real estate appraisal consulting services to assist in the development of the sales, cost, and potentially the income approaches to value, and for the final reconciliation of value for the subject properties.

3.2 Contractors shall be able to demonstrate specialized expertise in the valuation of the fair market value of timber and forested lands.

3.3 The Geographic Area under this solicitation is Western Washington. The subject properties to be appraised are approximately 150 tracts (80 acre average) of primarily timbered properties in the Quinault Indian Reservation. Some of these properties may contain recreational attributes. Timber cruise data for the subject properties in this project shall be provided by the Quinault Division of Natural Resources.

3.4 The Contractor shall provide all necessary management, supervision, labor, materials, supplies, equipment and all administrative expense and overhead to perform the full scope of work required.

4.0 TYPE OF CONTRACT:

This is a firm-fixed price commercial item, for the specialized collection, verification, documentation and analysis of timbered real property sales data and for real estate appraisal consulting services. No work may be performed under this agreement prior to the issuance of a written agreement to the Contractor.

5.0 SCOPE OF WORK:

5.1 SPECIFIC REQUIREMENTS: The Contractor shall address the specific phases of sales data collection, verification, documentation, and analysis, including the following:

5.1.1 SALES COLLECTION: Collect from county recording offices ALL available arms’ length sale transactions of timbered properties within the time period span from January 2011 to current date, and within the geographic study area designated in Appendix 1. Inherent for this requirement, ALL data elements (Property & Sale Data, Transfer Data, Land Mix Analysis, and Comments) required in the Rule Set (Appendix 2) shall be properly identified and provided. ALL data fields in the electronic “Rule Set Collection Form” shall be properly filled out.

5.1.2 VERIFICATION: All sales verification information provided by Contractor, which shall be in electronic format, is to be construed as affirmed or sworn statements regarding the sale of the properties. Electronic copies of transfer documents (Excise Tax Affidavit) shall be provided.

5.1.3 DOCUMENTATION: Information for all the required data elements for each sale, as defined by the issued Rule Set (see Appendix 2), shall be obtained and addressed in the sales documentation write up. ALL data fields in the electronic “Rule Set Collection Form” shall be properly filled out and electronic copies of the Deed of Trust shall be provided for all sales. Whenever a legal description references a lot or any other object other than Public Land Survey System lines, a Plat Map of the transferred property shall be provided. As stated above, electronic copies of transfer documents (Excise Tax Affidavit or other) shall be provided.

5.1.4 In general terms, and subject to the final Rule Set (Appendix 2) issued with this agreement, the Contractor shall be required to document the following information:

· Recording Number and/or Book/Page

· Grantor

· Grantee

· Sale Date

· Sale Price (Full Consideration)

· Acreage and detailed Land Use by type

· Terms of Sale

· Financing

· Buyer/Seller Motivation

· Transaction Recording Instrument

· Assessor’s Parcel Number

· Legal Description

· Current Use

· Highest & Best Use

· Legal Access

· Physical Access Type

· Hazards or Detrimental Conditions

· Marketing Time

· Site Improvements

· Complete Description and estimated Monetary Contribution of each Improvement and/or other considerations at Time of Sale

· Non-fee Contributions (lease, other)

5.1.5 ANALYSIS: A detailed breakdown of the merchantable and the non-merchantable timber inventory shall be provided for each sale. The breakdown shall be provided in Excel format, with a separate file for each sale, and the file attached to its corresponding sale record in the electronic “Rule Set Collection Form”.

5.1.6 The contractor shall work in partnership with OAS/BBP staff appraisers to derive market values for the merchantable timber provided for each sale. This value shall be based on delivered log “gate” prices current as of the date of the appraisal, from the same market area, species and grades as the subject properties. Logging costs for such factors as felling & bucking, yarding & loading, hauling, road construction and general & administrative (G&A) expenses will also be derived. The contractor shall provide all the cost and market data required to effect these analyses.

5.1.7 Separate detailed value breakdowns for the land and for the non-merchantable timber will also be derived by the contractor in partnership with OAS/BBP staff appraisers, from data provided by contractor.

5.1.8 Once all the required cost and market factors have been gathered for all the sales, the contractor shall work in partnership with OAS/BBP staff appraisers and with Quinault Nation staff to generate detailed inventory breakdowns (merchantable & non-merchantable timber, land, cost & expenses) for all the subject property tracts. This data will then form the basis upon which contractor & OAS/BBP staff appraisers will work together in order to generate cost and sales comparison, as well as potentially income approach analyses for each of the subject properties. As part of this requirement, contractor shall attend a one week working session to be held from July 27th to the 31st, 2015, or some other date as mutually agreed by all parties, at a location at or adjacent to the Quinault Nation.

5.1.9 Maintain proper records for all sales data and other evidence of market values.

5.1.10 Data accuracy shall be as close to 100% as possible and supported by a full set of range and consistency edits. All data provided shall meet the standards required by the Rule Set (Appendix 2) and by this document.

5.1.11 Evaluation of completed data collection work shall be performed promptly and reported to the Contracting Officer’s Representative (COR) for acceptance and approval. Partial deliveries of documented sales may be required at the sole discretion of the COR.

6.0 CONTRACT REQUIREMENTS:

6.1 PERFORMANCE:

6.1.1 The contractor shall provide knowledgeable and competent staff to perform the contracted work and ensure the delivery of a quality product in a timely fashion.

6.1.2 Collection, verification, documentation, and analysis of real property sale transactional data. Contractor shall specifically provide proof of experience and qualifications on the performance of such work and a narrative detailed description of the proposed methodology and work process to be followed.

6.1.3 Performance shall be measured by meeting or exceeding the delivery date, by conformance to the agreed upon methodology and work process, by the completeness of the documentation provided for each sale transaction, and by the attainment of a successful Sales Ratio Analysis for the finished appraisal product(s).

7.0 CONTRACTOR RESPONSIBILITIES:

7.1 The Contractor shall furnish and be responsible for payment of all labor, materials, transportation, travel, training, equipment, tools, operating supplies and incidentals to complete the work as specified. All work shall be performed by, or under the direct supervision of the qualified Contractor.

7.2 The Contractor shall provide technical capabilities and facilities in the sales collection, verification, documentation, and analysis process necessary for their use in the appraisal of real estate that shall conform to all applicable USPAP standards. The Contractor shall provide documentation and technical support as needed to ensure that OAS can apply the results of the contract to produce credible and acceptable appraisal results.

7.3 The contractor shall possess or obtain at own cost the Microsoft Access software, which is required for the electronic “Rule Set Collection Form”.

8.0 PERIOD OF PERFORMANCE:

8.1 The period of performance shall be staggered. The collection, verification, documentation, and analysis of timbered real property sales data shall be completed and delivered within 90 days from issuance of a written agreement to the selected contractor. The consulting services for the development of the sales, cost, and potentially the income approaches to value, and for the final reconciliation of value for the subject properties shall not exceed 150 days from issuance of a written agreement to the selected contractor.

9.0 DISCLOSURE OF INFORMATION:

9.1 Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

9.2 If public information is provided to the Contractor for use in performance or administration of this effort, the Contractor, except with the written permission of the Contracting Officer, shall not use such information for any other purpose. If the Contractor is uncertain about the availability or proposed use of information provided for the performance or administration of this effort, the Contractor shall consult with the CO regarding use of that information for other purposes.

9.3 The Contractor agrees to assume responsibility for protecting the confidentiality of government records which are not public information. Each officer or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose(s) and to the extent authorized herein.

10.0 GOVERNMENT FURNISHED PROPERTY AND MATERIALS:

10.1 GOVERNMENT FURNISHED MATERIAL

10.1.1 Map(s) specifying the Study Area where sales collection, verification and documentation of all available arms’ length sale transactions of timbered properties is to be conducted. Such material is hereby attached as Appendix 1.

10.1.2 Detailed specification of the sales data elements and their formatting to be captured for the Study Area, as required by the Rule Set (Appendix 2) and by this document. Screen copies of the mandatory electronic “Rule Set Collection Form” are hereby included as part of Appendix 2.

11.0 DELIVERABLES:

The contractor shall deliver no later than 90 days from the contract start date the following:

11.1 TIMBERED REAL PROPERTY SALES DATA: ALL arms’ length sale transactions of timbered properties occurring within the described geographic Study Area (Appendix 1) from January 1, 2011 to current date.

11.2 Standard write-up for each sale in a properly filled electronic “Rule Set Collection Form”, documenting in a consistent format all the required data elements for each sale as defined by the issued Rule Set (Appendix 2) and by this document.

11.3 Electronic copies of the Deed of Trust for each sale, as well as other recorded transfer instruments (Excise Tax Affidavits and/or others) and Plat Maps as per items 5.1.2 and 5.1.3 above. All documents or images shall be provided as Portable Document Format (PDF) files and all photographs, if any, shall be in compressed JPG files. Each document, photograph or image shall be provided as a separate file and properly attached to their corresponding record in the electronic “Rule Set Collection Form”.

11.4 Electronic copies of the Excel worksheet with the detailed breakdown of the merchantable and the non-merchantable timber inventory for each sale, land valuation and cost & expenses. This file shall be attached to its corresponding sale record in the electronic “Rule Set Collection Form”.

11.5 Deliverable timelines for the sales data will not exceed 90 days from contract start date. All the above deliverables shall be provided to:

Department of the Interior

11.6 Once all the above deliverables have been submitted, the contractor will be required to work in partnership with OAS/BBP staff appraisers, in a period of time that shall not exceed 150 days from issuance of the written agreement, gathering all the required data elements and factors for the subject properties; performing the required analyses and other work that may be necessary for the development of the sales, cost, and potentially the income approaches to value; and on the final reconciliation of value for the subject properties.

12.0 MEASUREMENT AND PAYMENT:

12.1 As authorized by CFR 1315.4(b) (1) (ii) (B) – The Government shall have 30 calendar days to review and approve or disapprove the deliverable(s) and subsequent invoice(s) for services provided under this contract. Deliverables that are not in conformance with the requirements of this contract will be returned to the Contractor for correction.

12.2 The Contractor shall have a maximum of 7 calendar days after receipt of the returned deliverables to correct the deficiencies and return them to the Government. An invoice will be considered proper for the purposes of the Prompt Payment Act (and calculation of any interest due) only after approval of the deliverables has occurred or the 30 calendar day period described above has elapsed.

12.3 For deliverables (and any subsequent revisions) returned to the Contractor for correction, the Government has an additional 30 calendar days, not counting the day of receipt, to review and approve or disapprove any revised/corrected deliverables.

12.4 Payment: Payment will be made in accordance with the below table. Following acceptance of the deliverables by the Government, the Contractor shall be able to invoice as follows:

13.0 CONTRACT COMPLIANCE INSTRUCTIONS:

13.1 Contract time extensions are not automatic due to the negative chain reactions that occur in the legal or property transactions dependent upon the appraisal results. The Contractor shall contact Contracting Officer in writing, requesting any such extensions. Granting of any extensions shall be at the sole discretion of the Government.

14.0 TECHNICAL CONTACT:

Technical Contact is:

Mr. Alberto Ugás, Supervisory Review Appraiser Department of the Interior Office of Special Trustee for American Indians Office of Appraisal Services ~ Buy Back Program 4400 Masthead St. NE Albuquerque, New Mexico 87109

(505) 816-1271 Email: Albert_Ugas@ost.doi.gov Contracting Officer Representative is:

Roxane Poupart, Review Appraiser Department of the Interior Office of Special Trustee for American Indians Office of Appraisal Services ~ Buy Back Program 4400 Masthead St. NE Albuquerque, New Mexico 87109

(505) 238-5368 Email: Roxane_Poupart@ost.doi.gov

52.252-1 Solicitation Provisions Incorporated by Reference.

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov

52.212-2 Evaluation—Commercial Items.

EVALUATION—COMMERCIAL ITEMS (OCT 2014)

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

1) Demonstrated experience in gathering and processing real property sales data. Include: a) brief narrative describing the experience; and b) 3 references who can validate your experience.

2) Demonstrated experience in quality control. Include: a) current copy of a data collection quality control inspection report from a similar assignment, independently performed by jurisdiction staff, audit firm, project consultant, or an oversight agency; and b) Quality Control Plan detailing the methodology for ensuring accuracy and timeliness in data collection, data entry, and evaluation of completed data collection work.

3) Staffing Plan. The Staffing Plan needs to include: a) employee/subcontractor mix; b) identification of key personnel and each individual’s specific roles/assignments, and qualifications of each individual; and c) identification of subcontractor(s) and their specific roles/assignments, and the qualifications of each subcontractor(s).

Technical and past performance, when combined, are equal to price.

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

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

(End of provision) 52.212-3 Offeror Representations and Certifications—Commercial Items.

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAR 2015)

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database 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 Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(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 o 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 o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

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

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

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

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

(i) It o has developed and has on file, o 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 o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

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

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

[List as necessary]

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

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

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

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

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

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) 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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.

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

(2) o Have, o 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) o Are, o 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) o Have, o have not, within a three-year period preceding this…