D16PS00254_Solicitation.docx

Solicitation Number

D16PS00254

Document Title Advisory Services for Nursery Crop Insurance Program for Temperate Plants Page

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) subpart 12.6 and 13, as supplemented with additional information included in the notice. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-87.

This acquisition is a total small business set-aside.

This contract will involve Contractor support to provide expert knowledge as it relates to temperate plants. In general, the work includes contractor support for the review and update of the Eligible Plant List and Plant Price Schedule (EPLPPS) and to provide expert technical assistance on various nursery crop insurance program issues related to field grown and containerized plant production practices, plant classification and taxonomy, hardiness zone insurability limitations, cold protection requirements, risk assessment, and plant marketing.

The resultant award will be a Time-and-Materials (T&M) type contract with travel reimbursed at cost. Other direct costs are not anticipated. The period of performance will consist of a twelve-month Base Period and four, twelve-month Optional Periods, which the Government is not required to exercise.

NAICS code Number 524298 entitled “All Other Insurance Related Activities” with a size standard of $15.0 million, and Product Service Code R410 “Support-Professional: Program Evaluation/Review/Development”.

Offeror's must also ensure that their firm is registered in the System for Award Management (SAM). For information, refer to http://www.sam.gov.

Offerors must submit all technical questions concerning this solicitation in writing by e-mail to the Contracting Officer, Melissa_Onyszko@ibc.doi.gov and Contract Specialist, Samantha_Hartman@ibc.doi.gov. All questions must be received no later than 12:00 PM Eastern Time (ET) on April 19, 2016. Acquisition Services Directorate will answer questions, which may affect offers, in an amendment to the solicitation. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective offerors. The offeror or source of the question will not be referenced when issuing an amendment to the solicitation.

CLOSING DUE DATE: April 29, 2016.

TIME: 12:00 P.M. EASTERN TIME (ET)

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

FAR PROVISION INCORPORATED BY REFERENCE

52.252-1 -- 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):

FAR Clauses: http://farsite.hill.af.mil/vffar1.htm

(End of Provision)

52.212-1 -- Instructions to Offerors -- Commercial Items (Oct 2015) is incorporated by reference.

52.216-31 – Time-and-Materials/Labor-Hour Proposal Requirements ---Commercial Item Acquisition (Feb 2007)

FAR PROVISION INCORPORATED BY FULL TEXT

52.212-1 ADDENDUM to Instructions to Offerors - Commercial Items

This effort will be performed under the authority of Federal Acquisition Regulation Parts 12 and 13. The codes for this requirement are as follows: NAICS code Number 524298 entitled “All Other Insurance Related Activities” with a size standard of $15.0 million, and Product Service Code R410 “Support-Professional: Program Evaluation/Review/Development.”

Offeror agrees to hold the prices in its offer firm for at least 60 calendar days (52.212-1 (c)).

Offeror shall submit one offer and is not encouraged to submit multiple offers (52.212-1 (e)).

GUIDELINES FOR REQUEST FOR QUOTE (RFQ)

Request for Quote (RFQ), Solicitation Number D16PS00254

The US Department of Interior, through Acquisition Services Directorate (AQD), is issuing this solicitation as a RFQ on behalf of the United States Department of Agriculture/Risk Management Agency (USDA/RMA). This requirement is for the purpose of entering into a contract to obtain the services stated in the statement of work. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-87.

Acquisition Services Directorate operates as a Federal Franchise Fund Contracting Office under the authority of the Government Management Reform Act and provides contracting support to Federal Civilian and Department of Defense Agencies. AQD will handle the solicitation and resultant contract administration, as well as payment of invoices.

PERIOD OF PERFORMANCE

AQD will award a Time-and-Materials service contract for one twelve-month Base Period, (anticipated) June 01, 2016 – May 31, 2017. The contract will also include four (4) one year options.

INSTRUCTIONS

Offeror shall submit three volumes: 1) Technical, 2) Past Performance, and 3) Price. Information included in each volume should only pertain to the subject of that volume. Any information included in the volume, but not pertaining to that volume, will be removed prior to evaluation.

Your Quote MUST include the following information on the title page of each volume:

Offeror shall complete and submit only paragraphs (b) of the 52.212-3 provision if the offeror has completed the annual representations and certification in the System for Award Management (SAM). If an offeror has not completed the annual representations and certifications electronically at the SAM website, the offeror shall complete and submit only paragraphs (c) through (o) of the 52.212-3 provision. Offeror shall also submit a completed AGAR 452.209-70 “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction (DEVIATION 2012-01)(FEB 2012)” form. The information shall be submitted with the technical quote.

VOLUME 1 -- TECHNICAL

Volume 1 - Technical Quote:

In response to this solicitation, the offeror shall submit a technical quote that contains their quoted solution(s) to the Statement of Work (SOW) objectives. The technical quote shall not include a paraphrase of the SOW. The technical quote shall include:

Technical Approach, containing a technical discussion covering the following points:

a) A discussion of how the offeror understands the work outlined in paragraph 2.3 of the SOW; a discussion demonstrating their knowledge of the current nursery program, a discussion of their knowledge of various plants that are grown in the geographic area mentioned in section 2.3, and a discussion of how the offeror would address anticipated problem areas.

b) A list of key personnel (those who would have primary responsibility for performing and/or managing the effort, including subcontractors) with their qualifications and specific experience; and specific organizational experience for previous work of this nature that the key personnel or organization have performed within the last five (5) years.

Quality Control Plan:

A Quality Control Plan that details how offeror will identify and maintain quality standards, keep the project on time during each task, and monitor and report task progress. The plan should include 1) a method to monitor and report task progress, 2) a detailed narrative specifying the quality control progress flow including who reviews, rejects, or accepts work and how that information is reported, stored, and processed, 3) what corrective actions will be taken to meet deliverable due dates if the task is off schedule, and 4) the number of productive hours each skill type will devote to quality control.

Technical Assumptions and Conditions:

The offeror shall detail all technical assumptions and conditions upon which the offeror’s quotation is based in this separately marked section. If no assumptions or conditions are taken by the contractor, this section should include the statement, “No assumptions or conditions are taken.” If the offeror fails to detail any assumptions or conditions, the Government will assume there are none.

VOLUME 2 -- PAST PERFORMANCE

The offeror will submit the following information with regards to past performance for similar work performed:

· A list of three (3) references for contracts performed within the last three (3) years for the Federal Government and/or commercial customers that demonstrate recent and relevant past performance for the type of work described in this Statement of Work.

· Include the following information:

· Project title and description;

· Contract number, type of contract, and amount;

· Government agency or organization;

· COR’s name, address and telephone number;

· Current status; (e.g. completed and/or if in progress, start and estimated completion dates.)

· Key personnel; and (please highlight those individuals who worked on the relevant project(s) and are also being proposed for this effort.)

· Any issues that occurred and how they were resolved.

· A brief narrative of why you deem the reference to be relevant to this effort and the SOW paragraph to which the reference applies.

NOTE: The government may also consider information obtained through other sources, including the Past Performance Information Retrieval System (PPIRS). Past performance information will be utilized to determine the quality of the Contractor’s past performance as it relates to the probability of success of the required effort. If a Contractor does not have a record of relevant past performance information they will not be evaluated favorably or unfavorably and be provided a neutral rating.

Past Performance Questionnaires: A past performance questionnaire is attached to the Solicitation, (Attachment 1). The Offeror is responsible for transmitting and providing the questionnaire to its references. Upon a completion of the questionnaire, the reference should send the questionnaire directly to the Contracting Officer and Contract Specialist.

The due date for submission of the past performance questionnaires is noted on the Past Performance Questionnaire attached to this solicitation.

AQD encourages Offerors to provide past performance questionnaires to references at least a week prior to the quote due date in order to ensure that the reference(s) have time to submit completed questionnaires.

Risk Management Agency (RMA) may have an Offeror’s Past Performance Information (PPI) on file to review if the offeror has had previous contracts with RMA. If the offeror is unsure if RMA has PPI on file, the offeror can e-mail the CO at Melissa_Onyszko@ibc.doi.gov, to obtain a list of RMA past performances for the respective offeror. Alternatively, if the offeror is unsure of the past performance held by RMA or if they have not had contracts with RMA in the past, offerors shall ensure they send the past performance questionnaires to references so that they may be completed. Although RMA may have past performance information on file, the offeror is still required to submit Volume 2.

VOLUME 3 -- PRICE QUOTE

The Price quote shall be separate from the technical and past performance quotes.

The Government estimates approximately 363 labor hours for each period of performance.

Offerors shall quote a not-to-exceed amount of $1,250 for travel-related costs for each period of performance.

Offerors shall submit a completed AQD Subcontracting Percentage Worksheet, Attachment 2, with the price quote.

The price quote must include a price breakdown which includes not only the total contract price, but also shows, for each period of performance, the labor categories, hours, and hourly rates in order to facilitate the Government’s assessment of price. Travel costs should be included in the calculation for each period of performance and the contract overall price. Offerors shall indicate if any subcontractor employees will be utilized. If any subcontractor employees are utilized the offeror shall provide the following information for each subcontractor, consultant, and Subject Matter Expert (SME) that will provide work under the contract:

· Name of the company or individual;

· Type of work, hourly rate, and number of hours;

· Total cost to the Government for each period of performance

Offeror shall identify if indirect rates will be applied to Other Direct Costs/Travel, and the basis for those rates.

The resultant award shall be Time-and-Materials, with travel reimbursed at cost in accordance with the FAR 31.205-46, and this contract.

Price Assumptions and Conditions:

The offeror shall detail all price assumptions and conditions upon which the offeror's quotation is based in this separately marked section. If no assumptions or conditions are taken by the offeror, this section should include the statement, "No assumptions or conditions are taken." If the offeror fails to detail any assumptions or conditions, the Government will assume there are none.

NOTE: In an effort to receive the highest quality solution at the lowest possible price the Government highly encourages offerors to provide discounts on price for this requirement.

The Government reserves the right to request additional information as may be necessary to determine the prospective offeror’s qualifications for an award or to clarify any aspects of the submission. Such information shall be furnished promptly upon the Government’s request.

GENERAL INFORMATION

Technical quotes are limited to 5 pages, on standard letter-size paper. All pages shall have a minimum of a 1-inch margin on the top, bottom, left, and right. Page numbering, offeror identification, and disclaimers may be placed in the 1-inch margin. Font size shall be no smaller than 10-point. The 1-inch margin required for text pages is not required for foldouts. Electronic versions of the quote shall be submitted in Microsoft Word™, Excel™, and Project™, Adobe Acrobat (pdf) as appropriate. The Government will not count the following documents toward the page limit:

· Charts, Tables and Graphs (when on separate pages);

· Letter of Transmittal (cover letter);

· Title Pages;

· Divider Pages;

· Table of Contents; and

· List of Exhibits

The page limits applying to the Technical Volume excludes any attachments/appendices (completed provisions, resumes).

RFQ DUE DATE:

The due date for response to this RFQ at the addresses specified below is on or before 12:00 PM ET April 29, 2016. Each volume shall be clearly marked by Volume Number and Title. The Government reserves the right to not accept quotes received after the closing date and time. It is the responsibility of the offeror to get their submission in on time and ensure successful delivery to the Government. Submission shall be via e-mail to Contracting Officer Melissa Onyszko at Melissa_Onyszko@ibc.doi.gov and Contract Specialist Samantha Hartman at Samantha_Hartman@ibc.doi.gov.

RFQ QUESTIONS:

Offeror must submit all technical questions concerning this solicitation in writing by e-mail to the Contracting Officer, Melissa_Onyszko@ibc.doi.gov and Contract Specialist, Samantha_Hartman@ibc.doi.gov. All questions must be submitted via e-mail, and received no later than 12:00 PM Eastern Time (ET) on April 19, 2016. Acquisition Services Directorate will answer questions, which may affect offers, in an amendment to the Solicitation. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective offerors. The offeror or source of the question will not be referenced when issuing an amendment to the Solicitation.

NOTE: Due to email server and pipeline limitations, please limit the size of each email with attachments to 10MB.

FAR PROVISION INCORPORATED BY FULL TEXT

52.212-2 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:

Quotation Evaluation Factors are listed in descending order of importance:

3) Past Performance

4) Price

Technical Approach/Key Personnel:

This factor evaluates the offeror’s Technical Approach for understanding of the work outlined in the SOW, their knowledge of the current nursery program, their knowledge of various plants that are grown in the geographic area mentioned in section 2.3, and their approach for dealing with potential problems. Aspects that will be considered include knowledge of the nursery plants, crop insurance, and techniques for generating useful insights into the various nursery plants. Key Personnel will be evaluated based on the individual skills, education and experience of the key personnel quoted for this project.

Quality Control Plan:

Quotes will be evaluated on the offeror’s Quality Control Plan. The Government is looking for the offeror that demonstrates the most effective, efficient and optimal technique to meet the solicitation’s goals, objectives, and requirements.

Past Performance:

The Government will evaluate the quality of previous work products the offeror and its key personnel have produced on efforts similar to the size, scope and complexity of requirements within this statement of work and the organization’s history of successful completion of projects; history of producing high-quality reports and other deliverables; history of staying on schedule and within budget; and the organization's specific experience working with clients on similar projects. The currency and relevance of information, source of the information, context of the data, and general trends in contractor’s performance will be considered. Aspects considered include the customer’s perspective on:

· Usefulness and value of the services and products delivered (e.g., recommendations in previous work products were generally adopted);

· The key objectives and initial intent of the contracts were met (customer expectations);

· Previous work products contained relatively few substantial deficiencies; and the requested corrections were quickly and correctly made or satisfactorily explained; and

· Previous work products contained detailed, logical, and insightful analysis and recommendation, use of appropriate statistical methods, insight into potential program vulnerabilities, etc.

The Government will obtain past performance information using the Past Performance Information Retrieval System (PPIRS), from historical past performance information on file, from the completed Past Performance Questionnaires, and any other sources available for Government reference.

In the event that an offeror does not have a record of relevant past performance or information on past performance is not available, the offeror will not be evaluated favorably or unfavorably; a neutral rating shall be assigned.

Price/Award:

The quoted labor rates will be evaluated to determine that they are fair and reasonable. The overall quoted price will be evaluated separately, but in conjunction with the non-price elements to ensure that the Government is awarding based on best value and at a fair and reasonable price. Overall, the Government considers price less important than the non-price evaluation factors when combined. As non-price quotations approach parity, price will become more important.

End of Part (a)

(b) Options. The Government will evaluate the offer 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)

FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Mar 2016) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) 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 the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent 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 https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

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

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

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

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

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

(2) Foreign End Products:

[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) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

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

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

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

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

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

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

Other End Products

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

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

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

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

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

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

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

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

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

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

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

(1) Listed End Product

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

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

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall 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…