RFQ_DU205NC-16-Q-_0027AVM_Aft_Gene_63016.pdf

REQUEST FOR SERVICES

1.0 Description

1.1 This is a combined Synopsis/Solicitation issued as a Request For Quotations (RFQ) under solicitation number DU205NC-16-Q-0027.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-88 updated as of May 16, 2016.

This is a 100% Small Business Set-Aside. The NAICS code is 531320 and the size standard is $7.5 million.

1.2 This contract has a base period of one year and four one-year options. This is an indefinite quantity fixed-unit-rate purchase order. During the life of the purchase order and all options, the minimum dollar amount is $27,000.00, and there is no maximum dollar amount.

1.3 The contractor must provide for Automated Valuation Model (AVM) Services for the

Atlanta Homeownership Center. The period of performance is for twelve months from the date of award, and for four option years thereafter. This is a Firm Fixed Price Contract for on-line services for the Atlanta Homeownership (HOC).

1.4 The provision at 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition. Offerors will include a completed copy of the provision at 52.212-3, Offeror

Representations and Certifications-Commercial Items, with this offer.

1.5 The clause at 52.212-5, Contract terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items, applies to this acquisition.

1.6 Quotations are due on July19, 2016, Local time. Quotation can be submitted electronically to the e-mail address of Contract Specialist Elizabeth Daniels at elizabeth.daniels

@hud.gov.

FIXED PRICES FOR SERVICES – FIXED PRICE CONTRACT

The following prices shall apply for payment purposes for the duration of the contract.

Line Item Table Title

CLIN Description Description Unit Unit

Price Price

0001 Subscription services through on-line system Via

AVM service.

Year One

(Effective date is

Date of award to one year after.

1 Year

0002 Subscription services through on-line system

Via AVM service.

Year Two

(Effective date is one year after award of the contract to two years thereafter)

1 Year

0003 Subscription services through on-line system

Via AVM service.

Year Three

(Effective date is two years after award of contract to three years thereafter)

1 Year

0004 Subscription services through on-line system

Via AVM service.

Year Four

(Effective date is three years after award of contract to four years thereafter)

1 Year

0005 Subscription services through on-line system

Via AVM service.

Year Five

(Effective date is four years after award of contract to five years thereafter)

1 Year

SECTION II – CONTRACT CLAUSES

1.8 Below are additional contract requirement(s) or terms and conditions determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices:

1.8.1 52.217-9 Option to Extend the Term of the Contract (Mar

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor no later than 30 days prior to the expiration of the contract; provided that the Government gives the

Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed the period of time in the Schedule except that extensions pursuant to FAR 52.217-

8 permit the duration to extend up to 6 months beyond the stated limit.

1.8.2 FAR 52.216-18, Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 5 years thereafter if all options are exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered

“issued” when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

1.9 FAR 52.216-19, Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than

$27,000, the Government is not obligated to purchase, nor is the

Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of NA;

(2) Any order for a combination of items in excess of

$27,000.00; or

(3) A series of orders from the same ordering office within

5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the

Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item

(or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

1.9.1 FAR 52.216-22, Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity purchase order for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The

Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.”

The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order

Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The purchase order shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the purchase order’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after expiration of purchase order.

1.10 HUDAR 2452.237-75(a) Access to HUD Facilities The Contracting

Officer will provide the contractor with the name and contact information of the Government Technical Representative (GTR) assigned to this contract. The GTR will serve as the contractor’s liaison with the Contracting Officer with regard to the conduct of work. The

Contracting Officer will notify the contractor in writing of any change to the current GTR’s status or the designation of a successor GTR.

1.10.1 HUDAR 2452.203-70 Prohibition Against the Use of Federal

Employees. (FEB 2006) In accordance with Federal Acquisition

Regulation 3.601, contracts are not to be awarded to government employees or a business concern or other organization owned or substantially owned or controlled by one or more government employees. For the purposes of this contract, this prohibition against the use of government employees includes any work performed by the contractor or any of its employees, subcontractors, or consultants.

1.10.2 HUDAR 2452.208-71 REPRODUCTION OF REPORTS. (APR 1984)

In accordance with Title I of the Government Printing and

Binding Regulations, printing of reports, data, or other written material, if required herein, is authorized provided that the material produced does not exceed 5,000 production units of any page and that items consisting of multiple pages do not exceed 25,000 production units in aggregate. The aggregate number of production units is determined by multiplying pages times copies. A production unit is one set, size 8 1/2 by 11 inches or less, printed on one side only and in one color. All copy preparation to produce camera ready copy for reproduction must be set by methods other than hot metal typesetting. The reports should be produced by methods employing stencils, masters, and plates which are to be used in single unit duplicating equipment no larger than 11 by 17 inches with a maximum image of 10 3/4 by 14 1/4 inches and are prepared by methods or devices that do not utilize reusable contact negatives and/or positives prepared with a camera requiring a darkroom. All reproducibles (camera ready copies for reproduction by photo offset methods) shall become the property of the Government and shall be delivered to the

Government with the report, data, or other written materials.

1.10.3 HUDAR 2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST. (APR

1984)

(a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a

Government contract and a Contractor's organizational, financial, contractual or other interests are such that:

(1) Award of the contract may result in an unfair competitive advantage; or

(2) The Contractor's objectivity in performing the contract work may be impaired.

(b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict.

The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interest of the Government.

(c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the

Contracting Officer, the Government may terminate the contract for default.

(d) The provisions of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest.

1.10.4 HUDAR 2452.239-71 INFORMATION TECHNOLOGY VIRUS SECURITY. (FEB

2006)

(a) The contractor hereby agrees to make every reasonable effort to deliver information technology products to HUD free of known computer viruses. The contractor shall be responsible for examining all such products prior to their delivery to HUD using software tools and processes capable of detecting all known viruses.

(b) The contractor shall include the following statement on deliveries of hardware, software, and data products, including diskettes, made under this contract:

[product description, part/catalog number, other identifier, and serial number, if any]

"This product has been scanned for known viruses using [name of virus-screening product, including version number, if any] and is certified to be free of known viruses at the time of delivery."

(c) The Contracting Officer may assess monetary damages against the contractor sufficient to compensate HUD for actual or estimated costs resulting from computer virus damage or malicious destruction of computer information arising from the contractor's failure to take adequate precautions to preclude delivery of virus-containing products in the delivery of hardware, software, or data on diskettes under this contract.

(d) This clause shall not limit the rights of the government under any other clause of this contract.

1.10.5 The Contracting Officer shall indicate whether the contractor must attend the conference in person or via electronic communication. The Contracting Officer shall use Alternate I when the Post Award Conference will be conducted by telephone or video conferencing

AS-1302 *A1 POSTAWARD CONFERENCE ALTERNATE 1

The contractor, at no additional cost to the Government, shall be required to attend a post-award conference. The conference will be conducted via telephone conferencing. The Contracting

Officer or designee will provide the contractor with the date, time and contact information for the conference.

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):

Federal Acquisition Regulations Clauses and Provisions:

http://farsite.hill.af.mil/

U.S. Dept. of HUD Regulations Clauses and Provisions:

http://portal.hud.gov/hudportal/HUD?src=program_offices/cop/hudar/huda r_toc

Statement of Work for

Automated Valuation Service (AVM)

C.1 DEFINITIONS

Atlanta HOC – Atlanta Homeownership Center, 40 Marietta St., Atlanta, GA 30303-2806

AVM - Automated Valuation Model

Contract - a mutually binding legal document obligating the contractor to furnish services and HUD to pay for them.

Contracting Officer (CO/KO) - a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

FHA - Federal Housing Administration

FHA Roster – list of appraisers posted on the FHA Connection who are approved to perform FHA appraisals.

GTM - Government Technical Monitor GTR - Government Technical Representative

HUD - U.S. Department of Housing and Urban Development. The terms "Department of

Housing and Urban Development", "HUD" and "Government" shall be synonymous and may be used interchangeably in this contract.

C.2 BACKGROUND

The Atlanta HOC has a HUD Headquarters mandated requirement to review appraisers on the FHA Roster. To facilitate this requirement, the Atlanta HOC utilizes an AVM service. An AVM is computer-generated valuation of a particular property that provides an estimate of value. The AVM provides the Atlanta HOC staff a quality assessment tool to assist in the desk review of appraisals, validate property value and facilitate determination if potential risk exists warranting recommendation for a field review of an appraisal.

C.3 SCOPE OF REQUIREMENTS

The contractor shall provide subscription services of an existing on-line system to allow appraisers in the Atlanta HOC office to access ownership and property information including: owner’s name, address, lot size, assessed values, sale date, sale price, prior sale date, prior sale price, year built, living area (sf), total rooms, number of bedrooms, number of bathrooms, stories, and other physical characteristics. Significant geographic coverage and data quality are vital.

In addition to the aforementioned, the contractor's existing on-line system shall include property details/profiles, comparable sales, street maps, transaction history, historical and present value automated valuation capabilities, parcel maps, flood maps, aerial maps, legal and vesting with transaction history, neighborhood information, document images, foreclosure property information and custom search facilities/capabilities for custom reports.

The contractor shall have an existing on-line system that allows the Atlanta HOC staff to run

AVM's, which are computer-generated valuations of a particular property that will provide

HUD an estimate of value. The contractor's existing on-line system shall include a

Government Technical Representative (GTR) controlled administration capability that will afford the monitoring and control of an individual/sub-user's access to specific reports, and daily/monthly activity. The contractor's existing on-line system shall provide information for the following states: Alabama, Florida, Georgia, Indiana, Illinois, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee. Additionally, the two U.S. territories, Puerto Rico and the Virgin Islands, if available.

There are several aspects over which an AVM could be judged: coverage, hit rates, accuracy, consistency, confidence scoring, fraud scoring, forecasting capabilities, access, speed, the ability to stay on top of current market trends, etc. The following are the minimum acceptable AVM standards.

Provide an extremely effective usable hit rate.

Provide a consistent high level of accuracy.

Daily update of data files.

The AVM should give a meaningful confidence score correlated to accuracy of value estimates. The confidence score is an indicator of the quality and quantity of the physical characteristic data and it is an indicator of the conforming nature of the subject property relative to neighboring norms.

The AVM must provide geographic coverage in the requested markets.

The AVM must be able to identify flips and fraud. It should provide sales history information for both the subject and surrounding sales to help quickly identify a possible declining or "flip" market and detect fraud. The AVM should have the ability to list the names of all sellers and purchasers in the neighborhood, which could be utilized to locate flips and fraud.

The AVM must be able to incorporate a "retro-value" functionality that allows the user to value the property historically.

The AVM must provide the sale history up to 3 years for both subject and comparables. It should produce a comprehensive comparable sales report of the closest sales to the address specified.

The AVM must give current value of subject property and a history or trend of the current sale prices in the subject neighborhood.

The AVM should ensure coverage of detached and attached single-family residences, planned unit developments, condominiums, townhouses and row houses.

It is imperative that the AVM be able to produce market value for 2-4 units properties, it cannot be limited to one-family units.

The system must be able to combine data from numerous AVMs and data/information services around the country.

The AVM should be able to produce a report detailing the rental history and rental rates for 3-4 unit properties.

The AVM should include subject property details such as census tract, county, lot size, accurate gross living area, year built, total number of rooms, bedrooms, bathrooms, amenities, days on market, tax assessment, etc.

The AVM should be able to provide a street map of selected comparables in relation to the subject.

The AVM should be able to identify proximity to environmental hazards and provide flood zone determination.

The market value suggested by the AVM should be supported by a minimum of at least 2 data sources, even in non-disclosure states. The AVM should permit the user to verify sales information for the comparables used by the appraiser.

The AVM should be able to accept user input overriding incorrect primary database information, specifically Gross Living Area, for calculation of projected value based on actual verified gross living area.

C.4. TASKS AND DELIVERABLES

The AVM provider(s) must be capable of providing reports for properties located in the following states: Alabama, Florida, Georgia, Indiana, Illinois, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. Additionally, the two U.S. territories, Puerto Rico and the Virgin Islands, if available. Maximum geographic coverage is important. To accommodate appraisal review activities, the AVM services should allow for an estimation of the value as of a specified prior date because many appraisals were performed up to two years prior to the current review. In addition to the specified AVM information, the AVM service provider must be capable of showing the property sales history (at a minimum, three years prior) and public record information including but not limited to, current owner’s name, property legal description (e.g. parcel number, tax identification number, etc.), county tax information (assessment), sale date and price, and loan information.

In addition to the aforementioned, the contractor’s on-line system shall include information on and/or access to property detail reports, comparable sales reports, assessor maps, street maps, parcel maps, flood map information, the current sales price, document images, deeds, legal and vesting, transaction history, historical and present value automated valuation capabilities, and custom search facilities/capabilities.

The historical and present value automated valuation function shall include the capability to obtain AVM’s for any effective date specified (past or present).

The custom search function shall include the capability to obtain unlimited individual sales data for any county (for example, from 1 (one) to 20,000 (twenty thousand) individual sales from Cook County, IL) for any given time (such as, the past week, the past month, the past quarter, or the past sales year, etc). The function shall allow the user the ability to select specific search criteria contained within this sales data.

The contractor’s on-line system shall provide the GTR/GTM a controlled administration capability that will provide monitoring and control of an individual’s/sub-user’s access to specific reports and daily/monthly activity. The GTR/GTM shall have the capability to provide user access, including password reset.

The subscription service must be compatible with HUD systems. HUD shall have access to administrative billing and controls, the capability to specify user data and product data, and the ability to discontinue authorized use once a pre-determined dollar amount has been reached.

The Contractor shall develop a training plan and provide training at the Atlanta HOC to all staff the will be utilizing the AVM service. The training should support all skill levels and include a hands-on module. The Contractor shall establish clear and concise training objectives and provide training material to assure the appropriate dissemination of training information.

C5. QUALITY CONTROL PLAN

The Contractor shall develop a Quality Control (QC) Plan for the contract which shall contain at a minimum:

A description of the plan or processes that will be used to monitor deliverables.

A description of the methods used for identifying and preventing a decrease in the quality of the deliverables.

C6 PAYMENT AND INVOICE

Each month the contractor must submit an invoice for each individual product ordered and provided to the Atlanta HOC for the previous month. The invoice must include a summary page containing an itemized listing by category with the number of items ordered, the cost per each item ordered and a total cost per category. Additionally, the contract number must be included on each invoice. There shall be no minimum payment during any month in which services have not been rendered.

C7 PERIOD OF PERFORMANCE

The period of performance for the base year shall be 12 months from contract award.

Each subsequent option period shall also be for a 12-month period. The total period of performance shall be for 60 months.

Contract Clauses

52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS – REPRESENTATION (DEVIATION 2015-

02)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER. (MAY 2011)

52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE (DEC 2012)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS.

(NOV 2015)

52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015)

52.212-3 Offeror Representations and Certifications -- Commercial Items

(Apr 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 (r) 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.

http://www.acquisition.gov/

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

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry

Products;

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“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.

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

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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 (r) 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.

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(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:

LINE ITEM NO. COUNTRY OF ORIGIN

[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:

Line Item No.: Country of Origin:

(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)…