RFQ_EQ10PME-16-5005.pdf

U.S. General Services Administration (GSA) Northwest/Arctic Region 10

Public Buildings Service Acquisition Division (10PQC)

400 15th St SW, Auburn, WA 98001

REQUEST FOR QUOTE (RFQ): EQ10PME-16-5005

Annual Fire Safety Inspections at Child Care Centers in WA, OR and AK

Issue Date: June 7, 2016

U.S. General Services Administration (GSA) is issuing a solicitation to invite small business firms to submit a quote for Annual Fire Safety Inspections at Child Care Centers in Washington, Oregon, and Alaska, as outlined in the Performance Work Statement (PWS). GSA intends to award an initial base contract plus two one-year option periods.

This is a combined synopsis/solicitation for commercial items (services) prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part

13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. All Offeror(s) must also be registered on www.sam.gov.

Any amendment(s) issued to this solicitation will ONLY by available on the www.FBO.gov website.

This solicitation is issued as a request for quotation (RFQ). When submitting a quote, Offeror(s) shall indicate the RFQ number EQ10PME-16-5005 on the quote. All quotes must be submitted electronically via email to the following GSA contracting officials:

Primary Contact: Min Kim, Contract Specialist Email – min.kim@gsa.gov Phone – (253) 931-7081

Secondary Contact: Heather Bowden, Contracting Officer Email – heather.bowden@gsa.gov Phone – (253) 931-7212

All quotes must be received no later than June 17, 2016 at 2:00 PM Pacific Daylight Time (PDT). All quotes or questions received after the deadline will not be entertained or responded to.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83.

This solicitation is a total small business set aside. The North American Industry Classification System Code (NAICS) is 541690 - Other Scientific and Technical Consulting Services and the size standard is $15 Million. Service Contract Act (SCA) Wage and Determination rules and regulations may be applicable to this RFQ and can be accessed at http://www.wdol.gov.

http://www.sam.gov/ http://www.fbo.gov/ mailto:min.kim@gsa.gov mailto:heather.bowden@gsa.gov http://www.wdol.gov/

Schedule of Performance:

The period of performance (POP) Period of Performance: The period of performance (POP) is August 1, 2016 through 31 July 2017 plus two one-year option periods ending 31 July 2019; if exercised.

Base Period: The Contractor shall complete annual fire safety inspections at the Child Care Centers between Aug 1, 2016 and Sep 15, 2016. The Contractor shall provide the annual fire safety inspection reports and appropriate attachment(s) within ten (10) working days after completing the inspection at the Child Care Centers. This is to ensure that the Government receives and approves the final inspection reports no later than Sep 30, 2016.

Option Period One: The Contractor shall complete annual fire safety inspections at the Child Care Centers between Aug 1, 2017 and Sep 15, 2017. The Contractor shall provide the annual fire safety inspection reports and appropriate attachment(s) within ten (10) working days after completing the inspection at the Child Care Centers. This is to ensure that the Government receives and approves the final inspection reports no later than Sep 30, 2017.

Option Period Two: The Contractor shall complete annual fire safety inspections at the Child Care Centers between Aug 1, 2018 and Sep 15, 2018. The Contractor shall provide the annual fire safety inspection reports and appropriate attachment(s) within ten (10) working days after completing the inspection at the Child Care Centers. This is to ensure that the Government receives and approves the final inspection reports no later than Sep 30, 2018.

NOTE: Once the final report is approved/accepted by the government, GSA will begin close out procedures. Option period Two’s period of performance will actually end sooner than July 31, 2019.

Checklist of Items to Submit:

PDF Document One:

Technical Information Letter

Qualifications of Contractor Personnel o Resumes o Certificates

Past Performance On Similar Projects

PDF Document Two:

GSA300, Order for Supplies and Services

Contractor Price Quote Spreadsheet in Microsoft Excel

TABLE OF CONTENTS

SECTION CONTENT

1. INSTRUCTIONS

2. TECHNICAL INFORMATION REQUIREMENTS

3. PRICE INFORMATION REQUIREMENTS

4. RESERVED

5. COMMUNICATIONS AND REVISIONS

6. SECURITY REQUIREMENTS

7. TERMS AND CONDITIONS

ATTACHMENTS:

1. GSA 300, Order for Supplies and Services

2. Contractor Price Quote Spreadsheet in Microsoft Excel

3. Performance Work Statement (PWS)

4. List of Child Care Centers

5. Quality Assurance Surveillance Plan (QASP)

6. GSA Form 3559

7. Annual Fire Safety Inspection Worksheet

8. SCA Wage Determination (King County, WA) 2005-2563, 12-29-2015

9. SCA Wage Determination (Multnomah County, OR) 2005-2441, 12-29-2015

10. SCA Wage Determination (Statewide, AK) 2005-2017, 12-29-2015

11. GSA PBS Policy and Security Document

1. INSTRUCTIONS

1.1 GSA will be accepting quotes for Annual Fire Safety Inspections at Child Care Centers in Washington, Oregon, and Alaska, as outlined in the attached Performance Work Statement (PWS) and List of Child Care Centers.

1.2 The period for Government acceptance of the quote is 60 days following the RFQ due date.

1.3 This Annual Fire Safety Inspections at Child Care Centers Project is being procured as a RFQ as authorized by parts 12, 13 and/or 15 of the Federal Acquisition Regulation (FAR) and the General Service Administration Acquisition Manual (GSAM) located at https://www.acquisition.gov/?q=browsefar and https://www.acquisition.gov/?q=browsegsam.

1.4 The Government intends to award one Task Order for Annual Fire Safety Inspections to the Offeror providing the technically acceptable and lowest price quote, which represents the best value (lowest price technically acceptable) to the Government considering the technical factors in combination with price. Selection of the firm will be based on the evaluation factors located in paragraph 2.3.

1.5 This RFQ does not commit the Government to award a contract or to pay any costs incurred in technical information and quote preparation.

1.6 The Government will evaluate the quality and extent of the Offeror’s experience relevant to the requirements of this RFQ. The Government reserves the right to consider other sources of information such as current and past procurements, other federal agency contracts, commercial sources, and the Past Performance Information Retrieval System (PPIRS). The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirements, when such information is relevant to the acquisition.

1.7 Technical Information will be evaluated separately from the price quote by a technical team and should be clearly labeled as the “Technical Information”. Price shall not be discussed in the technical information package.

1.8 Interested firms are cautioned to submit adequate and sufficient information to enable the Government to fully ascertain its capability to perform all of the requirements of this acquisition. The data submitted with each proposal should be complete and concise but not overly elaborate.

1.9 Pursuant to FAR Part 52.204-7 (b)(1) – System for Award Management (July 2013), “by submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.”

https://www.acquisition.gov/?q=browsefar https://www.acquisition.gov/?q=browsegsam

1.10 Whenever, the words “offer,” “proposal,” “offerors,” or similar terms are used in this solicitation, they shall be read to mean “quotation,” “quoter,” or similar corresponding term to reflect that this solicitation is a request for quotation (RFQ) and not a request for proposal (RFP), or an invitation for bids (IFB).

2. TECHNICAL INFORMATION REQUIREMENT

2.1 Submit your Technical Information, to the GSA Contract Specialist, Min Kim via email to min.kim@gsa.gov, no later than June 17, 2016 at 2:00 PM Pacific Daylight Time.

2.1.1 The following information shall appear on the cover letter to be evaluated:

a) The Offeror’s name, address, phone number, fax number, and email address;

b) Date of submission and RFQ number EQ10PME-16-5005;

c) Company Contractor and Government Entity (CAGE) Code; and

d) Data Universal Numbering System (DUNS) number

2.2 The Offeror shall submit their written technical information and price quote with the following table of contents:

2.2.1 Cover Letter (No more than 1 page)

2.2.2 Technical Information (Factor 1 – Pricing shall not be mentioned) (No more than

3 pages)

2.2.3 Resumes of Key Personnel (Factor 2 – No more than 2 pages per individual outlining their qualifications) and Certificates

2.2.4 Past Experience Information Sheets (Factor 3 – Use provided attachment template)

2.3 Evaluation Factors:

2.3.1 Factor 1 – Technical Capability to meet the Government’s Requirement

a) The term “technical,” as used herein, refers to non-price factors other than past performance. More than one “technical” factor can be used and titled to match the specific evaluation criteria appropriate for the RFQ. The purpose of the technical factor is to assess whether the offer will satisfy the Government’s minimum requirements.

b) Provide (limited to three pages, each side of a sheet of paper constitutes one page) a written explanation describing:

i. Offerors must state whether they have the knowledge and ability of the requirements for fire safety testing and reporting.

ii. How the Offeror intends to comply with the Performance Work Statement (PWS) and supply of all required documentation herein.

iii. The Offeror shall “confirm that they understand the complexity and nature of the requirement, and are fully capable of providing the contracted service.”

iv. This requirement is a small business set-aside; the Offeror shall confirm mailto:min.kim@gsa.gov that they have the personnel and financial capability/capacity to perform the contract in accordance with FAR 52.219-14 -- Limitations on Subcontracting. Specifically addressing “(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for -- (1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.”

c) Technical capability will be rated on an “acceptable” or “unacceptable” basis using the ratings in Table A-1:

Table A-1. Technical Acceptable/Unacceptable Ratings Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

2.3.2 Factor 2 – Qualifications of Key Personnel (No more than 2 pages per individual)

a) Any individual(s) proposed for performing the Fire Safety Inspections shall be a Registered Fire Protection Engineer with a minimum of 10 years of experience, or a minimum of 10 years of experience in the 0804 series within the Federal Government. The Offeror is required to submit certificates and resume, and show documentation of past experience of key personnel.

b) The Offeror shall identify key personnel, explain the roles and responsibilities, and provide resumes exhibiting the qualifications and experience of each key person. Resumes shall document 10 years of experience within the last 10 years. Please include information on certifications, education, training and longevity with the firm.

c) Qualifications of Key Personnel will be rated on an “acceptable” or “unacceptable” basis using the ratings in Table A-2:

Table A-2. Qualifications of Key Personnel Acceptable/Unacceptable Ratings Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

2.3.3 Factor 3 – Present/Past Performance

a) Description: Provide a minimum of two references (i.e., name, title, telephone phone number, and project title/description) who can verify that YOUR firm provided recent services of similar scope and complexity as required herein.

"Recent" is defined as "within the past three years.” Past Performance references may be contacted. The Government may also consider any additional past performance information that is available. Offerors are reminded that, while the Government may elect to consider data obtained from other sources, the burden of providing thorough and complete performance information rests with the Offeror.

b) GSA defines similar projects as fair annual rent appraisals for federal facilities or general office buildings.

c) Standard for Evaluation: The Government will evaluate the relative merits of each Offeror’s past performance on similar projects. The minimum acceptance requirements for this factor are defined below. Specifically, the Offeror shall demonstrate itself as a business providing verifiable information and references for no more than three (3) projects completed or substantially complete (i.e. at least 75% complete) within the last three (3) years as of the date proposals are due for this Solicitation that:

i. Demonstrate ability to provide quality product or service.

ii. Demonstrate responsiveness and ability to meet performance timelines.

iii. Demonstrate ability to successfully manage costs and project budgets.

iv. Demonstrate effective management/business relations to include effective key personnel, effective coordination, and effective interaction of team members and third party agencies.

v. Demonstrate overall Customer Satisfaction

d) The present/past performance assessment will also be evaluated using information gleaned from the references provided by the Offeror, as well as any other information available to the Government to include, but not limited to the Past Performance Information Retrieval System (PPIRS) and Federal Awardee Performance and Integrity Information System (FAPIIS). If an offeror receives/received below a “satisfactory” from any references, Provided Reference, PPIRS, and/or FAPIIS, the offeror will receive and “unacceptable” rating and will no longer be considered for award.

e) Present/Past Performance will be rated on an “acceptable” or “unacceptable” basis using the ratings in Table A-3:

Table A-3. Present/Past Performance

Rating Description

Acceptable

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.).

Unacceptable

Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR

15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/ unacceptability, “unknown” shall be considered “acceptable.”

2.3.4 Factor 4 – Price (Price will not be Rated)

a) Provide inspection cost and travel cost for Contract Line Item Numbers (CLINs) 0001 through 0008.

b) Provide total of inspection cost and travel cost for the base period and two one-year option periods; if exercised.

c) Provide total quoted price of base period and two one-year option periods.

d) Price will be evaluated using various price analysis techniques and the following information:

i. Inspection Cost: the total level of effort to conduct inspections and write reports

ii. Travel Cost: the total cost to travel to the Child Care Centers in WA, OR, and AK (shall not exceed the Federal Travel Regulations (FTR) rates for the applicable geographical location http://www.gsa.gov/portal/category/100120).

iii. Total Quoted Price: The total quoted price is the sum of the inspection cost and travel cost for all the CLINs of this solicitation.

2.4 This solicitation will be evaluated using the methodology of Lowest Price Technically Acceptable (LPTA).

2.5 The award will be made to the Offeror that receives the following rating:

Factor 1 – Technical Capability – Acceptable Factor 2 – Qualifications of Key Personnel – Acceptable Factor 3 – Present/Past Performance – Acceptable Factor 4 – Price – Lowest Priced Quote after successful evaluation of Factors

1, 2 & 3

3. PRICE INFORMATION REQUIREMENT

All Offerors must submit total quoted price on the attached GSA Form 300 - Order for Supplies and Service, and complete the Contractor Price Quote Spreadsheet in Microsoft Excel. The total quoted price is the sum of the inspection cost and travel cost for all the CLINs of this solicitation. Travel costs shall not exceed the Federal Travel Regulations (FTR) rates for the applicable geographical location.

http://www.gsa.gov/portal/category/100120

4. RESERVED

5. COMMUNICATIONS AND REVISIONS

5.1 Contractors are cautioned to submit sufficient information and in the format specified in the instructions. Contractors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the contractor has not previously had an opportunity to respond. Communications may be conducted to resolve minor or clerical errors and the Government reserves the right to award a contract without the opportunity for quote revision.

5.2 The Government intends to award based on initial offers, however, reserves the right to conduct fact finding or communication sessions if the Contracting Officer later determines them to be necessary. If communication sessions are conducted, the means and methods (e.g., in person, telephonic, written) will be determined by the Contracting Officer. This may result in a request for revised price. If final price revisions will be required for award determination, at the direction of the Contracting Officer, the offeror shall then submit their Final Price Revision (FPR) for evaluation.

Final selection and award will be made by the Contracting Officer to that offeror that is determined technically acceptable and lowest price.

ADDITIONAL INFORMATION FOR YOUR CONSIDERATION

Declining to Submit a Quote:

In the event that your company declines to submit a quotation, please communicate to the Contract Specialist that you will not be submitting a quote and the reason(s) why, prior to the due date for responses to this RFQ.

Questions Concerning this RFQ:

Any questions concerning this RFQ must be submitted via e-mail to the below individual(s) by June 14, 2016 at 2:00 PM Pacific Standard Time.

Primary Contact: Min Kim, Contract Specialist

Email – min.kim@gsa.gov Phone – (253) 931-7081

Secondary Contact: Heather Bowden, Contracting Officer Email – heather.bowden@gsa.gov Phone – (253) 931-7212

6. SECURITY REQUIREMENTS

See the attached GSA Policy regarding security requirements and the Contractor’s responsibilities.

mailto:min.kim@gsa.gov mailto:heather.bowden@gsa.gov

Dissemination of sensitive but unclassified paper and electronic building information shall be made on a "need to know" basis in accordance with GSA Order PBS P 3490.2, a copy is attached.

7. TERMS AND CONDITIONS

52.204-16 --Commercial and Government Entity Code Reporting (Jul 2015)

(a) Definition. As used in this provision—

“Commercial and Government (CAGE) code” means--

(1) An identified assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via –

(1) Registration in the system for Award management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at http://www.dlis.dla.mil/cage_welcome.asp.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/nato/ObtainCAGE.asp.

http://www.sam.gov/ http://www.dlis.dla.mil/cage_welcome.asp http://www.dlis.dla.mil/nato/ObtainCAGE.asp

(d) Additional guidance for establishing and maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of provision)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015)

(a) Definition. As used in this clause—

“Commercial and government Entity (CAGE)” means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as the NCAGE code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Contractor and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration.

Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Contractor and Government Entity (CAGE) Branch. Requests for changes shall be provided on a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code, to the address shown on the back of the DD Form 2051. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau or NSPA to request CAGE changes. Points of contact for National Codification Bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/nato/ObtainCAGE.asp.

http://www.dlis.dla.mil/nato/ObtainCAGE.asp

(e) Additional guidance for maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(End of Clause)

52.209-5 -- Certification Regarding Responsibility Matters (Oct 2015)

(a)

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

(i) The Offeror and/or any of its Principals --

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

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for:

commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209- 7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

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

(1) Federal taxes are considered delinquent if both of the following criteria apply:

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

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

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §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.

(iii) 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.

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

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner;

partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2015)

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 (p) of this provision.

(a) Definitions. As used in this provision--

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

“Forced or indentured child labor” means all work or service— http://www.acquisition.gov/

(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 SAMwebsite.

(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 (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract 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 https://www.acquisition.gov/ 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 consideredcomponents 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.