1 Solicitation Amendment FA251720R00060003 SF 30.pdf

R

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Contract Clauses

Miscellaneous text in this section has been modified to:

Addendum to FAR 52.212-1, Instructions to Offerors - Commercial (Deviation 2018-O0018)

1. This contract requires services to perform HVAC, CRAC and electrical systems support services 24 hours a day, seven days a week, and 365 days a year in accordance with (IAW) the attached Performance Work Statement (PWS).

2. This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract with a five (5) year ordering period plus a six (6) month option period to extend services. The solicitation is issued as a competitive 8(a) set-aside.

Minimum contract value is $2,500. Maximum contract value is $9,990,000.00.

3. The Government intends to award a Firm-Fixed Price (FFP) contract for NAICS code 238220, Plumbing, Heating, and Air-Conditioning Contractors. Below are the base contract line items (CLINs) for this requirement (See Attachment).

CLIN 0001 - Preventative Maintenance (PAFB Proper) CLIN 0002 - Routine Call Outs (PAFB Proper) CLIN 0003 - Emergency Call Outs (PAFB Proper) CLIN 0004 - HVAC/CRAC Maintenance (PAFB Building 2) CLIN 0005 - Parts for repair, upgrades, and replacement

4. Please provide a Firm Fixed-Price Proposal.

5. Please provide a 120 calendar day acceptance period for your proposal.

6. A site visit will be held at 08:30 A.M. MST 05 August 2020 at Peterson Air Force Base (PAFB). Parties will meet at the PAFB visitor center. All parties must arrive on time to the main lobby of the visitor center in order to prevent delay to the site visit itinerary. Attendees will be escorted to selected locations on PAFB from 0900 to 1200. A break for lunch (not provided) will be scheduled from approximately 1200-1300. Offerors will then be escorted at Building 2 from approximately 1300-1500.

a. In order to gain access to PAFB, an Entry Authorization Listing (EAL) document must be completed and returned via email to TSgt Jozlyn Brewton; jozlyn.brewton@us.af.mil, (P) 719-556-6571 AND Victoria Ambrose at victoria.ambrose.1@us.af.mil, 719-556-9789 NLT 12:30 P.M. MST, 03 August 2020. In order to attend the site visit, potential offerors MUST submit a completed EAL (See Attachment 5).

7. All offeror questions shall be submitted in writing to: Victoria Ambrose at victoria.ambrose.1@us.af.mil AND TSgt Jozlyn Brewton at jozlyn.brewton@us.af.mil NLT 09:00 A.M. MST, 13 August 2020. The Government will attempt to provide responses to questions received after that date and time, but no guarantee is made that a response will be provided.

8. Contractor Proposals shall be submitted to Victoria Ambrose, victoria.ambrose.1@us.af.mil AND TSgt Jozlyn Brewton, at jozlyn.brewton@us.af.mil. It is the sole responsibility of the offeror to ensure its proposal is received on time in its entirety.

FA251720R00060003

9. The offeror shall submit a proposal that addresses the below evaluation factors. All proposed pricing shall be rounded to the nearest two decimal points.

a. Factor 1 - Price: The contractor shall submit proposed pricing for HVAC/CRAC repair services by completing the Pricing Worksheet found at Attachment 3 of this solicitation and returning it in its entirety with the proposal. The offeror does not need to enter pricing in the Supplies or Services and Prices/Cost section of the SF1449 Solicitation form but is still required to submit a signed copy of the SF 1449 Solicitation form.

i. Item Numbers X001 and X004 for preventative maintenance shall be proposed as a monthly FFP amount IAW with the PWS. **Note: Costs for parts for Preventative Maintenance, Routine Service Calls and Emergency Service Calls shall be included within the firm-fixed price for monthly services for those services. Includes requirements in the fixed price even if the contractor chooses to subcontract to another company to perform the work. Includes consumables and parts, supplies and materials needed for routine and preventive maintenance and in performance of day-to-day contract requirements.

ii. For 'Routine Service Calls' (Item Number X002) and 'Emergency Service Calls' (Item Number X003), the offeror shall propose a FFP job amount IAW the PWS and Attachment 3.

iii. Item Number X005 is the Shipping and Handling Fee for parts that may be ordered in accordance with PWS paragraph 1.2.9.1. The Government has provided a nominal amount for the Quantity of these CLINs in Attachment 3 Price Worksheet for the purpose of calculating an offeror's Total Evaluated Price. The offer shall provide its Shipping and Handling Fee as a rate. The offeror shall enter the rate in the Unit Price field as a percentage rate that shall be rounded to the nearest ten-thousandths (four decimal places). Do not change the nominal value in the Quantity field. The rate proposed will be incorporated into the contract and applied to all parts ordered under this CLIN.

iv. The Period of the Performance (PoP) for this requirement is a five year ordering period. If annual escalation is anticipated it shall be included in the contractor's proposal for all five years under the 'Price List' section of Attachment 3.

v. The proposal shall clearly indicate each year's pricing, identify the escalation rate applied, and ensure all rates are proposed as fully burdened rates. In the instance that a position is subject to SCA wage rates, annual escalation shall not be applied within the price list. A modification will be executed annually to incorporate a revised wage determination as applicable and as required by statue.

vi. The contractor shall propose pricing for the option to extend the period of performance of the contract by six months IAW FAR 52.217-8 by entering the same prices for the fifth year, Item Numbers E001-E005, in Item Numbers F001-F005.

b. Factor 2 - Technical

i. Sub-factor 1 - Service Summary Items: The contractor shall address their capability to meet the performance thresholds for (3) Service Summary performance objectives: Preventative maintenance, routine service call response, and mission critical response. To receive a 'pass' rating the offeror's proposal must provide a technical approach IAW the PWS that addresses how the contractor intends to approach managing the service summary items:

a. Preventative Maintenance (PWS 2.2.1.1). Complete 95% of all preventive maintenance IAW approved schedule within seven (7) calendar days of the scheduled completion date. With no more than 5% taking more than (7) days but less than (10) days.

b. Routine Service Call Response (PWS 2.2.1.3). Identify and respond to 98% of all routine service calls within 24 hours. With no more than 2% of routine service calls, identification and response, taking more than 48 hours.

c. Mission Critical Area Response (2.2.1.6). Respond to 100% of all calls for mission critical areas within seven

(7) minutes. With 0% of responses to all calls for mission critical areas occurring in more than seven (7) minutes.

ii. Sub-factor 2 - Contractor Experience: The prime offeror shall submit information for a single effort (e.g.

single task order, single purchase order, single contract, etc.) performed or managed by the prime offeror as either a prime contractor or subcontractor clearly demonstrating a comprehensive understanding of tasks required to perform heating ventilation and air conditioning (HVAC) services, which meets ALL of the following criteria:

a. Services shall be ongoing or completed within the past five (5) years from the issuance date of the solicitation

b. Commercial service contract amount of $1,000,000 or more

c. Performance is/was for HVAC and CRAC maintenance/repair servicing of the following commercial equipment: CRAC Units, Chillers, Boilers, Air Handling Units, Roof Top Units, generators, transformers, or

UPS.

d. Performance includes/included ALL of the incidental repair and maintenance services: preventative maintenance, workload management, and part(s) ordering.

The information required shall include: Contractor Name, Contract Number, Customer/company name, Verified and current Customer Point of Contact email and telephone number, Contract Title/description, Contract dollar value, Contract Period of Performance, Name of company performing work, Description of work performed by the offeror and it's clear and direct correlation to the work required under this solicitation.

c. Complete and submit in its entirety the Contractor Submittal Form, Attachment 2, with the proposal.

10. Complete the necessary Representations and Certifications in beta.SAM.gov and supplemented in full text within this solicitation. If Representations and Certifications in beta. SAM.gov are completed, state accordingly in the proposal package.

a. Joint Venture Agreements - Joint Ventures are allowable on competitive 8(a) set-asides; however, the joint venture agreement must be received by SBA prior to proposal due date and approved before award of any resulting contract, in accordance with the restrictions outlined in 13 CFR 124.513. If you are contemplating a joint venture on this project you must advise, in writing, your assigned SBA Business Opportunity Specialist (BOS) and the Contracting Officer as soon as possible. It is also recommended that the agreement be submitted as soon as practicable to ensure compliance with established regulations. Any corrections and/or changes needed can be made only when your BOS has adequate time for a thorough review before the proposal due date.

11. Provide evidence as required by the original solicitation SF 1449 and all amendments that the offeror's proposal incorporates all requirements of the solicitation and amendment as applicable.

12. Contractor Responsibility. In order to be eligible for award the contractor must be deemed responsible IAW FAR 9.1. Information obtained from other sources available to the Government such as the Contractor Performance Assessment Reporting System (CPARS) may be used as part of the responsibility determination IAW FAR 9.104-1. The Government reserves the right to obtain information relative to present and past performance from any source at its sole discretion.

13. The proposal must include a signed statement by a person authorized to obligate the company contractually, stating that the proposal and prices submitted will remain in effect for 120 calendar days after the solicitation closing.

14. Until a contract award is made, all communications with the Government concerning this solicitation shall be conducted only through the Contracting Officer. The contracting officer can be reached at aaron.

vollbracht@us.af.mil, or through Victoria Ambrose at victoria.ambrose.1@us.af.mil AND TSgt Jozlyn Brewton at jozlyn.brewton@us.af.mil.

Addendum to FAR 52.212-2, Evaluation Criteria - Commercial Items (Oct 2014).

1. The Government intends to award a contract resulting from this solicitation to the responsible offeror, whose offer conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. Award will be made on a Lowest Price Technically Acceptable (LPTA) basis. Initially the government will review all proposals to determine if each timely received proposal meets the requirements of the RFP, PWS, and government standards and regulations pertaining to the solicitation and its requirements.

Failure to meet the requirements of this solicitation may, at the Government's sole discretion, result in the proposal being determined unacceptable, being ineligible for award and eliminated at this point from the competition and further consideration. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

2. Award shall be made to the offeror with the lowest fair and reasonable price, whose proposal receives a 'pass' rating for all Technical subfactors. The following factors shall be used to evaluate each offeror's proposal:

3. Factor 1 - Price

a. The Government shall use the Contractor's completed Pricing Sheet (Attachment 3) to evaluate the contractor's proposed pricing.

b. Initially, the Government shall place in order all responsive proposals that conform to the solicitation requirements in order by price. For Evaluation purposes, total evaluated price (TEP) is calculated as follows:

Total Evaluated Price = CLIN 0001 (1 Lot = (12) Months X (5) years) + CLIN 0002 (1 Lot = (12) Months X (5) years) + CLIN 0003 (1 Lot = (12) Months X (5) years) + CLIN 0004 (1 Lot = (12) Months X (5) years) + CLIN 0005 (1 Lot = (12) Months X (5) years) + Six Month Extension (Pricing shall be IAW those proposed unit pricing for year (5), with no escalation); the six month extension shall be calculated as follows: CLIN 0001 (6 Months * Year 5 Unit Pricing) + CLIN 0002 (6 Months * Year 5 Unit Pricing) + CLIN 0003 (6 Months * Year 5 Unit Pricing) + CLIN 0004 (6 Months * Year 5 Unit Pricing) + CLIN 0005 (5000 Lots X Year 5 Unit Pricing). All proposed pricing shall be rounded to the nearest two decimal points.

c. Annual Escalation. The Period of the Performance (PoP) for this requirement is a five year ordering period. If annual escalation is anticipated, except for SCA wage rates (See paragraph 9(a)(v)), it shall be included in the contractor's proposal for all five years under the 'Price List' section of Attachment 3. Escalation pricing shall be captured in Pricing Work Sheet Item Numbers A001, A002, A003, A004, A005, B001, B002, B003, B004, B005, C001, C002, C003, C004, C005, D001, D002, D003, D004, D005, E001, E002, E003, E004, E005, F001, F002, F003, F004, F005. Escalation pricing will be evaluated as a rate of increase from previous years and will be evaluated IAW FAR 15.404-1price analysis procedures.

d. Beginning with the lowest total evaluated price (TEP) offeror, the Government will evaluate the offeror's proposed pricing worksheet (Attachment 3) for fairness and reasonableness IAW the price analysis techniques found at FAR 15.404-1. The Government will then evaluate the lowest total evaluated priced offer to determine if it is fair and reasonable, and balanced. Offers should be sufficiently detailed to demonstrate balance. The burden of proof for credibility of proposed prices rests with the offeror. The Government may also determine a proposal unacceptable should the proposed prices be materially unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more items is significantly overstated or understated as indicated by the application of price analysis techniques. Failure to propose for any category in the Price Schedule or Pricing Worksheet may cause the offeror's proposal to be rejected as unacceptable.

Offerors whose total evaluated price is unreasonable (in accordance with FAR 15.404 and FAR 31.201-3) and

/or unbalanced (in accordance with FAR 15.404-1) may not be considered for award. The Government reserves the right to hold discussions with the lowest TEP offeror.

4. Factor 2 - Technical

a. Next, the lowest priced offer with a fair, reasonable, and not unbalanced price will be evaluated for technical acceptability. The Government will evaluate technical acceptability on a pass/fail basis. ALL Technical Subfactors must be rated "Pass" to be considered technically acceptable. To be eligible for award, an offeror must have a "Pass" rating in every non-priced subfactor either on the basis of the initial proposal, or as a result of discussions, if conducted.

1. Sub-factor 1: Service Summary Items. The contractor will be evaluated on their capability to meet the following (3) performance thresholds for Service Summary performance objectives listed below. To receive a pass rating for Sub-factor 1, the offeror's proposal must address their capability to meet the required response rates and response times applicable to the following service summary items: Preventative maintenance, routine service call response, and mission critical area response.

a. Preventative Maintenance (PWS 2.2.1.1). Complete 95% of all preventive maintenance IAW approved schedule within seven (7) calendar days of the scheduled completion date. With no more than 5% taking more than (7) days but less than (10) days.

b. Routine Service Call Response (PWS 2.2.1.3). Identify and respond to 98% of all routine service calls within 24 hours. With no more than 2% of routine service calls, identification and response, taking more than 48 hours.

c. Mission Critical Area Response (2.2.1.6). Respond to 100% of all calls for mission critical areas within seven

(7) minutes. With 0% of responses to all calls for mission critical areas occurring in more than seven (7) minutes.

d. A proposal that does not address the above criteria for the contractor's capability for all three (3) service summary items required response rates and response times may not be considered further, and will be rated "Fail."

2. Sub-factor 2: Contractor Experience

a. The Government will evaluate the contractor's experience on a pass/fail basis.

b. To receive a 'pass' rating the prime offeror must submit information for a single effort (e.g. single task order, single purchase order, single contract, etc.) performed or managed by the prime offeror as either a prime contractor or subcontractor clearly demonstrating a comprehensive understanding of tasks required to perform heating ventilation and air conditioning (HVAC) services, which meets ALL of the following criteria:

i. Services shall be ongoing or completed within the past five (5) years from the issuance date of the solicitation

ii. Contract amount of $1,000,000 or more

iii. Performance was for HVAC and CRAC maintenance/repair servicing of the following equipment: CRAC Units, Chillers, Boilers, Air Handling Units, Roof Top Units, generators, transformers, or UPS.

iv. Performance includes ALL of the incidental repair and maintenance services to include but not limited to preventative maintenance, workload management, and part(s) ordering

c. Experience not meeting all of the above criteria or experience for a project performed by a proposed subcontractor that the offeror may use for performance of the solicited requirement may not be considered further, and will be rated "Fail."

5. Contractor Responsibility. In order to be eligible for award the contractor must be deemed responsible IAW FAR 9.1. Information obtained from other sources available to the Government such as the Contractor Performance Assessment Reporting System (CPARS) may be used as part of the responsibility determination IAW FAR 9.104-1. The Government reserves the right to obtain information relative to present and past performance from any source at its sole discretion.

6. Award Process.

a. Upon evaluation, if the lowest priced TEP evaluated proposal with a fair, reasonable, and not unbalanced price is rated 'Pass' for all Technical Subfactors, the offer is considered technically acceptable and represents the best value for the Government, and the evaluation process stops at this point. Award will be made to that offeror without further consideration of any other offers. If the lowest priced TEP evaluated proposal is not rated 'Pass' for all Technical Subfactors, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is rated 'Pass' for all Technical Subfactors or until all offerors are evaluated. If an offer other than the lowest priced TEP proposal is found technically acceptable, the Government reserves the right to consider all offers evaluated for price and technical up to that point. The Government reserves the right to enter discussions at any time or cancel the solicitation at any time.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ (End of clause)

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-7 Anti-Kickback Procedures.(MAY 2014) 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (SEPT 2007) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017) 52.204-7 System for Award Management. (OCT 2018) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-16 Commercial and Government Entity Code Reporting (JULY 2016) 52.204-17 Ownership or Control of Offeror (JULY 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JULY 2016)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2018) 52.216-4 Economic Price Adjustment-Labor and Material. (JAN 2017) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment. (FEB 2002) 52.232-18 Availability of Funds. (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.237-1 Site Visit (APR 1984) 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (APR 1984) 252.201-7000 Contracting Officer's Representative (DEC 1991) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013) 252.203-7003 Agency Office of the Inspector General (AUG 2019) 252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV 2011) 252.204-7000 Disclosure of Information (OCT 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (OCT 2016) 252.217-7027 Contract Definitization (DEC 2012) 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials (SEP 2014) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 252.246-7003 Notification of Potential Safety Issues (JUN 2013) 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) 252.246-7008 Sources of Electronic Parts (MAY 2018)

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (OCT 2015)

As prescribed in 9.104-7(a), insert the following provision:

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);

(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;

(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. (S) 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. (S) 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. (S) 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)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (OCT 2018)

As prescribed at 9.104-7 (b), insert the following provision:

Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision-- Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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)

(b) The offeror has does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)

ALTERNATE I (OCT 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

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 small business concern" means a small business concern-- "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 its stock is owned by one or more women; or

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

"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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(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 electronically 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 representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

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

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

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

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

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) 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 to paragraphs (c)(8) and (9): 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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the…