RFP_for_Catholic_Director.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

CLAUSE Subparts 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposal are being requested and a written solicitation will not be issued. The solicitation number is FA449716RCADR and this solicitation is being issued as a

Request For Proposal . The Offeror must proposal on an all or none basis. The Government intends to award a Firm Fixed Price Contract of Base Period with four (4) option years. The Government will award a contract resulting from this solicitation to the responsible contractor that meets the minimum technical requirement at the lowest price. Since award will be made without discussions, it is highly encouraged to proposal your most advantageous pricing in your initial response. The solicitation document, incorporated provisions, and Clauses are those in effect through the Federal Acquisition Circular 2005-88 and Defense Acquisition Circular 20160607. This is a 100% small business set-aside. The North

American Industry Classification System Code (NAICS) is 711130, size standard $11 million.

Instructions to vendors:

Note 1: To assure timely and equitable evaluation of the proposal. The offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

Note 2: The contractor agrees to hold the prices in its proposal firm for at least 30 calendar days from the date specified for receipt of proposal, unless another time period is specified.

Note 3: The contractor shall include the provisions at 52.212-3, Representation and Certifications-

Commercial Items. And shall be registered in System for Award Management (SAM) Registration:

https://www.sam.gov/portal/public/SAM/

Note 4: Contractors are hereby notified that initial proposal which are found incomplete may be rejected without affording the contractor an opportunity to satisfy the requirement of this RFP. Notwithstanding the information included in support of the offeror’s technical capability, the contractor must meet all requirements of this Request For Proposal.

The Government will award a contract resulting from this solicitation to the responsible contractor that submitted a complete package according to this RFP and meets the minimum technical requirement at the lowest price.

The Government intends to award without discussions. Therefore contractors are encouraged to offer their most advantageous/best proposal . The contractor shall submit their completed proposal by Wednesday, 03 August 2016 at (1:00 PM) EST to the contracting office by email in order to be considered for award.

If you have any questions, please send them to the POC below by Wednesday, 20 July 2016 at (3:00PM)

EST.

POC information: John P. Porter, CIV, USAF

302-677-3744

John.Porter.23@us.af.mil

ALT POC: Melvin G. Mitchell, TSgt, USAF

302-677-5104

Melvin.mitchell.1@us.af.mil

The contractor shall provide the service listed below for Dover AFB:

ITEM # DESCRIPTION QTY UNIT Unit Price Total Price

Catholic Director of Music Ministries (Base Year)

POP: 22 Sep 2016 – 21 Sep 2017

Units

Catholic Director of Music Ministries (Option Year 1)

Catholic Director of Music Ministries (Option Year 2)

Catholic Director of Music Ministries (Option Year 3)

Catholic Director of Music Ministries (Option Year 4)

*Service will be performed at 419 12th Street, Dover AFB, DE 19902-5202*

Attachments:

1. Performance Work Statement

Additional Information:

1. All prospective vendors shall participate in an interview and audition on Tuesday, 19 July 2016 starting at 10:00 PM EST. Vendor interviews and auditions will be scheduled in 30 minute increments until all vendors have had an opportunity to interview and audition. Participation is required for award consideration. The interview will take place at 639 Atlantic St, Dover AFB, DE 19902. The audition will take place at the Base Chapel, 419 12th Street, Dover AFB, DE

19902. If you are interested, please send the full names, social security numbers, dates of birth, driver’s license/state, and contact information of all attendees to John Porter at the referenced email address. You must submit the names no later than Friday, 15 July 2016 at 2:00 PM EST.

The solicitation and subsequent award for this acquisition contains the Clause at CLAUSE 52.217-8, Option to Extend Services. This option to extend the contract term is evaluated as part of the initial evaluation, so that any resultant exercise of this option is within scope of the pending contract. The inclusion of this Clause provides up to six (6) months of continued performance when it is in the

Government’s best interest to continue performance after the end of the final contract performance period. If conditions warrant the exercise of this option, the price(s) for the continued performance under this Clause shall be at the same price(s) as the prior performance period.

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 IAW

CLAUSE 52.107 or view in the sites mentioned in provision 52.252-1 and Clause 52.252-2.

PROVISIONS INCORPORATED BY REFERENCE

Clause 52.202-1, Definitions

Clause 52.203-3, Gratuities

Clause 52.203-6 ALT I, Restrictions on Subcontractor Sales to the Government

Clause 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions

Clause 52.203-12, Limitations on Payments to Influence Certain Federal Transactions

Clause 52.204-4, Printed or Copied Double-sided on Postconsumer Fiber Content Paper

Clause 52.204-7, System for Award Management

Clause 52.204-9, Personal Identity Verification of Contractor Personnel

Clause 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

Clause 52.204-13, System for Award Management Maintenance

Clause 52.204-16, Commercial and Government Entity Code Reporting

Clause 52.204-19, Incorporation by Reference of Representations and Certifications

Clause 52.209-5, Certification Regarding Respnsibility Matters

Clause 52.209-6, Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended or Proposed Debarment.

Clause 52.217-5, Evaluation of Options

Clause 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran – Certification

Clause 52.237-1, Site Visit

PROVISIONS INCORPORATED BY FULL TEXT

Provision 52.252-1, Solicitation Provisions Incorporated by Reference

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

Clause 52.212-1 - INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

ADDENDUM 1 TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FEB

2012) (IAW 12.302(a))

The proposed instructions in this section are designed to assist offerors in preparing a complete response that reflects a full understanding of the approach proposed to accomplish all work required herein.

Offeror(s) shall describe in detail their proposed approach. Offeror(s) shall use the Government provided Performance Work Statement (PWS)/Specifications to develop their technical approach.

Offeror(s) shall specifically explain how their approach will meet the key requirements of the PWS.

Failure to meet a requirement shall result in an offer being ineligible for award. Each Offeror is required http://farsite.hill.af.mil/vffara.htm to submit their proposal as specified in CLAUSE Provision 52.212-1, Instructions to Offerors --

Commercial Items and Addendum 1.

Please ensure a Wide Area Work Flow (WAWF) account has been initiated or is already established. All invoices shall be submitted using WAWF. Use of WAWF will speed up your payment processing time and allow you to monitor your payments status online. Wide Area

Workflow is the Dept. of the Air Force’s mandatory method of electronic invoicing. More information can be found at https://wawf.eb.mil. To get more information about how to register for WAWF contractors can go to the following web site and download the Contract Pay information: http://www.dfas.mil/contractorsvendors.html

The Offeror must be registered and current in the System for Award Management website

(https://www.sam.gov/portal/public/SAM/), no exceptions.

Submission of Offers:

1. General Instructions:

a. Interested parties capable of providing the specified services must submit a written offer via email directly to: John P. Porter and Melvin G. Mitchell e-mail: john.porter.23@us.af.mil and melvin.mitchell.1@us.af.mil following the instructions provided in the solicitation document.

b. Do not send as an executable or .exe file. Email size shall not exceed five megabytes. Documents may be compressed (zipped) using WinZip latest version. Any corrupted file or media containing a virus could result in the offer not being considered for award.

c. Software Compatibility. Use a word processing and spreadsheet program compatible with Microsoft

® Word ® and Microsoft ® Excel ®. PDF is Adobe ® Portable Document Format.

d. Solicitation Questions. Any questions relating to this solicitation and attachments shall be submitted in writing preferably by email, addressed to the Contract Specialist and Contracting Officer noted in paragraph (i) above by 2:00 PM (Eastern Standard Time (EST), Dover, DE) on 20 July 2016. Any questions received after this date may not be answered due to time constraints of the solicitation.

e. The overall evaluation methodology will be based on Lowest Price Technically Acceptable (LPTA).

The evaluation criteria are divided into two factors: Price and Technical Capability.

f. The Offeror’s proposal shall include all data and information requested and must be submitted in accordance with these instructions. Failure to submit proposals as outlined below may render a vendor ineligible for award.

g. The proposal shall not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements.

Offerors shall assume that the Government has no prior knowledge of their experience and will base its evaluation on the information presented in the offeror’s proposal. The offeror’s proposal must convey to the Government that the offeror is capable; possesses sufficient technical expertise and experience; possesses sufficient resources; and is able to plan, organize, and use those resources in a coordinated and timely fashion such that technical requirements will be achieved.

2. Offeror’s proposal shall consist of a cover letter and two (2) separate volumes:

https://wawf.eb.mil/ http://www.dfas.mil/contractorsvendors.html mailto:melvin.mitchell.1@us.af.mil

Cover Letter shall include the following:

Company point of contact with email, phone and facsimile number

Cage Code & DUNS number

A statement that your company understands the requirements specified in the Performance Work

Statement (PWS) and will meet the performance standards and requirements therein.

Note: Air Force Instructions (AFI) listed in the PWS can be access at the following website:

http://www.e-publishing.af.mil/.

A statement that your company does or does not take exception to any of the requirements of the

PWS or terms/conditions of the resulting contract.

a. Volume I - Price

PRICE: Insert proposed unit and extended prices in the pricing schedule. The extended amount must equal the whole dollar unit price multiplied by the number of units. The proposal(s) must be submitted for a base period plus four (4) option years.

b. Volume II - Technical Capability

Technical Capability Factor Ratings: The technical rating evaluates the quality of the offeror’s technical capablities. The contractor shall provide the following:

i. Documentation of least a (2) year degree in music and/or certification by appropriate professional organizations is required. BA degree in Music or related fields preferred.

ii. Documentation reflecting knowledge of the theology, flow, and parts of various forms of

Catholic Mass and other liturgical activities

iii. Documentation with a minimum of (3) years experience accompanying choirs, vocals, and instrumentalists; a minimum of (3) years experience playing an instrument i.e. organ, piano, electric keyboard, guitar.

iv. Reading and interpretation of vocal and instrumental scores.

v. Documentation included in resume of the following is required: minimum of (3) references, minimum of (2) years’ experience as a Catholic Church musician at a military installation and/or at least (2) years’ experience as a volunteer in a Catholic Church choir at a military installation.

Note: To ensure timely and equitable evaluation of Proposal , offerors must follow the instructions contained herein. Offerors are required to meet all solicitation and performance work statement requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors.

http://www.e-publishing.af.mil/

(End of Addendum)

ADDENDUM TO 52.212-2 – Evaluation

Addendum to CLAUSE 52.212-2:

BASIS FOR CONTRACT AWARD:

Competing offerors will be evaluated based on the lowest priced offeror whose proposal is determined to be technically acceptable in this competitive selection. The Government expects to award one firm-fixed price contract as a result of this solicitation. The Government reserves the right to award without discussions or make no award should no vendor prove to be an acceptable offeror based on the criteria set forth in the solicitation. The US Government will make an award to the responsible (IAW the Federal Acquisition Regulation [CLAUSE]) contractor whose offer conforms to the solicitation and are determined to be the most advantageous to the Government considering price and non-price factors.

The following factors shall be used to evaluate offers:

1) Lowest Price

2) Technically Capability

A. PRICE: The Government will evaluate offers based on prices proposed for base year, four (4) option years, six (6) month extension and any other price related factors required by the solicitation. The offeror’s proposal will be evaluated for reasonableness and total evaluated price.

i. Reasonableness: The existence of adequate price competition is expected to support a determination of reasonableness. Price analysis techniques may be used to further validate price reasonableness. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis, other techniques will be used.

ii. Total Evaluated Price (TEP): The Government will utilize the following methodology to determine the TEP of each proposal. The TEP will be calculated for evaluation purposes only.

The TEP will be calculated by evaluating offeror’s unit and total price of all CLINS.

• CLINs will be calculated by multiplying the proposed unit price by the corresponding quantity. The sum of all the CLINs evaluated prices will represent the total evaluated price. Award will be made to the responsible offeror that represents the best value to the US Government.

B. TECHNICAL CAPABILITY: The Government will evaluate the Technical factor on an

Acceptable/Unacceptable basis. If paragraph i, ii, iii, iv, and v. are not submitted with the proposal, the proposal shall be considered unacceptable and shall be removed from consideration.

Potential contractors will be evaluated on the factors listed below during the contract proposal review process. The contractor at a minimum shall illustrate they have experience in accomplishing the following tasks:

i. Two (2) year degree in music and/or certification by appropriate professional organizations is required. BA degree in Music or related fields preferred.

ii. Knowledge of the theology, flow, and parts of various forms of Catholic Mass and other liturgical activities

iii. Audition to show experience accompanying choirs, vocals, and instrumentalists; play with an instrument i.e. organ, piano, electric keyboard, guitar.

iv. Audition to show proficiency reading and interpretation of vocal and instrumental scores.

v. Show in documentation a minimum of (2) years experience as a Catholic Church musician at a military installation and/or at least (2) years experience as a volunteer in a Catholic Church choir at a military installation.

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

End of Addendum

CLAUSES INCORPORATED BY REFERENCE

Clause 52.204-9, Personal Identity Verification of Contractor Personnel

Clause 52.204-13, System for Award Management Maintenance

Clause 52.212-4, Contract Terms and Conditions-Commercial Items

Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders-

Commercial Items. The following CLAUSE Clauses cited in this Clause also applies:

Clause 52.203-6 ALT I, Restrictions on Subcontractor Sales to the Government

Clause 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards, Clause 52.209-6, Protecting the Government's Interest when Subcontracting with Contractors

Clause Debarred, Suspended, or Proposed for Debarment, Clause 52.219-6, Notice of Total Small Business Set Aside, Clause 52.219-8, Utilization of Small Business Concerns

Clause 52.219-9, Small Business Subcontracting Plan

Clause 52.219-14, Limitations on Subcontracting

Clause 52.219-16, Liquidated Damages- Subcontracting Plan

Clause 52.219-28, Post Award Business Program Representation, Clause 52.222-3, Convict Labor, Clause 52.222-17, Nondisplacement of Qualified Workers

Clause 52.222-21, Prohibition of Segregated Facilities, Clause 52.222-26, Equal Opportunity, Clause 52.222-35, Equal Opportunity for Veterans

Clause 52.222-36, Affirmative Action for Workers with Disabilities

Clause 52.222-37, Employment Reports on Veterans

Clause 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

Clause 52.222-41, Service Contract Act of 1965

Clause 52.222-43, Fair Labor Standards Act and Service Contract Act- Price Adjustment (Multiple Year and Option Contracts)

Clause 52.222-50, Combating Trafficking in Persons, Clause 52.222-54, Employment Eligibiltiy Verification

Clause 52.222-55, Monimum Wages Under Executive Order 13658 (Dec 2014)

Clause 52.223-5, Pollution Prevention and Right-to-Know Information

Clause 52.223-10, Waste Reduction Program

Clause 52.223-18, Contractor Policy to Ban Text Messaging While Driving, Clause 52.224-1, Privacy Act Notification

Clause 52.224-2, Privacy Act

Clause 52.225-13, Restriction on Certain Foreign Purchases, Clause 52.225-25, Prohibition on Engaging in Sanctioned Activites Relating to Iran- Certification

Clause 52.228-5, Insurance- Work on a Government Installation

Clause 52.229-3, Federal, State, and Local Taxes

Clause 52.232-18, Availability of Funds

Clause 52.232-33, Payment by Electronic Funds Transfer, Clause 52.232-39, Unenforceability of Unauthorized Obligations

Clause 52.232-40, Providing Accelerated Payments to Small Bussiness Contractors

Clause 52.233-2, Service of Protest

Clause 52.233-3, Protest After Award, Clause 52.233-4, Applicable Law for Breach of Contract Claim

Clause 52.237-2, Protection of Government Buildings, Equipment, and Vegetation

Clause 52.239-1, Privacy or Security Safeguards

Clause 52.242-13, Bankruptcy

Clause 52.242-15, Stop-Work Order

Clause 52.245-9, Use and Charges

Clause 52.252-6, Authorized Deviation in Clauses

Clause 252.201-7000, Contracting Officer’s Representative

Clause 252.203-7000, Requirements Relating to Compensation of Former DoD Officials

Clause 252.203-7002, Requirement to Inform Employees of Whistleblower Rights

Clause 252.204-7003, Control of Government Personnel Work Product

Clause 252.204-7004, Alternate A System for Award Management

Clause 252.204-7012, Safeguarding of Unclassified Controlled Technical Information

Clause 252.209-7001, Discolosure of Ownership or Control by the Government of a Terrorist Country

Clause 252.209-7004, Subcontracting with Firms That Are Owned or Controlled by the Government of a

Terrorist Country

Clause 252.209-7998, Representation Regarding Conviction of a Felony Criminal Violation Under Any

Federal or State Law

Clause 252.223-7006, Prohibition on Storage and Disposal of Toxic and Hazardous Materials

Clause 252.225-7012, Preference for Certain Domestic Commodities

Clause 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State

Sponsor of Terrorism

Clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

Clause 252.232-7010, Levies on Contract Payments

Clasue 252.234-7002, Earned Value Mangement System

Clause 252.243-7002, Request for Equitable Adjustment

Clause 252.247-7023, Transportation of Supplies by Sea

CLAUSE 52.212-3 ALT 1, Offerors Representation and Certifications- Commercial Items

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 http://www.acquisition.gov/ and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern—

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

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

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

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

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

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

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

States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR

124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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 CLAUSE 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 CLAUSE 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 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 https://www.acquisition.gov/ 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 (CLAUSE)

52.225-1, Buy American – Supplies, is included in this solicitation.)

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

States” are defined in the Clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

CLAUSE Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the

Clause at CLAUSE 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf

(COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the Clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

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

American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or

Peruvian End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the Clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If

Alternate I to the Clause at CLAUSE 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the Clause of this solicitation entitled “Buy American—

Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If

Alternate II to the Clause at CLAUSE 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If

Alternate III to the Clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade

Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the Clause of this solicitation entitled “Buy American—Free Trade

Agreements—Israeli Trade Act”:

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

(5) Trade Agreements Certificate. (Applies only if the Clause at CLAUSE 52.225-5, Trade

Agreements, is included in this solicitation.)

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

Clause of this solicitation entitled “Trade Agreements.”

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

Other End Products

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

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

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

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

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a

Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this Clause; and

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C.

§6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

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

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C.

§6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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

(the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

[The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or

Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

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

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total…