FA449718R0047.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subparts 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued. This is 100% set aside for a Small Business. The solicitation number is FA4497-16-T-EXER and this solicitation is being issued as a Request for Quotation. The Government intends to award a Firm-Fixed Price Contract. The solicitation document, incorporated provisions, and clauses are those in effect through the Federal Acquisition Circular 2005- 100 and DFARS Publication Notice 20180824. The North American Industry Classification System Code (NAICS) is 611620 and the size standard is $7.5M.

The contractor shall provide the following services:

Group Exercise Instruction in accordance with the Performance Work Statement (PWS). The period of performance is 18 Oct 2018 – 17 Oct 2021 (Base Year with 2 Option Years).

Attachment 1: Performance Work Statement

Attachment 2: Wage Determination

Contractors are encouraged to offer their most advantageous/best quote. The contractor shall submit their quote by 26 Sep 2018, 1:00 PM (EST) to the contracting office by email in order to be considered. Quote is on an all or none basis and must be valid through 30 Oct 2018. All questions must be submitted by 17 Sep 2018 at 1:00 PM EST.

The following provisions and clauses apply to this acquisition and can be viewed through internet access at the Air Force FAR Site, http://farsite.hill.af.mil in accordance with 52.252-1, Solicitation Provisions Incorporate by Reference and 52.252-2, Clauses Incorporated by Reference.

The provisions at 52.212-1, Instruction to Offerors-Commercial Items.

Addendum to 52.212-1: Quote Preparation Instructions

A. To assure timely and equitable evaluation of the quote, the offeror must follow the instructions contained herein.

The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The quote shall consist of three separate parts; Part I – Price, Part II – Technical (technical meaning proof of certifications reflecting the capability that the contractor is able to meet the requirements in the PWS) and Part III – Past Performance.

B. The contractor agrees to hold the prices in its quote firm for at least 60 days from the date specified for receipt of quote.

C. 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/

End of Addendum

Evaluation Factors: Lowest Price Technically Acceptable (LPTA).

PART I – PRICE

Please submit price quote in the following format:

Line Item Description Qty Unit Price Per Unit Extended Price

0001 Group Exercise Instruction in 972 Each http://farsite.hill.af.mil/ https://www.sam.gov/portal/public/SAM/ accordance with the Performance Work Statement (PWS). Period of Performance 18 Oct 18 – 17 Oct 19

Group Exercise Instruction in

Statement (PWS) Option Year 1. Period of Performance 18 Oct 19 – 17 Oct 20

972 Each

Group Exercise Instruction in

Statement (PWS) Option Year 2. Period of Performance 18 Oct 20 – 17 Oct 21

972 Each

The extended amount must equal the unit price multiplied by the quantity.

PART II – TECHNICAL CAPABILITY

The technical approach shall, at a minimum, be prepared in a format consistent with the evaluation criteria for award set forth in the addendum to FAR clause 52.212-2, of this solicitation. The Technical qualification shall be a stand-alone document containing all information necessary for the Government to perform a complete technical evaluation.

A. The Offeror shall provide sufficient detail (Capability Statement) to substantiate the validity of all stated assertions. To facilitate evaluation, the information provided should be specific, detailed, and clearly demonstrate that the Offeror has a thorough understanding of the requirement for the accomplishment of this offer.

B. Offerors shall provide Group Exercise Instructor certifications within their quote from one of the following Air Force accepted certifying organizations in accordance with paragraph 1 of the PWS.

• American Aerobic Association International/International Sports Medicine Assoc. (AAAI/ISMA)

• Aerobic and Fitness Association of America (AFAA)

• American Council on Exercise (ACE)

• American College of Sports Medicine (ACSM)

• American Fitness Professionals and Associates (AFPA)

• Cooper Institute (CI)

• National Association for Fitness Certification (NAFC)

• National Aerobics & Fitness Trainer Association (NAFTA)

• National Exercise Trainers Association (NETA)

• Professional Fitness Instructor Training (PFIT)

• World Instructor Training Schools (WITS)

In addition, copies of cardiopulmonary resuscitation (CPR) certification must be provided for each instructor from one of the following organizations:

• American Heart Association

• American Safety and Health Institute

• Red Cross

*OFFEROR MUST PRESENT A COPY OF BOTH CERTIFICATIONS FOR EACH POTENTIAL

INSTRUCTOR.

PART III - PAST PERFORMANCE: The contractor shall provide a list of no more than five (5) of the most recent and relevant contracts performed for Government agencies and commercial customers demonstrating that they have performed similar work in the past (within the last 3 years). The Past Performance will have the following information:

1. Contractor’s Name

2. Contractor’s point of Contact ( email & phone number)

3. Project Title

4. Detailed Description of Work ( Performed by the offeror)

5. Contract Number

6. Contract Dollar Value

7. Period of Performance

8. Name of Contracting Officer or POC including information (email & phone number)

GENERAL QUOTE INFORMATION

Offerors are hereby notified that initial quotes which are found incomplete may be rejected without affording the offeror an opportunity to satisfy the requirement of the Government. Notwithstanding the information included in support of the offeror’s technical capability, the contractor must meet all requirements of this request for quote.

The provision at 52.212-2, Evaluation – Commercial Items.

The Government will award a Firm Fixed Price contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government.

BASIS FOR CONTRACT AWARD:

1. This is a competitive selection in which competing offerors will be evaluated on Lowest Price Technically Acceptable (LPTA).

Evaluation procedures shall be IAW FAR 15.101-1 when best value is expected to result from selection of the technically acceptable quote with the lowest price and acceptable past performance. The Government expects to award one firm-fixed price requirements 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 [FAR]) 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 Government will evaluate Part II, Technical Specifications on an Acceptable/Unacceptable basis. After the lowest priced offeror has received an overall acceptable rating on the Technical, the Government will then evaluate the offeror’s past performance. Offerors receiving an unacceptable rating for the Technical and /or on Past Performance will not receive further consideration. The solicitation requirements include all stated terms, conditions, representations, certifications, and other information required by 52.212-1 of this solicitation.

The Government will evaluate Part III, Past Performance on an acceptable/unacceptable basis shown in the table below.

The contracting officer shall seek recent and relevant performance information on all offerors based on (1) the past efforts provided by the offeror and (2) data independently obtained from other Government and commercial sources.

Relevant performance includes performance of efforts involving Group Exercise Instruction that involved similar scope and magnitude of effort and complexities this solicitation requires. The purpose of the past performance evaluation is to allow the government to assess the offeror’s probability of meeting the solicitation requirements based on the offeror’s demonstrated past performance. The assessment process will result in an overall acceptable performance rating. Past performance regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement will be rated as highly as past performance information for the principal offeror. Offerors with no recent/relevant performance history or if the offeror’s performance record is so sparse that no meaningful confidence rating can be reasonably assigned, the oferror will not be assessed as favorable or unfavorable on past performance. Therefore, the offeror shall be determined to have unknown (or “nuetral”) past performance. In the context of acceptable/unacceptable, a neutral rating shall be considered “acceptable”.

In evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this Request for Quotation (RFQ.)

If the lowest priced evaluated technically acceptable offer is judged to have an acceptable performance rating, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

If the lowest priced offeror is not judged to have an acceptable rating the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have an acceptable performance or until all offerors are evaluated. The Government shall then make an integrated assessment best value award decision.

Offerors are cautioned to submit sufficient information instructed above. Offeror’s may be asked to clarify certain aspects of their quote (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports an unacceptable rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for quote revision.

The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

2. REJECTION OF UNREALISTIC OFFERS:

Any quote which is unrealistic will be judged either as exhibiting a lack of competence or failure to comprehend the Government's requirements and may be so evaluated and rated, or rejected for such reasons. Furthermore, any significant inconsistency between the Technical qualification and Price, if unexplained, may be grounds for rejection of the quote. The Government will evaluate each quote strictly IAW its content and will not assume that performance will include areas not specified in the Offeror's quote. Nothing in this paragraph is to be construed as a promise by the Government to conduct a price realism analysis where it would otherwise not be required to do so.

The decision to conduct or not to conduct such an analysis remains in the sound discretion of the Contracting Officer.

PRICE: The Government will evaluate offers based on prices proposed for all CLINs and any other price related factors required by the solicitation. The offeror’s quote will be evaluated for Reasonableness and Total Evaluated Price.

1. 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.

TECHNICAL CAPABILITY: The following technical capability will be evaluated on an acceptable/unacceptable basis. If paragraphs A and B are not submitted with the quote, the entire quote shall be considered unacceptable and shall be removed from consideration.

The contractor at a minimum shall present the understanding and show how to accomplish the following tasks mentioned in the PWS:

A. Experience providing beginner, intermediate, and advance low impact/high intensity floor aerobics.

Experience providing kickboxing, indoor cycling, pilates, yoga, and extreme fitness.

B. Certifications from Air Force accepted certifying organizations.

The following ratings will be used in rating technical capability:

Acceptable: Proposed meets the minimum requirements of the solicitation Unacceptable: Proposed does not meet the minimum requirements of the solicitation

PAST PERFORMANCE: Recent and relevant past performance is defined as past performance having occurred in the last 3 years preceding the date of the solicitation issuance. Relevant past performance is defined as past performance providing candidates for services similar in scope to this requirement and complexity. The Government will consider relevancy, recency, extent of the past performance and the size and complexity of the past performance relative to this solicitation’s requirement submitted by offerors as well as any information gathered by the Contracting Officer. Offerors that have no relevant past performance history will be assigned an unknown past performance evaluation rating; unknown will be rated as acceptable.

The following ratings will be used in rating past performance:

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

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

End of Addendum

The contractor shall be registered in the System for Award Management (SAM) database at https://www.sam.gov/ to include the provisions at 52.212-3, Alt I Representation and Certifications-Commercial Items.

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 FAR 52.107(b).

CLAUSES INCORPORATED BY REFERENCE

52.202-1, Definitions 52.204-7, System for Award Management 52.204-9, Personal Identity Verification of Contractor Personnel 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13, System for Award Management Maintenance 52.204-16, Commercial and Government Entity Code Reporting.

52.204-18, Commercial and Government Entity Code Maintenance 52.204-19, Incorporation by Reference of Representations and Certifications 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment 52.217-5, Evaluation of options 52.219-1 Alt I, Small Business Program Representations (Sept 2015) 52.219-6, Notice Of Total Small Business Set-Aside 52.219-28, Post-Award Small Business Program Rerepresentation 52.222-3, Convict Labor 52.222-19, Child Labor -- Cooperation with Authorities and Remedies https://www.sam.gov/

52.222-21, Prohibition Of Segregated Facilities 52.222-26, Equal Opportunity 52.222-42, Statement Of Equivalent Rates For Federal Hires 52.223-5, Pollution Prevention and Right-to-Know Information 52.223-10, Waste Reduction Program 52.223-18, Encouraging Contractor Policies To Ban Text Messaging While Driving 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications 52.232-18, Availability of Funds 52.232-39, Unenforceability of Unauthorized Obligations 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim 52.237-1, Site Visit 52.237-2, Protection of Government Buildings, Equipment, and Vegetation 252.203-7000, Requirements Relating to Compensation of Former DoD Officials 252.203-7002, Requirement to Inform Employees of Whistleblower Rights 252.204-7003, Control of Government Personnel Work Product 252.204-7004 Alternate A, System for Award Management 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials 252.225-7048, Export-Controlled Items 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 252.232-7010, Levies on Contract Payments 5352.223-9001, Health and Safety on Government Installations

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 Offeror Representations And Certifications--Commercial Items (Nov 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) 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.

https://www.sam.gov/portal

“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.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern--

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

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

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

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

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

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

https://www.acquisition.gov/

(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.

(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.

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

(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) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 60-1 and 60-2), or

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

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

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

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

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

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

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

[List as necessary]

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

Other Foreign End Products:

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

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

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

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

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

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

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

Other End Products:

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

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

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

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

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

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

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

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

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

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

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

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

(1) Listed end products.

Listed End Product Listed Countriesof 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 it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

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

(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ___ ) Outside the United States.

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

(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ___ ) Outside the United States.

https://www.acquisition.gov/far/current/html/Subpart%2022_15.html#wp1088086

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

[ ___ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ___ ) does ( ___ ) does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

[ ___ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ___ ) does ( ___ ) does not certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is…