FA462020Q0009 Combo RFQ - Washer Dryer Lease.pdf

92d Contracting Squadron RFQ FA462020Q0009

COMBINED SYNOPSIS/SOLICITATION

92nd CES Washers and Dryers Lease

FA462020Q0009

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Subpart 12.6 and 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The Request for Quotation (RFQ) number FA462020Q0009 for 92nd CES Washers and Dryers Lease shall be used to reference any written quote provided under this RFQ.

The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular FAC 2020-06; Effective 05 June 2020.

This acquisition is a set-aside 100% for small business and will utilized the North American Industry Classification System (NAICS) code 532210 with a size standard of $4.5M and a PSC of W079. All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov.

Lack of SAM registration will make an offeror ineligible for award. The Unit Small Business Specialist is Mr. Michael Gilbert, at 509-247-4880; link to USAF Small Business, http://www.airforcesmallbiz.af.mil;

link to SBA, http://sba.gov.

The purpose of this combined synopsis and solicitation is for a Washers and Dryers Lease at Fairchild AFB, WA in accordance with the attached Performance Work Statement (PWS). The contract CLIN structure is detailed below and shall be priced IAW Attachment 2 - Price Schedule.

ITEM

NO

DESCRIPTION QTY UNIT AMOUNT

0001 Base Year – W/D Lease 1 Lot *SEE PRICING SCHEDULE Base Year - W/D Lease (01 Oct 20 - 30 Sep 21) The contractor shall furnish, install, maintain, and as required, relocate 76 washing machines, 7 dryers, 74 stackable dryers, and 64 stacked washer/dryer combos at various locations on Fairchild AFB, WA. Services shall be performed in accordance with manufacturer's recommended commercial practices and the Performance Work Statement (PWS).

FFP

FOB: Destination

DESCRIPTION QTY UNIT AMOUNT

1001 Option Year 01 – W/D Lease 1 Lot *SEE PRICING SCHEDULE Option Year 01 – W/D Lease (01 Oct 21 – 30 Sep 22) The contractor shall furnish, install, maintain, and as required, relocate 76 washing machines, 7 dryers, 74 stackable dryers, and 64 stacked washer/dryer combos at various locations on Fairchild AFB, WA. Services shall be performed in accordance with manufacturer’s recommended commercial practices and the Performance Work Statement (PWS).

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92d Contracting Squadron RFQ FA462020Q0009

DESCRIPTION QTY UNIT AMOUNT

2001 Option Year 02 – W/D Lease 1 LOT *SEE PRICING SCHEDULE Option Year 02 - W/D Lease (01 Oct 22 - 30 Sep 23) The contractor shall furnish, install, maintain, and as required, relocate 76 washing machines, 7 dryers, 74 stackable dryers, and 64 stacked washer/dryer combos at various locations on Fairchild AFB, WA. Services shall be performed in accordance with manufacturer's recommended commercial practices and the Performance Work Statement (PWS).

DESCRIPTION QTY UNIT AMOUNT

3001 Option Year 03 – W/D Lease 1 LOT *SEE PRICING SCHEDULE Option Year 03 - W/D Lease (01 Oct 23 - 30 Sep 24) The contractor shall furnish, install, maintain, and as required, relocate 76 washing machines, 7 dryers, 74 stackable dryers, and 64 stacked washer/dryer combos at various locations on Fairchild AFB, WA. Services shall be performed in accordance with manufacturer's recommended commercial practices and the Performance Work Statement (PWS).

DESCRIPTION QTY UNIT AMOUNT

4001 Option Year 04 – W/D Lease 1 LOT *SEE PRICING SCHEDULE Option Year 04 - W/D Lease (01 Oct 24 - 30 Sep 25) The contractor shall furnish, install, maintain, and as required, relocate 76 washing machines, 7 dryers, 74 stackable dryers, and 64 stacked washer/dryer combos at various locations on Fairchild AFB, WA. Services shall be performed in accordance with manufacturer's recommended commercial practices and the Performance Work Statement (PWS).

Notice to Vendor(s): Funds are not presently available for this effort. No task order awards will be made under this solicitation until funds are available. The government reserves the right to cancel this solicitation, either before or after the closing date and has no obligation to reimburse a vendor for any costs.

FAR Provision 52.212-1, Instruction to Offerors–Commercial Items (JUN 2020), applies to this acquisition and is incorporated by reference. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:

Addendum FAR 52.212-1, Instructions to Offerors–Commercial Items:

NOTE: All headings in bold are referencing back to the basic provision 52.212-1.

Paragraph (a); first sentence revised: The NAICS code is 532210 and size standard of $4.5M.

Paragraph (b); in addition to the required information provide the following with your proposal:

Subparagraph (6); Please complete the provided Pricing Schedule worksheet attached to this RFQ

(Attachment 2). Make sure to include any discount terms if applicable.

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92d Contracting Squadron RFQ FA462020Q0009

Firm Fixed Priced quotation: The resultant contract will be Firm Fixed Priced, accordingly, pricing is not subject to revision and/or negotiation if selected for contract award. Quotes shall include pricing for all items in the Price Schedule and unit prices shall not be more than two (2) decimal places.

Subparagraph (8); All offerors must be registered and active in the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ at time of quotation submittal to be considered for award. Offerors must complete all necessary fill-ins and certifications in the on-line Representations and Certifications and return the provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items para (b) along with the proposal. Contractors shall complete all provisions and clauses that require fill ins and provide them with their quotation.

DUNS Number/Cage Code: _________/_____________ Number of Employees/Total Yearly Revenue___________/______________

Subparagraph (9); Amendments - Offerors will acknowledge, sign, and submit all amendments to the solicitation with their quotation.

Subparagraph (10); PAST PERFORMANCE INFORMATION - All completed past performance questionnaires shall be submitted by the Past Performance Point of Contact (PP POC), upon completion, to the contracting officer and the contract specialist. Offerors shall submit recent and relevant contact information for a maximum of three (2) contracts for washer and dryer lease services.

a) To be considered recent, for a particular contract or combination of contracts, services must have been and/or are currently being performed at any time within the last three (3) years from the date of issuance of this solicitation.

b) To be considered relevant, offerors must have provided a washer and dryer lease similar to the the requirements of the SOW.

1. The offeror will be responsible for contacting the PP POC referenced in their proposal. The

PP POCs will be requested to complete the Past Performance Questionnaire (Attachment 4) which must be submitted directly from PP POC to the contracting officer/specialist.

THE RESPONSIBILITY FOR PROVIDING THE QUESTIONAIRES TO THE PP

POCs AND VERIFY RECEIPT BY THE GOVERNMENT OF THE COMPLETED

QUESTIONNAIRES RESTS SOLEY WITH THE OFFEROR.

2. For each PP POC, offerors must provide the following information to the contracting officer/specialist:

• Company/Division name/Contracting Agency/Customer Name

• Name, address, and email

• Description of service provided (to include laundered items, quantities, locations)

• Contract number (if applicable)

• Contract value

• Period of performance

Paragraph (c); first sentence revised as follows: The offeror agrees to hold the prices in its quotation firm for 80 calendar days from the date specified for receipt of proposals, unless another time period is specified in an addendum to the quotation.

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

92d Contracting Squadron RFQ FA462020Q0009

a. To assure timely and equitable evaluation of the quotations, offerors must follow the instructions provided in FAR 52.212-1 and are required to meet all solicitation requirements; failure to meet a requirement may result in a quotation being ineligible for award. The government’s terms, conditions, and respective clauses contained within this solicitation are prescribed IAW the FAR, and are not subject to conditionally proposed revisions or changes requested by offerors.

Paragraph (f); Quotation must be sent as stated below, if quotations are provided by any other method, are incomplete, or missing required items the quotation may not be considered. If submitting via email, it is recommended a read/delivery receipt is attached to the email. In all cases the offeror is solely responsible for determining receipt of quotations by the government.

RFQ due date/time: 17 July 2020/ 1:00 P.M. Pacific Daylight Time (PDT)

Email to: 1st Lt Nevan McCann at nevan.mccann.1@us.af.mil and Zachery Ray at zachery.ray.2@us.af.mil.

Mail/Hand deliver to: ATTN: 1st Lt Nevan McCann or Mr. Zachery Ray

92nd Contracting Squadron 110 W Ent Street Fairchild AFB, WA 99011

Note: If proposals are mailed or hand delivered, an electronic version (on DVD) of all documents must be provided at time of submission. Beware, “.zip” files are not an acceptable format for the Air Force Network and will not go through government email systems.

Pre-proposal Conference/Site Visit at Fairchild AFB

(a) A pre-proposal conference will be conducted at Fairchild AFB on 08 July 2020 at 9:00 AM PDT for the purpose of visiting the different laundry rooms and answering questions regarding this solicitation.

(b) Provide the name of attendee (not to exceed 1 per firm) along with contact information to 1st Lt Nevan McCann, nevan.mccann.1@us.af.mil, 509-247-2234, NLT 07 July 2020. Do not send social security numbers via email. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees. Due to security limitations for base access only U.S. citizens are allowed at the site visit.

(c) Offerors are requested to submit questions to the points of contact noted above not later than 07 July 2020 at 1:00 PM PDT. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing.

(d) A record of the conference will be made by the government and furnished to all prospective offerors.

The record will include meeting minutes, questions and answers.

FAR Provision 52.212-2, Evaluation-Commercial Items (JUN 2020)

(a) Pursuant to FAR 12.602 contract award will be made using competitive procedures IAW FAR 13.106-

2. The government will award a contract resulting from this RFQ to the responsible offeror whose quotation, conforming to the RFQ, will be most advantageous to the government, price and other factors considered. The following factors shall be used to evaluate proposals:

mailto:nevan.mccann.1@us.af.mil mailto:zachery.ray.2@us.af.mil mailto:nevan.mccann.1@us.af.mil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1130_159445

92d Contracting Squadron RFQ FA462020Q0009

Price and Past Performance

This evaluation will be conducted as a Subjective Trade-off; where Past Performance is approximately equal to Price.

(b) Options. The government will evaluate proposals for award purposes by adding the total price for all option periods to the total price for the basic requirement. The government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the government may accept an offer (or part of an offer), whether or not there are discussions after its receipt, unless a written notice of withdrawal from the offeror is received before award.

FAR Provision 52.212-2, Evaluation-Commercial Items (OCT 2014), applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:

Addendum 52.212-2-Evaluation Commercial Items

Basis for contract award: The government seeks to award to the offeror whose quotation, conforming to the solicitation where the price is determined to be fair and reasonable and for which Past Performance has been determined to be Satisfactory and represents the best value to the government. Under a subjective evaluation process, trade-offs will be permitted between price and past performance. In order to be considered awardable, there must be a satisfactory rating for the non-price factor.

Evaluation steps:

Step 1: The government will review all quotes for compliance. A compliant proposal consists of a proposal that meets the government’s requirements identified in Addendum to 52.212-1. Proposals that are not fully compliant may result in removal from consideration.

Step 2: Rank all acceptable proposals based upon offeror’s Total Evaluated Price (TEP) from lowest TEP to highest TEP.

Step 3: Evaluate price for a Fair and Reasonable determination.

Step 4: Evaluate lowest price offerors past performance and proceed in order of price until a past performance confidence assessment rating of a Satisfactory Confidence is achieved or all quotes have been evaluated.

Step 5: The government will make an award to the lowest priced responsible offeror that has a Satisfactory Confidence assessment rating. In the event that the lowest priced offeror does not have a Satisfactory Confidence assessment rating, the government reserves the right to make a best value award based on price and past performance to select the successful offeror.

Price Evaluation. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; the offeror may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

92d Contracting Squadron RFQ FA462020Q0009

The government will evaluate prices submitted in the Pricing Schedule (Attachment 4) “Pricing Worksheet”. The government will multiply the quantity of each machine type by the proposed monthly unit price/machine to reach a total monthly lease price for each type of machine. All four monthly prices will be added together to calculate a monthly price to lease all machines. Then the total monthly price will be multiplied by 12 to reach a total line item price. All line items will be added together to determine each vendors Total Evaluation Price (TEP). Failure to propose on all items on the schedule will render the proposal incomplete and potentially removed from further award consideration.

Offerors should propose the best pricing to the government for each item in arriving at the most competitive price. Price information submitted in each offeror’s price proposal, as required by the Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items, will be evaluated to determine if proposed prices are fair and reasonable IAW FAR 13.106-3. Unbalanced pricing may pose an unacceptable risk to the government and may be a reason to reject an offeror’s proposal.

Past Performance. The Past Performance evaluation is an assessment of the offeror’s ability to successfully perform the required effort. Services must have been and/or are currently being performed at any time within the last three (3) years from the date of issuance of this solicitation and;

The government will assign a relevancy rating for each recent past performance contract reference below.

Table 1. Past Performance Relevancy Ratings Method

Adjectival Rating Description Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

References will be further evaluated to determine how well the offeror performed on the prior contracts.

Offerors that are rated as other than “Relevant” will be further evaluated to determine an offeror’s overall Past Performance Confidence Assessment rating. Past Performance Information includes questionnaires responses and other information as described below. This evaluation will result in an assessment of the contractor’s proposal to determine the offeror’s Past Performance Confidence Assessment see Table 2.

Table 2. Past Performance Confidence Assessment

Satisfactory Confidence

Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance information rating

92d Contracting Squadron RFQ FA462020Q0009 can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance.

In the event that the government receives past performance information that is rated as Limited or No Confidence the government may contact the offeror to obtain additional information. The offeror will have an opportunity to respond to any overall unfavorable past performance, if not previously afforded the opportunity by the Government (e.g. CPARS)

Sources of Past Performance Information. In addition to the Past Performance Questionnaires (Attachment 4) completed by the points of contact listed in the proposal, the government will also utilize data independently obtained from other government and commercial sources. These sources may include, but are not limited to, Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of the contractors who are part of a partnership/joint venture or teaming agreement identified in the offerors proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), and any other known sources not provided by the offeror.

NOTE: Completed questionnaires shall be emailed from PP POC to:

1st Lt Nevan McCann at nevan.mccann.1@us.af.mil and Zachery Ray at zachery.ray.2@us.af.mil.

End of Addendum

FAR clause at 52.212-4, Contract Terms and Conditions-Commercial Items (OCT 2018), applies to this acquisition with the following Addendum: Paragraph (c) of this clause is tailored as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc., which may be changed unilaterally by the government.

Note: The offeror acknowledges that should the proposal terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation (FAR) and other Federal law applicable to commercial acquisitions, to the extent of such conflict the FAR and Federal law govern and conflicting offeror terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract.

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE DATE

52.203-3 Gratuities 1984-04 52.203-6 Restrictions on Subcontractor Sales to the Government. -

(Alternate I) 2006-09

52.203-11 Certification and Disclosure Regarding Payment to Influence Certain Federal Transactions

2007-09

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

2017-01

52.204-7 System for Award Management. 2018-10 52.204-13 System for Award Management Maintenance 2018-10 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.212-1 Instructions to Offerors-Commercial Items. 2020-03 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 mailto:zachery.ray.2@us.af.mil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1405_194946

92d Contracting Squadron RFQ FA462020Q0009

52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2020-

O0008) 2020-03

52.228-5 Insurance-LWork on a Government Installation 1997-01 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors.

2013-12

52.237-1 Site Visit 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.242-13 Bankruptcy 1995-07 52.242-15 Stop Work Order 1989-08 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7005 Representation Relating to Compensation of Former DoD

Officials. As prescribed in 203.171-4(b), insert the following provision:

2011-11

252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7006 Billing Instructions. 2005-10 252.204-7008 Compliance with Safeguarding Covered Defense Information

Controls.

2016-10

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2019-12

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

2016-05

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2018-01

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports.

2018-12

252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.204-19 Incorporation by Reference of Representations (DEC 2014) And Certifications.

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-22 Alternative Line Item Proposal. (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes

92d Contracting Squadron RFQ FA462020Q0009 are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications Surveillance Services or Equipment.

(DEC 2019)

(a) Definitions. As used in this provision-

"Covered telecommunications equipment or services", "critical technology", and "substantial or essential component" have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services"

(d) Representation. The Offeror represents that it [_] will, [_] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will" provide covered telecommunications equipment or services", the Offeror shall provide the following information as part of the offer-

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

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(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.204-26 Covered Telecommunications Equipment (DEC 2019) or Services-Representation.

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) Representation. The Offeror represents that it [_] does, [_] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent (FEB 2016) Tax Liability or a Felony Conviction under any Federal Law

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) [_] It is [_] is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) [_] It is [_] is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

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52.212-3 Offeror Representations and Certifications - (MAR 2020) Commercial Items. (Alternate I)

(a) Definitions. As used in this provision-

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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.

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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"-

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 veteransor, 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).

92d Contracting Squadron RFQ FA462020Q0009

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 with13 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 at13 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 CFR124.104(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 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.

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 least51 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.

(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 in SAM

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(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____.

[Offeror to identify the applicable paragraphs at (c) through (v) 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.

(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 CFR124.1002.

(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-

92d Contracting Squadron RFQ FA462020Q0009

(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) Representations required to implement provisions of Executive Order11246-

(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…