AE_IDIQ_Synopsis_Full.OPEN_6.25.2014.pdf

ARCHITECT – ENGINEER INDEFINITE DELIVERY INDEFINITE QUANTITY CONTRACT

GSA SPECIAL PROGRAMS DIVISION

SOLICITATION # GS-07P-14-HH-D-0014

Solicitation Number:

GS-07P-14-HH-D-0014

Notice Type:

Combined Synopsis/Solicitation

Contracting Office Address:

General Services Administration, Public Buildings Services (PBS), Acquisition

Services (7PQA)

819 Taylor St. Rm. 12B01

Fort Worth, TX. 76102

General Information

Classification Code: C – Architect and Engineering Services

NAICS Code: 541310 – Architectural Services

FBO Synopsis / Solicitation

Description IDIQ for Architectural and Engineering Services

C-ARCHITECT-ENGINEER SERVICES

REGION: Multiple Zones

CONTRACTING OFFICER: CAMILLE LEV

PHONE NUMBER: 817-850-5532

PROJECT: New Construction & Repair and Alterations PROJECT TYPE: Various CLIENT AGENCY: GSA and Various Customer Agencies SIZE: BUDGET: Varied

NOTICE TO OFFERORS

GSAM 552.219-71. NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS (MAR 2012)

The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $650,000 ($1,500,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

(End of provision)

OVERVIEW

Continuing a legacy of outstanding public architecture that was initiated with the founding of the nation, the General Services Administration (GSA) Design Excellence Program seeks to commission our nation’s most talented architects, landscape architects, interior designers, and engineers to plan and design new or expanded Federal facilities as well as repair and alterations of facilities to provide outstanding quality, value and operational design. Projects are to demonstrate the value of true integrated design that balances aesthetics, cost, constructability, and reliability; create environmentally responsible and superior workplaces for Federal employees.

In this context, GSA announces an opportunity for Design Excellence in public architecture for performance of Architectural-Engineering Design Services for Single-Award Indefinite Delivery Indefinite Quantity (IDIQ) contracts for design in accordance with GSA quality standards and requirements. As required by law, all facilities will meet Federal Energy Goals and security requirements and the facility will be designed in metric units. All new facility designs will be LEED certified, and shall be designed to meet the Gold standard as defined in the U.S.

Green Buildings Council in Energy and Environmental Design (LEED) Green Building Rating System to the extent the budget allows.

Projects will be varied, including renovations, expansions or new facilities.

Expedited design and delivery approaches will be promoted, including prototype design, prefabricated and modular construction, and use of pre-designed components. Thought should be given to the most appropriate and cost effective construction materials; and design, construction, and delivery methods suitable to the project. Various project delivery methods, including traditional design and construction, and bridging-design-build, will be used.

PROCUREMENT DESCRIPTION

This acquisition is being procured in accordance with the Brooks Act as implemented in FAR Subpart 36.6. This procurement is unrestricted. This announcement is open to all businesses regardless of size. If a large business is selected for this proposed contract, it must comply with FAR 52.219-9 regarding the requirement for a subcontracting plan. The current subcontracting goals are as follows: 25% small business, 5% small disadvantaged business, 5% woman-owned business, 3% HUB-Zone, and 5% veteran owned business (inclusive of service-disabled veteran owned)

This procurement will result in two (2) single award IDIQ contracts for A/E Services to two separate A/E firms. The A/E Firm as used in this Solicitation is a corporation, association, joint venture, partnership or other legal entity that will have contractual responsibility as the prime contractor for the resultant IDIQ contracts. No single firm is eligible to be awarded both contracts. However, interested firms submitting qualifications can provide submittals for both zones (A and B). On the first page of the contractor’s submittal, it shall state the Zone for which the submission should be considered. If the submittal is for more than one Zone, then the contractor shall list in order of priority, the preferred zones, if chosen for award.

This Full and Open Solicitation #GS-07P-14-HH-D-0014 is being issued in tandem with Solicitation #GS-07P-14-HH-D-0015, which has been set aside for Small Business concerns. These solicitations combined will result in six single-award IDIQ contracts in total. No firm will be awarded more than one IDIQ contract. However, interested firms qualified to submit in response to both solicitations can provide submittals in response to both solicitations. In the same manner, contractors submitting qualifications for more than one Solicitation or Zone shall identify on the first page of the submittal the Solicitation(s) and Zone(s) for which the submission should be considered. If the submittal is for more than one Solicitation and Zone, then the contractor shall list, in order of priority, the preferred zones, if chosen for award.

PROJECT DESCRIPTION

This is a solicitation for A/E services for a period of one year with four additional one-year option periods. Firms are not required to be geographically located in the State where the project is located, and are not required to have an active design production office within the State to be considered for award; however, successful A/E firms will be required to be licensed/registered within the State prior to the award of task order for a specific project and shall conform to all laws, rules, and requirements of that state governing the profession of architecture or engineering.

GSA proposes to award two (2) Single-Award IDIQ contracts for A/E services;

one awardee for each of two (2) primary service areas (Zones) as follows:

Zone A -North US and Alaska

1. Alaska

2. Washington

3. Oregon

4. Idaho

5. Montana

6. Wyoming

7. North Dakota

8. South Dakota

9. Nebraska

10. Minnesota

11. Iowa

12. Wisconsin

13. Illinois

14. Michigan

15. Indiana

16. Ohio

17. New York

18. Pennsylvania

19. Delaware

20. Maryland

21. New Jersey

22. Connecticut

23. Rhode Island

24. Massachusetts

25. New Hampshire

26. Vermont

27. Maine

Zone B - South US and Hawaii

1. Hawaii

2. California

3. Nevada

4. Utah

5. Arizona

6. Colorado

7. New Mexico

8. Kansas

9. Oklahoma

10. Texas

11. Missouri

12. Arkansas

13. Louisiana

14. Kentucky

15. Tennessee

16. Mississippi

17. Alabama

18. West Virginia

19. Virginia

20. North Carolina

21. South Carolina

22. Georgia

23. Florida

24. Puerto Rico

Secondary service areas will include All US States Nationwide and All US Territories and Installations worldwide.

The selected A/E firm shall primarily provide design services, including feasibility studies, bridging documents, and full design and construction inspection services, and research and reports related to the design of Federal facilities. The final designs may be operationally complex and technologically sophisticated site and civil-intensive projects with a balance between aesthetic, functional, and security issues, including state-of-the-art data and telecommunications systems, compliance with the Americans with Disabilities Act (ADA), and other requirements. Awardees under this requirement will not be eligible for award (individually or as a team member) on any design-build or construction projects resulting from any task order awarded under this contract.

SCOPE OF WORK

The A/E Firm selected under this solicitation will be required to provide all types of A/E services. The scope of professional services may require: problem analysis, feasibility studies, energy analysis, life cycle costing, building information modeling, surveys, site and existing conditions surveys, design, planning, interior design, traffic and civil engineering, and estimating services for new construction, and repair and alteration projects. At times the contract may also require selected firms to provide civil engineering, boundary and topographical surveying, sustainable design, environmental studies, quality control testing, asbestos sampling/hazard assessment/ abatement design, historic structure reports, building evaluation reports, scope development, construction management, and other architectural, engineering and technical services. New construction may be up to approximately 50% site work and require extensive civil, traffic, environmental, signage and environmental graphics, as well as primarily architectural, landscape architectural, interior design, mechanical, electrical, structural services, and cost estimating, but may also necessitate geotechnical, fire safety, elevator, acoustical, lighting, historic preservation, construction management/inspection, surveyor and other disciplines with specialized experience. The selected A/E firms may be required to provide design services that include alternative energy, prefabrication or modular construction, and/or expedited design and delivery solutions. The selected A/E firms may be required to participate in peer review processes. A/E’s may be required to develop prototypical designs, and the Government reserves the right to go back to the architects to modify and site adapt for any and all locations throughout the life of the contract. All design services will be in accordance with GSA requirements, design guides, and standards. Design services performed for customer agencies may be subject to additional or separate requirements, design guides, and standards.

ORDERING LIMITATIONS

There will be no limit on the amount paid on individual task orders and no limit on project size; however the Maximum Ordering Limitation (MOL) is $15 million for each contract period. Any unused MOL funds will carry over to the next option year if the option is exercised. The minimum guarantee for this contract is $1,000 for the base year. The minimum guarantee will only be paid to the contractor in the instance that there is no task order issued during that year. The minimum guarantee is only obligated for the base year and it would not apply to the option years.

CONTRACT DESCRIPTION

Two (2) Single-Award IDIQ contracts will result from this solicitation. Task orders against the resulting IDIQ contracts will be awarded as Firm-Fixed Price. Labor rates and Overhead rates will be negotiated with selected firms at time of award.

Profit, overhead and Other Direct Costs will be negotiated for each firm-fixed price task order.

The two (2) Single-Award IDIQ contracts resulting from this solicitation will be utilized for task orders valued above $1 Million (A separate A/E IDIQ contract vehicle set-aside for Small Business concerns will be utilized for A/E work valued at or below $1 Million). Task orders will be awarded directly to the firm assigned to the Zone in which the work is to be performed. If a project has a Place of Performance with work in both Zones, the Government retains the right to award directly to either firm, or to compete the work between the firms in each Zone as determined to be in the best interest of the Government. Additionally, the Government reserves the right to issue task orders to any contract awarded under either solicitation regardless of anticipated value as determined to be in the best interest of the Government by the Contracting Officer.

SELECTION PROCESS

This is a Request for Qualifications (RFQ) of A/E Firms/Lead Designers interested in contracting for this work. The Lead Designer is the individual or the team of designers who will have primary responsibility to develop the concept and the project design. For systems or infrastructure intensive projects, it may be appropriate for the lead designer to be an engineer. The Lead Designer will also be involved in commissioning an artist or artists for this project and in assisting with the successful integration of works of arts into the architectural design. The A/E firm must address the contractual relationship with the Lead Designer and the project team in Stage II.

The A/E selection will be completed in two stages as follows:

Stage I In STAGE I, interested firms will submit portfolios of accomplishment that establish the design capabilities of the A/E Firm and its Lead Designer. All documentation will be in an 8 1/2 inch x 11 inch format. The portfolio should include the following: a cover letter referencing the RFQ/Solicitation announcement and identifying the Zone for which the firm is competing. The cover letter should include a brief description of the firm and its location, organizational makeup, and noteworthy accomplishments. Portfolios shall include updated Part II, Standard Form 330 (Architect-Engineer and Related Services Questionnaire). Identification of consultants is not required at this stage. The assembled Stage I portfolio is to be no more than one-half inch thick. STAGE I submission requirements and evaluation criteria:

(1) PAST PERFORMANCE ON DESIGN: The A/E Firm will submit graphics (maximum of three pages per project) of not more than five new construction projects completed in the last ten years from the date of issuance of this solicitation. The narrative (maximum of two pages per project) shall indicate the lead designer and address the design approach with salient features for each project. The narrative shall discuss how the client's mission, function, image, economic, schedule and operational objectives were satisfied by the overall design/planning solution. It should comment on the relevance of submitted projects to this request, including security, traffic design, remoteness, harsh climate, and phasing of projects or missions that are operational 24/7. The A/E Firm shall also include a list of feasibility studies and other relevant reports or studies that the firm has completed. Include tangible evidence where possible such as certificates, awards, peer recognition, etc. demonstrating design excellence. Provide a client reference contact for each project, including name, title, address, phone, fax numbers, and email. A portion of one page presented for each project must include a representative floor plan and a site plan.

(2) PHILOSOPHY AND DESIGN INTENT: In the Lead Designer's words, (maximum of two typewritten pages) state his/her overall design philosophy and approach to the challenge of public architecture, issues, and parameters that may apply in creating a state-of-the art facility. Also include the Lead Designer’s philosophy towards alternatives methods of project design and delivery, such as prefabricated or modular design.

(3) LEAD DESIGNER PORTFOLIO: Submit a portfolio representative of the Lead Designer's ability to provide design excellence. Submit graphics (maximum of three pages per project, and a typewritten description (maximum of two pages per project) of up to three new construction projects completed in the last ten years. The narrative shall address the design philosophy with salient features for each project and discuss how the client's program, functional, image, mission, economic, schedule, and operational objectives were satisfied by the overall design/planning solution. Include tangible evidence where possible such as certificates, awards, peer recognition, etc., demonstrating design excellence.

Where there is duplication with criteria (1), the Lead Designer will address his or her participation in the project.

(4) LEAD DESIGNER PROFILE: Submit a biographical sketch (maximum of three pages) including education, professional experience, recognition for design efforts inclusive of examples. Identify and describe areas of responsibility and commitment to each project.

An A/E Evaluation Board consisting of a private sector peer and GSA will evaluate the submissions. The Board will establish a short-list of 3 to 5 firms per zone who will be requested to submit the Stage II material.

Stage II For Stage II, the firms short-listed in Stage I will be notified and asked to submit more detailed information indicating each member of the design team, including all outside consultants. The Government will establish the detailed evaluation criteria and the date that these submittals are due and provide the selection criteria for the interviews along with the Stage I short-list announcement.

Sufficient time will be provided for the A/E Design Firm/Lead Designer to establish its team. The Board will interview each team. Candidates should be prepared to discuss all aspects of the criteria indicated above and to demonstrate their ability to fulfill all project requirements. Emphasis will be placed on the team’s understanding of federal facilities, including but not limited to, the POE Border Program, design philosophy, possible approaches in carrying out generic projects and project management. The Stage II evaluations will culminate with an interview with the A/E Evaluation Board. Stage II rankings will be used in conjunction with Stage I rankings. The firms will be required to complete Standard Form 330 Architect Engineer Qualifications Parts I and II that reflect the entire design team.

IMPORTANT INFORMATION FOR STAGE I SUBMITTALS

Responsible firms having the capabilities to perform the services described in this announcement are invited to respond by submitting modified SF-330 (for the A/E Design Firm), which must not be dated more than twelve (12) months before the date of this synopsis/solicitation along with letter of interest and the portfolio on the due date specified for this synopsis/solicitation on FedBizOpps.

TO:

David Holland, Contract Specialist General Services Administration (7PQA) 819 Taylor Street, Room 12B01 Fort Worth, TX 76102 Faxed submittals are not accepted.

A total of five (5) hard copies shall be submitted, along with one (1) electronic copy on a CD/disc. The following information must be on the outside of the sealed envelope:

1) Solicitation Number/Title

2) Specific Zone (A or B)

3) Due Date

4) Closing time

5) Name of Firm

It is the Firm’s responsibility that the submittal reach the Government office designated in the synopsis/solicitation by the specified time. Any submittal received at the designated Government office after the exact specified time is late, and will not be considered.

The A/E Design Firm MUST sign, name, title and date the submittal. The Lead Designer is the individual or design studio that will have primary responsibility to conceive the design concept and the building's architecture. Interested A/E firms shall submit Standard Form 330, including portfolios of accomplishments that establish the design capabilities of the A/E Firm and its Lead Designer. In Part II, Block 9 of the SF330, specify only current W-2 payroll (non-contract) personnel of each firm. All documentation is to be in an 8 1/2 inch x 11 inch format, of not more than one-half inch thickness. All firms awarded a contract under this Solicitation must agree that small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, HUBZone small business, small disadvantaged business, and women-owned small business concerns will have the maximum practicable opportunity to participate in contract performance consistent with successful A/E's efficient performance. An acceptable Subcontracting Plan will be required from successful A/E Firms that are not a small business concern, as described in FAR 52.219-9. This procurement is being made under the Small Business Competitiveness Demonstration Program Act of 1988, PL 100-656 (15 U.S.C. 644) with full and open competition. Small, small women-owned, HUBZone, small veteran-owned and small disadvantaged firms are strongly encouraged to participate as prime contractors or as members of joint ventures or teams with other small businesses. GSA Agency-wide subcontracting goals are 25% small business, 5% small disadvantaged business, 5% woman-owned business, 3% HUB-Zone, 5% veteran owned (inclusive of service-disabled veteran-owned business). This Solicitation and resulting Contracts are being procured under FAR Part 36. This solicitation is a Request for Qualifications and is not a Request for Proposal.

Point of Contact David Holland, Contract Specialist

819 Taylor St. Rm. 12B01

Fort Worth, TX. 76102

Phone (817) 850-5532

Email david.e.holland@gsa.gov

Place of Performance

Address: Various Federal facilities

Postal Code: NA

Country: UNITED STATES

Pre-Proposal Conference A Pre-Proposal Conference will be conducted before the submittal due date.

Specific details about the Pre-Proposal Conference including time and location will be released in an amendment to the synopsis/solicitation.

mailto:david.e.holland@gsa.gov

SOLICITATION PROVISIONS

FAR.52.252.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

https://acquisition.gov/far/current/html/52_200_206.html.

(End of Provision)

INCORPORATED BY REFERENCE:

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

GSAM 552.216-74 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (AUG 2010)

FAR 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE

EVALUATION (FEB 1999)

FAR 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN -

REPRESENTATION AND CERTIFICATIONS (DEC 2012)

INCORPORATED IN FULL TEXT:

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is

541310 – Architectural Services.

(2) The small business size standard is $7 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

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(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

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(xvii) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—

Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) 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 the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph

(c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause # Title Date Change http://acquisition.gov/far/current/html/52_223_226.html#wp1169071 http://acquisition.gov/far/current/html/52_223_226.html#wp1169038 http://acquisition.gov/far/current/html/52_223_226.html#wp1169193 http://acquisition.gov/far/current/html/52_223_226.html#wp1169151 http://acquisition.gov/far/current/html/52_223_226.html#wp1181379 http://acquisition.gov/far/current/html/52_223_226.html#wp1188714 http://acquisition.gov/far/current/html/52_223_226.html#wp1169667 http://acquisition.gov/far/current/html/52_217_221.html#wp1136333 http://acquisition.gov/far/current/html/52_217_221.html#wp1143559 http://acquisition.gov/far/current/html/52_222.html#wp1160855 http://acquisition.gov/far/current/html/52_222.html#wp1152427 http://acquisition.gov/far/current/html/52_222.html#wp1155404 http://acquisition.gov/far/current/html/52_223_226.html#wp1168892 http://acquisition.gov/far/current/html/52_227.html#wp1139116 http://acquisition.gov/far/current/html/52_227.html#wp1145584 https://www.acquisition.gov/ http://acquisition.gov/far/current/html/Subpart%204_12.html#wp1073667

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

FAR 52.209 – 5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

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

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

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

(B) Have o have not o, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

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

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

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

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed.

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

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

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

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

https://acquisition.gov/far/current/html/52_207_211.html#wp1144964

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

(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

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

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

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

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

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

52.209-7 Information Regarding Responsibility Matters (Feb 2012)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

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

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

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of two (2) Single-Award Indefinite Delivery Indefinite Quantity (IDIQ) contracts resulting from this solicitation.

GSAM 552.216-74 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (AUG 2010)

GSA has designated a Task-Order and Delivery-Order Ombudsman who will review complaints from contractors and ensure that they are afforded a fair opportunity for consideration in the award of task or delivery orders under Indefinite Delivery/Indefinite Quantity (ID/IQ) contracts, consistent with the procedures in the contract. Written complaints shall be submitted to the Ombudsman, with a copy to the Contracting Officer.

In the case that the contractor is not satisfied with the resolution of the complaint by the GSA Task-Order and Delivery-Order Ombudsman, the contractor may follow the procedures outlined in subpart 33.1.

The GSA Ombudsman is the Director, Office of Acquisition Integrity located at: General Services Administration (GSA), Office of Governmentwide Policy (OGP), Office of Acquisition Policy (MV), Acquisition Integrity Division (MVA), 1800 F Street, NW., Room 4014, Washington, D.C. 20405, Telephone: (202) 219-3454, Fax: (202) 219-3615, E-mail: joseph.neurauter@gsa.gov .

[75 FR 41096, July 15, 2010]

GSAM 552.217-71 NOTICE REGARDING OPTION(S) (NOV 1992)

The General Services Administration (GSA) has included an option to extend the term of this contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48 CFR 517.207. (End of Provision)

GSAM 552.219-72. PREPARATION, SUBMISSION, AND NEGOTIATION OF

SUBCONTRACTING PLANS (MAR 2012)

https://www.acquisition.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1137850 mailto:joseph.neurauter@gsa.gov http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2010_register&position=all&page=41096

(a) An offeror, other than a small business concern, submitting an offer that exceeds $650,000 ($1,500,000 for construction) shall submit a subcontracting plan with its initial offer. The subcontracting plan will be negotiated concurrently with price and any required technical and management proposals, unless the offeror submits a previously-approved commercial plan.

(b) Maximum practicable utilization of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits. The General Services Administration (GSA) expects that an offeror’s subcontracting plan will reflect a commitment to assuring that small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns are provided the maximum practicable opportunity, consistent with efficient contract performance, to participate as subcontractors in the performance of the resulting contract. An offeror submitting a commercial plan can reflect this commitment through subcontracting opportunities it provides that relate to the offeror’s production generally; i.e., for both its commercial and Government business.

(c) GSA believes that this potential contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors. Consequently, in addressing the eleven elements described at FAR 52.219-9(d) of the clause in this contract entitled Small Business Subcontracting Plan, the offeror shall:

(1) Demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns in performing the contract.

(2) Include a description of the offeror’s subcontracting strategies used in any previous contracts, significant achievements, and how this plan will build upon those earlier achievements.

(3) Demonstrate through its plan that it understands the small business subcontracting program’s objectives and GSA’s expectations, and it is committed to taking those actions necessary to meet these goals or objectives.

(d) In determining the acceptability of any subcontracting plan, the Contracting Officer will take each of the following actions:

(1) Review the plan to verify that the offeror demonstrates an understanding of the small business subcontracting program’s objectives and GSA’s expectations with respect to the program and has included all the information, goals, and assurances required by FAR 52.219-9.

(2) Consider previous goals and achievements of contractors in the same industry.

(3) Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns.

(4) Review the offeror’s description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns. The offeror’s description can apply to commercial as well as previous Government contracts.

(e) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the offeror ineligible for award.

(End of provision)

GSAM 552-219-73. GOALS FOR SUBCONTRACTING PLAN (JUNE 2005)

(a) Maximum practicable utilization of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits.

(1) The General Services Administration’s (GSA’s) commitment to ensuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned,…