AE.IDIQ.Synopsis_Set-Aside_6.25.2014.pdf

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SPD AE IDIQ - Small Business Set-Aside
Solicitation number
GS-07P-14-HH-D-0015
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ARCHITECT – ENGINEER INDEFINITE DELIVERY INDEFINITE QUANTITY CONTRACT

GSA SPECIAL PROGRAMS DIVISION

SOLICITATION # GS-07P-14-HH-D-0015 (SET-ASIDE FOR SMALL BUSINESS)

Solicitation Number:

GS-07P-14-HH-D-0015

Notice Type:

Combined Synopsis/Solicitation

Contracting Office Address:

General Services Administration (GSA), 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

IDIQ for Architectural and Engineering Services

REGION: Multiple Zones CONTRACT Specialist: David Holland

PHONE NUMBER: 817-850-5532

PROJECT: Architectural and Engineering Design Services PROJECT TYPE: Various CLIENT AGENCY: GSA and Various Customer Agencies SIZE: BUDGET: Varied

OVERVIEW

GSA is soliciting Architectural and Engineering (A/E) services to be utilized by GSA, particularly the Special Programs Division (SPD). The SPD serves a number of different Federal agencies including the Department of Homeland Security (DHS) and Department of Defense (DOD). The contracts resulting from this solicitation may be used to support GSA and GSA customer agencies.

The North American Industrial Classification System Code (NAICS) applicable to this project is 541310, Architectural Services, which has a size standard of $7 million in average annual receipts.

PROCUREMENT DESCRIPTION

This acquisition is being procured in accordance with the Brooks Act as implemented in FAR Subpart 36.6. This procurement is set-aside for Small Business concerns.

To be eligible for contract award, a firm must be registered in the System for Award Management at http://www.sam.gov.

This Solicitation #GS-07P-14-HH-D-0015, will result in four Single-Award Indefinite Delivery, Indefinite Quantity (IDIQ) contracts for A/E services to four separate A/E firms;

one in each of four primary service areas (Zones) identified in the following section. 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 more than one contract resulting from this Solicitation. However, interested firms submitting qualifications can provide submittals for multiple zones (1, 2, 3, and 4). 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 Set-Aside Solicitation #GS-07P-14-HH-D-0015 is being issued in tandem with Solicitations #GS-07P-14-HH-D-0014, which is being competed through Full and Open competition to fulfill the Government’s requirement for AE Services. 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.

ZONES FOR THIS SOLICITATION

Zone 1 – Northwest and Alaska

1. Alaska

2. Washington

3. Oregon

4. Idaho

5. Montana

6. Wyoming

7. North Dakota

8. South Dakota

9. Nebraska

Zone 2 – Northeast

1. Illinois

2. Michigan

3. Indiana http://www.sam.gov/

4. Ohio

5. New York

6. Pennsylvania

7. Delaware

8. Maryland

9. New Jersey

10. Connecticut

11. Rhode Island

12. Massachusetts

13. New Hampshire

14. Vermont

15. Maine

16. Minnesota

17. Iowa

18. Wisconsin

Zone 3 – Southwest and Hawaii

1. Hawaii

2. California

3. Nevada

4. Utah

5. Arizona

6. Colorado

7. New Mexico

8. Kansas

9. Oklahoma

10. Texas

Zone 4 – Southeast and Puerto Rico

1. Missouri

2. Arkansas

3. Louisiana

4. Kentucky

5. Tennessee

6. Mississippi

7. Alabama

8. West Virginia

9. Virginia

10. North Carolina

11. South Carolina

12. Georgia

13. Florida

14. Puerto Rico

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

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(s) 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.

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, programming, interior design, working drawings and specifications, shop drawing review, 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. Projects may involve 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.

The selected A/E shall provide these study and design services for projects at various types of federal facilities and government installations. Various project delivery methods, including traditional design and construction, and bridging-design-build will be used. Awardees under this Solicitation 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.

Disciplines and expertise that may be required to accomplish the scopes of the task orders include, but are not limited to: architecture, mechanical, electrical, plumbing, civil, structural, fire prevention, life safety, security, blast, environmental, landscape, space planning, historic preservation, estimating, master planning, scheduling, surveying (boundary & topographical), sustainability. and other architectural, engineering, technical services utilizing other disciplines with specialized experience.

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 $12 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 the resulting IDIQ contracts 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

Four (4) 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 will be negotiated with selected firms at time of award. Profit and Other Direct Costs will be negotiated for each firm-fixed price task order. A supplemental architect-engineer lookup table for pricing task orders for projects with an estimate construction cost of less than $2 million will be included in the contract.

The four (4) Single-Award IDIQ contracts resulting from this solicitation will be utilized for task orders valued at or below $1 Million (A separate A/E IDIQ contract vehicle resulting from tandem solicitation GS-07P-14-HH-D-0014 will be utilized for task orders valued above $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 multiple Zones, the Government retains the right to award directly to a single firm, or to compete the work between the firms in the respective Zones 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 as determined to be in the best interest of the Government by the Contracting Officer and as approved by the internal Small Business Representatives.

SELECTION CRITERIA

Selection Criteria for this acquisition are listed below in descending order of importance.

(1) Quality In Design Information requested shall be provided in the SF 330, Section H, including the portfolios and design approach statements. Design solutions will be evaluated for above standard talent, application, execution and performance. Consideration will be given for design awards in both architecture and engineering disciplines based on type and relative application. Design approach statements will be evaluated for the lead designers' commitment to excellence in their profession.

(2) Experience,Performance, Technical Ability and Professional Qualifications Proposals will be evaluated on the team's demonstrated experience, performance, technical abilities, application of standard of care and exceptional care. Key personnel of the team who will be directly involved in providing the contract services will be evaluated on education, project experience, ability to work in team effectively, technical ability and other relevant qualifications that will provide the best opportunity for the successful completion of task orders under this contract. Past performance/experience will be evaluated on successful past performance based on example projects from the owner, and/or peer and teammate point of view. The Government may also use corporate knowledge when evaluating this factor.

(3) Management, Organization, Production and Quality Control Evaluation will be made on the management of the professionals, projects, and products; the quality of construction documents, and quality of the effort. Proposals will be evaluated on how teams are organized, effectiveness of the organization, how well the teams works together, how they will maintain good working relationships; that roles, responsibilities and authorities are clearly established; how the teams can be proactive or responsive to emerging situations, conducting situation evaluations and make midcourse corrections. Evaluation will be made on communication plan; commitment to timely communications; communications defined, clear, and efficient and demonstrate how stakeholders are included. Proposals will be evaluated on demonstrated ability to execute constructible and biddable construction documents on high quality design while meeting schedules; providing well coordinated drawings within each discipline, across disciplines, and with specifications. Consideration will be given for handling, overseeing, scheduling and staffing projects with the inconsistent and unpredictable issuance of task orders; strategy for designing and producing all work within the negotiated fee and a quality assurance approach in meeting the requirements of the Statement of Work.

(4) Construction Management and Inspection Capability Proposals will be evaluated on experience and capability of the firm and consultants with respect to complete construction management as agent, often referred to as management and inspection services, for projects during the construction phase of the described projects. There will be an evaluation of the proposed quality control during construction, communications, structure of service, experience of those involved, how effort is processed and managed, how costs are controlled and on use of specifications in management during construction.

(5) Location in and Knowledge of Geographical Area

The evaluation will consider the team’s ability to accomplish at least 35 percent of the required A/E services by a firm located within the geographical delineated zone. The evaluation will also consider knowledge of local conditions within the geographical area including tactical, operational, strategic issues for all areas of design, as well as bidding and construction related to the key disciplines.

SUBMITTAL REQUIREMENTS

Interested firms having the qualifications to meet these requirements are invited to submit their proposal using Standard Form 330 along with a letter of interest. Please be specific, provide pertinent and requested information. Only the top rated firms will be recommended for interview, based solely on their written response to this announcement and reference contacts. Include a Part II (General Qualification) for each firm that is part of the proposed team.

SF-330, Section C: Section C may be modified to provide more than six proposed team members. However, prioritize team members and use the initial six slots for those that are most important to creating the best well rounded team or demonstrate your concentrated areas of expertise. It is recommended that all firms be included in Section F.

SF-330, Section D: Include an organization chart of the team.

SF-330, Section E, "Resumes of Key Personnel Proposed for This Contract", Item 13, "Role in This Contract". Include the Lead Architectural Designer, Lead Engineering Designer and the Primary Point of Contact that would be responsible for managing this contract and assigning task orders in Section E.

SF330, Section F: Form may not be modified. As stated in the SF330 provide example projects which best illustrate proposed team’s qualifications for this contract and provide a brief description of the project and relevance to this contract. Projects should demonstrate ability to successfully accomplish a wide range of project types, sizes and budgets. At least six (6) out of the ten (10) projects must have construction completed.

Three (3) out of the ten (10) must be directly attributable to the Lead Designer.

SF330, Section H: Quality in Design: Submit a portfolio representative of the lead architectural designer’s ability to provide high quality design (not to exceed 5 projects).

Each example project should include no more than 3 single sided pages. Photographs, sketches and drawings are encouraged. For engineering, or other team members, submit a portfolio representative of the lead designer’s ability to provide high quality design. Each example project should include no more than one page including project challenges, application of design intent, actual constructed system and operations as applied to the discipline including verifiable information, objective details, facts, performance history and other information that can substantiate application of each discipline (not to exceed 3 projects for each engineering discipline). Mechanical engineering is considered a primary discipline in regard to exceptional engineering for this contract. Include a design approach statement from the Architectural Lead Designer (not to exceed 2 pages) and from the Engineering Lead Designer(s) (1 page for each engineering discipline).

Also, include a Management Plan (not to exceed 3 pages) with a clear plan of the team’s overall management philosophy that includes the following information; the team’s project assignment methodology and approach; a strategy for designing and producing all work within the negotiated fee; a plan for designing a project that will meet the Government’s limited construction budgets; and a plan for scheduling that includes a subheading on managing and scheduling projects with the Government’s unpredictable issuance of task orders in terms of number, importance and urgency.

Also, provide a Communication Plan in conjunction with the Section D organization chart that clearly articulates a plan demonstrating the approach and overall strategy to communication including roles, responsibilities, goals, possible stakeholders, technology, thoughts on being responsive to an issue or how the team will be proactive on emerging situations, evaluation, midcourse corrections and any additional information about the organization.

Provide a Quality Control Plan that will assure a quality project; provide well coordinated drawings within each discipline, across disciplines, and with specifications; control costs, provide quality control during design and during construction; and include quality assurance approach for meeting Statement of Work, limited budgets and schedules.

Past Performance Documentation (for each sample project submitted in section F):

Provide copies of any performance evaluations or owner review of firm’s performance;

Provide an owner point of contact including name, title, address and current phone number, references will be contacted; Provide copies (or listing) of awards; Provide copies of letters of appreciation and commendations. Teams must be able to demonstrate successful past performance on example projects from the owner, and/or;

peer and teammate point of view.

NOTE: SF 330, Part 1, Section E, "Resumes of Key Personnel Proposed for This Contract", Item 13, "Role in This Contract". In addition to the role in this contract, employees should be clearly identified as to whether they are direct or contract employees of the firm they are proposed under.

IMPORTANT INFORMATION FOR SUBMITTALS

Responsible firms having the capabilities to perform the services described in this announcement are invited to respond by submitting SF 330 and other pertinent information (see FAR 53.236-2(b). The SF 330 must not be dated more than twelve (12) months before the date of this synopsis/solicitation. Submittals are to be received 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 (1,2,3 or 4)

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 A/E Firm as used in this Solicitation is a corporation, association, joint venture, partnership or other legal entity that will have contractual responsibility for the project design.

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 52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS.

FAR 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB

1999)

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

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.

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

https://acquisition.gov/far/current/html/52_200_206.html http://acquisition.gov/far/current/html/52_200_206.html#wp1137850 http://acquisition.gov/far/current/html/52_200_206.html#wp1137850

(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.

(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.

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(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

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.

(End of provision)

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;

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(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).

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

(End of provision)

GSAM 52.215-70 EXAMINATION OF RECORDS BY GSA (FEB 1996)

The Contractor agrees that the Administrator of General Services or any duly authorized representatives shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the https://www.acquisition.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1137850 particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder.

The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the Administrator of General Services or any authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor involving transactions related to the subcontract or compliance with any clauses thereunder. The term “subcontract” as used in this clause excludes (a) purchase orders not exceeding $100,000 and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.

(End of clause)

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)

FAR 52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

The offeror represents that— It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

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It o has, o has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision)

FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that—

(a) It __ has developed and has on file, __ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

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

(End of provision)

FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (MAY 2012)

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. DISCLOSURE STATEMENT—COST ACCOUNTING PRACTICES AND CERTIFICATION

(a) Any contract in excess of $700,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.

Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.

(c) Check the appropriate box below:

[ ] (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows:

(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant

Federal agency official authorized to act in that capacity (Federal official), as applicable; and

(ii) One copy to the cognizant Federal auditor.

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable.

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